Midterm Flashcards
regulating human interaction
what do laws do
enforce moral beliefs
what do laws do
define moral beliefs
what do laws do
enhance predictability
what do laws do
support the powerful
what do laws do
sustain individual rights
what do laws do
redressing wrongs
what do laws do
identify wrongdoers
what do laws do
where are laws found
statutory provisions and constitutional enactments, as well as 100 of years of court at all levels
the written or codified law
what is stationary law
the law on the books
what is stationary law
as enacted by legislative action
what is stationary law
the written form of criminal law
what is stationary law
what is the penal code
the written form of criminal law
interoperating statutory laws
courts interpretation, case law, and common law
case law
results from judicial decision
common law
the traditional body of unwritten historical precedents created from social customs, rules, and practices, which may be supported by judicial decisions
rule of law
holds that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all its members
jurisprudence
the philosophy and study of criminal law and application of it
resonable suspicion
reasonable belief through anticable circumstances that criminal activity might be afoot
criminal law
type of law
civil law
type of law
administrative law
type of law
case law
type of law
procedural law
type of law
criminal law
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
crimes injure not just individuals, but society as a whole
criminal law
punishment for violators of ________ ________ is justified by the fact that the offender intended the harm and is responsible for it
criminal law
what is on type of written criminal law
substantive law
what is the other type of written criminal law
procedural law
substantive law
describes which acts constitute crimes and specific punishments for those acts
procedural law
specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system
two types of written law
substantive and procedural law
civil law
governs relationships between and among people, businesses and other organizations, and agencies of government
tort
a violation of civil law
civil law is concerned more with _______ than intent
liability
there are two results of civil law which are ________ or a loss of money
injunction
administrative law
the body of regulations that governments create to control the activities of businesses, industry, and individuals
administrative law can overlap with ________ law
criminal
comes from judicial decisions
case law
referred to as the law of precedent
case law
under stare decisis, the courts recognize previous decisions and precedents to guide future deliberations
case law
operates along two dimensions, the vertical and the horizontal
case law
procedural law
type of statutory law that regulates the processing of an offender by the criminal justice system
general rules of evidence
procedural law
search and seizure
procedural law
procedures to be followed during and after an arrest
procedural law
balance suspects’ rights against the state’s interest in speedy and efficient case processing
procedural law
there are five general categories of crime violations, what are they?
felonies, misdemeanors, offenses (infractions), treason and espionage, and inchoate offenses
felonies
serious crimes that are punishable by a year or more in prison or by death
convicted ______ may lose certain privileges
felons
many states and the federal government use a number or letter scheme to differentiate among the varying degrees of severity of _______ _________
felony crimes
misdemeanor
less serious crimes that are punishable by up to a year in a local correctional facility
most ________ receive a fine and probation
misdemeanors
offenses (infractions)
violations of the criminal law, but specifically to refer to minor violations of the law that are less serious than misdemeanors
people committing _______ are usually given a ticket and released until court
infractions
treason and espionage
serious felonies
treason
a U.S. citizen’s action to help a foreign government overthrow, make war against, or seriously injure the United States
espionage
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
inchoate offenses
offenses not yet completed to which consists of an action or conduct that is a step toward the intended commission of another offense
what are the two general features of crimes
acus reus and mens rea
actus reus
the criminal act
mens rea
culpable mental state
the guilty act, there has to be an act, and thoughts alone are not sufficient to constitute a crime
acus reus
a guilty mind and refers to a person’s mental state at the time the act was committed
mens rea
what are the four levels of mens rea
purposeful, knowing, reckless, and negligent
elements of a specific crime
specific legal aspects that the prosecution must prove beyond a reasonable doubt to obtain a conviction
corpus delicti
“body of a crime”, a person cannot be charged for a crime without the criminal law being violated and a person being criminally responsible
there are four broad defenses to a criminal charge that shows the defense that they are not liable for the said criminal charge
alibi, justification, excuses, and procedural defenses
justification
admits committing the crime, but they have enough justification for their actions
self-defense, defense of others, defense of home and/or property, necessity, consent, and resisting unlawful arrest
justification
excuses
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
duress, age mistake, involuntary intoxication, provocation, insanity, diminished capacity, and mental incompetence
excuses
procedural defense
the defendant claims they were discriminated against in a process that would not properly follow in the investigation or prosecution
entrapment, double jeopardy, collateral estoppel, selected prosecution, denial of speedy trial, prosecutorial misconduct, and police fraud
procedural defense
much of early American policing was based on the ______ model
British
who is the father of modern police
Robert Peel
was uniformed, was structured along military lines, and became a model for police forces worldwide
london metropolitan police
early amerian law enforcement was based on England’s experience yet unique to the reality of _________ and _________
-colonialism
-expansionism
what lands lacked established police forces that made so many settlers turn to vigilantism
frontier
1844
new york city police department started up
1855
boston city police department started up
the 20th century saw great ______ and _____ enforcement reform
-social
-law
1902
international association of chiefs of police was formed
1910
the first policewoman was hired in los angeles
1915
fraternal order of police (FOP) was established
1915 to 1925
cities employed policewomen
what three inventions impacted the police
telephone, automobiles, and radios
the ________ commission eventually recognized that prohibition was unenforceable and contributed to corruption
wickersham
the Kansas city experiment
tested the use of preventive patrol on crime rates and citizens’ fear of crime
what did the Kansas City experiment reveal?
