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Test 2 Flashcards

1
Q

what year did the US lead the world in car manufacturing

A

1907

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2
Q

was the US prepared for the “Car Boom”

A

No
- roads were not designed for cars
- people were terrible drivers
- law enforcement had to play catchup

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3
Q

what is police power

A

the authority of governments to create rules to promote safety and general welfare

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4
Q

where does the source of state police powers originate from

A

the10th amendment

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5
Q

what was an issue police departments had with new traffic laws put in place

A

how to enforce them

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6
Q

how did cars affect crime

A
  • created new forms of crime
  • could be used as weapons
  • easier to get away from crime
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7
Q

who took a leading role in recovering stolen cars

A

insurance companies (lobbied for change as well)
- lost money if cars were stolen

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8
Q

how were car built early on

A

custom made to each person

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9
Q

how did mass production of cars change crime

A
  • more cars to steal
  • standardized cars are easier to steal
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10
Q

what act was passed by congress in 1919

A

Dyer Act (national motor vehicle theft act

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11
Q

what does the Dyer act do

A

makes it a federal crime to steal/move a car across state lines (FBI takes lead enforcement)

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12
Q

who is August Vollmer

A

“father of modern policing”
- first police chief in Berkley

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13
Q

why is August Vollmer important

A

he professionalized the police
- made uniforms standard
- selectivity in who departments hired
- changed how they trained

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14
Q

what is Max Weber theory of bureaucracy

A

the best way for humans to organize is through a meritocracy and hierarchy system based on rules

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15
Q

bureaucratization is the key to ___

A

rationalization (people become rational in a bureaucracy)

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16
Q

what is generalization ideology in police actions

A

when police focus on more minor vices that are “immoral” instead of just serious crimes

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17
Q

what are minor crimes called

A

mala prohibita

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18
Q

what is specialization ideology in police actions

A

police should focus on only violent/property crimes

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19
Q

what are violent crimes called

A

Mala in Se

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20
Q

did Vollmer want police to be specialists or generalists

A

specialists (he thought politics would creep into police through changing “vice” laws)

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21
Q

what are some pros to generalization

A
  • a single “go to” org for various problems
  • gives police broad discretion and authority
  • Allows for INVESTEGATORY STOP
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22
Q

what are some cons to generalization

A
  • spreads resources thinly
  • traffic enforcement is a public relations issue
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23
Q

what year did congress pass the prohibition amendment and what did it do

A

1917 (banned everything but possession of it)

