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criminal justice > midterm (notes from lecture) > Flashcards

midterm (notes from lecture) Flashcards

1
Q

three primary components of the criminal justice system

A

law enforcement, courts, corrections

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2
Q

criminal justice system

A

comprises institutions, policies, and practices with the goal of social control and deterring crime through sanctions and rehabilitation

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3
Q

law enforcement

A

investigates crimes and apprehends individuals alleged to have committed crimes

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4
Q

law enforcement apprehends alleged individuals because

A

innocent until proven guilty

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5
Q

courts

A

interpret and apply the law

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6
Q

corrections

A

incarceration in jails or prisons, in some cases consisting of supervision in the community, parole, or probation

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7
Q

size of the criminal justice system

A

very large and very costly; more than 6.6 million adults being supervised in jails, prisons, or on parole in 2016

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8
Q

what people are imprisoned at higher rates?

A

men and people of color

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9
Q

_________ ____________ of __________ and ___________ affect ________ of punishment

A

personal characteristics of the offender and victim affect harshness of punishment

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10
Q

road map of the criminal justice system (10 steps)

A
  1. crime becomes known to the police
  2. police investigate, identify, and apprehend the offender
  3. information gathered is presented to the prosecutor
  4. prosecutor files charges (speaks with defense attorney, the officers, looks at police reports, offers the alleged a deal)
  5. if alleged does not take a deal from prosecutor, case goes to trial
  6. arraignment: defendant appears before a judge, charges and rights are read.
  7. defendant enters a plea: guilty, not guilty, or nolo contendere
  8. trial: prosecution and defense present evidence and question witnesses
  9. conclusion of trial: conviction or acquittal
  10. sentencing decided by judge or jury
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11
Q

victim in the road map of the cjs

A

victim is missing from the classic road map; victims may require medical care, emotional or psychological support, or assistance with insurance agencies

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12
Q

victim advocates

A

trained professionals who direct crime victims to emotional, psychological, or financial support

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13
Q

inalienable rights

A

things such as freedom of speech; they are guaranteed rights of the people; ensure the greatest good for the greatest number, making legislation prohibit certain behaviors

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14
Q

judicial activism occurs when

A

decisions are influenced by personal and political factorss

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15
Q

street crimes

A

involve a victim and offender in same place and time; includes things like homicide, rape, assault, etc.

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16
Q

property crime

A

crimes against property; more common than street crimes,including things like motor vehicle theft, burglary, and property theft.

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17
Q

why are property crimes most common?

A

because they do not usually involve a victim

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18
Q

victimless crimes

A

involve illegal behavior that does not affect another person, including prostitution, drug use, and gambling

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19
Q

white-collar crimes

A

are committed by occupational, corporate, or government professionals, including bribery, fraud, price fixing, and inside trading

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20
Q

cybercrimes

A

committed using a computer or computer networks, including network infiltration, viruses, etc.

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21
Q

terrorism

A

committed by subnational or extremist groups; targets noncombatants; has purpose of influencing an audience

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22
Q

two classifications of crimes are

A

mala in se and mala prohibita

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23
Q

mala in se

A

behavior that is immoral or inherently wrong by nature

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24
Q

mala prohibita

A

behavior that is prohibited by law

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25
Q

decriminalization

A

what is categorized as crime may change over time; things once considered crimes have reduced punishments or become legal

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26
Q

justifiable homicide

A

castle doctrine, “make my day” laws, self defense, defending others, and state-sanctioned executions (we do not have this in new jersey).

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27
Q

driving under the influence

A

increased criminalization, community organizations forming, such as MADD

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28
Q

crime control

A

offenders should be harshly punished to prevent crime; research shows crime control is ineffective

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29
Q

rehabilitation

A

cjs should care for and treat people who cannot take care of themselves; education, training, and social skills should be provided

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30
Q

due process

A

cjs must ensure all accused of crimes are treated fairly and equally; based on us constitution

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31
Q

restorative justice

A

cjs should repair the harm caused by criminal behavior; offenders should “pay” for their crimes

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32
Q

consensus model

A

everyone works together to achieve justice; there is general agreement about what behaviors are harmful to the majority of the public

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33
Q

conflict model

A

cjs reflects struggle between haves and have-nots; those with power define what is criminal

