Final Exam Flashcards
Crime
actions that violate laws defining which socially harmful behaviors will be subject to the governments power to impose punishments
Mala in se
crimes such as murder or assault that are traditionally considered to be “wrong in themselves”
Mala prohibita
crimes such as gambling or prostitution that are NOT “wrong in themselves” but are prohibited by law
Evidence based practices
policies developed through guidance from research studies that demonstrate which approaches are most useful and cost effective for advancing desired goals
System
a complex whole made up of interdependent parts whose actions are directed toward goals and influenced by the environment in which they function
exchange
the mutual transfer of resources among individual actors, each of whom has goals that he or she cannot accomplish alone
discretion
officials freedom to act according to their own judgment and conscience
Filtering
a screening process
Disparity
differnece between groups
Discrimination
differential treatment based on race, ethnicity, gender, sexual orientation or economic status
criminology
learning about criminal behavior, the nature of offenders and how crime can be prevented
Neoclassical criminology
rational choices, but differences among individuals
Life course theories
theories that identify factors affecting the start, duration, nature, and end of criminal behavior over the life of the offender
Integrated theories
theories that combine differing theoretical perspectives into a larger model
Legal responsibility
the accountability of an individual for a crime because of the perpetrators behavior and the circumstances of the illegal act
substantive criminal law
defines actions that may be punished by the government and specifies the punishments for each offense
Procedural criminal law
defines the procedures that must be followed by the criminal justice officials and specifies defendants rights
premeditated
more than a moment in point of time
mens rea
the state of mind that makes it appropriate to hold him or her responsible for the act
Bill of rights
first 10 amendments
entrapment
the defense that the individual was induced by the police to commit the criminal act
organized crimes
crimes that are committed by groups with a defined organizational structure and hierarchy
felony
serious crime, usually carrying a penalty of incarceration for more than one year
actus reus
for a crime to occur there must be an act of commission or omission by the accused
transnational crime
a crime that involves proft-seeking criminal activities that involve planning, execution, or victimization that crosses national borders
visible crime
the type of crime termed “street crime” or “ordinary crime” involving criminal acts that are the least protected
adjudication
the determination of whether or not a defendant is guilty
UCR
statistical summary of crimes reported to the police
due process model
model that emphasizes efficient processing of cases in order to repress crime
socialization
the process in which members learn the symbols, beliefs, and values of a group
law enforcement
police function of controlling crime by intervening in situations where the law has been violated
probably cause
reliable information indicating that it is more likely than not that a specific person is guilty of a crime
arrest
a significant deprivation of liberty, involving taking a person into custody, transporting them to a police station or jail, processing g them into the criminal justice system
the frankpledge
medieval English system i which groups of families agreed to uphold the law, keep order, and bring violators
subculture
symbols, beliefs, and attitudes shared by members of a subgroup within a large society
SRO
police officers assigned for duty i schools to assist in order maintenance while also developing positive relationships with students that may assist in delinquency prevention
Stop
a brief interference with a persons freedom of movement with a duration that can be measured in minutes
Affidavit
what police officers seeking a warrant present to a judge
Special populations
runaways and neglected children as well as people who suffer from homelessness, drug addiction, mental illness, or alcoholism, pose challenges for the police
inevitable discovery rule
evidence that would have been discovered without the need for a warrant can be admissible
order maintenance
the police function involving a broad mandate to prevent behavior that disturbs the peace or involves face to face conflict
Clearance rate
the percentage of crimes that police believe they have solved through an arrest
Specialized units
most mid to large departments will frequently have units such as vice, homicide, juvenile, and plainclothes officers
Consent
type of search allows officers to conduct a permissible warrantless search of a person, vehicle, home or location after receiving permission form the person in question
political era
historical era of policing involved close ties between police and local leaders of government
internal affairs
this is the unit of a police department that receives and investigates complaints alleging violation of rules and policies on the part of officers
exclusionary rule
according to this rule a suspect who during a frisk which is not justified by proper observation and reasonable suspicion is found to be carrying drugs or weapons can seek to have the evidence excluded
stop and frisk search
a “pat down” search
service
police officers who provide first aid, rescue animals or help the homeless
patrol
police function that includes the familiar sight of uniformed and armed officers on call 24 hours a day also called the backbone of police operations (counts for 2/3 of all sworn officers)
corruption
officer who participate in violations of law and departmental policy for personal gain
community crime prevention
the idea that crime control does not rest solely with t he police
plain view doctrine
doctrine permits officers to notice and use evidence items that are visible to them when they are in a location that they are permitted to be
unreasonable searches
the type of search are people protected from according to the 4th amendment
Adversarial process
lawyers for each side represent their clients bet interests in presenting evidence and arguments as a means to discover the truth and protect the rights of the defendant. Other countries use an inquistorial process
Jurisdiction
the geographic territory or legal boundaries within which control may be exercised; the range of the courts authority
norm enforcement
enforcing society’s rules, standards, and values peace and stability
dispute processing
resolving disagreements fairly and peacefully
policy making
interpretation of the constitution and laws defining rights
local legal culture
norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process
going rate
shared view of the appropriate sentence for the offense
work group
a network of roles of individuals who interact in the courtroom
arraignment
court appearance where charges are read, accused pleads guilty or not guilty
motions
if going to trial the judge hears pre-trial motions (including motion for release on bail)
bail
if a person is in preventive detention
prosecutor
the house counsel and the trial counsel for the police
partisan election
this type of election occurs when a judicial candidate is openly endorsed by a political party
intermediate sanctions
punishmens that fall somewhere between probation and prison
adversarial
the system which trials in the united states pit prosecutor against defense attorney
challenge for cause
an attorney may remove a prospective juror by showing that he or she has some bias or some other legal disability
peremptory challenge
judge may remove a prospective juror without giving a reason
witherspoon excludables
people whose opposition to the death penalty is so strong as to prevent or substantially impair the performance of their duty on a jury
Voir Dire
the process of screening out jurors that might be biased or other wise incapable of being fair
reasonable doubt
the standard used by a jury to decide if the prosecution has provided enough evidence for a conviction
defense attorney
the person who represents accused and convicted persons in the criminal justice system
bench trial
trials conducted by a judge who acts as fact finder and determines issues of law, with no jury
incapacitation
depriving an offender of the ability to commit crimes against society by detaining the offender in prison
specific deterrence
punishment designed to affect the future choice and behavior of an individual and targeted at an individual who has already been convicted
custodial model
security,discipline, order
rehabilitation model
programs to reform the offender
reintegration model
maintain the offenders ties to family and community
convict world
society divided along social, ethnic, and gang subgroups
inmate code
traditions,norms, and leadership structure, dictates behavior,ultra masculine world solidarity against staff
doing time
brief break in criminal career, avoid trouble
gleaning
take advantage of prison programs
jailing
cut themselves off from outside construct a life within the prison, seek power and influence
disorganized criminal
cannot adjust, used by others, develop emotional disorders, violate prison rules