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LD EXAMS > LD 2 Criminal Justice System > Flashcards

LD 2 Criminal Justice System Flashcards

1
Q

U.S. Constitution

A

A WRITTEN DOCUMENT THAT EMBODIES THE BASIC LAWS OF A NATION OR STATE

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2
Q

U.S. CONSTITUTION EFFECTIVE?

A

1789

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3
Q

3 BRANCHES OF GOVERNMENT

A
  1. EXECUTIVE (law enforcement)
  2. LEGISLATIVE (senate/ house of reps = congress)
  3. JUDICIAL (supreme court)
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4
Q

HOW MANY AMENDMENTS DO WE HAVE TODAY?

A

27 AMENDMENTS

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5
Q

WHEN WAS THE BILL OF RIGHTS RATIFIED?

A

DECEMBER 1971

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6
Q

THE CRIMINAL JUSTICE SYSTEM GIVES LE 2 EXTRAORDINARY POWERS?

A
  1. THE POWER TO ARREST

2. THE POWER TO USE DEADLY FORCE

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7
Q

BASIC RIGHTS AND FREEDOMS

A

APPLY TO ALL INDIVIDUALS IN THE U.S. REGARDLESS OF CITIZENSHIP

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8
Q

6 AMENDMENTS THAT ARE A DIRECT IMPACT ON PEACE OFFICERS

A
  • FIRST
  • FOURTH
  • FIFTH
  • SIXTH
  • EIGHTH
  • FOURTEENTH
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9
Q

FIRST AMENDMENT

A
  • FREEDOM OF RELIGION
  • FREEDOM OF SPEECH
  • FREEDOM OF THE PRESS
  • FREEDOM OF ASSEMBLY
  • RIGHT TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES
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10
Q

FOURTH AMENDMENT

A

FREEDOM FROM UNREASONABLE SEARCH ANS SEIZURE

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11
Q

FIFTH AMENDMENT

A
  • FREEDOM FROM BEING TRIED TWICE FOR THE SAME CRIME
  • FREEDOM FROM SELF- INCRIMINATION (double jeopardy: not tried twice for same crime)
  • due process before legal action
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13
Q

SIXTH AMENDMENT

A
  • RIGHT TO BE TOLD OF CHARGES WHEN ARRESTED
  • RIGHT TO A SPEEDY TRIAL
  • RIGHT TO A PUBLIC TRAIL BY AN IMPARTIAL JURY
  • RIGHT TO CONFRONT WITNESSES
  • RIGHT TO COUNSEL
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14
Q

EIGHTH AMENDMENT

A
  • FREEDOM FROM EXCESSIVE BAIL/ FINES

- FREEDOM FROM CRUEL AND UNUSUAL PUNISHMENT

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15
Q

CRIMINAL JUSTICE SYSTEM IS MADE UP OF?

A
  1. LAW ENFORCEMENT
  2. JUDICIAL
  3. CORRECTIONS
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16
Q

7 PRIMARY GOALS OF THE CRIMINAL JUSTICE SYSTEM

A
  1. GUARANTEE DUE PROCESS OF THE LAW
  2. PREVENT CRIME
  3. PROTECT LIVES AND PROPERTY
  4. UPHOLD AND ENFORCE THE LAW
  5. DISPENSE EQUAL JUSTICE (14th)
  6. APPREHEND OFFENDERS
  7. ASSURE VICTIMS RIGHTS
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17
Q

FEDERAL AGENCIES

A
  1. US DEPT. OF HOMELAND SECURITY
  2. FBI (federal bureau of investigations)
  3. DEA (drug enforcement admin.)
  4. US MARSHAL SERVICE
  5. ICE (immigration and customs)
  6. ALCOHOL, TOBACCO AND FIREARMS DIVISION
  7. SECRET SERVICES
  8. US POSTAL INSPECTIONS
  9. ARMED FORCES POLICE
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18
Q

STATE AGENCIES

A
  1. CHP
  2. ABC (alcohol and beverage control)
  3. DEPT. OF FORESTRY/ FIRE PROTECTION
  4. DEPT OF FISH/GAMES
  5. DEPT. OF JUSTICE
  6. DEPT OF INSURANCE
  7. DMV
  8. DEPT. OF PARKS AND RECREATION
  9. FRANCHISE TAX BOARD
  10. UNIVERSITY/COLLEGE POLICE *
  11. DEPT. OF HEALTH SERVICES
  12. YOUTH/ADULT CORRECTIONAL AGENCY
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19
Q

LOCAL AGENCIES

A
  1. AIRPORT PD
  2. COUNTY MARSHALS
  3. HOUSING PD
  4. MUNICIPAL PD
  5. SCHOOL DISTRICT PD
  6. SHERIFF DEPT.
  7. TRANSPORTATION PD
  8. PORT AUTHORITY PD
20
Q

JUDICIAL SYSTEM OBJECTIVES

A
  1. PROVIDING DUE PROCESS LAW
  2. RENDERING FAIR JUDGMENTS
  3. DISPENSING JUST PUNISHMENT
  4. ASSURING VICTIMS RIGHTS
21
Q

CALIFORNIA COURT SYSTEM

A
  1. SUPREME COURT (highest)
  2. HIGHER (appellate courts- hear appeals from lower trial courts)
  3. LOWER (trial courts- criminal activity and civil disputes)
22
Q

ROLE OF A JUDGE?

