Midterm Exam Flashcards
Week 1-7
Critical Thinking Analysis
Subjectively reviewing data & making decisions based on the facts of the data.
Crime (define)
An action or activity punishable under the law.
Criminal Justice System
Police, Courts, Corrections.
Domestic Terrorism
Homegrown in the U.S. and involves political, religious, racial, or of a social nature.
2nd Amendment
The right of the people to keep and bear arms.
Ethics
Doing what is right morally, legally, and socially.
Crimes against Property
Include: burglary, theft, arson, embezzlement or fraud, or auto theft
Crimes against Person
Include: murder, sex crimes, battery, and robbery.
Levels of Law Enforcement
Municipal, County, State, and Federal.
Gun violence & Mass Shootings
Guns are used in 73% of murders, 39% of robberies, and 26% of aggravated assaults.
RICO (define)
Racketeer Influenced and Corrupt Organizations Act: illegal to receive income from illegal schemes or racketeering (criminal enterprises).
Racketeering
Earning illegal income, involving more than one person.
Learning Outcomes (how many?)
4
Criminology
The study of why people commit crimes.
Theory
Explanation of an occurrence based on observations, experimentations, and reasoning.
Hypothesis
Proposition that can be tested by researcjers or observers to determin if it is valid.
U.S. Constitution
Gives the president the right to appoint fed judges with consent of Senate.
Modern day causes of crimes
Poor neighborhoods/Economic disadvantages (ghetto & barrios)
Karl Max (1818-1883)
Father of communism: The labor of the lower classes provides the basis for the accumulated wealth of the upper classes.
Sigmund Freud (1856-1939)
The most well-known psychologist said, “personality is made up of 3 components: id, ego, superego.”
Criminal Sanction
Punishment
Punishment
Stresses the protection of society by incarcerating, with thoughts of retribution, and deterrence.
Treatment
protection by changinig the offender so he or she stops commiting crimes, with thoughts of rehabilitation and reintegration (re- entry).
In most states, Recidivism rates are ____, whereby most offenders will reoffend.
High
Classical Theories
Promote punishment as central to criminal justice policy
- Felonies v. Misdemeanors, three-stikes law.
Public Safety Realignment Bill
AB 109 in California
Probation is a _____ function, and Parole is a _____ function.
county, state.
Four functions of Parole and Probation are ____.
Pre-sentence Investigation, intake processing, diagnoses needs assessment, and client supervision.
DNA (spell it all out)
Deoxyribonucleic acid
Preponderance of the evidence
The standard or burden of proof, sufficient evidence to show more likely than not there is responsibility and the person committed the wrongful act.
The standard or burden of crime cases is ____.
Beyond a reasonable doubt
The primary pupse or function of the criminal law is to help maintain ______ and ____.
Social order, stability.
Crime classification
Felonies: punishable by incarceration or the
death penalty.
Misdemeanors: lesser offenses punishable by jail for less than a year.
Theories
concepts or ideas must be tested to determine validity.
The Nature, Purpose, and Function of Criminal Law
The law defines the conduct that leads to an arrest by the police, trial before the courts, and incarceration in prison.
Infractions
noncriminal offenses punishable by fines (traffic).
1st Amendment
Guarantees basic freedom of speech, religion, press, and assembly and the right to petition the gov’t for redress of grievances.
Social scientists
Believe to be considered a theory, the explanations must be clearly stated, logically interrelated, and
measurable propositions.
Research
Allows the development of strategies, or policies, intended to address the problem of crime.
Jurisdiction
Power of a court to hear a case, requires standing or the capacity to fall under a court’s jurisdiction.
Dual Sovereignty
The sharing of power between the federal and state governments.
Rodney King Example:
In the state trial for the battery charges the officers were acquitted by an all-Caucasian jury in a state court in Simi Valley, California, leading to widespread protest and disorder in Los Angeles.
Mala in se
Descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law.
