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Criminal Justice > Midterm > Flashcards

Midterm Flashcards

1
Q

regulating human interaction

A

what do laws do

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2
Q

enforce moral beliefs

A

what do laws do

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3
Q

define moral beliefs

A

what do laws do

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4
Q

enhance predictability

A

what do laws do

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5
Q

support the powerful

A

what do laws do

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6
Q

sustain individual rights

A

what do laws do

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7
Q

redressing wrongs

A

what do laws do

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8
Q

identify wrongdoers

A

what do laws do

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9
Q

where are laws found

A

statutory provisions and constitutional enactments, as well as 100 of years of court at all levels

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10
Q

the written or codified law

A

what is stationary law

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11
Q

the law on the books

A

what is stationary law

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12
Q

as enacted by legislative action

A

what is stationary law

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13
Q

the written form of criminal law

A

what is stationary law

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14
Q

what is the penal code

A

the written form of criminal law

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15
Q

interoperating statutory laws

A

courts interpretation, case law, and common law

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16
Q

case law

A

results from judicial decision

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17
Q

common law

A

the traditional body of unwritten historical precedents created from social customs, rules, and practices, which may be supported by judicial decisions

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18
Q

rule of law

A

holds that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all its members

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19
Q

jurisprudence

A

the philosophy and study of criminal law and application of it

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20
Q

resonable suspicion

A

reasonable belief through anticable circumstances that criminal activity might be afoot

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21
Q

criminal law

A

type of law

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22
Q

civil law

A

type of law

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23
Q

administrative law

A

type of law

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24
Q

case law

A

type of law

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25
Q

procedural law

A

type of law

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26
Q

criminal law

A

the body of rules and regulations that define and specify the nature of, and punishments for, offenses of a public nature or wrongs committed against the state or society

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27
Q

crimes injure not just individuals, but society as a whole

A

criminal law

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28
Q

punishment for violators of ________ ________ is justified by the fact that the offender intended the harm and is responsible for it

A

criminal law

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29
Q

what is on type of written criminal law

A

substantive law

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30
Q

what is the other type of written criminal law

A

procedural law

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31
Q

substantive law

A

describes which acts constitute crimes and specific punishments for those acts

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32
Q

procedural law

A

specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system

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33
Q

two types of written law

A

substantive and procedural law

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34
Q

civil law

A

governs relationships between and among people, businesses and other organizations, and agencies of government

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35
Q

tort

A

a violation of civil law

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36
Q

civil law is concerned more with _______ than intent

A

liability

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37
Q

there are two results of civil law which are ________ or a loss of money

A

injunction

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38
Q

administrative law

A

the body of regulations that governments create to control the activities of businesses, industry, and individuals

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39
Q

administrative law can overlap with ________ law

A

criminal

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40
Q

comes from judicial decisions

A

case law

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41
Q

referred to as the law of precedent

A

case law

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42
Q

under stare decisis, the courts recognize previous decisions and precedents to guide future deliberations

A

case law

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43
Q

operates along two dimensions, the vertical and the horizontal

A

case law

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44
Q

procedural law

A

type of statutory law that regulates the processing of an offender by the criminal justice system

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45
Q

general rules of evidence

A

procedural law

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46
Q

search and seizure

A

procedural law

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47
Q

procedures to be followed during and after an arrest

A

procedural law

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48
Q

balance suspects’ rights against the state’s interest in speedy and efficient case processing

A

procedural law

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49
Q

there are five general categories of crime violations, what are they?

A

felonies, misdemeanors, offenses (infractions), treason and espionage, and inchoate offenses

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50
Q

felonies

A

serious crimes that are punishable by a year or more in prison or by death

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51
Q

convicted ______ may lose certain privileges

A

felons

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52
Q

many states and the federal government use a number or letter scheme to differentiate among the varying degrees of severity of _______ _________

A

felony crimes

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53
Q

misdemeanor

A

less serious crimes that are punishable by up to a year in a local correctional facility

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54
Q

most ________ receive a fine and probation

A

misdemeanors

55
Q

offenses (infractions)

A

violations of the criminal law, but specifically to refer to minor violations of the law that are less serious than misdemeanors

56
Q

people committing _______ are usually given a ticket and released until court

A

infractions

57
Q

treason and espionage

A

serious felonies

58
Q

treason

A

a U.S. citizen’s action to help a foreign government overthrow, make war against, or seriously injure the United States