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34
Q

framing

A

presentations that simplify information

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35
Q

faulty criminal justice frame

A

crimes are committed because criminals feel they can get away with it

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36
Q

blocked opportunities frame

A

crime results from lack of legal or employment opportunities among offenders

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37
Q

social breakdown frame

A

crime is an obvious result of a breakdown in family and community

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38
Q

racist system frame

A

cjs, law enforcement, courts, and corrections, which are depicted as racists agents of oppression

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39
Q

violent media frame

A

crime is a result of the violence in television, movies, video games, and music

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40
Q

criminal justice

A

refers to the systems (law enforcement, courts, corrections)

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41
Q

criminology

A

refers to the study of the nature, extent, cause of criminal offending, and criminal victimization

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42
Q

why is crime measured? (4)

A
  • reveals the extent and nature of crime
  • evaluates the benefits of policy
  • helps to identify groups that are suffering disproportionate amounts of victimization
  • allows efficient and targeted assistance
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43
Q

how is crime measured?

A
  1. UCR: a program of the FBI that compiles national crime data
  2. SHR: supplements UCR’s data with extra details about homicides
  3. NIBRS: complex national data collection system that gathers incident-based crime info from law enforcement
  4. NCVS: nationally representative survey of victims
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44
Q

Uniform Crime Reporting (UCR) (5)

A
  • collects from 17,000 agencies
  • is broad, stable, and detailed
  • denotes crime by part I and part II
  • part I crimes: common and serious
  • part II crimes: less common and less serious
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45
Q

Supplementary Homicide Reports

A

keeps detailed info on homicides: victim, offender, relationships between the two

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46
Q

national incident-based reporting system (NIBRS) (3)

A
  • two major clusters of crimes
  • group a: 22 crimes covering 46 offenses including homicide and robbery
  • group b: 11 offenses such as loitering
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47
Q

hierarchy rule

A

only the most serious crime committed during an incident is counted

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48
Q

national crime statistics exchange (NCS-X)

A

coming bureau of justice statistics and federal bureau of investigation collaboration to produce nationally representative incident-based crime statistics

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49
Q

UCR is not entirely accurate because

A

of the hierarchy rule and dark figure of crime; crimes will go unreported if they are not the most serious crime committed by an offender or if they were not reported to law enforcement

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50
Q

national crime panel (5)

A
  • commission by president johnson to identify causes and characteristics of crime
  • concluded that even with ucr there was inadequate data available
  • national crime survey
  • commercial victimization survey
  • in 1991, became the NCVS
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51
Q

dark figure of crime

A

crime unknown to the police or the UCR

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52
Q

national crime victimization survey (NCVS) (5)

A
  • nationally representative survey of victims
  • primary source of info about frequency, characteristics, and consequences of violence
  • administered using two instruments
  • benefits: identifies trends, not limited to reported crimes, high response rates
  • limitations: limited age coverage, limited population coverage, sampling and nonsampling errors
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53
Q

series victimization

A

ongoing victimizations that are difficult to count, such as intimate partner violence

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54
Q

group that gets murdered at a higher rate

A

males
- typically by strangers, is more aggressive, often involved in violence

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55
Q

facts of fatal violence (3)

A
  • generally intraracial
  • mostly murders by acquaintances
  • firearms used most frequently in fatal violence
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56
Q

simple assault

A

no or minor injuries, no weapons used, the most common form

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57
Q

aggravated assault

A

armed offender and/or serious injury to victim

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58
Q

robbery

A

theft + force, the attempt to steal and the attempt or use of force; committed against a person

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59
Q

violence is more frequently reported if the victim is

A

male rather than female

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60
Q

cybercrime

A

two main forms: advanced/high tect or cyber-enabled

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61
Q

creepware

A

computer hijacking malware

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62
Q

internet crime complaint center (IC3)

A

experienced large increase in complaints of cybercrime

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63
Q

measuring terrorism (3)

A
  • hard to measure due to multifaceted attacks
  • worldwide incident tracking system (WITS): FBI database of completed attacks, discontinued in 2012
  • global terrorism database (GTD): database at university of maryland housing broader data on terrorism since about 1970
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64
Q

measuring white collar crime (4)

A
  • data specific to corporate and occupational crimes are rare
  • UCR offers little more than counts by types: fraud, forgery/counterfeiting, embezzlement
  • NIBRS includes wider variety of behaviors
  • national white collar crime center (NW3C)
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65
Q

fear and risk of victimization statistics (3)

