Quiz 1 Key Terms Flashcards
US Constitution
the government can only interfere with people’s lives if it needs to in order to fulfill its legitimate role
Bill of Rights
first 10 Amendments to the Constitution, requires due process, bans double jeopardy, bans cruel and unusual punishment, individuals have liberty interests
Federal Laws
United States Code
Administrative Regulations (codes)
Code of Federal Regulations
State Laws
State Statutes
Case Law (common law)
in case/common law tradition, there are two separate court systems with two different forms of remedy.
* Courts of Law (Monetary Relief)
* Courts of Equity (non-monetary relief) based on notions of justice
State Courts
- courts of general jurisdiction
- hear all courses not specifically selected for federal court
- each state gets to make and interpret its own laws
- about 90% of American cases happen at the state level
Federal Courts
*limited jurisdiction
*12 total federal districts
Supreme Courts (State & Federal)
cases will typically pass through the state supreme court before going on to the federal supreme court
Stare Decisis
a legal principle that requires courts to follow previous judicial decisions when similar legal issues arise again
Due Process
the government can only intervene in our life after a fair process that establishes that the government has legitimate reason to intervene
Liberty Interests
a right that protects an individual’s freedom to do or not do something without interference from the government or others
“Rule of Law”
the fact that everyone (including the government) must obey the law
Jail
a place for the confinement of individuals accused of a crime
Prison
a building in which people are legally held as punishment for a crime they HAVE committed
Felony
a serious crime that is punishable by more than one year in prison (or even the death penalty) depending on the state and circumstances of the crime
Misdemeanor
a minor wrongdoing
Purpose of Punishment
*Retribution: people who harm deserve to suffer harm
*Incapacitation: prevents the person from committing another crime
*Deterrence: makes people less likely to commit crimes because they don’t want to pay the cost
US Incarceration Rate
highest in the world
“Stacking Charges”
charging multiple crimes for one incident
War on Drugs
spearheaded by president Nixon, resulting in an exponential rise in incarceration rates
Punishment Myths
*Prisons are humane
*Prison is reserved for the deserving
*Makes the US safe
Probation
a sentencing option that allows defendants to fulfill their sentence outside of prison or jail
Parole
the release of a prisoner (either temporarily or permanently) before the completion of a sentence on the promise of good behavior
General Deterrence
deters the general population from doing something
ex. billboards about effects of smoking
Specific Deterrence
deters a specific person from committing a crime
Actus Rea
the bad act committed by an individual
Mens Rea
the “criminal intent” of the person when they committed the bad act
Moral Reasoning
punishment deters people from committing crime because they think about the harms and gains
problem: most people committing crimes are irrational and so is moral reasoning
Confirmation Bias
police ignoring plausible information once they believe the suspect is the perpetrator by seeking out ONLY supporting information of their theory
“Myth of Evil”
acts that involve death tend to result in us attributing greater culpability and we are more likely to view the act (and actor) as evil
Free Will
mens rea - the criminal intent, is an exercise of free will
Forgiveness Therapy Elements
*Recognition of harm and hurt
* Considering forgiveness as a way to put the burden of the harm down
* Commitment to forgiveness (let go of the hurt)
*Develop a new way of thinking about the harm
Effectiveness of Forgiveness Therapy
Forgiveness therapy has been shown to improve:
* Depression
* Anger and Hostility
* Stress and Distress
* Positive affect in general
ALL models of forgiveness therapy were effective
Sources of Police Stress
- Ineffective workplace communication
- Rigid organizational structure
- Shift work, excessive overtime, heavy workload, variable and intermittent work
- Lack of opportunities for advancement
- Workplace discrimination or harassment
- Poor working conditions
Trends of Police Killing Civilians
police killings have been decreasing
Graham v. Conner (1989)
SCOTUS ruled that force must be “objectively reasonable”: given the facts known at the time, would a similarly trained and experienced officer respond in a similar fashion?
System Crashes
idea that police killings should be viewed as “system crashes,” rare but inevitable failures
Task Force on 21st Century Policing
59 recommendations reflecting 6 pillars:
* Building trust and legitimacy of the police
* Policy and oversight
* Technology and social media
* Community policing and crime reduction
* Training and education
* Officer wellness & safety
Police Training
emphasizes taking control, emphasis on dominance and every cop is always aware of the risks
Incident Driven Policing
*police only respond to 911 calls
* incident driven
* reactive
* limited information: police don’t get to know people
* focus on efficiency and utilization of criminal justice system
Broken Windows Theory
if you leave a broken window unfixed, it’s an indicator of a lack of social concern and will lead to more significant social and neighborhood decay
Community Policing
a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder through problem-solving tactics
Crisis Intervention Teams
otherwise known as CIT, specially trained to handle mental health emergencies
Memory and Eyewitness Problems
memory is active and malleable, therefore often leading to ID problems caused by:
*memory reconstruction
* cross-racial identification
* lineup procedures
* stress and anxiety
* suggestive interviewing techniques
Common Belief about Memory
many people assume that memory is much like a video camera, when in fact it is not
Witness Confidence
many witnesses are very confident in their testimony (“i wouldn’t lie about what i saw”) but it’s not about lying
Eyewitness Court Testimony
*many judges tend to assume we understand memory
* makes a strong impression on the jury
Weapons Focus Effect
if a weapon is involved the individual is more likely to focus on the weapon as opposed to the perpetrator
Power of Confessions
goal of questioning is to elicit a confession, 39-48% of all suspects make full confessions
Types of False Confessions
voluntary: self-incriminating statements are made without external pressure
coerced compliant: to escape interrogation, to avoid threat, to gain promise of reward such as release
coerced internalized: tired, scared, suggestible, confused comes to believe they did commit the crime, false memory
Internalized coerced false confessions
suspect becomes convinced of own guilt after long, intense interrogation; vivid false memories may be created
Internalized voluntary false confessions
suspect suffers from delusion and confesses with little or no pressure from interrogation
Reid Technique
the interrogator must overcome the suspect’s natural resistance to tell the truth, and so must be skilled in the use of strategies to persuade the suspect to confess
Myths about Confessions
- False confessions either do not exist or are exceedingly rare
- police interrogation is a science
- only vulnerable people falsely confess
- problems with police interrogation and false confession research is “new”
(Possible) Solutions to Confession Problems
- video recording of interrogations
- time limits (4 hours or less)
- appropriate adult witness for vulnerable suspects
- subjects with mental impairments require protection
- permit expert testimony on interrogations and confessions
