test 1 Flashcards
Criminal Law
Laws that define criminal acts and how such acts will be punished
Three Strikes Law
A crime control strategy whereby an officer who commits three or more violent offenses will be sentenced to a lengthy term in prison: Usually 25 years
Arrest
: The taking into custody or detaining of one who is suspected of committing a crime
Prosecution
(Lawyer for police officer and victim) To bring charges against an individual based on probable cause
Adjunction
Legal resolution of a dispute by s judge or jury. Used in Juvenile processes
Arraignment
: Accused informed of charges, advised of rights of criminal defendants, asked to enter a plea to the charges
Sanction
Punishment
Appellate Review
Following trial and sentencing, a defendant may appeal his or her conviction or sentence by requesting that a higher court review the arrest and trial
Death Penalty cases
Automatic appeals of conviction
Corrections
: Offenders sentenced to incarceration serve time in a local jail or state prison
Indeterminate sentence
Scheme whereby one is sentenced for a flexible time period (e.g 5-10 years) to be released when rehabilitated or when the opportunity for rehabilitation is presented
Determinate sentence
: A specific, fixed-period sentence ordered by a court (8 years)
Parole
: Early release from prison, with conditions attached and under supervision of a parole agency. Prisoner may become eligible for parole after serving a portion of indeterminate sentence
State offenses
- such as truancy and running away
Ethics
: A set of rules or values that spell out appropriate human conduct
State Decisis
: Latin for “to stand by a decision”, Precedent
Mens Rea
Intent
Atus Reus
The act
criminal law
: Body of law defines criminal offenses and prescribes punishments for their infractions
Motive
The reason for committing a crime
Felony
: A serious offense with a possible sentence of more than a year in prison
Civil law
: All noncriminal law, applies to civil matters
Misdemeanor
A lesser offense, punishable by a fine or up to one year in local jail.
Plaintiff
Party bringing a lawsuit or initiating a legal action against someone else
Defendant
: A person charged with a crime
Victimless crimes
- called these since many involve consensual activates or do not involve clearly identifiable victims
NCVS- (National Crime Victimization Survey)
A random survey of U.S households that measures crimes committed against victims: includes crimes not reported to police
Burden of proof
Requirement state must meet to introduce evidence or establish facts. Which is beyond a reasonable doubt
White Collar crime
Crimes committed by individuals in the course of their professions or occupations
NIBRS
The national incident based- reported system
Reasonable Doubt
Standard used by jurors to arrive at a verdict, whether or not the government (prosecutor) has established guilt beyond a reasonable doubt
Sustantive Law
: Body of law that spells out elements of criminal acts. (What is underaged drinking- spelled out)
Crime Rate
The number of reported crimes divided by the population of the jurisdiction, and multiplied by 100,000 persons; developed and used by the FBI Uniform Crime Reports
Procedural Law
Rules that set forth how substantive laws are to be enforced. Laws concerning arrest, search and seizure are to be enforced
UCR
Collects crimes reported to the police
Legal Jurisdiction
The authority to make legal decisions and judgements, often based on geographic area (territory) or the type of case in question
Hierarchy Rule
: The practice whereby only the most serious offense of several that are committed during a criminal act is reported by the police
Ethics
moral principles that govern a person’s behavior or the conducting of an activity
Absolute Ethics
- The type of ethics where there are only two sides-good bad; black or white
Relative Ethics
The gray area of ethics that is not so clear cut
Gratuities
-it is the receipt of some benefit either for free or for a reduced price
Police Corruption
- Misconduct by police officers that can involve but is not limited to illegal activities for economic gain, gratuities, favors, and so on
Slippery slope
- It is the idea that a small first step can lead to more serious behaviors
prosecutorial misconduct
when in the course of their official duties a prosecutor violates a law or code of professional conduct
Robbery
the action of taking property unlawfully from a person or place by force or threat of force.
Burglary
entry into a building illegally with intent to commit a crime, especially theft.
Carjacking
- A person commits a felony of the first degree if he steals or takes motor vehicle from another person in the presence of that person or any other person in lawful possession of the motor vehicle.
First amendment
The United States Constitution protects the right to freedom of religion and freedom of expression from government interference
Second amendment
“A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.”
The thin blue line
the line which keeps society from descending into violent chaos
Justice of the Peace/ District Magistrate
- Minor justice official who oversees lesser criminal trials
Sherrif
- Chief law enforcement officer of a country
Constable
Forerunners of the modern-day U.S criminal justice functionaries
Coroner
Early English court officer, duty to determine cause of heath. In US usually a physician
Political Era
Officers hired more on who they knew rather than what they knew
Reform Era
Policing became a matter viewed as best left to the discretion of police executives
Community Era
Police retrained to work with community to solve problems through tailored response to underlying causes
Civil Service System
created to eliminate patronage and ward influences in hiring and firing
Coast Guard
Nation’s leading maritime law enforcement
agency
Municipal police
-provide a range of enforcement, investigative, and order-maintenance functions
Federal Law Enforcement agencies
Department of Justice headed by attorney general
August Volmer and what he is famous for
his career was a major factor in the shaping and development of police professionalism
Chain of Command
Vertical and horizontal power relations within an organization