A
  • females are more fearful of victimizations than are males although their risk is lower
  • differences in fear and risk based on income (poor are more fearful) and age (older more fearful)
  • individual fear of crime increased following 9/11
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66
Q

crime multiplier

A

hearing about crime distorts perceptions of how common crime is and increases fear

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67
Q

theory in criminal justice (5)

A
  • theory is tied to data
  • data is used to test theory
  • theory is fundamental in understanding criminal justice
  • many theories are biological and psychological
  • life course theories and general theories of crime are more popular than data-gathering techniques
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68
Q

judges have full immunity; this means

A

they cannot be sued or get in trouble for whatever decisions they make

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69
Q

“equal justice under the law”

A
  • phrase inscribed on the front of the US SC in washington dc
  • every person in the country, even those who are not citizens, are held to equal justice under the law
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70
Q

laws change according to

A
  • societal norms
  • cultural shifts
  • technological advances
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71
Q

codes of conduct have been around for centuries

A
  • code of hammurabi
  • mosaic code of israelites
  • roman twelve tables
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72
Q

age of enlightenment

A

new ways of thinking and reforms to the barbaric legal system before the french revolution in the late 18th century

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73
Q

trial by ordeal

A

primitive trial in which God was expected to protect the innocent; abolished in the age of enlightenment

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74
Q

cesare beccaria (5)

A
  • the classical school
  • wrote on crime and punishment
  • emphasized rationalism, intellectualism, and humanitarianism
  • believed in free will, logic, and rationality being central in decisions to commit crime
  • promoted the idea of deterrence
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75
Q

specific deterrence

A

directed toward the individual offender to stop bad behavior. may be accomplished through restitution or incapacitation

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76
Q

incapacitation

A

incarceration; taken out of society to protect society

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77
Q

general deterrence

A

perceived negative consequences of being caught and thus, the threat of punishment will inhibit criminal behavior in all members of society

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78
Q

jeremy bentham (4)

A
  • stressed rationality in the legal system and opposed brutal methods of punishments
  • hedonistic calculus: people weigh the costs and benefits of their actions in order to maximize pleasure and minimize pain
  • utilitarianism: greatest good for the greatest number
  • panopticon prison design: served as a blueprint for current incarceration facilities
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79
Q

rule of law

A

mandates the application of known legal principles in governmental decision-making and establishes the premise that every citizen should obey laws

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80
Q

federalism

A

refers to how power and authority is divided to ensure federal, state, and local municipalities can function as one nation with shared responsibilities

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81
Q

goals of the law (5)

A

deterrence, retribution, restitution, rehabilitation, incapacitation

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82
Q

deterrence

A

law is created to deter people from committing crimes using the threat of punishment

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83
Q

retribution

A

offenders deserve to be punished for criminal behavior

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84
Q

restitution

A

repayment as part of a punishment for injury or loss

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85
Q

rehabilitation

A

means of providing education and treatment for offenders

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86
Q

incapacitation

A

isolates the offender from the public to protect the public

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87
Q

common law

A
  • developed by case law from court decisions and opinions (and precedents, court decisions set precedents, based on the precedents set, we go forward with how we are going to enforce the law)
  • these are applied to subsequent similar cases
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88
Q

constitutional law

A
  • basis of all US law
  • establishes the fundamental rules and relationships between judiciary, legislative, and executive branches at state and federal level
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89
Q

procedural law

A

determines how people are treated in the system

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90
Q

bill of rights

A

first ten amendments of the constitution
1) freedom of religion, speech, press, assembly, and petition
2) right to keep and bear arms in order to maintain well regulated militia
3) no quartering of soldiers
4) freedom from unreasonable searches and seizures
5) right to due process of law, freedom from self-incrimination, and double jeopardy
6) rights of accused persons, right to a speedy and public trial, right to a lawyer
7) right of trial by jury in civil cases
8) freedom from excessive bail, cruel and unusual punishments
9) other rights of the people
10) powers reserved to the states

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91
Q

substantive law

A

designates what conduct is considered criminal

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92
Q

statutory law

A

written and enacted by legislature

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93
Q

preemption doctrine

A

federal law is the “supreme law of the land” (federal law makes final decision on a case, so federal law can overrule state law)

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94
Q

marijuana status

A

prohibited by federal law; in new jersey, you are allowed to partake in recreational use of marijuana but there are age limits

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95
Q

gateway drug

A

a drug that leads to the use of more serious substancs

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96
Q

cole memo

A

outlined state guidelines for marijuana use (especially use by minors, DUI, and trafficking)