-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
evidence based policing today
uses research into everyday police procedures to evaluate current practices and to guide officers and police executives in future decision making
evidence based policing has been called the signle “most _________ _________ for change” in policing today
most powerful
what are the three major legislative and jurisdictions that exist in American policing today
-federal
-federal bureau of investigation
-state level
federal agencies
federal law enforcement agencies are distributed among 14 U.S., government departments and 28 non departmental entities
federal bureau of investigation (FBI)
it was designed originally to help the federal government investigate political and business corruption
FBI also operates
-national computer crime squad (NCCS)
-combined DNA index system (CODIS)
-a criminal justice information services division
-full-scale crim laboratory
-national academy programs
FBI maintains
-counterterrorism division
-national threat warning system
-flying squads
-joint terrorism task force (JTTF)
state level agencies
most state police agencies were created in the late nineteenth or early twentieth century
what are the two models of state police agencies
-centralized
-decentralized
centralized state police agencies
-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
decentralized state police agencies
-separates state highway patrol from other duties
-other duties performed by adjunct state-level law enforcement agencies
what are three varieties that local agencies encompass
-municipal departments
-sheriff’s departments
-specialized groups, like campus police and transit police
key parts of municipal police departments
-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
private protective services
-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
these occur with the growth of protective services
-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
private protective services integrate private and public security by
becoming more integrated with more of a cooperative crime-fighting potential
what are some aspects of the police mission
-enforce and support laws
-investigate crimes/apprehend offenders
-prevent crime
-ensure domestic peace and tranquility
-provide the community with enforcement related services
what are the five core operational strategies
-preventive patrol
-routine incident response
-emergency response
-criminal investigation
-problem solving
what is an aspect of ancillary operational strategy
supportive services
what are some supportive services
-dispatch
-training
-personnel
-property control
-record keeping
what are two types of police organization and structure
-line operations
-staff operations
line operations
field activities or supervisory activities directly related to day to day police work
staff operations
include support role, such as administration
chain of command is
a representation of authority and is structured by military standards
what are the three styles of policing
-watchman
-legalistic
-service
watchman style of policing
-in lower or lower-middle-class areas that have a lot of crime
-order maintenance
-controlling illegal and disruptive behavior
-considerable use of discretion
legalistic style of policing
committed to enforcing a zero tolerance policy
service style of policing
-strive to meet community needs
-concerned with helping rather than strictly enforcing the laws
-more likely to supplement law enforcement activities with community resources
Police community relations (PCR)
-movement began in the 1960s and 1970s
-movement recognizes the need for the police and the community to work together (neighborhood watch)
team policing
-an extension of the PCR movement
police become more familiar with the people of their districts and their problems and concerns through ________ __________
team policing
community policing as corporate strategy
some suggest that police departments operate like corporations, and that community policing is the newest strategy
community policing
-strategic policing
-problem solving
strategic policing
enlarges the enforcement target to include nontraditional kinds of criminals
problem-solving
takes the view that many crimes are caused by existing social conditions
community policing involves at least one of these four elements
-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
some criticize community policing, citing problems such as:
-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”
discretion equals __________
choice
even as police agencies adapt to threats posed by terrorism, individual officers still retain a considerable amount of __________
discretion
a benefit of hiring educated police officers
better written reports
a problem with hiring an educated police officer
-more likely to leave police work
-more likely to question orders
-more likely to request else where
law enforcement agencies use a variety of applicant screening methods
-personal interviews
-basic skills test
-physical agility measures
-medical exams
-drug tests
-background investigations
-psychological testing
