Test Review Flashcards
The study of the use of punishments for criminal offences
Penology
Feeling or expressing remorse for one’s misdeeds or sins
Penitence
The range of community and institutional sanctions, treatment programs, and services for managing criminal offenders
Corrections
Holding a person accountable for committing a crime
Punishment
A correctional goal focused on the future behavior of the offender and society
Deterrence
Reducing the offender’s ability or capacity to commit future crime
Incapacitation
A pledge or money or property in exchange for a promise to appear in court
Bail
Bail paid by a third party, for a fee, in exchange for a promise to appear in court
Bond
Penalty or loss of ownership for the illegal use of property or asset
Forfeiture
A flat or straight sentence where a specific term is imposed upon conviction
Determinate Sentencing
Correctional supervision that falls between the most lenient and most harsh types of punishment
Intermediate Sanctions
A sanction in which the offender must not leave his/her home except during court approved times
Home Detention
an alternative to traditional incarceration
Shock incarceration
Integrates uniforms, physical labor, as well as drug and or educational programming
Boot camp
The sentence and punishment of the individual offender that prevents that individual from committing future crime
Specific Deterrence
The recognition that criminal acts result in punishment and the effect of that recognition on society that prevents future crime
General Deterrence
prohibits Congress from abridging the freedom of speech, or of the press, or the right of the people to peaceable assemble
First Amendment
people should be secure against unreasonable search and seizure
Fourth Amendment
Constitutional Rights of inmates
Mail, Health care, be free of cruel AND unusual punishment, adequate food, clothing, housing, religion
due process
When offender agrees to plead guilty to a lesser charge
Plea Bargain
A summary of a defendant’s criminal and social history used by the court prior to sentencing to help determine the appropriate sanction
Presentence Investigation
Release from jail based solely on the offender’s promise to appear
Release on Recognizance (ROR)
Short-term correctional facilities typically run by the County Sheriff
Jail
Long-term correctional facilities typically run by the state or federal government
Prisons
Occurs when an officer spends his/her entire shift inside of a unit with the inmates
Direct supervision
characterized by a primary control center that oversees multiple modules within a housing unit and where unit officers conduct rounds within each module, but spend most of their shift outside of the modules themselves
Indirect supervision
help control inmate behavior and the allocation of assets and resources
Classification
Special provisions designed to provide for the safety and well-being of inmates who, based upon findings of fact, would be in danger if placed in general population
Protective custody
Offender Types
Adult Juvenile Special Needs Violent Property
The offender type with the highest recidivism rates are
Property Offenders
Female inmates are also more likely, when compared to their male counterparts, to have
A higher rate of HIV infection
A history of greater drug use
Nearly three times the rate of diagnosed depression
- The effect of punishment whereby the offender feels cast aside and abandoned by the community
- The focus is on the individual, not the criminal act
Stigmatizing Shaming
- Punishes and stigmatizes the criminal act, while acknowledging the fundamental decency and goodness of the offender
- The focus is on the criminal act, not the individual
Reintegrative Shaming
the creation of an environment and provision of rehabilitation programs that encourage inmates to accept responsibility and to address personal disorders that make success in the community difficult
Treatment
=Supervise and monitor parolees for parole violations
=Have the legal authority to arrest parolees
-Make recommendations to the court to terminate a parole sentence
Parole Officers
The BOP has one maximum security facility located in
Florence, CO
The science of knowing
Epistemology
=A subfield of epistemology
=The science of finding out
=Procedures for scientific investigation
Methodology
There are four main purposes or reasons that we do social science research
Exploration
Description
Explanation
Application
Addresses issues of voluntary participation and no harm to participants.
