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criminal and civil justice > final > Flashcards

final Flashcards

11-13

1
Q

law enforcement agencies numbers

A

18,000 total

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2
Q

largest police department

A

new york city w/ 34,000

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3
Q

how many police departments have 10 or fewer officers

A

55%

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4
Q

duties of the sheriff department

A

respond to calls for service outside of city limits

  • maintain county jail
  • keeping order in the courthouse
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5
Q

which is the most visible state law enforcement agency

A

state police and highway patrols

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6
Q

Historically why were state police agencies created

A
  • to assist local police agencies
  • to investigate criminal activities that crossed jurisdictional boundaries
  • to provide law enforcement in rural and other areas that did not have local or county police agencies
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7
Q

T/F? every county in the US has a sheriff (except Alaska)

A

true

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8
Q

how are county law enforcement elected

A

usually by voters

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9
Q

who runs the municipal law enforcement

A

police chief or commissioner hired by a city council or mayor

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10
Q

how many sheriff departments

A

3,067

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11
Q

how many police departments

A

13,000

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12
Q

how many special police agencies

A

1,481

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13
Q

how many state police departments

A

49 (Hawaii is the exception)

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14
Q

how many federal law enforcement agencies

A

70

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15
Q

what was the first state police

A

texas rangers

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16
Q

federal LE agencies

A

authorized to enforce specific laws or attend to specific situations
-small percentage of nations LE in numbers but have substantial influence

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17
Q

DHS - department of homeland security

A

-was the most far reaching reorganization of the federal government since world war II

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18
Q

FBI -federal bureau of investigation

A
  • one of the primary investigative agencies in the United States
  • has jurisdiction over nearly 200 federal crimes including kidnapping, extortion, numerous white collar crimes, and bank robbery
  • the FBI has the largest crime lab in the world
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19
Q

ethics

A

the application of a set of moral thoughts and ideas to determine the right thing to do

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20
Q

T/F? An action can be legal, but unethical

A

true

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21
Q

corruption by the police

A

involves an act that misuses authority, often for personal gain (that personal gain doesn’t always have to be financial)

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22
Q

gratuity (corruption)

A
  • a benefit the officer receives simply because he is a police officer
  • usually involves some type of financial discount or something tangible which would not be given to the general public
  • examples include free meals, reduced cost for services
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23
Q

professional courtesy (corruption)

A
  • occurs when an officer provides a courtesy or special treatment to another law enforcement officer
  • this may sometimes extends to friends and family of the officer and others
  • example is not writing a speeding ticket for another officer when stopped while off duty
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24
Q

misses of authority (corruption)

A
  • occurs when an officer uses his position for some sort of personal gain
  • distinguished from just passively accepting a gratuity or bribe
  • the officer actively solicits a personal gain due to his position
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25
Q

the Dirty Harry problem (corruption)

A
  • this occurs when unethical or illegal means are used by police in dealing with criminals or suspects
  • example: using corrective means to extract a confession
  • the end result is good, but the means to achieve that end are unethical or illegal
  • officers may justify their unethical behavior because the criminal was caught
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26
Q

adjudication

A

the formal process for resolving legal disputes in courts of law
-involves disposing of the case in some manner, be it trial dismissal, plea bargain, etc

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27
Q

jurisdiction

A

refers to the authority given to a court to hear and adducted a particular dispute

  • not all courts can hear every type of case
  • in order to properly adpjucate a case , the court must have jurisdiction
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28
Q

geographic jurisdiction

A

the incident must have taken place within the geographic boundaries of the court
-usually county lines, state lines, or federal district lines

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29
Q

subject matter jurisdiction

A

some courts may have limited subject matter jurisdiction

-example: they may only have authority to hear misdemeanor cases, or only civil cases

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30
Q

dual court system

A

means there are both federal and state courts

-both federal and state courts have limited jurisdiction

31
Q

federal courts enforce

A

federal statutes

32
Q

state courts enforce

A

state statutes

33
Q

can crimes be both a violation of federal and state law

A

yes

34
Q

lower courts or courts of limited jurisdiction

A
  • magistrate court

- specialty courts

35
Q

three tiered model

A

US district court - the primary courts in the federal court system (95 of them across the US)
US court of appeals- intermediate level appellate courts (13 US circuit courts of appeals)
US Supreme Court

36
Q

what are the primary courts in the federal court system

A

us district court

37
Q

what is the highest court in the US

A

United States supreme court

38
Q

in the us Supreme Court how many judges are there and who are the led by

A

9 justices led by the Chief Justice

39
Q

cases are selected through writ of certiorari, issued by the rule of four

A
  • this means that at least 4 of the 9 justices must agree to hear the case
  • Supreme Court hears less than 10% of the cases seeking to be heard
  • no absolute right to have the Supreme Court hear a case
40
Q

how does the Supreme Court make a decision

A
  • does not normally hear any evidence
  • based on the written record, written arguments, and occasionally oral arguments
  • justices decide each case in conference, and then the senior justice on the majority side decides which justice will write the opinion (concurring or dissenting opinions)
41
Q

federal judges (selection)

A

nominated by the president, confirmed by the senate

-appointed to judgeship for life but can be impeached for treason, bribers or other high crimes and misdemeanors

42
Q

state court judges (selection)

A

usually a term of years, appointment, election (partisan and nonpartisan elections), merit selections (the Missouri plan which is appointment and retention election)