59
Q

espionage

A

gathering, transmitting, or losing information relating to national defense in such a manner that the information becomes available to enemies of the U.S. and may be used to their advantage

60
Q

inchoate offenses

A

offenses not yet completed to which consists of an action or conduct that is a step toward the intended commission of another offense

61
Q

what are the two general features of crimes

A

acus reus and mens rea

62
Q

actus reus

A

the criminal act

63
Q

mens rea

A

culpable mental state

64
Q

the guilty act, there has to be an act, and thoughts alone are not sufficient to constitute a crime

A

acus reus

65
Q

a guilty mind and refers to a person’s mental state at the time the act was committed

A

mens rea

66
Q

what are the four levels of mens rea

A

purposeful, knowing, reckless, and negligent

67
Q

elements of a specific crime

A

specific legal aspects that the prosecution must prove beyond a reasonable doubt to obtain a conviction

68
Q

corpus delicti

A

“body of a crime”, a person cannot be charged for a crime without the criminal law being violated and a person being criminally responsible

69
Q

there are four broad defenses to a criminal charge that shows the defense that they are not liable for the said criminal charge

A

alibi, justification, excuses, and procedural defenses

70
Q

justification

A

admits committing the crime, but they have enough justification for their actions

71
Q

self-defense, defense of others, defense of home and/or property, necessity, consent, and resisting unlawful arrest

A

justification

72
Q

excuses

A

the defendants admit they did it, but they should not be held criminally accountable because of some personal condition or circumstantial at the time of the act

73
Q

duress, age mistake, involuntary intoxication, provocation, insanity, diminished capacity, and mental incompetence

A

excuses

74
Q

procedural defense

A

the defendant claims they were discriminated against in a process that would not properly follow in the investigation or prosecution

75
Q

entrapment, double jeopardy, collateral estoppel, selected prosecution, denial of speedy trial, prosecutorial misconduct, and police fraud

A

procedural defense

76
Q

much of early American policing was based on the ______ model

A

British

77
Q

who is the father of modern police

A

Robert Peel

78
Q

was uniformed, was structured along military lines, and became a model for police forces worldwide

A

london metropolitan police

79
Q

early amerian law enforcement was based on England’s experience yet unique to the reality of _________ and _________

A

-colonialism
-expansionism

80
Q

what lands lacked established police forces that made so many settlers turn to vigilantism

A

frontier

81
Q

1844

A

new york city police department started up

82
Q

1855

A

boston city police department started up

83
Q

the 20th century saw great ______ and _____ enforcement reform

A

-social
-law

84
Q

1902

A

international association of chiefs of police was formed

85
Q

1910

A

the first policewoman was hired in los angeles

86
Q

1915

A

fraternal order of police (FOP) was established

87
Q

1915 to 1925

A

cities employed policewomen

88
Q

what three inventions impacted the police

A

telephone, automobiles, and radios

89
Q

the ________ commission eventually recognized that prohibition was unenforceable and contributed to corruption

A

wickersham

90
Q

the Kansas city experiment

A

tested the use of preventive patrol on crime rates and citizens’ fear of crime

91
Q

what did the Kansas City experiment reveal?

A

-crime rates were not impacted by a preventive patrol
-preventive patrol does not impact fear of crime
-directed patrol is a better way to productively use patrol officers

92
Q

evidence based policing today

A

uses research into everyday police procedures to evaluate current practices and to guide officers and police executives in future decision making

93
Q

evidence based policing has been called the signle “most _________ _________ for change” in policing today

A

most powerful

94
Q

what are the three major legislative and jurisdictions that exist in American policing today

A

-federal
-federal bureau of investigation
-state level

95
Q

federal agencies

A

federal law enforcement agencies are distributed among 14 U.S., government departments and 28 non departmental entities

96
Q

federal bureau of investigation (FBI)

A

it was designed originally to help the federal government investigate political and business corruption

97
Q

FBI also operates

A

-national computer crime squad (NCCS)
-combined DNA index system (CODIS)
-a criminal justice information services division
-full-scale crim laboratory
-national academy programs

98
Q

FBI maintains

A

-counterterrorism division
-national threat warning system
-flying squads
-joint terrorism task force (JTTF)

