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Intro To Criminal Justice > Exam 3 cards > Flashcards

Exam 3 cards Flashcards

1
Q

The set of informal values which characterize the police force as a distinct community with a common identity

A

Police Subculture

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2
Q

4 aspects of police subculture

A
  1. ) Informalization
  2. ) Ongoing
  3. ) May emphasize a different set of values compared to mainstream society
  4. ) Often extends to personal lives
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3
Q

The abuse of police authority for personal or organizational gain

A

Police Corruption

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4
Q

Police corruption is behavioral _______ from an acceptable ethical standard

A

deviation

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5
Q

What perspective is police corruption viewed in?

A

Slippery slope perspective

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6
Q

Kerner Commission

A

Made findings about how African American’s were underrepresented and there was a discrepancy in pay, lack of professionalism

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7
Q

Knapp Commissions in the NYCPD 1970s looked at…

A

Corruption

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8
Q

Accept bribes or goods in exchange for not issuing tickets, making arrests, etc

A

Grass eaters

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9
Q

Grass eaters do not ____ but don’t ______ offer

A

Initiate, refuse

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10
Q

1.) Free meals, items from stores2.) Two officers uses of force3.) Body shop4.) Diamond watchThese scenarios are examples of…

A

4 situations that officers were presented with and asked which form of misconduct they would be most okay with reporting

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11
Q

Solicit bribes or take a share of the drugs they confiscate to sell for their own profit

A

Meat eaters

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12
Q

Meat eaters _____ activity

A

Initiate

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13
Q

What was the response to the issues of police corruption?

A

Increased police professionalism

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14
Q

What 5 areas are addressed when it comes to dealing with increasing police professionalism?

A
  1. ) Hiring
  2. ) Increased pay
  3. ) Ethics training
  4. ) Continuing education
  5. ) Drug testing
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15
Q

The branch of a police organization tasked with investigating charges of wrongdoing involving members of the department

A

Internal affairs

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16
Q

Garrity Rights

A

When a police officer is forced to talk about an administrative issue not a criminal matter

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17
Q

Police department bureau internally conducts the investigation into…

A

The allegations of wrongdoing

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18
Q

True/FalseWhen necessary an outside agency can conduct the inquiry

A

TRUE

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19
Q

Protections that officers have against self-incrimination in the face of questioning

A

Officer’s Garrity rights

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20
Q

The purpose of the Garrity rights is to…

A

Protect officers themselves when being questioned by representatives of their department’s internal affairs division or by their superior officers

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21
Q

4 Main dangers of police work

A
  1. ) Police and alcohol
  2. ) Police and family problems
  3. ) Police and suicide
  4. ) Dealing with the stress of policing
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22
Q

1.) Exercise and diet2.) Meditation3.) Abdominal breathing4.) Music5.) Prayer6.) Peer supportAre all factors in…

A

Stress reduction

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23
Q

The use of physical restraint by a police offer when dealing with a member of the public

A

Police use of force

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24
Q

Police use of force needs to be ________ and ______

A

Reasonable necessary

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25
Q

5 Police use of force continuum

A
  1. ) Officer presence
  2. ) Verbal commands
  3. ) Soft techniques
  4. ) Hard techniques
  5. ) Deadly force
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26
Q

Designed to disable, capture, or immobilize but not kill

A

Less-lethal weapons

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27
Q

Application of an amount and/or frequency of force greater than required to compel compliance from a willing/unwilling subject

A

Excessive force

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28
Q

Force likely to cause death or great bodily harm

A

Deadly force

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29
Q

Deadly force with the intentional use of a firearm or other instrument…

A

Resulting in a high probability of death

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30
Q

When police offers act on a person’s race, ethnicity, or national origin instead of the person’s actions or information that identifies the person as a suspect

A

Racial profiling

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31
Q

4 Police liability for constitutional violations

A
  1. ) Civil remedies
  2. ) Criminal remedies
  3. ) Non-judicial remedies
  4. ) Exclusionary rule remedies
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32
Q

Potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in lawsuit

A

Civil libabilty

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33
Q

2 levels of civil liability

A
  1. ) Federal

2. ) State

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34
Q

Civil liability is different from….

A

Criminal liability

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35
Q

4 common sources of lawsuits against police

A
  1. ) Assault
  2. ) Battery
  3. ) False imprisonment
  4. ) Malicious prosecution
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36
Q

Which common lawsuit has…-High media visibility-Most well-known

A

Assault

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37
Q

Which common lawsuit has…-High media visibility

A

Battery

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38
Q

Which common lawsuit has.. -Arrest without just cause

A

False imprisonment

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39
Q

Which common lawsuit has…-Negligent or malicious actions

A

Malicious prosecution

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40
Q

Denies others their constitutional right to life, liberty or property without due process of law

A

1983 lawsuit

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41
Q

A civil suit brought against federal government officials for denying the constitutional rights of others

A

Bivens action

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42
Q

America has a ____ court system

A

Dual

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43
Q

The 2 components of our dual court system are…

A
  1. ) Federal court system

2. ) Sate court system

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44
Q

The federal court system is made of what 3 courts?

