Final Exam Review

Question 1

Consensus View of Crime

Answer 1

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.

Question 2

Conflict View of Crime

Answer 2

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.

Question 3

Due Process Perspective

Answer 3

A perspective on criminal justice that emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings.

Question 4

Crime Control Perspective

Answer 4

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.

Question 5

English Common Law

Answer 5

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

Question 6

State Statutes

Answer 6

laws enacted by a state level legislative body

Question 7

Federal Statutes

Answer 7

laws enacted by a federal level legislative body

Question 8

Constitutional Laws

Answer 8

any law related to the rights and responsibilities of the different branches of a government

Question 9

Administrative Laws

Answer 9

any law related to the administration of a bureaucratic agency in a government

Question 10

Case Law

Answer 10

the law as established by the outcome of former cases

Question 11

Substantive Criminal Law

Answer 11

A body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct.

Question 12

Procedural Criminal Law

Answer 12

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.

Question 13

Three Elements of Criminal Justice

Answer 13

the police, the courts, corrrections

Question 14

Three Levels of American Policing

Answer 14

local law enforcement, state agencies, federal agencies

Question 15

Uniform Crime Reports

Answer 15

the official crime data collected by the FBI from local police departments

Question 16

National Crime Victimization Survey

Answer 16

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

Question 17

Dark Figure of Crime

Answer 17

the unknown mass of unreported and unrecorded offenses

Question 18

Search (search and seizure)

Answer 18

a government actor’s infringement on a person’s reasonable expectation of privacy

Question 19

Arrest

Answer 19

occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense

Question 20

Booking

Answer 20

creating an official arrest record; recording your name and reason for arrest, taking a mug shot, taking fingerprints

Question 21

Initial Appearance

Answer 21

a court hearing where a defendant is first brought before a judge, usually after being arrested or charged with a crime

Question 22

Preliminary Hearing

Answer 22

hearing before a magistrate to determine whether the government has sufficient evidence to show probable cause that the defendant committed the crime

Question 23

Grand Jury

Answer 23

created as a check against arbitrary prosecution by a judge who might be a puppet of the government

Question 24

Arraignment

Answer 24

Initial trial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea

Question 25

Trial

Answer 25

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

Question 26

7 steps to criminal process in order

Answer 26

investigation, charging/arrest, initial hearing/arraignment, discovery/evidence exchanged, plea bargaining, preliminary hearing, pre-trial motions, trial

Question 27

Misdemeanor

Answer 27

a crime that carries a less severe punishment than a felony

Question 28

Parens Patriae

Answer 28

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.

Question 29

Felony

Answer 29

a crime regarded as more serious than a misdemeanor

Question 30

Community-Oriented Policing

Answer 30

Programs designed to bring police and public closer together and create a more cooperative environment between them (behavior based)

Question 31

Police-Community Relations

Answer 31

formal programs that work to improve the bond between the police and the communities they serve (attitude based)

Question 32

Delinquency

Answer 32

a minor crime, usually committed by young people/adolescents

Question 33

Status Offender

Answer 33

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

Question 34

Bail

Answer 34

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.

Question 35

Jury Challenges

Answer 35

each attorney’s abilitiy to excuse a certain number of jurors without having to show a reason

Question 36

In re Gault (1967)

Answer 36

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

Question 37

Rights of Juveniles in Custody

Answer 37

Fourth Amendment right, right to request a parent or guardian, especially if unclear on legal rights

Question 38

Court of General Jurisdiction

Answer 38

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

Question 39

Court of Limited Jurisdiction

Answer 39

A court that has jurisdiction over misdemeanors and conducts preliminary investigations of felony charges

Question 40

Appellate Court

Answer 40

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

Question 41

The Three Tiers of Court

Answer 41

the courts, the prosecution, and the defense components

Question 42

Dual Court System

Answer 42

the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts

Question 43

Parole Eligability

Answer 43

most parole boards look at the inmate’s crime, institutional record, and willingness to accept responsibility before making the release decision

Question 44

Probation Agent

Answer 44

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

Question 45

Philosophies of Punishment

Answer 45

retribution, deterrence, incapacitation, and rehabilitation

Question 46

Retribution

Answer 46

a legal punishment that requires the offender to receive a punishment for a crime proportional and similar to its offense

Question 47

Deterrence

Answer 47

the theory that criminal penalties do not just punish violators, but also discourage other people from committing similar offenses

Question 48

Incapacitation

Answer 48

the act of rendering an individual incapable of committing future crimes

Question 49

Rehabilitation

Answer 49

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

Question 50

Court of Last Resort

Answer 50

A court that handles the final appeal on a matter—in the federal system, the U.S. Supreme Court