-Requires that subjects both have the capacity to understand and do understand the research, risks, side effects, benefits to subjects, and procedures used
Informed consent
- Interviewing subjects to learn about their experience and participation in the research
- Inform them of the previously unrevealed purpose of the research
- Commonly undertaken when participants could have been harmed in some way
Debriefing
Presumed to cause or determine the dependent variable
Independent variable
Assumed to depend on or be caused by another variable (the independent variable)
Dependent variable
Correlation
Time order
Nonspuriousness
Three main criteria for causal relationships
one point in time
cross sectional
Over a longer period of time
longitudinal
Four levels of measurement
Nominal
Ordinal
Interval
Ratio
Offer names or labels for characteristics
Order does not matter
Examples: race, gender, state of residence
Nominal
Attributes can be logically rank-ordered
High, medium, low
Examples: education, opinions, occupational status
Ordinal
Can be ranked
Meaningful (and equal) distance between attributes
Examples: temperature, IQ
Interval
Has a true zero point
Examples: age, # of priors, sentence length, income
Ratio
Whether a particular measurement technique, repeatedly applied to the same object, would yield the same result each time
Reliability
The extent to which an empirical measure adequately reflects the meaning of the concept under consideration
Validity
The difference between the characteristics of a sample and the characteristics of the population from which it was selected
Sampling error
These sampling methods are based on the availability of subjects, or the researcher’s judgment
Nonprobability Sampling
Nonprobability sampling methods include:
Convenience sampling
Purposive sampling
Snowball sampling
Quota sampling
Probability Sampling
Simple random sampling
Systematic sampling
Stratified sampling
Multistage cluster sampling
A group of subjects to whom an experimental stimulus is administered
Exposed to whatever treatment, policy, initiative we are testing
Experimental group
A group of subjects to whom no experimental stimulus is administered and who should resemble the experimental group in all other respects
Very similar to experimental group, except that they are NOT exposed
Control Group
All true experiments have a
Post=test
exactly the same as a posttest, just administered at a different time
pre-test
Three Major Designs in Field Research
Participant Observation
Intensive Interviewing
Focus Groups
Unstructured group interviews usually centered around specific topic of interest to the study
Lead by focus group leader, who is usually a researcher
Focus Groups
Open-ended, relatively unstructured questioning
Interviewer seeks in-depth information on the interviewee’s feelings, experiences, and perceptions
Intensive Interviewing
Develop sustained relationship with people while they go about their normal activities
Participant Observation
we focus on visible surface content
manifest content
we focus on the underlying meaning
latent content
- attempt to punish people retroactively
- forbidden in one of the original “Articles” of the U.S. Constitution.
- don’t give fair notice and allow the government to target people it simply does not like.
Ex post facto laws
- attempt to punish people for something over which they have no control, like being sick or being old or being ugly. Status offenses constitute “cruel and unusual punishment.”
- -Punishing someone for being mentally ill or for having a contagious disease would constitute a status offense.
Status offenses
Making it illegal for women to do something (like drink or smoke) but allowing men to do it would violate
Equal protection
The guarantee of equal protection is found in the
14th Amendment to the Constitution.
not actually found explicitly anywhere in the Constitution. It is “implied.” For this reason it remains controversial
Right to Privacy
mini-rights to privacy
3rd Amendment (freedom from having to quarter soldiers in our homes), 4th Amendment (no unreasonable searches) and 5th Amendment (privilege against self-incrimination).
Every crime requires the presence of two things
Mens Rea plus Actus Reus
- the mental element of a crime
- by itself is not enough to have a crime
Mens rea
- the physical element of a crime.
- by itself is not enough to have a crime.
- failing to act
Actus reus
- usually involve safety violations with very small penalties
- offenses exist to protect public safety and are not seen as too unfair since the need is great and the penalties are small
- glaring exception to the “mens rea requirement.”
Strict Liability
- the mens rea of someone is “transferred” on to you because you are in charge of that person somehow
- tolerated by the courts despite “blameworthiness” since the penalties tend to be light and the need for them is so great.
- making a parent pay for their child’s crime
Vicarious Liability
means not fully completed. The idea here is that some actions will be made crimes even though “no harm” was actually done.