A
  1. ) Federal courts
  2. ) U.S courts of appeal
  3. ) U.S Supreme court
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45
Q

The state court system is composed of what 3 courts?

A
  1. ) Trial courts
  2. ) Appellate courts
  3. ) State supreme court
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46
Q

The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constituion

A

Jurisdiction

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47
Q

The act in 1789…

A

Federal Judicial court act

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48
Q

Which state has their supreme court as their lowest (trail) court?

A

New York

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49
Q

The lawful authority of a court to hear or to act on a case from its beginning and to pass judgement on the law and the facts

A

Original Jurisdiction

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50
Q

The authority found in original jurisdiction may be over a ______ ________ area or over particular types of cases

A

Specific geographic

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51
Q

The lawful authority of a court to review a decision made by a lower court

A

Appellate jurisdiction

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52
Q

The court authorized by law to hear the final appeal on a matter

A

State appellate court

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53
Q

How many of the “highest appellate” courts does TX have?

A

2

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54
Q

What are the two “highest appellate” courts that TX has?

A

1 for criminal cases1 for civil cases

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55
Q

Informal hearing places designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court

A

Dispute resolution centers

56
Q

A low-level court that focuses on quality-of-life crimes that erode a neighborhood’s morale

A

Community court

57
Q

Community court emphasizes…

A

Problem solving rather than punishment

58
Q

What 2 restorative principles do community courts build on?

A
  1. ) Community service

2. ) Restitution

59
Q

A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry

A

Specialized court

60
Q

NAME?

A

U.S. district courts

61
Q

Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies

A

U.S Court of appeals

62
Q

Greatest authority lies in its capacity for judicial review of lower-court decisions and state and federal statutes

A

U.S. Supreme court

63
Q

Issued to a lower court when the supreme court agrees to hear a case

A

Writ of certiorari

64
Q

People that function in and out of court

A
  1. ) Judge
  2. ) Prosecution
  3. ) Defense counsel
  4. ) Bailiff
  5. ) Clerk of court
  6. ) Stenographer or court reporter
  7. ) Expert witness
65
Q

Who…-Ensures justice- Is elected or appointed public offcial

66
Q

7 responsibilities of a judge

A
  1. ) Ruling on most matters of the law
  2. ) Weighing objections
  3. ) Deciding the admissibility of evidence
  4. ) Sentencing offenders
  5. ) Disciplining disorderly courtroom attendees
  6. ) Deciding guilt or innocence for bench trials
  7. ) Role of sentencing guidelines
67
Q

A trial that has no jury and the evidence and decision is determined by the judge only

A

Bench trial

68
Q

These guidelines were quantify to put into range a possible sentencing

A

Sentencing guidelines

69
Q
  • Nominated by the president

- Confirmed by the senate

A

Federal Judges

70
Q
  • Popular election
  • Gubernatorial appointment
  • Missouri plan
A

State judge

71
Q

Hybrid between an election and jury process

A

Missouri Plan

72
Q

An attorney whose official duty is to conduct criminal proceedings on behalf of the state of the people against those accused of having committed criminal offenses

A

Persecutor

73
Q

Persecutor’s responsibilties

74
Q

Prosecutors have a lot of…..

A

Discretion

75
Q

Generally must be present at their trials

76
Q

Defendants exercise choice in in what 6 areas

A
  1. ) Selecting and retaining counsel
  2. ) Planning a defense strategy with counsel
  3. ) What information is provided to counsel
  4. ) What plea to enter
  5. ) Whether or not to testify
  6. ) If convicted should they appeal
77
Q

A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law

A

Defense counsel

78
Q

When the defendants want to defend themselves, and file their own motions and appear without counsel

A

Pro Se defenses

79
Q

1.) Assigned counsel2.) Public defender3.) Contractual arrangementsAre 3 different…

A

Ways to obtain representation

80
Q

Eyewitness, character witness, or other person called on to testify who is not considered an expert

A

Lay witness

81
Q

What do lay witnesses provide?

A

Accurate testimony concerning only those things of which he or she has direct knowledge

82
Q

Requires that those who are just witnesses leave the courtroom to keep their testimonies pure

A

Invoking the rule

83
Q

Offer services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law

A

Victim assistance programs

84
Q

A statement read to the judge by the victim to convey how the crime impacted the victim personally for input

A

Impact statements

85
Q

-1215 Magna Carta- Article 3 of the US Constitution- 6th Amendment guarantees the right to trials by impartial jurt in the US

86
Q

A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law

87
Q

Grand juries wear…

88
Q

What are the grand juries 2 hats?

