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CRIM1019 > Final Exam Flashcards > Flashcards

Final Exam Flashcards

1
Q

Control model

A

Model of CJS that assumes freedom is so important that every effort must be made to repress crime; it emphasises efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders - conveyor belt

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2
Q

Due process model

A

CJS perspective that emphasises individual rights at all stages of CJS processing - obstacle course

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3
Q

Actuarial justice

A

Model of crime control focusing on response to risk and management of crime prevention. emphasis on risk assessment tools, calculability, and the identification and management of risk (McJustice)

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4
Q

crime

A

intentional behaviour in breach of legally prescribed rules, without justification, and subject to defined penalties

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5
Q

summary offence

A

less serious or minor criminal offence, usually dealt with in the local court by Magistrate

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6
Q

indictable offence

A

more severe offences that are heard and sentenced by a judge in a District Court or tried before a judge and jury

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7
Q

duress, provocation, insanity, intoxication, and self defence

A

the 5 justifications of criminal offences

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8
Q

complicity

A

state of being involved with others in an illegal activity or wrongdoing

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9
Q

conspiracy

A

secret plan by a group to do something illegal

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10
Q

vagrancy

A

state of wandering from place to place

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11
Q

victim impact statement

A

statement from victim, describing the effect of the offence on his or her life, used by a judge as a factor in sentencing an accused

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12
Q

restorative justice

A

punishment designed to repair the damage done to the victim and community by an offender’s criminal act

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13
Q

double jeopardy

A

being tried twice for same crime

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14
Q

reactive policing

A

policing strategy which involves responding to criminal activity and problems after they have taken place

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15
Q

proactive policing

A

policing strategy in which patrol officers take initiative against crime instead of waiting for criminal acts to occur

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16
Q

Chan

A

said there was being cynical and suspicious, a sense of mission about police work, an orientation toward action, and strong solidarity

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17
Q

Fitzgerald inquiry

A

ran in late 1980s in Qld to investigate corruption in Qld politics and QOS. uncovered ongoing networks of corruption amongst some police officers and politicians in Qld

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18
Q

official misconduct

A

policing conduct that could, if proved, be a criminal offence or disciplinary breach providing reasonable grounds for dismissal

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19
Q

police misconduct

A

police officer activities which are inconsistent with the officer’s legal authority, organisational authority, and standards of ethical conduct

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20
Q

Crime and Misconduct Commission

A

independent body which investigates corruption by public officials in Qld, conducts criminological research, and carries out an intelligence role in relation to organised crime in Qld - established by Fitzgerald inquiry

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21
Q

Skolnick

A

introduced idea of ‘symbolic assailant’

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22
Q

symbolic assailant

A

gestures, languages, and attires that police have come to recognise as a prelude to violence

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23
Q

Minneapolis Domestic Violence Experiment

A

experimental study of various interventions in domestic violence (arrest, separation, mediation). found that police arrest leads to lower subsequent domestic violence. as result, mandatory arrest was introduced

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24
Q

Sherman

A

conducted Minneapolis Domestic Violence Experiment

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25
Q

political, reform, community, uncertainty

A

four eras of policing

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26
Q

preventative patrol

A

proactive policing strategy which involves conducting property checks, questioning suspicious persons, varying patrol patterns, and maintaining high visibility

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27
Q

Kansas City Preventative Patrol experiment

A

Study of police patrols. found that increasing frequency of patrols had no impact, and patrol officers are not necessary and so should therefore decrease number of police

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28
Q

Minneapolis Hotspot Experiment

A

Study finding that it isn’t enough for police just to drive through a hotspot (too chaotic, people don’t have the chance to see the police): need about 12 minutes at hotspot to be effective. substantial increases in police presence needed for deterrent effect

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29
Q

broken windows thesis

A

holds perspective that physical deterioration of area leads to higher crime rates and increased concern for personal safety among residents

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30
Q

Wilson and kelling

A

suggested broken windows thesis

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31
Q

problem-oriented policing

A

approach to policing in which officers routinely seek to identify, analyse, and respond to the circumstances underlying the incidents that prompt citizens to call the police. similar to proactive or preventative policing.