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97
Q

statutes

A

formal rules adopted by a governing body (state)

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98
Q

ordinances

A

municipal and city rules (ordinances in the state of NJ have money and revenue going to the town from the ticket offenders have to pay)

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99
Q

case law

A

based on previous court decisions

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100
Q

precedents

A

establishes prior case decisions as binding

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101
Q

stare decisis

A

latin for “let the decision stand”; principle that requires judges to respect precedent

102
Q

landmark cases

A

cases that establish precedent which changes interpretation of a prior law

103
Q

civil law (7)

A
  • law that is between two people, civil disputes
  • concerned with formal laws imposed by the state rather than moral laws
  • addresses torts, estates, contracts, and property
  • burden of proof is preponderance of the evidence
  • small claims court
  • compensatory damages
  • punitive damages
104
Q

small claims courts

A

limited jurisdiction to settle minor disputes below a certain dollar threshold

105
Q

compensatory damages

A

money awarded for loss

106
Q

punitive damages

A

money awarded as a punishment to the defendant

107
Q

class action lawsuits

A

large number of victims

108
Q

administrative laws

A
  • derives from a legislative body’s delegation of authority to commissions or boards to regulate activities controlled by written statutes
109
Q

three primary elements of crime

A

actus reus, mens rea, causations

110
Q

actus reus

A

guilty act, the physical intent (no criminal intent, but still guilty of the act)

111
Q

mens rea

A

guilty mind; criminal intent

112
Q

concurrence

A

guilty act and mind must occur simultaneously

113
Q

attendant circumstances

A

external factors

114
Q

misdemeanor

A

less serious crimes punishable by fine, forfeiture, or short confinement (in NJ, called disorderly persons offense)

115
Q

wobblers

A

felony crimes that may be reduced to a misdemeanor

116
Q

felony

A

more serious and generally results in more severe punishments (in NJ, called indictable crime)

117
Q

alibi

A

a claim that the defendant was not present at the scene and therefore could not be the person who committed the crime. witnesses may testify to support the defendant’s alibi

118
Q

duress

A

a person who is forced or coerced into committing a crime may claim duress as an excuse for criminal liability. a person acting under duress must possess a reasonable fear of harm and the perceived harm must be death or serious bodily injury. use of duress is usually limited to situations in which someone threatens to kill you or another person if you fail to commit the crime

119
Q

m’naghten standard

A

“right-wrong” test

120
Q

durham test

A

determine if a mental defect was the reason for criminal behavior

121
Q

irresistible impulse test

A

did mental disease prevent a person from controlling their behavior?

122
Q

brawner rule

A

appreciating the difference between right and wrong

123
Q

battered woman syndrome

A

developed to excuse or mitigate actions of women who kill their abusers

124
Q

ex post facto laws

A

laws passed after a crime

125
Q

victims rights amendment (vra) (6)

A
  • right to fairness, respect, and dignity
  • right to reasonable notice of and the right not to be excluded from public proceedings related to the offense
  • right to be heard at any release, plea, and sentencing court session
  • right to notification of release or escape of the accused
  • right to due consideration of the crime victim’s safety and privacy
  • right to restitution
126
Q

intoxication defense

A

a defense attorney can argue that the accused was so drunk or high that they lacked the capacity to form mens rea

127
Q

insanity defense

A

considering a defendant not guilty by reason of insanity is based on the belief that a select group of people who suffer from mental illness are unable to control their actions to such an extent that they cannot be held accountable for their crimes. insanity is a legal not medical term

128
Q

borh

A

informal social unit of early policing (ended in 1066)

129
Q

parish constable

A

policing agent for smaller towns, initially elected by parishioners
- unarmed, unpaid, and part-time

130
Q

shire reeves

A

precursors to sheriffs

131
Q

watchmen

A

used to protect property to larger communities in england and colonial america
- patrolled at night to protect community robberies, fires, and other disturbances

132
Q

thief takers

A

hired by victims to capture offenders for a bounty; often corrupt

133
Q

metropolitan police act of 1829 (5)

A
  • act introduced by sir robert peel
  • established london’s metropolitan police force
  • beginning of modern public policing
  • bobbies or peelers: officers that replaced existing and corrupt system of parish constables and night watchmen
  • peelian principles: widely cited list of describing peel’s alleged philosophy
134
Q

colonial america policing (3)