Mala prohibita
Descriptive term for acts that are illegal by criminal statute and are not necessarily wrong in and of themselves.
Causation
The defendant’s act must cause the harm required for criminal guilt.
Domestic Violence
The most dangerous Call For Service (CFS) police officers handle.
Statutory rape
Strict liability offense (unlawful sexual intercourse)
Black people are arrested for______.
37 percent of violent crimes, 30 percent of property crimes 15 times.
1 in 5 hate crimes in the United States are directed toward ______.
LQBTQ individuals.
Regardless of race, living in a disadvantaged neighborhood leads to ______.
higher risks of being a violent offender or victim of a violent offender.
11 percent of the United States population over the age of 18 suffer from some form of _____.
Mental illness
American law derived from ________.
English common law
Constitutional Law
Written in U.S. Constitutions and the Amendments
Statutory law
Created by federal, state, and local legislatures
Administrative Law
Rules, state gov’t regulations
Case Law
Court case precedent or state decisis
Criminal law purpose is to ______ and another function is to______.
Protect and punish, and maintain social order by protecting citizens from harm.
Murder (define)
is the unlawful killing of a human by another with malice aforethought premeditation and deliberation.
Actus Reus
Physical act
Mens Rea
Mental state of mind
Malice aforethought is the _____ required for murder, it is the subjective intent to kill.
Mens Rea
Voluntary Manslaughter
Intentional killing with malice of another where there is Adequate Provocation (heat of passion) crime where emotional heat of the act mitigates the malice aforethought.
Involuntary Manslaughter
The killing of a human with gross negligence. high or gross disregard for the safety of others resulting in the commission of a crime, a higher degree than ordinary negligence.
Vehicular homicide/ manslaughter
Manslaughter elements of highly gross disregard for the safety of others.
Involuntary intoxication
Person physically forced to ingest intoxicating substance.
Voluntary intoxication
Defense attorney shows defendant was so intoxicated that men’s rea was negated.
Elements required for negligence
Duty, Breach, and Damage.
Mistake of fact
Can be a defense: where a criminal act was a reliance on a fact (belief property taken in a burglary was legally obtainable according to a con conspirator) that actually was not true, will disprove a criminal charge if it was honestly entertained based on reasonable grounds and conduct would have been lawful had the fact been as supposed.
Mistake of law
Generally no defense, ignorance of the law is no defense.
Justification
Lawful reason for an act, where there is an explanation with supporting facts.
Ex.) Self-defense
Excuse
An act on its face is wrong, but the circumstances are such as to provide a reason for not punishing.
1st Amendment
Freedom of speech, right to assemble, right to religion, right to express beliefs through freedom to speak.
4th Amendment
The right to be free from unreasonable searches, the right to be free from unreasonable seizures.
5th Amendment
The right to grand jury indictment* (federal cases only), right against double jeopardy, right to due process* (federal cases only, but see 19),
and right against self-incrimination.
6th Amendment
The right to a speedy trial, right to a public trial, right to an impartial jury.
8th Amendment
The right against excessive bail, right against excessive fines (federal cases and prob states), right against cruel and unusual punishment.
14th Amendment
The right to due process of law in state criminal proceedings, and the right to equal protection of the law in state criminal proceedings.
4 basic responsibilities of Police
Enforce Laws
Provide Services
Prevent Crimes
Preserve the Peace
De-escalation
Police tactics are designed to avoid physical confrontations, assess threat to determine if force is necessary, the use of verbal communication (verbal judo).
1838 Boston Police Department was formed, ___.
Oldest Police Department in America
1829 the Metropolitan Police Act, created the London Metropolitan Police, written by _______.
Sir Robert Peel, father of modern policing
Four levels of Government in the United States
Municipal: (cities)- law enforcement are police departments: 80 percent of all sworn police officers in America.
County: Primary law enforcement is the Sherrif Office: usually elected, maintains jails, protects courthouses, and civil process serving.
State: Primary law enforcement is the Highway Patrol or State Troopers.
