Units 6 + 11 Flashcards

1
Q

Name the 8 types justice…

A

1) procedural
2) social
3) individual
4) distributive
5) commutative
6) utilitarian
7) retributive
8) restorative

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2
Q

Procedural justice (def)

A

Laws are fairly enforced

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3
Q

Social justice (def)

A

Focus on equality
- believes some groups are under represented

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4
Q

Individual justice (def)

A

Justice on a case-by-case basis

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5
Q

Distributive justice (def)

A

Belief you get what you deserve
- focus on fair outcomes
- distributes resourses fairly ( prisons, police, etc.)

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6
Q

Commutative justice (def)

A

Proportionality; eye for eye
- how severe was the crime?

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7
Q

Utilitarian justice (def)

A

Cost/benefit analysis
- what’s best for society?

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8
Q

Retributive justice (def)

A

Punishment must be unpleasant
- believes criminals deserve what they get

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9
Q

Restorative justice (def)

A

Restores victim and criminal to how they were before the crime

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10
Q

Mechanical model

A

(Assembly line) efficient legal process w/out discretion
- process (quantity) over outcome
-low emphasis on individual and society

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11
Q

Authoritarian

A

Compliance w/ authority
- outcome over process
-low emphasis on individual
-High emphasis on society as defined by authority

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12
Q

Compassionate model

A

Correcting individual reasons for criminal behavior
- focus on prevention and rehabilitation
- low emphasis on society
- high emphasis on individual (help offender)

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13
Q

Participatory model

A

(Mutialization) focuses on society and individual
- ex. Community policing (humanization)

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14
Q

Formal social control

A

Imposed control by govt. punishment
- ex. modern police system
- enforces law
- maintains peace w/ reasonable force and discretion

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15
Q

Nights watch

A

(US) people wandered the streets at night and yelled at criminals

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16
Q

Slave patrols

A

(South US) ensured slaves were where were they were supposed to be

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17
Q

Metropolitan police dept.

A
  • Also known as Scotland Yard
  • first established police dept.
  • founded by Robert peel
  • bobbies = cops in England
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18
Q

Policing random need to knows
- first US police station
- Mounties?
- US Marshals job?

A
  • (US) Organized police formed in Boston
  • (Canada) Mounties: patrolled horseback
  • US Marshals: collected criminals when tasked
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19
Q

Professional era characteristics

A
  • (Def) less political influence lead to more professionalism
    Lead to…
  • Military hierarchy
  • specialized tasks
  • ethical standards
  • Internal affairs
  • actual training
  • less community interaction
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20
Q

3 characteristcs of community problem solving era
(and examples)

A

1) crime prevention
- crime analysis, after school program
2) community policing
- community action groups, foot patrol, substations
3) militarization of police
- body armor

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21
Q

Styles of policing (3)

A

1) watchman style
2) legalistic style
3) service style

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22
Q

Watchman style policing

A
  • Passive/reactive
  • keeps the peace
  • finds alternatives to arrests and incarceration
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23
Q

Legalistic style

A
  • enforce all laws
  • little to no discretion
  • broken windows theory
  • zero tolerance theory
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24
Q

Broken windows theory

A

Cracks down on crimes that cause social decay
Ex. Petty theft, drugs

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25
Q

Zero tolerance theory

A

If you commit a crime you will be punished

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26
Q

Service style

A

Focus on discretion for most appropriate response
- can include arrests w/ force
- on rise w/ community problem

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27
Q

Organization of law enforcement

A
  • Decentralized and fragmented
  • federal (FBI, DEA, ATF)
  • State (state police)
  • local (police dept., sheriffs office)
  • specialized (agencies, military, universities)
28
Q

Courtroom participants (6)

A
  • Judges
  • juries
  • prosecutors
  • clerk
  • bailiffs
  • defense attorneys
29
Q

Court processes (6)

A

1) initial appearance
- probable cause for arrest
- right to council - bail
2) arraignment (plea)
3) discovery (exchange info)
4) plea bargaining
5) pretrial motions
6) trial

30
Q

Trial courts

A

Typical courts we think of
- includes district and circuit courts
*we are in the 4th circuit and western district

31
Q

Appellate courts

A

Panel of judges hear legal appeals (no witnesses)
- ex. Supreme Court
- appellate courts > circuit court > Supreme Court

32
Q

Federal courts

A
  • Us courts (govt.)
  • includes trial and appellate courts
33
Q

Specialized courts

A

Handles specific issues
- ex. Bankruptcy, tax court, FISC

34
Q

Corrections Stats
-$ Spent on corrections?
- # on probation/parole
- # in prison
- # in jail

A

$86 billion
4.5 million
1.5 million
740,000 inmates

35
Q

Incarceration Rates
- US rate?
- average rate?