A
  • resembled english system
  • preference for minimal, local policing
  • formalized positions, appointed by governors and held by large landowners to protect their own lands
135
Q

colonial sheriff’s responsibilities (3)

A
  • capturing criminals, serving subpoenas, supervising elections, dealing with religious nonconformists, collecting taxes
  • policed reactively
  • paid fees based on tasks performed
136
Q

vigilantes

A

performed law enforcement duties with no legal authority

137
Q

slave patrols (1704)

A

3 to 6 white men who regulated slave behavior and hunted escapees

138
Q

fugitive slave law of 1850

A

passed by the US congress and created the need for slave patrols, which fell to police

139
Q

entrapment

A

encouragement to commit the crime or make someone do something they would not normally do (typically by law enforcement)

140
Q

father of american policing

A

august vollmer

141
Q

august vollmer (7)

A
  • argued for the use of science, technology, education, and professionalism
  • implemented code of ethics for officers
  • outlawed third degree (brutalizing individuals to gather info)
  • responsible for adoptions of many innovative policing technologies (radios, alarms, patrol on bikes)
  • centralized police record system
  • modus operandi (system to classify offenders and crimes, which facilitated the identification of crime patterns)
  • scientific analysis of evidence (blood, fibers, soil)
142
Q

lucy gray

A

1880s LA police matron, aided children and women who were victims or offenders

143
Q

police matrons

A

title frequently given to women working in the early days of policing

144
Q

marie owens

A

first woman to perform police duties in Chicago in 1893

145
Q

lola baldwin

A

given temporary assignment in 1905 with the portland, oregon department of public safety for the protection of young girls and women

146
Q

alice stebbins well

A

1910, first full time paid police woman with arrest powers in LA

147
Q

georgia robinson

A

first female black officer in 1916 in LA

148
Q

elizabeth coffal & betty blankenship

A

1968, indianapolis police officers were the first women to receive uniforms, gun belts, and a marked police car

149
Q

gail cobb

A

black female officer, the first woman killed in the line of duty 1964

150
Q

black police officers

A

robert william steward, roy green, wiley overton, samuel battle
- julius boyd loving: LA deputy that became the father of jail programs in 1899

151
Q

george garcia

A

first hispanic officer appointed in nyc

152
Q

canine officers (3)

A
  • public sentiment regarding police dogs is positive
  • offer effective non-lethal method of deterring and detecting crime
  • used to search buildings, areas for bombs, evidence, narcotics, chemicals, illegally taken game, and human remains
153
Q

knapp commission

A
  • more than half of the police officers in the NYPD engaged in corruption
154
Q

rotten apple theory

A

idea that corruption can be traced to just a few bad officers, rejected by the knapp commission

155
Q

grass eaters

A

passive participants, accepting bribery and corruption and those who knew but chose not to act

156
Q

meat eaters

A

actively involved in corruption

157
Q

police officers are ______ of the criminal justice system

A

gatekeepers (they start the cjs, without police officers you cannot have the cjs)

158
Q

patrol (3)

A
  • responsible for preventing crime, apprehending suspects, and assisting community members
  • reactive policing is generally a response for a call for service rather than a self-initiated action
  • proactive policing efforts involve crime prevention activities
159
Q

duties of patrol (8)

A
  • maintaining police presence, ensuring public order, providing help to individuals who may need assistance
  • finding lost children, directing traffic, issuing tickets
  • chasing fleeing felons
  • responding to criminal events
160
Q

investigation (3)

A
  • detectives and higher ranking officers fulfill this role
  • often prorated and may require testing and interviewing
  • undercover work type of special assignment
161
Q

command (4)

A
  • top officer is chief of police
  • strong leadership is essential to establishing respect and high level organization
  • tasked with negotiating and intervening in difficult situations
  • usually appointed by mayor or city council
162
Q

key aspects of policing subculture

A
  • secrecy, group solidarity, violence, cynicism, masculinity, isolation
  • high blood pressure and stress for officers
163
Q

corruption

A

abuse of authority

164
Q

misconduct

A

breach of department policy

165
Q

______ officers more likely to use force

A

male

166
Q

community policing (4)

A
  • style/philosophy that adopts proactive measures and community components
  • partnerships
  • organizational transformation (requires structure of management, personnel, and information systems that supports the community partners and proactive initiatives)
  • problem solving (promotes systematic examinations of crime related issues to provide for effective response)
167
Q