43
Q

primary actors in the courtroom

A

judges, prosecutors, defense attorneys

44
Q

prosecutors

A
  • usually elected
  • chief prosecutors often have numerous assistant prosecutors
  • great deal of discretion in deciding which cases to prosecute
  • priority should be making sure justice is done, NOT necessarily gaining a conviction
45
Q

defense attorneys

A
  • provides legal representation to criminal defendants during the court process
  • priority should be making sure the rights of the defendants are protected
  • represent defendant to the best of ability within the bounds of law
46
Q

private attorneys

A

hired and paid for by the defendant

47
Q

public defenders

A

provided by state, county, etc to represent indigent defendants, various systems for appointing attorneys for indigents

48
Q

attorney-client privilege

A
  • communication between defense attorneys and their clients must be kept confidential unless the client consent to disclosure
  • this privilege extends to criminal confessions
49
Q

exceptions to attorney-client privilege

A

defendant threatens someone and has capability of carrying out threat

50
Q

jury selection (criminal trial)

A
  • goal is to select fair and impartial jurors

- group of potential jurors called the venire is assembled in courtroom

51
Q

voir dire (criminal trial jury selection)

A

“to speak the truth”

-jurors are questioned by the attorneys about their backgrounds, knowledge of persons involved in case, attitudes about certain issues

52
Q

challenges to jurors (criminal trial jury selection)

A

each side has an opportunity to attempt to remove a juror through a challenge
-challenge for cause or peremptory challenge

53
Q

challenge for cause(criminal trial jury selection)

A

through questioning the juror has revealed that he/she cannot be a fair and impartial juror
-judge decides if juror ssjpuld be removed

54
Q

peremptory challenge (criminal trial jury selection)

A

each side has a set number of challenges that can be used to exclude a juror for any reason

  • cannot be based on race or sex
  • important strategy tool for attorneys
55
Q

purpose of opening statements

A

to advise the jury of what the attorney intends to prove

  • a road map to guide jurors through the case
  • prosecutor goes first, then defense attorney
  • not an argument of the facts of the case but rather states the themes of the case
56
Q

prosecutor Case-in-chief

A

the part of the trial in which the prosecutor tries to prove the defendant’s guilt by presenting evidence
-prosecutor has burden of proof

57
Q

who are the most visible mechanism of formal social control in our society

A

the police - they are required to maintain order under the rule of the law

58
Q

metropolitan police act of 1829

A
  • established first modern police force
  • London, England
  • created by Sir Robert ‘Bobbie’ Peel
  • before this no police force, military was called in when lawbreaking got out of hand
59
Q

colonial time police

A
  • mirrored the English system
  • led by citizens-constables and night watchmen
  • the governor of each colony hired a sheriff of each county to oversee the formal aspects of law enforcement
60
Q

19th century police departments

A

in 1838, Boston becomes the first city with a police department
in 1844, New York sets the foundation for the modern police department

61
Q

police departments (1830-1900)

A

dominated by the patronage system

62
Q

patronage system

A
  • also known as the spoils system
  • political party in power hired and promoted police officers and received job-related favors in return
  • widespread bribery and other corruption
  • police loyalty was to politicians, not the law or citizens
63
Q

policing in the 1930s-1970s

A

direct response to corruption of earlier era

  • august vollmer and O. Willson
  • vollmer was known as the father of modern police administration
  • they developed the professional model
64
Q

professional model of policing

A

centralized use of technology

  • increased use of technology
  • limitation of police discretion through regulations and guidelines
  • crime control, prevention and offender apprehension
65
Q

watchmen style

A

passive and reactive

  • keep the peace and not make any waves
  • often use informal intervention to resolve problems instead of formal legal authority
  • likely to ignore many infractions, especially minor ones
66
Q

legalistic style

A

enforcement of the law with full force in every case
-success is measured by the number of arrests, traffic citations, etc
-very little discretion excised
enforce the law without consideration of individual circumstances
-opposite of watchman style

67
Q

service style

A
  • the middle ground between watchman and legalistic
  • consistent with community era of policing
  • like watchman, view arrest as last resort and try to use informal methods to solve problems
  • unlike watchman are actively engaged in building social bonds and are involved In community service projects to make the community a safe and pleasant place
68
Q

defense case-in-chief

A
  • the part of the trial where the defense may call witness and present evidence
  • defendant testifies
69
Q

rebuttal

A

after the defendant rests, state may present rebuttal evidence

  • purpose is to discredit the testimony of defense witness
  • this is the last evidence presented
70
Q

closing arguments

A

allows each side to sum up the facts in its favor and argue to the jury why a verdict in their favor is warranted

  • done after both sides have rested
  • prosecutor goes first, then defense, then prosecutor has the final argument
71
Q

jury deliberations

A

jurors retire to the jury room to consider the evidence and decide a verdict
-usually reach a verdict

72
Q

the verdict

A

is a formal decision made by the jury

  • guilty or not guilty
  • most states require a unanimous verdict
73
Q

appeals

A
  • an appeal is the process of seeking a higher court’s review of a lower courts decision
  • defendant has one automatic right to appeal an unfavorable verdict
74
Q

common points of appeal

A

judge wrongfully included/excluded evidence

judge applied the wring law

criminal and civil justice (2 decks)

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