A

US incarceration: 716/100,000 people
Average: 54% of the world has less than 150/100,000 people incarcerated

36
Q

Theories of Punishment (5)
& Definitions

A

1) Incapacitation: get crime off streets
2) Specific Deterrence: individually stop the crime (by punishing criminal)
3) General Deterrence: deters society (b/c they see the potential punishment)
4) Rehabilitation: changes future criminal behaviors
5) Retribution: revenge, victim is content b/c criminal is punished

37
Q

Recidivism (Def)
& 2 stats

A

new crimes committed by repeat offenders
-77% from state prisons = rearrested
- 42% from federal prisons = rearrested

38
Q

Colonial Era Punishments (5 examples)

A

1) fines
2) beatings
3) banishment
4) public shaming
5) death

39
Q

Jail VS Prison

A

Jail: incarceration while awaiting trial, less than 1 year
-usually for misdemeanors
Prison: incarceration for 1+ years
-usually for felonys

40
Q

Alternatives to Incarceration (4)
& Definitions

A

1) Probation: monitored life outside of prison, can lead to jail time if violated
2) Parole: monitored early release/suspended sentence
3) Halfway House: live with other offenders, get counseling/edu
4) House Arrest: electronically monitored

41
Q

Just World

A

belief that we live in a world where people get what they deserve

42
Q

Exoneration

A

situation where a person convicted of a crime is excused for legal consequences after discovering innocence

43
Q

Vigilante Justice

A

occurs when individuals bypass the criminal justice system and resolve conflict by taking the law into their own hands

44
Q

Ideology
Ideological Justice

A

Ideology: world view a person subscribes to
Ideological Justice: society will not be able to achieve justice until policies are enacted that support their desired ideology

45
Q

Discourse Perspective Justice

A

discourse in which the public reaches consensus on what is/isn’t just

46
Q

Postmodernism

A

philosophical perspective holding that there are multiple equally valid realities

47
Q

Veil of Ignorance

A

thought experiment in which people know nothing of their own background

48
Q

Thin Blue Line

A

division between police and public stemming from limited contact
-“Us vs Them” mentality

49
Q

De-Escalation

A

a police technique used to defuse potentially dangerous situations

50
Q

Hot Spots Policing

A

crime prevention strategy that involves placing officers where crime is located

51
Q

Community Oriented Policing

A

a policing strategy used to foster a positive relationship between community and police

52
Q

Problem Oriented Policing

A

designed to help police identify and respond to the root causes of crime

53
Q

Compstat

A

policing strategy that integrates crime data and crime mapping to analyze crime patterns

54
Q

Adjudication

A

formal legal process for resolving legal disputes in court

55
Q

Jurisdiction

A

authority given to a court to hear a particular dispute
-types: hierarchal, subject matter, and geographical

56
Q

Courtroom Workgroup

A

working relationship that develops among court employees

57
Q

Grand Jury

A

group of citizens impaneled to hear evidence presented by a prosecutor to determine probable cause (preliminary hearing)

58
Q

Exculpatory Evidence

A

evidence that may be favorable to the defendant in a criminal trial

59
Q

Motion

A

formal request for the court to make a specific ruling on any issue or question

60
Q

Summons

A

court order that directs recipient to appear in court at a specific time/date
-ex. jury duty

61
Q

Peremptory Challenge

A

allows the prosecution or defense to excuse a potential jury member

62
Q

Petit Jury

A

group of 12 jurors empaneled to hear particular criminal case

63
Q

Indeterminate Sentencing

A

method in which a statute sets a broad range of permissible sentences for an offense - allows judge to choose sentencing time

64
Q

Judicial Review

A

power of the courts to invalidate laws enacted by legislature

65
Q

Legal Reasoning

A

the process by which judges make decisions about how to interpret and apply the law