_________ officers more likely to use communication to deescalate

A

female

168
Q

SARA model

A

scan, analysis, response, and assessment model

169
Q

broken windows theory

A

social disorder of neglected neighborhoods leads to increased crime rate

170
Q

routine activity theory

A

cohen and felson’s theory that posits that the convergence in space and time of motivated offenders, suitable targets, and the absence of capable guardians increases the risk of criminal incidents

171
Q

hot spots

A

specific geographical locations identified as high crime areas

172
Q

zero tolerance

A

a policing approach that focuses enforcement efforts on quality-of-life issues such as disorder and minor crime. enforcement efforts are applied to low-level crimes and minor infraction in specific neighborhoods

173
Q

principles of procedural justice (4)

A
  • citizens need to be given a voice in the process to tell their side of events to officers
  • officers must be neutral
  • people want to be treated with dignity and politeness
  • people react favorably to officers when they view them as trustworthy and caring
174
Q

officers are trained to use the appropriate level of force given __________________

A

the totality of the circumstances

175
Q

continuum of force

A

amount of force used in an arrest depends on the suspect’s demeanor, weapons, and level of compliance (comply whether you are right or wrong and less force will likely be used)

176
Q

tennessee v. garner (1985)

A

supreme court ruled that the use of deadly force is appropriate in the pursuit of a fleeing suspect only to prevent escape if probable cause exists to believe that the suspect poses a significant threat that endangers officers or others

177
Q

________ and __________ are more likely to be killed by law enforcement

A

native americans, blacks

178
Q

racial profiliing

A

occurs when an officer questions or investigates an individual based on race, ethnicity, religion, or national origin

179
Q

mandatory arrest policies

A

limits police discretion in certain circumstances, mostly in domestic violence cases

180
Q

copLink

A

tactical lead generation, crime analysis, and information sharing among various levels of law enforcement

181
Q

high-activity location observation cameras

A

remote-controlled cameras allowing observation of areas of interest

182
Q

non lethal force

A

type of force (including weapons) that provides viable options for dealing with resisting subjects
– includes pepper spray, rubber bullets, and other less-than-lethal weapons

183
Q

tasers

A

conductive energy device or electronic control device; controls suspects and protects officers from injury

184
Q

military drones

A

increasingly used as possible crime-fighting tools

185
Q

rule of law

A
  • fundamental principle of the cjs
  • based on the belief that all government officers pledge to uphold and follow the constitution
  • law enforcement must follow the rule of law to maintain legitimacy and trust
186
Q

weeks v. united states (1914)

A
  • court unanimously ruled that repeated warrantless searches of Week’s home and seizure of private possession violated his rights under the fourth amendment
  • set the precedent for future court decisions by ruling that warrantless seizure of property from a private home is violation of fourth amendment
187
Q

due process

A

rules designed to protect private rights found in the fifth and fourteenth amendments
- fifth: guarantees federal due process
- fourteenth: guarantees state due process
- guarantees against double jeopardy, ensures proper arrest procedures, the right to remain silent, right to not be subject to unreasonable search and seizures, and the right to an attorney

188
Q

miranda rights must be read during a ___________. miranda rights do not have to be read during just a(n) ______________.

A
  • custodial interrogation (arrest + interrogation)
  • arrest
189
Q

probable cause

A
  • standard established by criminal law to make an arrest, obtain a warrant, or conduct a search
190
Q

reasonable suspicion

A
  • like probable cause, is an objective measure, but based on minimal or no evidence
191
Q

terry v. ohio (1968)

A

ruled that an officer might stop and frisk a person based on reasonable suspicion

192
Q

stop and frisk

A
  • frisk = pat down
  • cannot pat down and search together
  • stop and pat down, feel for weapons or drugs
193
Q

sibron v. new york (1968)

A

ruled that mere observation of sibron speaking to drug addicts without hearing any of his conversations with the addicts failed to provide probable cause for a warrantless search

194
Q

peters v. new york (1968)

A

officer gave chase to the suspect after observing him sneaking around an apartment building. officer pat down the suspect and found burglary tool. court upheld the legality of the stop and frisk (there was probable cause)

195
Q

adams v. williams (1972)

A

ruled reasonable cause for a stop and frisk may be based on information supplied by another person person, such as a police informant

196
Q

alabama v. white (1995)

A

court decided an anonymous tip to police provided reasonable suspicion for a terry stop

197
Q

florida v. jl (2000)

