Final Exam Flashcards
Control model
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
Due process model
CJS perspective that emphasises individual rights at all stages of CJS processing - obstacle course
Actuarial justice
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)
crime
intentional behaviour in breach of legally prescribed rules, without justification, and subject to defined penalties
summary offence
less serious or minor criminal offence, usually dealt with in the local court by Magistrate
indictable offence
more severe offences that are heard and sentenced by a judge in a District Court or tried before a judge and jury
duress, provocation, insanity, intoxication, and self defence
the 5 justifications of criminal offences
complicity
state of being involved with others in an illegal activity or wrongdoing
conspiracy
secret plan by a group to do something illegal
vagrancy
state of wandering from place to place
victim impact statement
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
restorative justice
punishment designed to repair the damage done to the victim and community by an offender’s criminal act
double jeopardy
being tried twice for same crime
reactive policing
policing strategy which involves responding to criminal activity and problems after they have taken place
proactive policing
policing strategy in which patrol officers take initiative against crime instead of waiting for criminal acts to occur
Chan
said there was being cynical and suspicious, a sense of mission about police work, an orientation toward action, and strong solidarity
Fitzgerald inquiry
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
official misconduct
policing conduct that could, if proved, be a criminal offence or disciplinary breach providing reasonable grounds for dismissal
police misconduct
police officer activities which are inconsistent with the officer’s legal authority, organisational authority, and standards of ethical conduct
Crime and Misconduct Commission
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
Skolnick
introduced idea of ‘symbolic assailant’
symbolic assailant
gestures, languages, and attires that police have come to recognise as a prelude to violence
Minneapolis Domestic Violence Experiment
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
Sherman
conducted Minneapolis Domestic Violence Experiment
political, reform, community, uncertainty
four eras of policing
preventative patrol
proactive policing strategy which involves conducting property checks, questioning suspicious persons, varying patrol patterns, and maintaining high visibility
Kansas City Preventative Patrol experiment
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
Minneapolis Hotspot Experiment
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
broken windows thesis
holds perspective that physical deterioration of area leads to higher crime rates and increased concern for personal safety among residents
Wilson and kelling
suggested broken windows thesis
problem-oriented policing
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.
zero-tolerance policing
an approach to policing which involves taking a tough approach on low-level crime
third party policing
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
pulling levers
approach to policing where police strictly enforce any and all codes and regulations, in attempt to change the behaviour of target group
operation ceasefire
initiative to reduce gun violence by youths and gangs. originally started in boston
adversarial model
dispute-resolution system in which prosecution and defence present opposing sides of the story
police bail
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
summary prosecutions
prosecutors are full time members of police force, used in lower courts
Westminster
political arrangement involving the separation of powers: prosecution and court are separate, and politicians cannot influence either party’s decisions
plea bargaining
similar to charge bargaining except that the court is involved
charge bargaining
negotiation in which D agrees to enter guilty plea of lesser charge and P agrees to drop a more serious charge. court not involved
courtroom workgroup
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.
