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criminal justice 100 > final > Flashcards

final Flashcards

1
Q

ex parte crouse

A

In Ex parte Crouse (1838), the Pennsylvania Supreme Court, expanded the
doctrine of parens patriae to include the states right to remove children from
homes in which the parents were unable to supervise them properly.

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2
Q

parens patriae

A

the best interests of the child
- gives the state the power to act as the child’s parent

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3
Q

Juvenile Dependency Court:

A

Juveniles are declared dependents of the court (social services will monitor those cases).

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4
Q

juvenile delinquency court

A

Juveniles are adjudicated and declared wards of
the court (probation departments will
monitor those youth).

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5
Q

California is the only state to not for juveniles

A

youth 15 and under can not be transferred to adult courts

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6
Q

judicial wavier

A

Hearing is held to determine whether the youth should remain in juvenile court, or if the case
should be transferred to adult criminal
court for processing.

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7
Q

direct file

A

DA files a juvenile case
directly in adult criminal court.

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8
Q

the number of youth in custody

A

declines by 50% since 2006

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9
Q

super predator theory

A
  • Experts, politicians and educators wrote and predicted that there was now a new generation of young, cold-blooded street criminals that threatened society. A professor from Princeton
    University predicted, in 1996, that there would be an increase of 270,000 juvenile predators on
    the street by 2010

-1992 to 1999: legislatures in 48 states revised/rewrote transfer laws by lowering age and offense thresholds making it easier to send juvenile delinquents to adult court, and thus trying them as adults which brings about longer sentences.

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10
Q

juvenile justice due process

A
  • Juvenile court proceedings are not open to the public. Victims may attend the hearing, as may
    the parents of the juvenile. There is always a probation officer present in a juvenile court
    hearing.
  • Juvenile’s get the same due process rights as adult defendants, however, juveniles do not get
    the right to a trial by jury (except if their case has been transferred to adult court), additionally
    there is no bail systemin juvenile court.
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11
Q

adjudication

A

the juvenile court hearing where the court decides whether a juvenile has
committed a criminal act.

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12
Q

in re Winship

A
  • The Supreme Court held that the burden of proof for juvenile adjudication hearings must be the same burden of proof as required in the adult criminal courts, which is beyond a reasonable doubt.
  • 12 year old Samuel arrested and charged with stealing 112.00 from victims purse, during court proceeding, prosecuting attorney was not able to prove Samuels guilt beyond a reasonable doubt, nonetheless he was adjudged of form the crime of larceny
  • Prior to this Court decision the burden of proof required in the juvenile courts was that of the
    lower standard, by a preponderance of the evidence.
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13
Q

what are the juvenile sentencing options?

A
  • Dispositional Hearing -Youth may be placed on informal
    probation (654/725 WIC)-
  • Youth may be placed on formal probation (602 WIC) with
    standard terms and conditions of probation (or specialized
    conditions, such as gang terms, sex offender terms).
  • Youth may be ordered to complete a custody commitment
    or Juvenile Court Work Program
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14
Q

in re gault

A

The Supreme Court held that the Due Process Clause of the Fourteenth Amendment applied
equally to juvenile offenders as well as to adult offenders
- 15 year old Gerald Gault made obscene phone call to one of his neighbors. already on probation. Take into police custody and placed in children detentions home. mother was NEVER notified nor formal charges against him. Supreme Court overthrew his 6 years due to due cross being violated

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15
Q

kent v United States

A

The U.S. Supreme court held that: juveniles must be given a hearing prior to the juvenile court transferring their jurisdiction to the adult court.
- kent arrested for breaking into the apartment o a female and raping her. stole the wallet and fingerprints found at the scene. came clean about the rape however was not given the proper courting according to due process

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16
Q

policing: myths and misconceptions

A
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17
Q

policing

A

The maintenance of law and order by a police force which includes the investigation of crime, apprehending of offenders and crime prevention

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18
Q

myths and realities of policing

A

crime fighting:
Myth: Police officers spend most of their time involved in crime-fighting activities.

Reality: Police work is more about maintaining a preferred social order.

  • mundane tasks: patrol officers do a lot of “routine tasks” such as writing reports, directing traffic, citations, disputes, etc
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19
Q

fifth amendment

A
  • No person shall be compelled in any criminal case to be witness against himself, nor deprived of life, liberty or property without due process of law
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20
Q

what are policing organizations focus?