A

debated a firearms exception to terry v. ohio. courts refused to recognize this exception because such a ruling could prompt false anonymous tips to law enforcement and promote harassment of innocent people

198
Q

mapp v. ohio (1961)

A

found evidence obtained in the midst of unreasonable search and seizure may not be used in criminal prosecution in state courts

199
Q

united states v. leon (1984)

A

found the need for a good faith exception to the exclusionary rule

200
Q

inevitable discovery

A

the police with or without a warrant would have discovered the evidence and therefore, it is admissible in court

201
Q

fruit of the poisonous tree doctrine

A
  • any evidence obtained during an illegal search would be disallowed at trial
  • modified mapp decision and now allowed for an inevitable discovery rule and good faith exceptions
202
Q

katz v. united states (1967)

A

charles katz used public payphones to engage in illegal gambling across the united states. katz argued that this phone tapping was a violation of fourth amendment rights.
- court determined that a search is a search when the state violates a reasonable expectation of privacy, which in the case of a phone applied because a person expects to conduct a private conversation

203
Q

california v. greenwood (1988)

A

laguna beach police department suspected billy greenwood of drug trafficking. officers searches his trash and found enough information to create a search warrant for his house.
- supreme court ruled that no warrant was necessary to search trash, because everyone realizes that garbage is readily accessible to members of the public
- can’t search trash in nj

204
Q

technology changed law enforcement by making it easier to

A

monitor activities and behaviors

205
Q

first revolution of technology in cjs included

A

telephone, two way radio, and the car

206
Q

current revolution of technology in the cjs includes

A

record management systems, automated fingerprint identification system, computer assisted dispatch, less than lethal force technologies, gunshot location technology, body cameras

207
Q

in most cases, court has determined that canine sniffs _____________ under the fourth amendment

A

are allowed

208
Q

warrants (3)

A
  • fourth amendment requires a warrant before police can conduct a search, with some exceptions
  • key to obtaining a warrant is probable cause
  • most search warrants are executed during the day and require police to identify themselves
209
Q

knock and announce warrants

A

commonly used by law enforcement, requires warrant to be executed during the day and for the police to knock, identify themselves as the police, and wait a reasonable time for an answer before entering

210
Q

no knock warrants

A

allow officers to enter the house forcibly without identifying themselves as law enforcement

211
Q

consent

A

exception to a warrant, agreement must be made without coercion such as a threat to arrest (do not need warrant if you have consent, often read miranda rights here for informed consent)

212
Q

plain view

A

do not need a warrant; police can seize illegal materials or evidence without a warrant if an officer enters a house and sees illegal contraband in plain view

213
Q

exigent circumstances

A

emergency circumstances, narrowly defined by the Court as escape, harm to the officer or others, and destruction of evidence

214
Q

incident of a lawful arrest

A

allows law enforcement to search any person without a warrant once that person is lawfully arrested

215
Q

automobiles exception

A

should police have probable cause to believe the vehicle contains contraband, fruits of a crime, evidence, and/or instrumentalities of a crime, the vehicle can be searched

216
Q

suspicionless search

A

based on place and reasonable potential of wrongdoing

217
Q

emergency doctrine

A

warrant is not needed if danger or destruction of evidence is imminent

218
Q

regulatory searches

A

no warrant is needed for searches by government officials such as health inspection of a restaurant, a vehicle crossing borders, an airport screening or fire inspection

219
Q

arrest

A

a person is under arrest when a reasonable person believes he/she is not free to leave
- courts are still unclear if the words “you are under arrest” are necessary and sufficient
- a lawful arrest entails taking a person into legal custody either under a valid warrant or based on probable cause the person committed the crime

220
Q

miranda v. arizona (1966)

A

supreme court overturned the conviction of ernesto miranda because he had not been informed of his fifth amendment right against self-incrimination and his sixth amendment right guaranteeing an attorney. ruled in the the establishment of guidelines that must be followed when informing a suspect of their rights

221
Q

harris v. new york (1971)

A

defendants could be impeached based on statements made before they were mirandized; evidence obtained in a violation of a defendant’s rights cannot be admitted against him at trial to obtain is conviction

222
Q

berghuis v. thompkins (2010)

A

defendants who have been mirandized, understood the warning, and did not waive the rights must explicitly declare before or during an interrogation that they wish to remain silent and not speak to the police for protection against self-incrimination. anything said prior to this declaration can be used against them

