Final Flashcards
Who created the crime control/due process model?
-Herbert Packer (1968) renowned sociologist
The crime control principle
The aim here is to ensure that suspects are processed as quickly and efficiently as possible
- Advocates of this approach distinguish between the innocent and guiltily at the pre-charge stage
- once a suspect is charged they can be processed on the basis of an informal presumption of guilt
- Guilty pleas are preferred over lengthy legalistic procedures
- Extensive police powers
- Limited rights for suspects
- emphasis on pre-trial processes seen as vital to To the effective functioning of the system
- Suppression of crime is the overriding aim of the criminal justice system
- Cases need to be disposed of quickly and efficiently even if this means ignoring suspects rights
- emphases is on Pre-trial processes and encourages guilty pleasure
- Authority of the criminal justice system derives from the legislature
- The danger lies in the extent to which this favoring of crime control undermines the rule of law and thus potentially the legitimacy of law enforcement and the criminal justice system in society;(Skolnick 1994)
What is reasonable suspicion?
Evidentiary standard of a lesser degree than probable cause, necessary for frisked in which facts lend an officer to reasonably believe that a person is carrying weapons
What is probable cause?
Evidentiary standard necessary for arrests and searches in which facts of a case lead a reasonable person to believe that an offense was committed and that the suspect committed that offense
Fruit of the poisonous tree
- this was establish in Wong Sun v United States
- any later evidence resulting from illegal search and seizure will be inadmissable under the excusionary ruke
The good faith exception
- Establishes that if officers believe in good faith that their actions are authorized by warrants that turn out to be defective the evidence should still be admissible
Inevitable discovery
Evidence obtained illegally can be admitted if the police legally found it anyway
The broken window theory
- Suggests that for policing to have a lasting effect on serious crime in a neighborhood lower level quality of life need to be addressed to restore a sense of community in an area
Henry Fielding
—was a London magistrate was giving permission to found a group of Organized law enforcement agency this was known as the bow Street runners these men were given a task of apprehending criminals and recovering stolen goods within London
Bow Street Runners
- Under the guidance of Henry Fielding the bow street runners were a predecessor of the professional the police detective functions, charged with investigating larcenies and returning stolen property in a very high crime district of the nineteenth century London
Broken Window
- The recognition that even low level misdemeanors or quality of life offenses can breed of foster more serious crimes in a community through their ability to attract more criminally minded individuals and drive out more law abiding residents and businesses
August Vollmer
Known as the father of police professionals
O.W Wilson
studying police patrols and showed that they’re just as efficient and effects two person cars
James Q. Wilson (1978)
To re-examine existing ideas about the police function to develop new theories about how police organizations work
The watchman style
-Focuses in policing as order maintenance few policies and procedures and individual approaches to problems
The Political Era
The political era, which is generally associated with a time prior to the 20th century, refers to a period when the police was under the control of politicians through spoils systems
The reform era
The professional/reform era makes references to a period in which the police addressed the issue of crime using technological tools, such as sophisticated emergency response systems.
Community era
community problems were not perceived to be a part of the police’s responsibilities during this period. The third era, the era of community policing, aimed to address crime as well as other community problems that may …
styles of polcing
The most widely cited study on police departmental styles was conducted by James Q. Wilson (1968). He found three distinct departmental styles: watchman, legalistic, and service.
The watchman style
is based mostly on order maintenance. With this style, police officers judge the seriousness of violations by examining the immediate and personal consequences of the offense rather than the legal status of the offense. A watchman style department focuses its law enforcement activities on keeping the peace in the community. A police officer in a watchman department typically has the most discretion.
The legalistic style
, legalistic style departments have one standard: strict enforcement of the law. This type of department produces large numbers of arrests and traffic citations. Most calls for service are resolved in a formal manner in which an arrest or a formal complaint is made.
The service style
the service style department, prioritizes all requests for assistance without differentiating between order maintenance or law enforcement functions. Police officers in these departments are not likely to make an arrest unless the situation renders it absolutely necessary.
Larceny Act Jamaica Part 1 (3)(i)
a person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away any- thing capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof:
Larceny Act Jamaica Part 1 (6)(i)
Every person who steals any cattle shall be guilty of felony, and on conviction thereof liable to imprisonment with hard labour for any term not exceeding seven years.
What is praedial larcent
theft of growing crops
What is burgulary
Legal Definition Burglary is the criminal offense of breaking and entering any dwelling or building illegally with the intent to commit a felony or crime. Under common law in order to constitute the offense the illegal entry should be into the dwelling of another at night
What is house breakin
The act of using physical force to gain access to, and entering, a house with an intent to commit a felony inside.In most states, housebreaking that occurs at night constitutes the crime of Burglary. Some statutes expand the definition of housebreaking to include breaking out of a house after entry has been achieved without the use of physical force
Rape legal definition
A man commits the offence of rape if he has sexual intercourse with a woman– (a) without the woman’s consent; and (b) knowing that the woman does not consent to sexual intercourse or recklessly not caring whether the woman consents or not.
What is the first amendement
-freedom of press,religion, speech
What is the second amendment
- Right to bear arms
What is the fourth amendement
-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
Amendment 6
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
What are the elements of crime
- Mens Rea
- Actus Rea
- Causation
- Concurrence
- Corpus Delecti
Corpus Delecti
Substance of a crime that the prosecutor must prove and that consists of an injury or loss (as death of a victim or disappearance of property) and the criminal act
Preponderance of the evidence
the greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.
Plain view doctrine
if a crime is committed within the presence of an officer he may arrest them without a warrant
The code of hammurambi
2200 BC made law enforcement more consistent and gave punishments for crime
Who created vigils
Emporer Augustus
Henry Fielding
created bow street runners (1784)
Sir Rober Peel
London Metropolitan Force (1829)
Wickersham commission
Handles rise of crime in the 1920s
J. Edgar Hoover
created the FBI
What are the four basic elements of the social bonding theory
human nature has 4 basic eleemenrs Attatchment Comitment involvemennt conventional
versus
belief and common value system
What year was the act to form the permanent force formed
1832
The earliest record of the officer of the constable in JAmaica was found
1671
The JCF was organized in what year
1867
In what year was the efficiency of the organized force put to the test
1938
Morant bay rebellion YEAR
1865
civil judicial summons YEAR
1716
women police YEAR
1947
Henry frielding appointed magistrate in
1748
inspectors took instructions people being paid from government public fund
1856
members from dominions were imported to establish the force
1671
Unity of command
every employee reports to an immediate supervisor
placed in charge of shired
shire reeve
military to protect Emporer Augustus
praetorian guard
The beat system
created by Robert peel officers were assigned relatively small posts
A form of community self-protection developed by king Alfred
mutual pledge
Police were nicknamed
bobbies and peelers after Robert peel
Arraignment
the offender is brought in front of the judge and formal charges are read