A
  1. Reducing the number of “serious” crime.
  2. Clearance rates (arrests, crime solving)
  3. Response times
  4. Quantitative measures (number of arrests, citations, and searches).
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21
Q

miranda v arizona

A
  • Informs individuals under arrest that the 5th
    Amendment provides protections against self-
    incrimination during an interrogation by law
    enforcement officers that involves both directed
    questions and conversations with the accused
    that could elicit incriminating statements.

▪ Spontaneous statements from the
suspect/defendant do not require a Miranda
Advisement

-Ernesto Miranda: interrogated for two hours with written and oral confession

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22
Q

what are the types of force used by the police

A

VERBAL

PHYSICAL: PHYSICAL RESTRAINT TECHNIQUES,
BODILY FORCE, TAKE DOWNS

CHEMICAL: PEPPER SPRAY, MACE, TEAR GAS
ELECTRONIC: TASERS

IMPACT: BATONS AND OTHER IMPLEMENTS USED TO DELIVER FORCE

FIRARMS: LETHAL FORCE.

THERE IS NO MANDATED ORDER ON WHICH
“TYPE” OF FORCE AN OFFICER MUST USE FIRST

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23
Q

use of force excessive and reasonable

A

(excessive)
- Using force greater than is necessary to compel compliance from a willing or unwilling subject.
* Tennessee v. Garner (1985): Held that deadly force may be used to prevent the escape of a known offender if the officer’s life or the lives of others around him or her are at imminent risk.

(reasonable)
- An officer must use his/her discretion in determining
what level of force they believe is “reasonable” to stop the threat

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24
Q

policing: stressors of the job

A

Training: always and constantly emphasis policing as physically demanding, dangerous and stress full.

Additional stressors: Exposure to chemical hazards. Higher rates of cancer and
cardiovascular disease.

Feelings of being underappreciated. Hated by society.

  • occupational stress: poor management, inadequate/ broken equipment, excessive overtime, rotating shifts, regular change of duty
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25
Q

myth and reality of equal justice

A
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26
Q

Gideon v Wainwright

A
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27
Q

sixth amendment

A
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28
Q

role of law in society

A
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29
Q

relationship between the court and the media

A
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30
Q

how does relationship within court and media affect perception of crime?

A
31
Q

five primary goals in sentencing

A

retribution
incapacitation
deterrence
rehabilitation
restoration

32
Q

myths and realities of punishment

A
33
Q

issues and trends in corrections

A
34
Q

difference between community corrections and institutional corrections

A
35
Q

PREA?
what is it ?
what changes has it brought?

A
  • Prison Rape Elimination Act of 2003: Requires prisons/jails (adult and juvenile) and community corrections to implement changes to reduce sexual violence in custody (between inmates
    and between inmates and staff).
  • Requires the reporting of incidences of rape/sexual assault.
  • changes that came with PREA
    : shower curtains being raised, ongoing raining on cross gender announcements, clothing exchange policy for transgender inmates
36
Q

contraband within America’s prisons and jails

A
  • contraband pones become a problem in the prison setting: can be an issue due to the connects to the outside world
  • what happens?
    inmate penalties (up to 90 days loss of goof time credit)
    -staff: fine up to 5000 per device
  • u to 6 months in jail
37
Q

what is the eighth amendment?

A
  • Excessive bail shall not be
    required, nor excessive fines
    imposed, nor cruel and unusual
    punishment
38
Q

Brown v. Plata : courts ruling on this case and what brought this case about

A
  • the Supreme Court of the United States held that a court-mandated population limit was necessary to remedy a violation of prisoners’ Eighth Amendment constitutional right
39
Q

search and seizure

A
40
Q

Tennesse v. Garner

A
  • the court held that when a police officer is pursuing a fleeing suspect, he or she may
    NOT use deadly force to prevent escape “unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.”
41
Q

Graham v Conner

A
  • “objectively reasonable standard”
  • use of forces cases
  • when it held that “the ‘reasonableness’ of a particular use of force must be
    judged from the perspective of a reasonable officer on the scene, rather than with the 20/20
    vision of hindsight.”
42
Q

what are the purposes of punishment?

