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Intro to Criminal Justice > Midterm Exam > Flashcards

Midterm Exam Flashcards

Week 1-7

1
Q

Critical Thinking Analysis

A

Subjectively reviewing data & making decisions based on the facts of the data.

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2
Q

Crime (define)

A

An action or activity punishable under the law.

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3
Q

Criminal Justice System

A

Police, Courts, Corrections.

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4
Q

Domestic Terrorism

A

Homegrown in the U.S. and involves political, religious, racial, or of a social nature.

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5
Q

2nd Amendment

A

The right of the people to keep and bear arms.

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6
Q

Ethics

A

Doing what is right morally, legally, and socially.

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7
Q

Crimes against Property

A

Include: burglary, theft, arson, embezzlement or fraud, or auto theft

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8
Q

Crimes against Person

A

Include: murder, sex crimes, battery, and robbery.

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9
Q

Levels of Law Enforcement

A

Municipal, County, State, and Federal.

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10
Q

Gun violence & Mass Shootings

A

Guns are used in 73% of murders, 39% of robberies, and 26% of aggravated assaults.

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11
Q

RICO (define)

A

Racketeer Influenced and Corrupt Organizations Act: illegal to receive income from illegal schemes or racketeering (criminal enterprises).

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12
Q

Racketeering

A

Earning illegal income, involving more than one person.

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13
Q

Learning Outcomes (how many?)

A

4

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14
Q

Criminology

A

The study of why people commit crimes.

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15
Q

Theory

A

Explanation of an occurrence based on observations, experimentations, and reasoning.

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16
Q

Hypothesis

A

Proposition that can be tested by researcjers or observers to determin if it is valid.

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17
Q

U.S. Constitution

A

Gives the president the right to appoint fed judges with consent of Senate.

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18
Q

Modern day causes of crimes

A

Poor neighborhoods/Economic disadvantages (ghetto & barrios)

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19
Q

Karl Max (1818-1883)

A

Father of communism: The labor of the lower classes provides the basis for the accumulated wealth of the upper classes.

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20
Q

Sigmund Freud (1856-1939)

A

The most well-known psychologist said, “personality is made up of 3 components: id, ego, superego.”

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21
Q

Criminal Sanction

A

Punishment

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22
Q

Punishment

A

Stresses the protection of society by incarcerating, with thoughts of retribution, and deterrence.

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23
Q

Treatment

A

protection by changinig the offender so he or she stops commiting crimes, with thoughts of rehabilitation and reintegration (re- entry).

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24
Q

In most states, Recidivism rates are ____, whereby most offenders will reoffend.

A

High

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25
Q

Classical Theories

A

Promote punishment as central to criminal justice policy
- Felonies v. Misdemeanors, three-stikes law.

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26
Q

Public Safety Realignment Bill

A

AB 109 in California

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27
Q

Probation is a _____ function, and Parole is a _____ function.

A

county, state.

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28
Q

Four functions of Parole and Probation are ____.

A

Pre-sentence Investigation, intake processing, diagnoses needs assessment, and client supervision.

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29
Q

DNA (spell it all out)

A

Deoxyribonucleic acid

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30
Q

Preponderance of the evidence

A

The standard or burden of proof, sufficient evidence to show more likely than not there is responsibility and the person committed the wrongful act.

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31
Q

The standard or burden of crime cases is ____.

A

Beyond a reasonable doubt

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32
Q

The primary pupse or function of the criminal law is to help maintain ______ and ____.

A

Social order, stability.

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33
Q

Crime classification

A

Felonies: punishable by incarceration or the
death penalty.

Misdemeanors: lesser offenses punishable by jail for less than a year.

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34
Q

Theories

A

concepts or ideas must be tested to determine validity.

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35
Q

The Nature, Purpose, and Function of Criminal Law

A

The law defines the conduct that leads to an arrest by the police, trial before the courts, and incarceration in prison.

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36
Q

Infractions

A

noncriminal offenses punishable by fines (traffic).