A

ADMINISTERING JUSTICE IN A FAIR/IMPARTIAL MANNER BY APPLYING THE FACTS OF THE LAW

23
Q

ROLE OF A PROSECUTOR?

A
  • PROSECUTING INDIVIDUALS ACCUSED OF CRIMINAL ACTIVITIES

- PROTECTING PUBLIC RIGHTS AND PRIVILEGES

24
Q

ROLE OF A DEFENSE ATTORNEY?

A
  • DEFENDING THE ACCUSED

- DEFENDING THE RIGHTS/ PRIVILEGES OF CITIZENS

25
Q

WHEN DOES SOMEONE ENTER THE CJ SYSTEM?

A

WHEN THEY ARE ARRESTED AND INDICTED

26
Q

STEPS OF A FELONY PROSECUTION

8 steps

A
  1. ARREST
  2. ARRAIGNMENT
  3. RIGHT TO BAIL
  4. BAIL
  5. INDICTMENT
  6. TRAIL
  7. SENTENCING
  8. GRAND JURY
27
Q
  1. ARREST
A
  • taking a person into custody
  • in a case
    in the manner authorized by the law
28
Q
  1. ARRAIGNMENT
A
  • legal procedure when court informs defendant of:
  • eligibility for bail
  • plea guilty or not guilty to charges
  • trail by court or jury
29
Q
  1. RIGHT TO BAIL
A
  • defendants right to –> reasonable bail
30
Q
  1. BAIL
A
  • right to bail- defendants constitutional right to reasonable bail
31
Q
  1. INDICTMENT (grand jury)
A
  • accusation in writing formally

* charging a person with a crime or public offense

32
Q
  1. TRIAL
A
  • a formal judicial examination and determination

- of issues (law/facts) between parts

33
Q
  1. SENTENCING
A
  • judgment that is formally pronounced by the court

- upon the defendant (after conviction/ in a criminal prosecution)

34
Q
  1. GRAND JURY
A
  • a body of set number of citizens from within a county
  • responsible for determining if there is sufficient cause to believe that individual
  • has committed a crime and should be made to stand trial
35
Q

CORRECTION OBJECTIVE

A
  1. CONFINING PRISONERS
  2. REHABILITATING PRISONERS
  3. SUPERVISING PAROLES AND PROBATIONERS IN THE COMMUNITY
  4. ASSURING VICTIMS RIGHTS
36
Q

WHAT DOES CDCR MEAN?

A

California Department of Corrections and Rehabilitation
- responsible for convicted adults 18 and over

(ADULT PRISON)

37
Q

WHAT DOES BOPT MEAN?

A

Board of Prison Terms

  • responsible for administration of PAROLE conditions of prisoners 18 and over
  • once released from CDCR
38
Q

WHAT DOES YOPB MEAN?

A

Youthful Offender Parole Board
- responsible for administration of parole conditions of (13-25 year old)

(JUVENILE DIVISION)

39
Q

LOCAL GOV’T AGENCIES?

A

OVERSEE THE OPERATIONS OF DETENTION FACILITIES THAT CONFINE PEOPLE:

  • AWAITING TRAIL
  • SENTENCED TO LESS THAN ONE YEAR
40
Q

PAROLE (state)

A
  • CDCR
  • A CONDITION RELEASED FROM A STATE PRISON WHICH ALLOWS AN INDIVIDUAL TO SERVE THE REMAINDER OF SENTENCE ON THE OUTSIDE

Revocable by: parole agent and admin. board review

41
Q

PROBATION (county)

A
  • COUNTY PROBATIONS DEPT.
  • A SENTENCING OPTION FOR AN INDIVIDUAL CONVICTED OF A CRIMINAL OFFENSE (by the state)

Revocable by: court enactment or probation officer recoomendation

42
Q

PAROLE CONDITIONS

A
  • not travel more than 50 miles from their residence w/o prior approval of parole agent
  • inform parole agent w/in 72 hrs of any changes if employment issues
  • not be absent for more than 48 hrs of leave California w/o prior approval
  • comply w/ all instructions by parole agent
  • not engage in conduct prohibited by law
  • not own, use or have firearms/weapons/knifes
  • officer must know of conditions before the search

search and seizure terms

43
Q

PROBATION CONDITIONS

A
  • comply and maintain contact w/ probation officer
  • no use of alcohol/ drugs
  • not associate w/ certain individuals
  • not posses firearms or weapons
  • probations MAY be required to *serve jail time, pay a fine, restitution, secure a bond, submit drug test, etc.
  • not all have same search and seizure terms*
44
Q

FOURTEENTH AMENDMENT

A
  • BASIC RIGHT OF A DEFENDANT IN A JUDICIAL PROCEEDING
  • THE REQUISITES FOR A TRIAL (DUE PROCESS)
  • RIGHT TO EQUAL PROTECTION OF THE LAWS

LD EXAMS (4 decks)

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