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Criminal Justice > Unit 1 > Flashcards

Unit 1 Flashcards

1
Q

civil rights movement

A

A long-standing attempt by the African American community to overturn the legal and social restrictions of “Jim Crow” segregation and the social attitude prevalent among whites that blacks were inferior (a legacy of slavery).1950s and 1960s, when televised conflicts with white police galvanized both the movement and attempts to reform the police.

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2
Q

Classical school

A

Eighteenth-century philosophy that contends that humans possess free will and are rational and thus make choices about how to behave. people weigh the costs of their actions and the benefits they expect to receive.

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3
Q

confidentiality

A

In self-report surveys, a condition where the identity of a respondent is known by the researcher, but the researcher does not reveal that individual’s identity. Note that confidentiality differs from anonymity.

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4
Q

courtroom workgroup

A

The collection of people who work in and around courthouses. The term “workgroup” is used because these people are employed by different organizations (prosecutor’s offices, public defender’s offices, probation, corrections, etc.) and the membership changes oft en, usually from one defendant’s case to another.

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5
Q

crime-control model

A

Philosophy of criminal justice that contends that the most important goal of the criminal justice system is to suppress crime. This goal is best achieved via the aggressive and quick apprehension, trial, and processing of criminals.

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6
Q

crime rate

A

The number of crimes committed (or reported to authorities), usually expressed as the number of events per 1,000 or 100,000 people (or residents) per year.

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7
Q

dark figure of crime

A

total number of unreported crimes.

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8
Q

deterrence

A

Contends that punishments should prevent crime by making potential offenders aware of the costs of crime. Deterrence argues that the costs of crime outweigh its benefits.

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9
Q

deviance

A

human behaviors or actions that are considered by others to be wrong, bad, or inappropriate

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10
Q

discretion

A

make an accurate judgment about what’s going on (the “situational exigencies”), and decide on the proper response.

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11
Q

due-process model

A

As opposed to the crime-control model, a model of criminal justice that emphasizes procedures and guidelines that the government must follow in order to adjudicate defendants.

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12
Q

due-process revolution

A

Term applied to a series of famous court cases that provided criminal suspects protections from the government. The due-process revolution began in the early 1960s.

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13
Q

felony

A

Term applied to the most serious of crimes (including murder, robbery, and rape). Felonies usually carry a possible prison term of greater than one year

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14
Q

general deterrence

A

A subtype of deterrence theory that predicts that those contemplating the commission of a crime will be influenced by their and the speedunderstanding of the certainty and severity of the punishment at which that punishment will be administered. General deterrence contends that when laws entail sufficient certainty and severity and the punishment is quickly meted out, potential criminals will not commit crimes.

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15
Q

harassment

A

A common complaint against the police by youths and minority groups, focused attention on known criminals and crime-producing locations.

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16
Q

incapacitation

A

is to separate or segregate criminals from the rest of society in order to protect it. If known criminals are removed from society, advocates argue, there will be less crime. Unlike retribution, incapacitation does not see segregation as a form of punishment. Rather, incapacitation also differs from rehabilitation in that it does not necessarily advocate treating offenders

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17
Q

informal social control

A

One of two methods by which society and the other individuals that make up society influence behavior (the other method is called “formal social control”). Examples of informal social control include staring, scorn, the cold shoulder, shunning, and telling people that they are doing something wrong. Societies rely very heavily upon informal social control to keep people in conformity.

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18
Q

just deserts

A

Appropriate punishment for a crime; an element of retribution.

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19
Q

mala in se

A

Behaviors that are considered inherently bad and must be prohibited and punished (for example, murder).

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20
Q

mala prohibita

A

Behaviors that are considered problematic, but not necessarily bad (for example, gambling).

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21
Q

misdemeanor

A

A class of less serious crimes, usually involving punishment of less than one year in prison. Misdemeanors often have different levels of seriousness (such as misdemeanor one, misdemeanor two, etc.).