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37
Q

1st Amendment

A

Guarantees basic freedom of speech, religion, press, and assembly and the right to petition the gov’t for redress of grievances.

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38
Q

Social scientists

A

Believe to be considered a theory, the explanations must be clearly stated, logically interrelated, and
measurable propositions.

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39
Q

Research

A

Allows the development of strategies, or policies, intended to address the problem of crime.

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40
Q

Jurisdiction

A

Power of a court to hear a case, requires standing or the capacity to fall under a court’s jurisdiction.

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41
Q

Dual Sovereignty

A

The sharing of power between the federal and state governments.

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42
Q

Rodney King Example:

A

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.

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43
Q

Mala in se

A

Descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law.

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44
Q

Mala prohibita

A

Descriptive term for acts that are illegal by criminal statute and are not necessarily wrong in and of themselves.

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45
Q

Causation

A

The defendant’s act must cause the harm required for criminal guilt.

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45
Q

Domestic Violence

A

The most dangerous Call For Service (CFS) police officers handle.

46
Q

Statutory rape

A

Strict liability offense (unlawful sexual intercourse)

47
Q

Black people are arrested for______.

A

37 percent of violent crimes, 30 percent of property crimes 15 times.

48
Q

1 in 5 hate crimes in the United States are directed toward ______.

A

LQBTQ individuals.

49
Q

Regardless of race, living in a disadvantaged neighborhood leads to ______.

A

higher risks of being a violent offender or victim of a violent offender.

50
Q

11 percent of the United States population over the age of 18 suffer from some form of _____.

A

Mental illness

51
Q

American law derived from ________.

A

English common law

52
Q

Constitutional Law

A

Written in U.S. Constitutions and the Amendments

53
Q

Statutory law

A

Created by federal, state, and local legislatures

54
Q

Administrative Law

A

Rules, state gov’t regulations

55
Q

Case Law

A

Court case precedent or state decisis

56
Q

Criminal law purpose is to ______ and another function is to______.

A

Protect and punish, and maintain social order by protecting citizens from harm.

57
Q

Murder (define)

A

is the unlawful killing of a human by another with malice aforethought premeditation and deliberation.

58
Q

Actus Reus

A

Physical act

59
Q

Mens Rea

A

Mental state of mind

60
Q

Malice aforethought is the _____ required for murder, it is the subjective intent to kill.

A

Mens Rea

61
Q

Voluntary Manslaughter

A

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.

62
Q

Involuntary Manslaughter

A

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.

63
Q

Vehicular homicide/ manslaughter

A

Manslaughter elements of highly gross disregard for the safety of others.

64
Q

Involuntary intoxication

A

Person physically forced to ingest intoxicating substance.

65
Q

Voluntary intoxication

A

Defense attorney shows defendant was so intoxicated that men’s rea was negated.

66
Q

Elements required for negligence

A

Duty, Breach, and Damage.

67
Q

Mistake of fact

A

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.

68
Q

Mistake of law

A

Generally no defense, ignorance of the law is no defense.

69
Q

Justification

A

Lawful reason for an act, where there is an explanation with supporting facts.
Ex.) Self-defense

70
Q

Excuse

A

An act on its face is wrong, but the circumstances are such as to provide a reason for not punishing.

71
Q

1st Amendment

A

Freedom of speech, right to assemble, right to religion, right to express beliefs through freedom to speak.

72
Q

4th Amendment

A

The right to be free from unreasonable searches, the right to be free from unreasonable seizures.

73
Q

5th Amendment

A

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.

74
Q

6th Amendment

A

The right to a speedy trial, right to a public trial, right to an impartial jury.

75
Q

8th Amendment

A

The right against excessive bail, right against excessive fines (federal cases and prob states), right against cruel and unusual punishment.

76
Q

14th Amendment

A

The right to due process of law in state criminal proceedings, and the right to equal protection of the law in state criminal proceedings.