committal hearing
hearing held in local court to determine if enough evidence to gain conviction
Lievore
looked at prosecutorial decisions in adult sexual assault cases. suggested victim preference has significant part in determining whether case continues
alibi
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
Jacob and Eisenstein
developed idea of courtroom workshop
trial by ordeal
primitive method of determining person’s guilt or innocence by subjecting accused to dangerous or painful tests believed to be under divine control
feudal model
primitive CJ model which focused on rule of monarch, inequality before the law, and presumption of guilt
hybrid offence
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
inquisitorial model
legal system where court or part of court is actively involved in investigating facts of the case
police prosecutor
normally in charge of prosecution in lower courts
problem solving court
court service that attempts to change future behaviour of offenders and promote welfare of community. comes under umbrella of restorative justice
jurisprudence
philosophy of law
martinson
said no rehabilitation works
wexlier and winick
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
pre-sentence report
report prepared for court prior to sentencing of accused which sets out accused’s background. provided by a probation officer
beccaria
introduced utilitarian punishment
retributive punishment
based on eye-for-eye justice in which goal is to avenge prior evil deed rather than prevent future ones
just deserts
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
proportionality
sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of crime committed
back to justice movement
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’
mandatory sentencing
model of criminal punishment in which offender is given fixed term
lombroso
studied criminals to find links between genetics and being a criminal - natural born criminal
atavism
describes resemblance to remote ancestors rather than parents; reversion to earlier type; throwback - used by Lombroso
selective incapacitation
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
ellis
prisoner who has been held indefinitely by supreme court ruling
anamnestic prediction
prediction of future offending based on specific analysis on how a particular person has acted in past in similar situations
actuarial prediction
prediction of future offending based on similar individuals in comparable circumstances
clinical prediction
prediction of future offending based on judgement of trained professionals
deterrence
rationale for punishment aimed at reducing likelihood of re-offence through use of threat. assumes the rational decision-making process
general deterrence
punishment of criminals that is intended to be an example to the general public and to discourage criminal behaviour
specific deterrence
punishment inflicted on the criminals themselves to discourage them from committing future crimes
re-integrative shaming
form of shaming, imposed as sanction by CJS that is thought to strengthen moral bond between offender and community
goffman
talked about institutionalisation process
institutionalisation process
process indicating that institutions which generate social isolation maintain 24 hour control over people, and so reduce self sufficiency and identity. studied by goffman
sykes
studies pains of punishment: loss of liberty, loss of goods and services, deprivation of heterosexual relationships, etc
clemmer
studied prisonisation process: how male inmates adapt, accommodate and adjust to prison life - prison subculture
irwin
looked at methods of coping: doing time, jailing, and gleaming
importation
when culture is caused by what people bring into the prison institution
deprivation
when culture is caused by conditions once inside the prison instution
doing time
when prisoners view their prison term as a brief inevitable break in their criminal careers, a cost of doing business
jailing
when prisoners cut themselves off from the outside world to construct a life within the prison
gleaning
when prisoners attempt to ‘make the most of it’ whilst they are in prison
sykes
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
deinstitutionalisation
refers to alternatives to incarceration, such as probation, good behaviour bonds, suspended/differed sentences, community service orders, intensive supervision orders, and diversion
decarceration
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
front door
diversion of person before they enter the prison system, e.g. suspended sentence, good behaviour order, and intensive supervision program
back door
based on programs outside of prison which prevent the from returning, e.g. parole and conditional release
side door
diversion of a person during their prison term, e.g. intensive supervision order after some time has been served
trapdoor
emergency program to reduce overcrowding in prisons
intensive supervision program
probation granted under conditions of strict reporting to a probation officer with a limited caseload. may have to attend treatment programs or community service
recidivism
relapse into antisocial or criminal behaviour
parole
conditional release from imprisonment that entitles person to serve remainder of sentence outside the prison as long as the terms of release are co
parole board
Organisation who’s most important consideration is that “community safety is paramount”
Responsibility, risk, need
Three principles of effective rehabilitation programs
criminogenic
having factors thought to bring about criminal behaviour in an individual
Larry and Urry
said we live in a ‘Stranger Society’
bystander effect
The tendency for any given bystander to be less likely to give aid if other bystanders are present
Levine and Dixon
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
Therapeutic justice
philosophy of reorienting the jail experience from being mostly punitive to being mostly rehabilitative
Klinger
Studied the organisational and environmental factors influencing police decisions to arrest
Conflict model
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
Due process
focus of this crime model is fair treatment of potential offenders
Rank structure
One of the main things maintaining police hierarchy
Signs of disorder
1st thing present in the cycle described by broken windows theory
Increased fear
2nd thing present in the cycle described by broken windows theory
Lower social control
3rd thing present in the cycle described by broken windows theory
More serious crime
4th thing present in the cycle described by broken windows theory. Also intensifies 1st thing (signs of disorder)
Laster and Douglas
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
Condemnation
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
