Final Exam Review Flashcards
Consensus View of Crime
The view that the great majority of citizens agree that certain behaviors must be outlawed or controlled, and that criminal law is designed to protect citizens from social harm.
Conflict View of Crime
The view that criminal law is created and enforced by those who hold political and economic power and is a tool used by the ruling class to control dissatisfied have-not members of society.
Due Process Perspective
A perspective on criminal justice that emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings.
Crime Control Perspective
A model of criminal justice that emphasizes the control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime.
English Common Law
the system of law that emerged in England beginning in the Middle Ages and is based on case law and precedent rather than codified law
State Statutes
laws enacted by a state level legislative body
Federal Statutes
laws enacted by a federal level legislative body
Constitutional Laws
any law related to the rights and responsibilities of the different branches of a government
Administrative Laws
any law related to the administration of a bureaucratic agency in a government
Case Law
the law as established by the outcome of former cases
Substantive Criminal Law
A body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct.
Procedural Criminal Law
The methods that must be followed in obtaining warrants, investigating offenses, effecting lawful arrests, conducting trials, introducing evidence, sentencing convicted offenders, and reviewing cases by appellate courts.
Three Elements of Criminal Justice
the police, the courts, corrrections
Three Levels of American Policing
local law enforcement, state agencies, federal agencies
Uniform Crime Reports
the official crime data collected by the FBI from local police departments
National Crime Victimization Survey
the ongoing victimization study conducted jointly by the Justice Department and the U.S. Census Bureau that surveys victims about their experiences with law violation
Dark Figure of Crime
the unknown mass of unreported and unrecorded offenses
Search (search and seizure)
a government actor’s infringement on a person’s reasonable expectation of privacy
Arrest
occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense
Booking
creating an official arrest record; recording your name and reason for arrest, taking a mug shot, taking fingerprints
Initial Appearance
a court hearing where a defendant is first brought before a judge, usually after being arrested or charged with a crime
Preliminary Hearing
hearing before a magistrate to determine whether the government has sufficient evidence to show probable cause that the defendant committed the crime
Grand Jury
created as a check against arbitrary prosecution by a judge who might be a puppet of the government
Arraignment
Initial trial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea
Trial
a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered
7 steps to criminal process in order
investigation, charging/arrest, initial hearing/arraignment, discovery/evidence exchanged, plea bargaining, preliminary hearing, pre-trial motions, trial
Misdemeanor
a crime that carries a less severe punishment than a felony
Parens Patriae
Latin term meaning “father of his country.” According to this legal philosophy, the government is the true guardian of the needy and infirm, including dependent children. It refers to the power of the state to act on behalf of a child and provide care and protection equivalent to that of a parent.
Felony
a crime regarded as more serious than a misdemeanor
Community-Oriented Policing
Programs designed to bring police and public closer together and create a more cooperative environment between them (behavior based)
Police-Community Relations
formal programs that work to improve the bond between the police and the communities they serve (attitude based)
Delinquency
a minor crime, usually committed by young people/adolescents
Status Offender
A noncriminal youth who falls under the jurisdiction of the juvenile court by reason of having engaged in behavior prohibited to minors, such as being truant from school, running away from home, or being habitually disobedient and ungovernable
Bail
The monetary amount required for pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings.
Jury Challenges
each attorney’s abilitiy to excuse a certain number of jurors without having to show a reason
In re Gault (1967)
a U.S. Supreme Court case in which the Court ruled that juvenile criminal defendants are entitled to Due Process protection under the Fourteenth Amendment of the U.S. Constitution
Rights of Juveniles in Custody
Fourth Amendment right, right to request a parent or guardian, especially if unclear on legal rights
Court of General Jurisdiction
a state or federal court that has jurisdiction over felony offenses—serious crimes that carry a penalty of incarceration in a state or federal prison for 1 year or more
Court of Limited Jurisdiction
A court that has jurisdiction over misdemeanors and conducts preliminary investigations of felony charges
Appellate Court
A court to which appeals are made on points of law resulting from the judgment of a lower court; the appellate court may be asked to evaluate the impact of new evidence but more typically decides whether the state or federal constitution was improperly interpreted during a case
The Three Tiers of Court
the courts, the prosecution, and the defense components
Dual Court System
the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts
Parole Eligability
most parole boards look at the inmate’s crime, institutional record, and willingness to accept responsibility before making the release decision
Probation Agent
a member of the bureau of field services or a public employee who is responsible for the preparation of presentence reports on offenders or for the supervision of probationers placed in their care by the sentencing court, or responsible for both such functions
Philosophies of Punishment
retribution, deterrence, incapacitation, and rehabilitation
Retribution
a legal punishment that requires the offender to receive a punishment for a crime proportional and similar to its offense
Deterrence
the theory that criminal penalties do not just punish violators, but also discourage other people from committing similar offenses
Incapacitation
the act of rendering an individual incapable of committing future crimes
Rehabilitation
reduce recidivism among adults who have been convicted of an offense by improving their behaviors, skills, mental health, social functioning, and access to education and employment
Court of Last Resort
A court that handles the final appeal on a matter—in the federal system, the U.S. Supreme Court