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24
Q

which act enforced prohibition

A

Volstead Act

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25
What were major impacts of prohibition
- criminalization of people who were not criminals a year prior - allowed organized crime to explode for a black market good (kickstart mafia)
26
what is the "Iron Law" of prohibition
the tendency for stronger substances to enter into the market
27
when was prohibition repealled
21th amendment in 1933
28
how did police enforce prohibition
- law enforcement develops new tools like WIRETAPPING
29
what are the facts of Olmstead vs US
- Roy Olmstead was a suspected bootlegger - Feds secretly wiretap his phone - did not have a warrant but did not physically trespass
30
what does the court hold in Olmstead vs US
a search is to be consisted of a "material thing" (person,place,papers) and since it was over a phone call there was nothing material
31
what did the dissent say in Olmstead v US
recognized new problems arising by new technology (used in katz to overturn olmstead)
32
what case established the "automobile exception"
carroll v US
33
what are the facts of carroll v US 1925
feds search a car without a warrant and find alc during prohibition - convict him
34
what does the court hold in carroll v US
warrantless searches is allowed if there is a "reasonable/ Probable cause" to suspect someone is breaking the law
35
what has changed about these automobile searches
they no longer require direct observation just suspicion/consent
36
what are newer automobile cases
- 2005: dog sniff does not constitute a search - Rodriquez v US: cannot extend traffic stop to wait for dog
37
what is the rule of law
America follows a system of laws (no one is above) not people (bedrock principle in legal system)
38
Who wrote "broken windows" in 1982
Wilson and Kelling
39
what was "Broken windows" about
the theory of what causes crime - social disorder (broken windows, drug use) leads to more serious crime
40
what does Broken windows lead police departments to adopt
"order-maintenance"- aggressively police low level disorder (graffiti)
41
what did Wilson and Kelling want cops to do patrol wise
to be back on the streets on FOOT PATROL to affect the culture of neighborhoods (cant do that in a car)
42
what are "blue summons"
when police issue lots of citations for low offences by giving incentives (NJ was biggest experience) HURT RELATIONSHIPS
43
what is the desired function of vehicle patrol
general deterrence - can cover more ground in cars
44
who are "crucial gatekeepers" of police benefits and resources
911 operators
45
what are some issues with rapid response
- slow or no response - communication failures
46
what is the most prominent form of police encounter
traffic stops (12% of all drivers)
47
what is an investigatory stop
proactive stops designed to uncover criminal activity (looking for Mr. wrong)
48
who is Mr. Wrong
implicit tendency to assume a black person is committing a crime (subconscious thinking not necessarily outright racism) PATTERN RECOGNITION
49
difference between traffic stops and investigatory stops regarding race is....
investigatory stops are hold all the racial tendencies because they are naturally more intrusive
50
what is the historical context to Drunk Driving laws
- laws and enforcement of them were weak - BAC was .15
51
what is a "Moral Entrepreneur"
MADE BY HOWARD BECKER - someone who thinks something is wrong in law and try to fix it
52
what was RID
"remove intoxicated drivers" - created a pressure campaign to change sentencing (plea deals) and BAC laws
53
what is MADD
"mothers against drunk driving" - grew very fast
54
What was the federal impact of Moral Entrepreneurship
-1982 Ronald Reagan sign first federal drunk driving legislation (used federal funding) - 1988 every state had drinking age at 21
55
what is persecutorial discretion
Under US law prescutors have broad power to choose which charges to bring
56
what percentage of criminal convictions are reached through a plea deal
95%
57
why is prosecutor discretion important now
since sentencing guidelines have taken power away from judges the specific charges matter
58
who do the prosecutors represent
the people/state
59
what are the 3 levels in a conventional manslaughter
1. murder 2. manslaughter 3. criminally negligent homicide VEHICLE HOMICIDE IS SEPERATE
60
what penalties are vehicular homicide similar with
manslaughter penalties
61
what is a degree of culpability
how legally responsible do we hold the defendant
62
what is Erving Goffman famous for
studying the "presentation of self" (Symbiotic Interactionism)
63
what is a "micro socialist"
people who study society from the bottom up not top down
64
what is Dramaturgy
comparing people to playing roles in a play
65
what is Impression Management
managing how people think of you - front stage vs back stage
66
where does embarrassment happen in impression management
when front and back stage mix
67
What are Total Institutions characteristics
- occupants are similarly situated - live and work in same place - closed to outside world - live under complete control of org PRISION/ MENTAL HEALTH FACILITY
68
what is the "Mortification of the self"
when someone is in a total institution and they are - removed of individual identity (prison numbers)
69
what did Goffman think about prison life
there was no "backstage"
70
what are characteristics of Mass Incarceration
1. "sheer number" of people 2. "systematic imprisonment of whole groups in the population"
71
have rehabilitation methods gone up or down in recent times
down
72
violent crime makes up for ___ % of state prison
55%
73
what are collateral consequences
additional legal penalties outside of the "official sentences" (right to vote)
74
what is the most common reason a license is suspended
court debt from fines and fees to government
75
how many people with suspended license continue to drive
3/4
76
what does the 8th amendment say
- no excessive bail or fines - no cruel and unusual punishment
77
what are the 3 ways capital punishment can be challenged
1. due process 2. equal protection 3. 8th amendment
78
what were the facts of Furman v Georgia 1972
- stopped the death penalty in all states Issue: arbitrariness in application of death penalty
79
what was the holding of Furman v Georgia
established the cruel/unusual standard - georgia left DP decision to jury (arbitrary)
80
what is the cruel/unusual standard
1. if it is too severe for the crime 2. cruel/unusual if it is arbitrary 3. C/U if it is not as effective as a lesser penalty
81
what did Furman v Georgia do to the death penalty
- DID NOT DELCARE UNCONSTITUTIONAL - let states rewrite their laws
82
what is the following case lifting the ban on death penality
Gregg v Georgia 1976
83
what are 2 guidelines for practicing the death penalty
1. must provide objective criteria to decide when to use DP 2. must allow sentencer to take defendant history into account
84
is the death penalty constitutional under the 8th amendment
yes

Law and Society (2 decks)

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