Inchoate Crimes
occurs whenever a person has taken a SUBSTANTIAL STEP towards a crime
Attempt
occurs whenever two or more people AGREE to commit a crime. The agreed to crime never has to actually occur. The agreement itself is the crime.
Conspiracy
occurs whenever someone REQUESTS another person to do a crime. No agreement is necessary.
Solicitation
when a jury decides that even though he did NOT do the right thing in breaking the law, he should be forgiven because something is wrong with him.
Excused
when a jury decides she did the RIGHT THING in “breaking” the law
Justified
is composed of three principle players: the prosecutor, the defense attorney, and the judge
Courtroom Workgroup
ushered in the London Metropolitan Police Act, which created the first uniformed, organized police force
Sir Robert Peel
became the foundation for thinking about modern policing. These principles emphasized that the police are part of the public, not a separate entity that rules over the public.
Peel’s Principles of Law Enforcement
Three cities claim to have the first police departments in the United States
Boston, Philadelphia, New York
A police department is organized by a hierarchy of authority that has three characteristics
- Unity of command: every individual reports to one immediate superior.
- Chain of command: identifies the line of authority, who reports to whom.
- Span of control: ratio of supervisors to subordinates.
argues that a breakdown of informal controls in communities contributes to crime.
Broken Windows Theory
Four elements of community policing
Philosophy
Organizational transformation
partnerships
Proactive
Factors that Affect Police Decision-Making
Organizational, Situational, Individual
requires the police to obtain a warrant based on probable cause before conducting a search or seizure
4th amendment
facts or hard evidence that would lead a reasonable person to believe that a specific person has committed, is committing, or is about to commit a specific crime.
Probable cause
facts or circumstances that would lead a reasonable person to believe that a person has committed, is committing, or is about to commit a crime.
Reasonable suspicion
vulnerable to claims of entrapment
undercover operations
the effort required to gain compliance from unwilling suspect
Force
when an officer uses more force than is justified for a legitimate police function
Use of excessive force
when an officer uses force too often in encounters with citizens
Excessive use of force
when officers engage in corrupt activities in order to achieve a noble goal
Noble-cause corruption
officers who engage in corruption only occasionally and/or when the opportunity presents itself; don’t actively pursue corruption
Grass-eaters
officers who aggressively pursue corrupt activities (e.g., solicit bribes, participate in gang activity, etc).
Meat-eaters
An ethical system that judges one’s actions as more important than the results they produce
Deontological
An ethical system that judges the results one’s actions produce as more important than the actions themselves
Teleological
Being good is defined as meeting the
needs of others
Ethics of Care
! Believes ethics is largely based upon character and the possessions of virtues
! Golden Mean – a balance of being both good and bad
Ethics of Virtue
Focuses on duty and holds that the only thing truly good is “good will”
Ethical Formalism
The principle or practice of unselfish concern for or devotion to the welfare of others
Altruism
An inordinate fascination with oneself
Narcissism
something the commands action that is necessary without any reference to intended purposes or consequences
Categorical Imperatives
The idea that one gives up one’s right to be treated under the principles of respect for persons to the extent that one has abrogated someone else’s right
The Principle of Forfeiture
Postulates that what is good for one’s survival and personal happiness is moral
Egoism
The idea that most people have similar beliefs, values, and goals, and that societal laws reflect the majority view
The Consensus Paradigm
are more likely to be antisocial, to have serious childhood
conduct disorders, and to commit serious offenses
men
Another name for the Code of Silence or the practice of police officers to remain silent when fellow officers commit unethical actions
The Blue Curtain of Secrecy
The idea that principles and rights are inherent in nature
Natural Law
Believing one’s original theory of the case despite evidence to the contrary
Belief Perseverance
The component of justice that looks for the greatest good for all
Utilitarian justice
The component of justice that concerns the determination and methods of punishment
Retributive justice
The component of justice that concerns the steps taken to reach a determination of guilt, punishment, or other conclusions of law
Procedural justice
System-wide abuse that refers to policies, including overcrowding, inadequate medical, and the use of isolation cells
Systemic or budgetary abuse
An element of Peacemaking Corrections that involves looking at what needs to be done with both the heart and head
Wholesight
The term used for the interdependence that may develop
between correctional officers and inmates that is
characterized by favoritism is called
Reciprocity
The scientific method is used to study and understand crime/criminality
Positivism
was the first to collect and analyze physical measures (i.e. facial features, structure of the skull, etc.)