A
43
Q

how does the eighth amendment apply to corrections?

A
  • eighth amendment allows for corrections to file unstable conditions if necessary (Governor Brown ex) due to overcrowding(they won)
  • allows for the prisoner to not be relocated
44
Q

prisons

A
  • prisons felonies only
  • most offenders have been convicted of serious and often violent offenses
  • more beds available
  • state prisons(houses offenders convicted of state criminal law violations
  • private prisons (sent here when space is not available in fed or state)
  • federal ( houses offenders convicted of federal crimes
  • military prisons ( houses offenders convicted of a crime while member of the armed forces)
45
Q

what is the difference between jails and prisons

A
  • jails: local community institutions
  • jails have been existence longer than prison
  • jails can hold juveniles awaiting trial
  • jails hold ppl awaiting trial or searching a sentence o less than a year
  • 70% felonies, 25% misdemeanors, 4% others
46
Q

who controls the intermediate sanctions( community corrections?

A
  • The judiciary, probation departments, or correctional
    departments. All of these agencies might also collaborate with
    other entities in administering intermediate sanctions, such as
    day reporting centers run by private organizations.
  • Fines, fees, restitution, community service, forfeiture, restitution
    centers (CA closed their restitution centers in 2009), home
    confinement,
47
Q

continuum of sanctions and how that I applied in community corrections

A
  • continuum of sanctions comes down to low control and high
  • low: fines or restitution, community service, drug, alcohol, treatment, probation, home confinement
  • high: intensive probation supervision, boot camp , shock incarceration, jail
48
Q

myth and reality of a lenient CJ system

A
49
Q

deterrence and the effects of punishment

A
50
Q

reasons for the decline in the use of corrections in the United States

A
51
Q

what does life without parole mean?
what are the other avenues for an inmate to pursue in order to get out of prison before they die?

A
52
Q

what is the presidential power over life without parole ?

A
53
Q

what is the state governors power over life without parole?

A
54
Q

Capital Punishment and Merging Myths

A
55
Q

How a death sentence comes abou

A
56
Q

The deterrent effect of death sentence

A
57
Q

acceptable means used to enforce the death penalty

A
58
Q

does race plays a factor in death sentence

A
59
Q

The use and history of “the last meal” for death row inmates

A
60
Q

how do wrongful convictions happen and what is the remedy?

A
61
Q

sticklund v Washington (1984): two pronged test

A
62
Q

Digital Forensics and GPS technology

A
63
Q

What is digital forensic

A
64
Q

Digital Footprint

A
65
Q

Delete Function

A
66
Q

deleted data
how does it hep and hinder law enforcement?

A
67
Q

How GPS technology works, its effectiveness and its purposes

A
68
Q

telephone technology and how it it connects to the fourth amendment

A
69
Q

Moral Panics and crime
perception

A
70
Q

what are the juvenile sentencing options?

A
  • Dispositional Hearing -Youth may be placed on informal
    probation (654/725 WIC)-
  • Youth may be placed on formal probation (602 WIC) with
    standard terms and conditions of probation (or specialized
    conditions, such as gang terms, sex offender terms).
  • Youth may be ordered to complete a custody commitment
    or Juvenile Court Work Program
71
Q

what are policing organizations focus?

A
  1. Reducing the number of “serious” crime.
  2. Clearance rates (arrests, crime solving)
  3. Response times
  4. Quantitative measures (number of arrests, citations, and searches).
72
Q

search and seizure

A
73
Q

Terry v Ohio

A

search and seizure
- If a police officer has a “reasonable suspicion” based on specific articulable facts that a person or persons has committed, is committing, or is about to commit a crime and
- “may be armed and presently dangerous,” police may stop them and perform a surface search – a frisk or pat-down.
- does not violate fourth amendment

74
Q

who controls the intermediate sanctions( community corrections?

A
  • The judiciary, probation departments, or correctional
    departments. All of these agencies might also collaborate with
    other entities in administering intermediate sanctions, such as
    day reporting centers run by private organizations.
  • Fines, fees, restitution, community service, forfeiture, restitution
    centers (CA closed their restitution centers in 2009), home
    confinement,

criminal justice 100 (3 decks)

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