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32
Q

zero-tolerance policing

A

an approach to policing which involves taking a tough approach on low-level crime

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33
Q

third party policing

A

an approach to policing which involves pressuring - not the police directly causing problems, but the people who have control over the locations in which a problem is occurring. these people may include tavern and store owners, the owners of rental houses and apartments, as well as the parents and guardians of juveniles

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34
Q

pulling levers

A

approach to policing where police strictly enforce any and all codes and regulations, in attempt to change the behaviour of target group

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35
Q

operation ceasefire

A

initiative to reduce gun violence by youths and gangs. originally started in boston

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36
Q

adversarial model

A

dispute-resolution system in which prosecution and defence present opposing sides of the story

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37
Q

police bail

A

bail process in which police allow accused to go free, but they must attend magistrates’ court on certain date. bail can also hold some conditions. legislative creation in Australia (Bail Act 1980 Qld), with the same criteria as court bail

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38
Q

summary prosecutions

A

prosecutors are full time members of police force, used in lower courts

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39
Q

Westminster

A

political arrangement involving the separation of powers: prosecution and court are separate, and politicians cannot influence either party’s decisions

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40
Q

plea bargaining

A

similar to charge bargaining except that the court is involved

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41
Q

charge bargaining

A

negotiation in which D agrees to enter guilty plea of lesser charge and P agrees to drop a more serious charge. court not involved

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42
Q

courtroom workgroup

A

research on close working relationship between D and P. found there is bias towards processing cases rather than dispensing justice. found a desire to maintain healthy working relationship, lower level of proceedings most effected.

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43
Q

committal hearing

A

hearing held in local court to determine if enough evidence to gain conviction

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44
Q

Lievore

A

looked at prosecutorial decisions in adult sexual assault cases. suggested victim preference has significant part in determining whether case continues

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45
Q

alibi

A

defence by accused purporting to show they could not have committed crime in question. in Australia, D must notify P pre-trial if this is to be used

46
Q

Jacob and Eisenstein

A

developed idea of courtroom workshop

47
Q

trial by ordeal

A

primitive method of determining person’s guilt or innocence by subjecting accused to dangerous or painful tests believed to be under divine control

48
Q

feudal model

A

primitive CJ model which focused on rule of monarch, inequality before the law, and presumption of guilt

49
Q

hybrid offence

A

criminal offence that may be tried, at the crown’s option, as a summary o indictable offence, with the corresponding less or more severe punishment

50
Q

inquisitorial model

A

legal system where court or part of court is actively involved in investigating facts of the case

51
Q

police prosecutor

A

normally in charge of prosecution in lower courts

52
Q

problem solving court

A

court service that attempts to change future behaviour of offenders and promote welfare of community. comes under umbrella of restorative justice

53
Q

jurisprudence

A

philosophy of law

54
Q

martinson

A

said no rehabilitation works

55
Q

wexlier and winick

A

suggested therapeudic justice is an option that promotes well-being for all. suggested law can operate as a ‘therapist’, improving the situation for offenders, victims, and the community. reanalysis of martinson’s work

56
Q

pre-sentence report

A

report prepared for court prior to sentencing of accused which sets out accused’s background. provided by a probation officer

57
Q

beccaria

A

introduced utilitarian punishment

58
Q

retributive punishment

A

based on eye-for-eye justice in which goal is to avenge prior evil deed rather than prevent future ones

59
Q

just deserts

A

sentencing principle that holds criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of crime committed

60
Q

proportionality

A

sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of crime committed

61
Q

back to justice movement

A

emerged in Australian in 1970s, shift away from emphasis on welfare needs of youth, toward formal justice, due process and greater procedural protections. emphasis on accountability and due process, and introduction of ‘determinate sentencing’

62
Q

mandatory sentencing

A

model of criminal punishment in which offender is given fixed term

63
Q

lombroso

A

studied criminals to find links between genetics and being a criminal - natural born criminal

64
Q

atavism

A

describes resemblance to remote ancestors rather than parents; reversion to earlier type; throwback - used by Lombroso

65
Q

selective incapacitation

A

making best use of expensive and limited prison space by targeting for incarceration those offenders whose incapacity will do most to reduce crime in society

66
Q

ellis

A

prisoner who has been held indefinitely by supreme court ruling

67
Q

anamnestic prediction

A

prediction of future offending based on specific analysis on how a particular person has acted in past in similar situations

68
Q

actuarial prediction

A

prediction of future offending based on similar individuals in comparable circumstances

69
Q

clinical prediction

A

prediction of future offending based on judgement of trained professionals

70
Q

deterrence

A

rationale for punishment aimed at reducing likelihood of re-offence through use of threat. assumes the rational decision-making process

71
Q

general deterrence

A

punishment of criminals that is intended to be an example to the general public and to discourage criminal behaviour