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22
Q

official statistics

A

One of three types of data society gathers on crime. Official statistics are gathered by or from criminal justice institutions and usually involve crimes brought to the attention of these institutions. The most famous of these official statistics are the FBI’s Uniform Crime Reports (UCR), which record the number of crimes reported to the police and the number of arrests police make. See also self-report statistics and victimization studies

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23
Q

Positivist school

A

human behavior is influenced by external conditions and situations that are beyond individuals’ control; things such as poverty and abusive parenting influence the likelihood that a child will grow up poor and abusive as well.

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24
Q

rehabilitation

A

philosophy of criminal justice that views criminals as “broken” and seeks to “repair” them by reformation and treatment. According to supporters of rehabilitation, once reformed, criminals will no longer engage in crime. Examples of rehabilitation include drug treatment, mental-health counseling, and job training.

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25
Q

retribution

A

criminals should be punished because they have violated the law and that the criminal justice system exists to punish wrongdoers. (an “eye for an eye”), Classical school. Retribution, however, does not punish in order to prevent potential criminals from committing crime. Rather, advocates of retribution argue that punishment is the proper and just thing for a society to do, regardless of its effectiveness in preventing crime.

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26
Q

self-report statistics

A

One of three types of data collected on crime. Self-report statistics are gathered by asking people to report the number of times they have committed a crime during a set period of time. Self-report statistics are often better at discovering unreported crimes, victimless crimes, less serious crimes, and crimes where arrest is unlikely. See also official statistics and victimization studies.

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27
Q

specific deterrence

A

One of the two types of deterrence. Specific deterrence refers to the deterring effect of punishing a particular offender and argues that offenders who are punished for a crime will be less likely to commit that crime again because they will remember the punishment they received the first time. See also general deterrence.

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28
Q

victimization studies

A

One of the three types of crime data collected. Victimization studies ask people if they have been victims of a crime during a certain time period, and they mitigate some of the problems encountered by official statistics and self-report statistics.

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29
Q

victimless crime

A

Class of crime in which no individual is directly victimized, including crimes such as illegal drug use or underage drinking.

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30
Q

acts of omission

A

The failure to do something you are legally required to do

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31
Q

actus reus

A

The “act” of a crime, usually an overt act or act of omission.

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32
Q

bills of attainder

A

Policies that allow the imposition of punishment without a trial. This type of policy is unconstitutional according to the U.S. Constitution. just punishment no trial

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33
Q

case law

A

Law created by judges through their interpretation of other types of laws.

34
Q

common law

A

English-based law that was known throughout the country and applied by local judges through the use of precedent.

35
Q

constitutional law

A

Law that is found in the U.S. Constitution and the various state constitutions.

36
Q

cruel and unusual punishment

A

Punishment that is not only barbarous, like the rack and thumb screws, but also any punishment that is grossly disproportionate to the crime at hand.

37
Q

double jeopardy

A

Constitutional provision that prohibits multiple prosecutions for the same offense.

38
Q

ex post facto

A

A retroactive law that is prohibited by the U.S. Constitution.

39
Q

exclusionary rule

A

A constitutional protection for citizens against unlawful police actions; the rule requires that any evidence obtained illegally must be excluded from criminal trials. Originally a federal-level rule only, it was applied to the states and to local police departments in the landmark 1961 Supreme Court decision Mapp v. Ohio.

40
Q

excessive bail

A

Unreasonably high bail, prohibited by the Eighth Amendment to the U.S. Constitution.

41
Q

excessive fines

A

Financial punishment deemed to be disproportionate to the offense, prohibited by the Eighth Amendment to the U.S. Constitution.

42
Q

general warrants

A

English law in the American colonies allowing the authorities to break into homes and businesses not only to search for evidence of seditious libel but also to search for individuals who were disobeying English law.

43
Q

grand jury

A

A proceeding featuring citizens who assess a prosecutor’s evidence in order to determine if there is enough evidence to proceed to trial.

44
Q

habeas corpus

A

Protection that allows defendants to challenge the legality of their confinement or incarceration.