99
Q

state level agencies

A

most state police agencies were created in the late nineteenth or early twentieth century

100
Q

what are the two models of state police agencies

A

-centralized
-decentralized

101
Q

centralized state police agencies

A

-combien criminal investigation duties and state highway patrol
-assist local departments
-operate identification bureaus
-maintain a criminal records repository
-patrol highways
-provide trainign for local officers

102
Q

decentralized state police agencies

A

-separates state highway patrol from other duties
-other duties performed by adjunct state-level law enforcement agencies

103
Q

what are three varieties that local agencies encompass

A

-municipal departments
-sheriff’s departments
-specialized groups, like campus police and transit police

104
Q

key parts of municipal police departments

A

-city or town based
-any can create its own police department
-the majority have fewer than ten full-time officers
-many utilize part-time officers

105
Q

private protective services

A

-privately funded, for-profit agencies
-provide a variety of security-related services to their clientele
-employ more people than public police
-find support in ASIS International programming

106
Q

these occur with the growth of protective services

A

-increase in crimes in the workplace
-increase in fear of crime and terrorism
-fiscal crises of states
-increase in public and business awareness and use of more cost-effective private security products and services

107
Q

private protective services integrate private and public security by

A

becoming more integrated with more of a cooperative crime-fighting potential

108
Q

what are some aspects of the police mission

A

-enforce and support laws
-investigate crimes/apprehend offenders
-prevent crime
-ensure domestic peace and tranquility
-provide the community with enforcement related services

109
Q

what are the five core operational strategies

A

-preventive patrol
-routine incident response
-emergency response
-criminal investigation
-problem solving

110
Q

what is an aspect of ancillary operational strategy

A

supportive services

111
Q

what are some supportive services

A

-dispatch
-training
-personnel
-property control
-record keeping

112
Q

what are two types of police organization and structure

A

-line operations
-staff operations

113
Q

line operations

A

field activities or supervisory activities directly related to day to day police work

114
Q

staff operations

A

include support role, such as administration

115
Q

chain of command is

A

a representation of authority and is structured by military standards

116
Q

what are the three styles of policing

A

-watchman
-legalistic
-service

117
Q

watchman style of policing

A

-in lower or lower-middle-class areas that have a lot of crime
-order maintenance
-controlling illegal and disruptive behavior
-considerable use of discretion

118
Q

legalistic style of policing

A

committed to enforcing a zero tolerance policy

119
Q

service style of policing

A

-strive to meet community needs
-concerned with helping rather than strictly enforcing the laws
-more likely to supplement law enforcement activities with community resources

120
Q

Police community relations (PCR)

A

-movement began in the 1960s and 1970s
-movement recognizes the need for the police and the community to work together (neighborhood watch)

121
Q

team policing

A

-an extension of the PCR movement

122
Q

police become more familiar with the people of their districts and their problems and concerns through ________ __________

A

team policing

123
Q

community policing as corporate strategy

A

some suggest that police departments operate like corporations, and that community policing is the newest strategy

124
Q

community policing

A

-strategic policing
-problem solving

125
Q

strategic policing

A

enlarges the enforcement target to include nontraditional kinds of criminals

126
Q

problem-solving

A

takes the view that many crimes are caused by existing social conditions

127
Q

community policing involves at least one of these four elements

A

-community-based crime prevention
-reorientation of patrol activities to emphasize nonemergency services
-increased police accountability to the public
-a decentralization of command, including greater use of civilians at all levels of police decision making

128
Q

some criticize community policing, citing problems such as:

A

-too abstract of a concept
-hard to measure success
-difficult to conceptualize and quantify “citizen success”
-not readily accepted by all police officers or managers
-difficulty coming to a consensus regarding what is considered a “community problem”

129
Q

discretion equals __________

A

choice

130
Q

even as police agencies adapt to threats posed by terrorism, individual officers still retain a considerable amount of __________

A

discretion

131
Q

a benefit of hiring educated police officers

A

better written reports

132
Q

a problem with hiring an educated police officer

A

-more likely to leave police work
-more likely to question orders
-more likely to request else where

133
Q

law enforcement agencies use a variety of applicant screening methods

A

-personal interviews
-basic skills test
-physical agility measures
-medical exams
-drug tests
-background investigations
-psychological testing

Criminal Justice (1 decks)

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