72
Q

specific deterrence

A

punishment inflicted on the criminals themselves to discourage them from committing future crimes

73
Q

re-integrative shaming

A

form of shaming, imposed as sanction by CJS that is thought to strengthen moral bond between offender and community

74
Q

goffman

A

talked about institutionalisation process

75
Q

institutionalisation process

A

process indicating that institutions which generate social isolation maintain 24 hour control over people, and so reduce self sufficiency and identity. studied by goffman

76
Q

sykes

A

studies pains of punishment: loss of liberty, loss of goods and services, deprivation of heterosexual relationships, etc

77
Q

clemmer

A

studied prisonisation process: how male inmates adapt, accommodate and adjust to prison life - prison subculture

78
Q

irwin

A

looked at methods of coping: doing time, jailing, and gleaming

79
Q

importation

A

when culture is caused by what people bring into the prison institution

80
Q

deprivation

A

when culture is caused by conditions once inside the prison instution

81
Q

doing time

A

when prisoners view their prison term as a brief inevitable break in their criminal careers, a cost of doing business

82
Q

jailing

A

when prisoners cut themselves off from the outside world to construct a life within the prison

83
Q

gleaning

A

when prisoners attempt to ‘make the most of it’ whilst they are in prison

84
Q

sykes

A

suggested that language and terms within prison may change over time, but roles and hierarchies remain. said that rules and interactions in prison are structural and cultural, not individual or psychological

85
Q

deinstitutionalisation

A

refers to alternatives to incarceration, such as probation, good behaviour bonds, suspended/differed sentences, community service orders, intensive supervision orders, and diversion

86
Q

decarceration

A

refers to removing people from prison by reducing the time they have to spend inside, e.g. parole, day leave schemes, conditional release, prison work camps, or home detention

87
Q

front door

A

diversion of person before they enter the prison system, e.g. suspended sentence, good behaviour order, and intensive supervision program

88
Q

back door

A

based on programs outside of prison which prevent the from returning, e.g. parole and conditional release

89
Q

side door

A

diversion of a person during their prison term, e.g. intensive supervision order after some time has been served

90
Q

trapdoor

A

emergency program to reduce overcrowding in prisons

91
Q

intensive supervision program

A

probation granted under conditions of strict reporting to a probation officer with a limited caseload. may have to attend treatment programs or community service

92
Q

recidivism

A

relapse into antisocial or criminal behaviour

93
Q

parole

A

conditional release from imprisonment that entitles person to serve remainder of sentence outside the prison as long as the terms of release are co

94
Q

parole board

A

Organisation who’s most important consideration is that “community safety is paramount”

95
Q

Responsibility, risk, need

A

Three principles of effective rehabilitation programs

96
Q

criminogenic

A

having factors thought to bring about criminal behaviour in an individual

97
Q

Larry and Urry

A

said we live in a ‘Stranger Society’

98
Q

bystander effect

A

The tendency for any given bystander to be less likely to give aid if other bystanders are present

99
Q

Levine and Dixon

A

Conducted a telephone survey on attitudes toward CCTV in Lancaster. Found support for CCTV was high, but cameras created a weaker sense of responsibility to help others

100
Q

Therapeutic justice

A

philosophy of reorienting the jail experience from being mostly punitive to being mostly rehabilitative

101
Q

Klinger

A

Studied the organisational and environmental factors influencing police decisions to arrest

102
Q

Conflict model

A

criminal justice perspective that assumes that the system’s components function primarily to serve their own interests. According to this theoretical framework, justice is more a product of conflicts among agencies within the system than it is the result of cooperation among component agencies

103
Q

Due process

A

focus of this crime model is fair treatment of potential offenders

104
Q

Rank structure

A

One of the main things maintaining police hierarchy

105
Q

Signs of disorder

A

1st thing present in the cycle described by broken windows theory

106
Q

Increased fear

A

2nd thing present in the cycle described by broken windows theory

107
Q

Lower social control

A

3rd thing present in the cycle described by broken windows theory

108
Q

More serious crime

A

4th thing present in the cycle described by broken windows theory. Also intensifies 1st thing (signs of disorder)

109
Q

Laster and Douglas

A

Compared how male and female magistrates perceived their work. They concluded that any observed differences were more likely due to age and background than the sex of the magistrate

110
Q

Condemnation

A

rationale for punishment used to reinforce a community’s outrage at the offence. Acts as a collective expression of right/wrong, and acts to demarcate moral boundaries

CRIM1019 (1 decks)

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