77
Q

4 basic responsibilities of Police

A

Enforce Laws
Provide Services
Prevent Crimes
Preserve the Peace

78
Q

De-escalation

A

Police tactics are designed to avoid physical confrontations, assess threat to determine if force is necessary, the use of verbal communication (verbal judo).

79
Q

1838 Boston Police Department was formed, ___.

A

Oldest Police Department in America

80
Q

1829 the Metropolitan Police Act, created the London Metropolitan Police, written by _______.

A

Sir Robert Peel, father of modern policing

81
Q

Four levels of Government in the United States

A

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)

82
Q

Affirmative Action: Federal law enacted in 1972

A

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.

83
Q

Basic requirements to become a police officer:

A

U.S. citizen, no felony convictions, State driver’s license, At least 21 years old, Meet weight and
eyesight requirements.

84
Q

Benefits of diverse police force

A

People of color represent a broad source of talent in the country, and their talent can only enhance the effectiveness of law enforcement.

85
Q

Law Enforcement Code of Ethics

A

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.

86
Q

FIRAC

A

A format for studying, reading, and analyzing case law.

Facts, Issue, Rule, Analysis, Conclusion

87
Q

Race and ethnicity in law enforcement is _____.

A

Double marginality

88
Q

Police Discretion

A

Reasonable decisions to protect themselves

89
Q

Bureaucracy

A

Hierarchically structured administrative organization that carries out specific functions.

90
Q

Forensic Investigations

A

Trace evidence like fingerprints, blood, hair, and fibers.

91
Q

Broken Windows Theory

A

Neighborhoods in disrepair signal criminal activity, if a window is broken, graffiti, homes or businesses in disrepair.

92
Q

Three policies strategies

A

Community Oriented Policing (COP)
Problem-Oriented Policing (POP)
Transformational Policing Model (TPM)

93
Q

Police subculture

A

Values and perceptions shared by members of law enforcement, Core values of the police subculture.

94
Q

Socialization

A

Process for police officers includes values and expected behaviors. Includes learning from senior officers, field training officers, and supervisors.

95
Q

Graham v. Connor (1989)

A

The Court recognized officers must make split-second decisions without worrying about legal ramifications.

96
Q

U.S. Supreme Court and use of force- Tennessee v. Garner (1985)

A

offered restrictions on fleeing felons; It is not better that all felony suspects die than that they escape.

97
Q

Use of Force

A

Should be judged by the reasonableness of the officer on the scene, rather than 20/20 vision of hindsight. — not subjective

98
Q

Burnout or PTSD

A

Common among police officers. It is mental exhaustion normally from overwork and stress but can combine with stressful home life, families, bills, etc.

99
Q

Types of Force

A

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.

100
Q

Internal Affairs Unit (IA)

A

The unit within a police department that investigates allegations of misconduct

101
Q

Police Liability

A

Criminal charges: officers can be charged for unreasonable use of force, including aggravated assault and murder.

102
Q

Police Officer Discretion

A

One course and scope of duties, qualified immunity.

103
Q

Exceptions to the 4th Amendment

A

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.

104
Q

Probable Cause

A

Any articulable facts that would lead a reasonable person to believe criminal activity is afoot.

105
Q

Exclusionary Rule

A

Evidence illegally seized shall be inadmissible as the fruits of the poisonous tree.

106
Q

Katz v. United States (1967)

A

Reasonable expectation of privacy.

107
Q

Automobile Exception

A

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.

108
Q

Airport Exemption

A

Baggage and person may be searched without consent, safety of public is the primary concern.

109
Q

Racial Profiling

A

Remedies of racial profiling include a civil lawsuit against the law enforcement agency.

110
Q

When does the 5th Amendment apply?

A

The Fifth Amendment guarantees protection against self-incrimination. Applies when
the suspect is in Custodial interrogation.

111
Q

Crime Control Model

A

Primary emphasis on the right of society to be protected from crime and violent criminals

112
Q

Due Process Model

A

Emphasizes the right of the individual to be protected from the power of the gov’t.

Intro to Criminal Justice (5 decks)

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