45
Q

Homeland Security Act of 2002

A

Established the Department of Homeland Security as a cabinet post in the executive branch; the department’s mission is to “prevent terrorist attacks within the United States and reduce the vulnerability of the United States to terrorism.”

46
Q

impartial trial

A

Protection that hopes to ensure an unbiased and neutral jury at trial.

47
Q

incorporation

A

The process of requiring states to adopt the protections found in the federal Bill of Rights.

48
Q

judicial review

A

The power of courts to declare laws unconstitutional.

49
Q

justification

A

A defense to criminal liability that states that an offender was justified in committing a crime (e.g., self-defense)

50
Q

mala in se

A

Behaviors that are considered inherently bad and must be prohibited and punished (e.g., murder).

51
Q

mala prohibita

A

Behaviors that are considered problematic but not necessarily bad (e.g., gambling).

52
Q

mens rea

A

The intent or “guilty mind” behind the commission of a crime.

53
Q

mental capacity

A

A defense to criminal liability in which offenders’ mental states can reduce or absolve them of liability (e.g., insanity).

54
Q

M’Naghten Rule

A

Under this rule, individuals must prove that they were in such a state of mind that they could not know what they were doing or that they did not know that what they were doing was wrong. Insanity

55
Q

precedent

A

The judicial practice of relying on previous decisions to make current ones, in order for the law to be stable and consistent.

56
Q

principle of legality

A

A principle of law that requires the existence of a law that prohibits conduct before a person can be found guilty of it. law must exsist before it can be punished

57
Q

probable cause

A

“the facts and circumstances . . . [and] . . . reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed.”

58
Q

procedural law

A

The “how” of the law that outlines procedures that government officials must follow when adjudicating defendants.

59
Q

public trial

A

Criminal proceeding open to the public, which acts as a “watchdog” over government practices. The right to a public trial is guaranteed by the Sixth Amendment to the U.S. Constitution.

60
Q

Racketeer Influenced and Corrupt Organization (RICO)

A

Statute originally enacted to deal with organized crime and recently being applied to computer-related crime.

61
Q

right to counsel

A

Protection guaranteed by the Sixth Amendment to the U.S. Constitution that allows certain defendants the right to have attorneys assist them in their defense.

62
Q

self-incrimination

A

Protection found in the Fifth Amendment to the U.S. Constitution that specifies that an individual cannot be forced to confess to involvement in criminal activity.

63
Q

speedy trial

A

Protection found in the Sixth Amendment to the U.S. Constitution that guarantees that defendants have their trials commence within a certain amount of time after arrest.

64
Q

statutory law

A

The most common type of law, created by legislative bodies. Crimes and punishments are examples of statutory law.

65
Q

strict liability

A

Crimes that do not require mens rea, or intent, for an individual to be held liable.

66
Q

substantive law

A

The “what” of the law. Describes what the law is rather than how the law should be enforced (i.e., procedural law).

67
Q

trial by jury

A

Criminal proceedings heard by a jury made up of a defendant’s peers. The right to a trial by jury is guaranteed by the U.S. Constitution but only applies to defendants facing six months’ or more incarceration.

68
Q

warrant

A

Document granting permission to government officials to search an individual’s home.

69
Q

goals of CJS

A

control and prevent crime

achieve justice

express nation’s morals and values

70
Q

conservative

A

control prevent crime

crime control

security

71
Q

liberal

A

achieve justice

due process

freedom

72
Q

Wedding cake model

A
73
Q

funnel model

A

large amount of crime

medium reported

small sentenced

74
Q

adversarial model

A

process where prosecution and defense are competing.

simpson case

75
Q

classical school

A

rational thought

logical

free will

76
Q

positivist school

A

external to individuals

sociological

biological

psychological

77
Q

Explain HALT

A

hungry

angry

lonely

tired

78
Q

4th amendment

A

unresonalble search and seizure exclusinary

79
Q

5th

A

due process seft incrimination double jeopordy

80
Q

6ht

A

trial rights

81
Q

8th

A

punishment amendment

82
Q

14th

A

extended the protections from the us constitution and bill of rights

Criminal Justice (2 decks)

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