Cesare Lombroso
something that is said to decrease the probability of someone’s offending
Protective factors
something that is said to increase the probability of someone’s offending
Risk factors
- form in response to their inability to reach middle-class goals of success
- culture within a culture
Subculture
Views “conflict” as originating from multiple sources within society, not just capitalism
Conflict Criminology
A theory which is said to apply only to violent victimization
Victim Precipitation Theory
Moffitt argued that we can classify offenders into 1 of 2 groups
- Adolescent-limited
- Life-course persistent offenders
Moffitt’s Developmental Typology
focus on the age/crime curve
Developmental Theory
individual characteristics that shape emotional responses of others
Temperament
psychological characteristics that result from our temperament interacting with developmental experiences
Personality
Criminal behavior is part of a general pattern of life
Lifestyle Theory
- Society is set up in such a way that some fail and others succeed
- Crime is a result of the unjust ways society is set up
Merton’s Anomie Theory
- Removal of positive stimuli
- Introduction of negative stimuli
General Strain Theory
- impact how we view ourselves and how others view us
- can lead to a self-fulfilling prophecy
Labeling Theory
Argues that crime is shaped by attributes of the community
Social Disorganization Theory
-Offenders neutralize their sense of shame or guilt through psychological strategies
Used to justify or excuse their behavior:
Denial of responsibility
Denial of injury
Denial of victim
Condemnation of condemners
Appeal to higher loyalties
Neutralization Theory
We all aspire for the “American Dream”
Merton’s Anomie Theory
If you have weakened bonds to society, you are more likely to offend because you have less of a stake in conformity
Social Bond Theory
- Crime is learned through intimate social groups
- same techniques that are used to learn prosocial behavior are used to learn antisocial behavior
Differential Association Theory
Crime is result of 3 things converging in time and space
Motivated offender
Suitable targets
Absence of capable guardians
Routine Activities Theory
- Acknowledges human agency
- Focuses on choice structuring behind offending
- Assumes crime is beneficial to offender
- Does not assume all criminals make same choices
Rational Choice Theory
Emphasizes human rationality and free will when explaining crime
Classical School
Emphasizes unique biological, psychological, or social factors of people when explaining crime
Positivism
Argued for just and human punishments
Cesare Beccaria
In order to deter, punishments should outweigh benefits and be:
Swift
Certain
Severe
Classical School
Does not include:
Those under 12 years old
The homeless
The institutionalized
NCVS
indicate whether a sample statistic has a low or high chance of occurring.
Probability Distribution
- Data can be measured at the nominal, ordinal, interval, and ratio levels.
- The proper test to use for a hypothesis test is determined
Levels of Measurement
Non-categorical data.
Examples: age, income, education.
Survey answer choices that are measured in numbers rather than categories.
Interval and ratio data.
Continuous Data
Predictability in survey answers.
Consistency in survey answers.
A survey question is reliable if it will elicit the same response in similar survey circumstances.
Survey Question Reliability
Used in formal hypothesis testing.
A method of science.
A statement that the variables are unrelated to each other.
Used as part of a test of statistical significance.
Null Hypothesis
Bivariate correlation.
Continuous data.
The two variables increase or decrease together, e.g., annual income and tax burden.
Contrasted with a negative (or inverse) correlation.
Positive Correlation
Y = a + b (X)
Slope and intercept.
A prediction technique.
The values of the dependent variable Y are predicted from the values of the independent variable X.
Regression Analysis
An unfounded projection.
Applying the results of group-level statistical analyses to individual people.
A type of biased reasoning.
Ecological Fallacy
A repeated samples technique.