223
Q

escobedo v. illinois (1964)

A

ruled that escobedo’s sixth amendment right to counsel was violated by police when they refused to give access to an attorney

224
Q

miranda rights

A
  • have to be read during custodial interrogation
  • need to mirandize people when searching their property before getting their consent (informed consent)
  • DO NOT need to mirandize if arresting and not interrogating
225
Q

crime triangle

A

also referred to as the problem analysis triangle, a strategy that focuses on immediate concerns present in the environment in order to confront difficult issues

226
Q

judicial review

A

allow higher courts to review the decisions of lower courts; gives supreme court authority over constitutionality of law

227
Q

judges decide cases based on

A
  • strict interpretation of the constitution (what the words literally say)
  • interpretation of the document within the context of historical, societal, and technological events
228
Q

judicial activism

A

variation from the clear meaning of the text, allowing for broad interpretation

229
Q

brown v. board of education (1954)

A
  • overturns precedent set by plessy v. ferguson (separate but equal)
  • judges in the case were seen by some as interpreting laws to further social agenda
  • ruling ended state-sanctioned racial segregation on the account that its presence in schools violated the equal protection clauses of the fourteenth amendment
230
Q

dual court system

A

separate system for federal and state levels
- federal law in almost all cases trumps state law
- supreme courts interpret and decide constitutional issue arising from each of the sovereignties, unless a federal issue is involved

231
Q

writ of certiorari

A

order to send documents from a lower court to an appellate court for review

232
Q

jurisdiction

A

refers to a court’s authority to hear certain types of cases
- federal courts will not hear cases involving state laws unless the laws conflict or the issue is appealed as a constitutional matter

233
Q

us supreme court

A
  • highest court in the federal system
  • established by the judiciary act of 1798
  • consists of one chief justice and eight associate justices
  • each justice appointed by the president
  • lifetime appointment for each justice
  • great deal of discretion in cases heard
234
Q

en banc

A

cases heard by the full court

235
Q

state courts

A

structures vary, but follow a pattern similar to federal system, including a supreme court, intermediate appellate court, and trial courts

236
Q

state appellate courts

A
  • intermediate courts between trial courts and state supreme courts
  • make determinations on all filed cases (many filed pro se)
  • number of judges serving varies from state to state (most common is three judge panel)
237
Q

trial courts

A

may be general or limited jurisdiction

238
Q

pro se

A

without legal representation

239
Q

indictment

A

results from grand juries that are assembled to hear evidence deciding whether or not a person should be charged with an offense

240
Q

information

A

formal accusation issued by prosecutor

241
Q

federal felony case flow (4)

A
  • us attorney presents evidence to grand jury
  • if charged - arraignment, then appeal (if filed)
  • court of appeals reviews for legal errors only
  • if a constitutional issues exists, possible petition for SCOTUS to hear the case
242
Q

state case flow (4)

A
  • usually begins at state district court
  • convicted defendants may appeal if the judge made a procedural error
  • if a prejudicial error was made, appellate court may reverse and remand the case
  • if constitutional issue is involved, case may proceed to state supreme court of SCOTUS
243
Q

“justice delayed is justice denied”

A
  • common theme in legal jurisprudence
  • courts face enormous caseloads that often impeded processing (we are locking too many people up, too many charges, too many cases we cannot handle)
244
Q

federal speedy trial act

A
  • in 1974, act that requires those charged with crime be indicted within 30 days and trial occurs within 70 days
  • some people waive this right to a speedy trial
245
Q

delays of a trial

A
  • many waive right to a speedy trial
  • can be waiting on lab results for evidence, more time to build case
  • longer delay means less accuracy for witnesses and testimonies
  • can be in the best interest to waive right of speedy trial
246
Q

specialized courts

A

courts for specific offenses - drug courts, domestic violence courts, family courts

247
Q

domestic violence court

A

two goals
- victim safety
- offender accountability

248
Q

role of judges (6)

A
  • responsible for functioning of the courtroom in hearings and trials
  • determine appropriate conduct, what evidence may be introduced, and correct procedures
  • bench trials
  • oversee trial proceedings
  • sentencing
  • double jeopardy and appeals
249
Q

bench trials

A

judges hear the evidence without a jury present and make a ruling on guilt or innocence (municipal court level)

250
Q

missouri plan

A

also called the merit selection system, it is a process to elect judges that attempts to eliminate politices

criminal justice (3 decks)

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