Federal: Law enforcement agencies: Department of Justice- Federal Bureau of Investigation (FBI)
Affirmative Action: Federal law enacted in 1972
Hiring or promotion policies favoring those groups, such as women, Black, and Latinx who have suffered from discrimination in the past, implemented to assist in the increasing of police department diversity.
Basic requirements to become a police officer:
U.S. citizen, no felony convictions, State driver’s license, At least 21 years old, Meet weight and
eyesight requirements.
Benefits of diverse police force
People of color represent a broad source of talent in the country, and their talent can only enhance the effectiveness of law enforcement.
Law Enforcement Code of Ethics
As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property.
I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule.
I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions.
I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service.
FIRAC
A format for studying, reading, and analyzing case law.
Facts, Issue, Rule, Analysis, Conclusion
Race and ethnicity in law enforcement is _____.
Double marginality
Police Discretion
Reasonable decisions to protect themselves
Bureaucracy
Hierarchically structured administrative organization that carries out specific functions.
Forensic Investigations
Trace evidence like fingerprints, blood, hair, and fibers.
Broken Windows Theory
Neighborhoods in disrepair signal criminal activity, if a window is broken, graffiti, homes or businesses in disrepair.
Three policies strategies
Community Oriented Policing (COP)
Problem-Oriented Policing (POP)
Transformational Policing Model (TPM)
Police subculture
Values and perceptions shared by members of law enforcement, Core values of the police subculture.
Socialization
Process for police officers includes values and expected behaviors. Includes learning from senior officers, field training officers, and supervisors.
Graham v. Connor (1989)
The Court recognized officers must make split-second decisions without worrying about legal ramifications.
U.S. Supreme Court and use of force- Tennessee v. Garner (1985)
offered restrictions on fleeing felons; It is not better that all felony suspects die than that they escape.
Use of Force
Should be judged by the reasonableness of the officer on the scene, rather than 20/20 vision of hindsight. — not subjective
Burnout or PTSD
Common among police officers. It is mental exhaustion normally from overwork and stress but can combine with stressful home life, families, bills, etc.
Types of Force
Nondeadly: force not likely to cause death or serious injury.
Reasonable force: the amount used was necessary under the circumstances.
Deadly Force: that is likely to cause death or serious injury. Excessive force exceeds reasonable under the circumstances.
Internal Affairs Unit (IA)
The unit within a police department that investigates allegations of misconduct
Police Liability
Criminal charges: officers can be charged for unreasonable use of force, including aggravated assault and murder.
Police Officer Discretion
One course and scope of duties, qualified immunity.
Exceptions to the 4th Amendment
Voluntary Consent: Factors considered for a valid search include: The age, intelligence, and physical condition of the consenting subject.
Exigent Circumstances: Where officer perceives immediate harm. This combines probable
cause to articulate the emergency.
Inevitable Discovery: The contraband or evidence would be discovered eventually during
Search.
Plain View: If police officers are legally engaged in police work and happen to see evidence of a
crime in “plain view,” they may seize it without a warrant.
Probable Cause
Any articulable facts that would lead a reasonable person to believe criminal activity is afoot.
Exclusionary Rule
Evidence illegally seized shall be inadmissible as the fruits of the poisonous tree.
Katz v. United States (1967)
Reasonable expectation of privacy.
Automobile Exception
If police officers have probable cause to believe that an automobile contains evidence of a crime, they may, in most instances, search the vehicle without a warrant.
Airport Exemption
Baggage and person may be searched without consent, safety of public is the primary concern.
Racial Profiling
Remedies of racial profiling include a civil lawsuit against the law enforcement agency.
When does the 5th Amendment apply?
The Fifth Amendment guarantees protection against self-incrimination. Applies when
the suspect is in Custodial interrogation.
Crime Control Model
Primary emphasis on the right of society to be protected from crime and violent criminals
Due Process Model
Emphasizes the right of the individual to be protected from the power of the gov’t.