A

Investigative and charging

89
Q

Reason cases are not _____ in grand jury

90
Q
  • First contact with an officer of the court
  • Formal notice of charges
  • Advised of rights
  • Given opportunity to retain a lawyer or have one appointed & chance for bail w//o unnecessary delay
A

First appearance

91
Q

During first appearance a person is given an opportunity to….

A

Retain a lawyer or to have one appointed

92
Q

Promise to appear in court when required

A

Pretrial release

93
Q

A proceeding before a judicial officer in which 3 matters must be decided

A

Preliminary hearing

94
Q

Almost always conditions to…

A

Your release

95
Q

You will always have _____ with _____ in federal courts

A

Bonds

Condition

96
Q

First appearance before the court with authority to try the case

A

Arraignment

97
Q

What 2 purposes does an arraignment serve?

A
  1. ) Inform suspect of specific charges

2. ) Allow defendant to enter a plea

98
Q

What 3 pleas are there?

A
  1. ) Guilty
  2. ) Not guilty
  3. ) Nolo contendere
99
Q

True/FalseIn federal court charge must be issued in 30 days or it’s invalid

100
Q

No contest

A

Nolo Contendere

101
Q

Conditions of release =

102
Q
  1. ) Protecting the accused

2. ) Protecting society

A

Conditions of release

103
Q

Bail serves what 2 purposes

A

1.) Helps ensure reappearance of the accused in court2.) Prevents unconvicted persons from suffering imprisonment unnecessarily

104
Q

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear

105
Q

Defendants who pose a danger to the public may…

A

be detained until the time of their trial

106
Q

Limit the right to bail on certain kinds of offenders

A

Danger laws

107
Q

The process of negotiating an agreement among the defendant the prosecutor and the court as to an appropriate plea and associated sentence in a given case

A

Plea bargaining

108
Q

The main purpose of the criminal trial is…

A

To determine defendant’s innocence or guilt

109
Q

Trials are built around the _______ system

A

Adversarial

110
Q

The process in which both the prosecution and defense can use challenges to remove prospective jurors from the jury pool

A

Jury selection

111
Q

3 ways to remove prospective jurors

A
  1. ) Challenge to the array
  2. ) Challenge for cause
  3. ) Peremptory challenge
112
Q

Meant to break up any grid lock

A

Dynamite charge

113
Q

There was an ______ in spending monies for indigent defense during 1986-2008

114
Q

The application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject

A

Excessive force

115
Q

Which commission dealt with police corruption?

A

Knapp commission

116
Q

An advisement of rights usually administered by state or local investigators to their employees who may be the subject of an internal investigation

A

Garrity warnings

117
Q

Force likely to cause death or great bodily harm. “The intentional use of a firearm or other instrument resulting in a high probability”

A

Deadly force

118
Q

Hierarchy of police misconduct from lowest to highest (5)

A
  1. ) Gratuities
  2. ) Minor or small bribes
  3. ) Role malfeasance
  4. ) Property crimes
  5. ) Denial of civil rights
119
Q

What percentage of the people’s yearly contact with police is subject to some use of force by the police?

120
Q

Any police-initiated action that relies on the race, ethnicity or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being or having been engaged in criminal activity

A

Racial profiling

121
Q

How many high courts does Texas have?

122
Q

What 3 methods can defendants obtain defense counsel?

A
  1. ) Private attorneys (retained counsel)
  2. ) Court-appointed counsel
  3. ) Public defenders
123
Q

What 2 functions does the grand jury carry out?

A
  1. ) Investigative functions

2. ) Accusatory functions

124
Q

How many requests are there to the supreme court to hear cases a year?

125
Q

How many cases are usually heard a year by the supreme court?

126
Q

3 ways for a state judge to be elected?

A
  1. ) Popular election
  2. ) Gubernational appointment
  3. ) Missouri plan
127
Q

Directly proves a fact such as videotaped documentation

A

Direct evidence

128
Q

Indirect evidence which requires the judge or jury to make inferences and to draw conclusions

A

Circumstantial evidence

129
Q

Consists of physical material or traces of physical activity

A

Real evidence

130
Q

True/False

Community/restorative courts are common in Texas

131
Q

The US uses a _____ court system

132
Q

The dual court system includes what other 2 systems?

A
  1. ) Federal

2. ) State

133
Q

Pro Se Legal Representation

A

When the defendant decides to defend themselves

134
Q

3 levels of state court

A
  1. ) Trial courts
  2. ) Appellate courts
  3. ) State supreme court
135
Q

What 3 matters are determined in a preliminary hearing?

A
  1. ) Whether a crime was committed
  2. ) Whether the crime occurred within the territorial jurisdiction of the court
  3. ) Whether there are reasonable grounds to believe that the defendant committed the crim

Intro To Criminal Justice (8 decks)

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