Midterm

Question 1

Peelian Reform

Answer 1

Sir Robert Peel was known as the “father of modern
policing”

Peel’s principles for reform called for:

Local responsibility for law and order;

Appointed, paid civilians to assume this responsibility; and,

Standards for conduct and organization.

Peel’s proposals led to the organization of the
Metropolitan police of London in 1829.

Question 2

Our Complex System of Laws

Answer 2

Form – written or unwritten common law

Source – constitutional, statutory, case

Parties involved – public, private

Offense – criminal, civil

Question 3

Criminal

Answer 3

Public wrong

State prosecutes

Seeks to punish

Criminal intent required

Question 4

Tort

Answer 4

Private wrong

Individual prosecutes

Seeks redress for injury
(restitution)

Intent not necessary

Question 5

Order of Authority of Law

Answer 5

1.U.S. Constitution

2.Treaties with Foreign Powers

3.Acts of Congress

4.State Constitutions

5.State Statutes

6.Common Law/Case Law

Question 6

The First Amendment

Answer 6

Freedom of Religion

Freedom of Speech

Freedom of the Press

Freedom of Peaceable
Assembly

Freedom of Petition

Question 7

The Second Amendment

Answer 7

Gun ownership issues

The Brady Law

Question 8

The Fourth Amendment

Answer 8

Requires probable cause

Forbids unreasonable
search and seizure

Exclusionary Rule:

Weeks v. United States

Mapp v. Ohio

Question 9

The Fifth Amendment

Answer 9

Guarantees:

Due process: substantive & procedural

Prohibits:

Double jeopardy

Self-incrimination

Question 10

The Sixth Amendment

Answer 10

Establishes requirements for criminal trials:

A speedy public trial by an impartial jury of one’s
peers

Be informed of the nature and cause of the accusation

Be confronted with and able to cross-examine
witnesses against one’s self

Subpoena witnesses in one’s defense

Be represented by legal counsel

Question 11

The Eighth Amendment

Answer 11

Bail

Cruel and unusual
punishment – issues
regarding the death
penalty

Question 12

The Ninth Amendment

Answer 12

Government powers are
limited by the rights of
the people

Griswold v. Connecticut
(1965) – zones of
privacy

Question 13

The Fourteenth Amendment

Answer 13

Selective Incorporation Doctrine

only those provisions of the Bill of Rights fundamental to the
American legal process are applicable to the states through the due
process clause

the Second Amendment remains nonincorporated (i.e., not made
applicable to the states)

Due Process

Specifically orders state and local officers to provide the legal
protections of due process.

Equal Protection

“all people are created equal”

Question 14

Felony

Answer 14

a serious crime

generally punishable

by death or
imprisonment for more
than one year

Question 15

Misdemeanor

Answer 15

generally punishable
by a fine or a short
term of confinement,
usually less than one
year

Question 16

Actus reus

Answer 16

material
elements of the criminal act

Question 17

Mens rea

Answer 17

criminal intent

Question 18

Police Power

Answer 18

Police power is derived from the U.S. Constitution,
U.S. Supreme Court decisions, federal statutes, state
constitutions, state statutes, state court decisions and
various municipal charters and ordinances.

Police power ultimately rests with the people because
their elected representatives create the laws that the
police enforce.

Police power is restricted by the Constitution, the 14th
Amendment, and the courts.

Question 19

White-Collar Crime

Answer 19

Referred to as economic crime and includes:

Credit card and check fraud ( incl. identity theft)

Securities theft and fraud

Insurance fraud

Consumer fraud, illegal competition and deceptive practices

Bankruptcy fraud

Embezzlement and pilferage

Bribes, kickbacks, and payoffs

Receiving stolen property.

Question 20

Organized Crime

Answer 20

Characterized by corruption and enforcement powers

Mafia/La Cosa Nostra (Italian) –most well-known

Russian organized crime (ROC) becoming an
increasing threat

Phishing – on the rise and linked to organized crime
groups

Question 21

Bias Crime

Answer 21

Also called hate crime

Motivated by:

Race (most frequent)

Religion

Disability

Sexual orientation

Ethnicity

Question 22

Why do we have police?

Answer 22

It is the police who can demand conformity to
society’s laws and expectations.

Police are necessary when coercion is required to
enforce the laws.

Question 23

Sources of Police Authority

Answer 23

Constitution and Bill of Rights

Federal Government
(laws)

State Government
(laws)

Local Government
(laws)

Citizens

Federal Courts

State Courts

Local Courts

Question 24

Traditional Goals of Policing

Answer 24

Enforce laws.

Preserve the peace.

Prevent crimes.

Protect civil rights and civil liberties.

Provide services.

Question 25

Protecting Constitutional Rights

Answer 25

National Advisory Commission on Criminal
Justice Standards and Goals:

“If the overall purposes of the police
service
in today’s society were narrowed to a
single
objective, that objective would be to
preserve
the peace in a manner consistent
with the
freedoms
secured by the
Constitution.”

Concern for crime control must be balanced by
concern for due process – a large challenge for
law enforcement.

Question 26

Providing Services

Answer 26

The first sentence of the Law Enforcement Code of
Ethics:

“As a law enforcement officer, my
fundamental
duty is to serve the
community.”

Many police departments have as their motto: “To Serve
and Protect.”

Question 27

Communication is the lifeline of the
police department.

Answer 27

Roll call

Radio/phone communication

Computers

Interoperability

NCIC

Dispatchers

911 Systems

Question 28

Field
Services

Answer 28

Patrol

Community Services

Traffic

Investigation

Question 29

Police Subculture

Answer 29

Subculture: any group demonstrating specific
patterns of behavior that distinguish it from
others within society.

Police subculture commonly referred to as “The
Blue Brotherhood.”

Us vs. Them attitude

Code of Silence

Question 30

4 Basic Styles of Policing

Answer 30

Enforcer [most likely to use
excessive force ]

Crime fighter/zealot

Social service agent

Watchdog

Question 31

The Police Image

Answer 31

“The police officer’s uniform has a
profound psychological impact on
others. . . . The uniform of a police
officer conveys the power and
authority of the person wearing it.
. . . Citizens in the presence of a
person in a police uniform
cooperate more and curb their
illegal or deviant behaviors.”
(Johnson, 2001, pp.27, 31).

Question 32

What is community policing?

Answer 32

Community policing is a philosophy that stresses
working proactively in partnership with citizens to
prevent crime and to solve crime-related problems.

Community policing is neither a project nor a
program. It is a culture.

Community policing is viewed by many as a
paradigm shift from the traditional, professional
model of policing.

Success depends on the officers on the street

Question 33

Importance of Community

Answer 33

Sense of community is the “glue” that binds
communities to maintain order and provides the
foundation for effective community action.

Social capital

Local social capital

Public social capital

Lack of community

Broken windows

Question 34

The Crime Triangle

Answer 34

Victim, Suspect, and Location

Without one aspect the crime is neutralized or prevented.