The distribution of sample statistics from an infinite number of samples of the same size will be approximately normal.
Assists with probabilities.
Central Limit Theorem
The main focus of a study.
Dependent Variable
Samples provide estimates of population parameters that inherently include errors
Sampling error
Two types of sampling error
Non-random error: flaws in the sampling process produce flawed estimates.
Random error: any sample is one of an infinity number of samples that could have been drawn, so population estimates from samples aren’t likely to be completely accurate.
if you don’t start with reliable data (garbage in), you’ll end up with unreliable results (garbage out)
GIGO
two variables may be correlated because a third variable has been left out of the analysis.
Omitted variable bias
describe characteristics of the population or a sample
Descriptive statistics
helps draw conclusions about a population from a sample
Inferential statistics
Right Against Cruel and Unusual Punishment
Incorporated against states Robinson v CA (1962)
Right Against Excessive Fines
Not incorporated against states yet
Right Against Excessive Bail
Incorporated (implied) in Schilb v. Kuebel (1971)
8th amendment rights
means a strike of a potential juror without explanation
Peremptory strike
Criminal juries at state level may consist of less than 12 jurors, but at least
6 jurors are required
jury trial right has been incorporated against the states, it does not require states to provide 12 member jury trials in all criminal cases (as is required at federal level)
-Right to jury trial does not apply to state petty crimes with less than 6 months in prison
6th amendment
Two major prongs to ineffective assistance of counsel claims
Deficient performance and Prejudice
right to counsel now requires that government must provide indigent defendants an attorney at government expense to defendants facing jail/prison time
This right “attaches” or begins once a “critical stage” of criminal proceedings occur—this could be at arraignment, preliminary hearing, but most often at time of indictment (but merely being a suspect is not sufficient to cause right to attach)
Attachment of 6th Amendment Right to Counsel
does not apply to physical attributes of the suspect, such as providing fingerprints, blood samples, hair samples, DNA swabs, etc.
Miranda
need only be given when there is 1) custodial 2) interrogation. Talking to someone not in custody, say during a Terry stop, does not require Miranda warnings (i.e. traffic stops and Terry stops do not constitute custody for these purposes)
Purpose of warnings is to protect 5th Amendment rights against self incrimination by mitigating the psychological coercion inherent in custodial interrogation by law enforcement officers (and thus help prevent false confessions, which is a leading cause of wrongful convictions)
Miranda warnings
Based on reasonable suspicion (i.e. the officer must be able to give articulable reasons for detaining a suspect, more than a hunch or a gut feeling), which is considerably less than probable cause
Terry Stops
evidence obtained in violation of 4th Amendment is generally excludable
Fourth Amendment exclusionary rule
When Does a Seizure Begin?
Seizures occur when a suspect objectively would believe they are not free to leave (not subjective fear based on individual feelings of suspect, but rather objective test—courts consider whether a hypothetical reasonable person would feel free to leave under the totality of the circumstances)
However, seizure does not occur until a command to stop is complied with or touch (a suspect running from officers is not seized upon command to stop, but only upon being touched)
Two main theories for nonconsensual, warrantless automobile searches at scene of stop
Probable cause and Search incident to arrest
Area immediately around the home, such as a porch, which is constitutionally protected similar to the house itself
Curtilage
1803, held the Supreme Court has the power of judicial review: the authority to strike down laws and acts of government officials as unconstitutional)
Marbury v Madison
1961, 4th Amendment exclusionary rule incorporated into 14th Amendment, thus applying to states: evidence gained in violation of 4th Amendment excluded from state criminal trials—extended Weeks case to states
Mapp v Ohio
1963, government must provide indigent felony defendants an attorney at govt. expense, later extended to all defendants facing jail or prison time
Gideon v Wainwright
Some rights still not incorporated in the Bill of Rights
3rd Amendment right against quartering soldiers
5th Amendment right to grand jury for indictments
7th Amendment right to civil jury trials in disputes over $20
Due Process Clause
14th Amendment
