Criminal Justice Exam 1

the civil rights act of 1964

declares that is is illegal for businesses, hotels, restaurants, and public transportation to deny citizens service based on their race

events that shaped the modern criminal justice system

-rioting and fear of crime
-civil rights and war protests
-the war on crime
-omnibus crime control and safe streets act of 1968

president's commission on law enforcement and administration of justice

concludes that most people had lost confidence in the ability of the police to maintain law and order

war on crime

declared by lyndon b. johnson to counter crime and social disorder

omnibus crime control and safe streets act of 1968

created the LEAA (law enforcement assistance administration) to act as a conduit for the transfer of federal funds to state and local law enforcement agencies (also created LEEP)

national commission on criminal justice standards and goals

formulates specific standards and goals for police, courts, corrections, and crime prevention

law enforcement educational program (LEEP)

goal to promote education among criminal justice personnel

war on terrorism

-declared by president george w. bush in response to the attacks of september 11, 2001
-new cabinet position of secretary of the office of homeland security is created

social norms

the expected normative behavior in a society

criminal justice system

the enforcement by the police, the courts, and correctional institutions, of obedience to laws

system of social control

a social system designed to maintain order and regulate interactions

order maintenance

a system of maintaining the day-to-day life of ordinary citizens, a primary goal of the criminal justice system

bill of rights

delineates certain guaranteed freedoms of citizens, such as trial by jury and freedom of speech

crime control model

a model of the criminal justice system in which emphasis is placed on fighting crime and protecting potential victims

due process

rules and procedures for protecting individuals accused of crimes from arbitrary and excessive abuse of power by the government

the criminal justice process

-crime is committed
-crime is reported
-investigation
-arrest
-booking
-initial appearance
-bail
-preliminary hearing
-grand jury
-indictment
-arraignment
-jury trial
-bench trial
-sentence
-appeal
-corrections

booking

police activity that establishes the identification of an arrested person and formally charges that person with a crime

initial appearance

-a judicial hearing before a magistrate, following booking
-magistrate judge reviews the charges, advises the defendant of his or her rights, and sets bail

bail

a promise, sometimes backed by a guarantee, that the accused will return for further proceedings

preliminary hearing

a hearing before the magistrate judge in which the prosecution presents evidence to convince the judge that there is probable cause to bring the defendant to trial

grand jury

a panel of citizens that decides whether there is a probable cause to indict a defendant on the alleged charges

indictment

the formal verdict of the grand jury that there is sufficient evidence to bring a person to trial

arraignment

a short hearing before the judge in which the charges against the defendant are announced

probation

convicted defendant is offered an opportunity to avoid serving any time in prison by agreeing to fulfill conditions set forth by the court

parole

early release from prison before the maximum sentence is served, based on evidence of rehabilitation and the good behavior of the inmate

criminology theories

attempt to generalize principles that can explain factors which influence offending, victimization, and rehabilitation

classical school theories

the school of thought that individuals have free will to choose whether or not to commit crimes and that criminals should have rights in the criminal justice system

neoclassical school theories

similar to classical school theories, except for the beliefs that there are mitigating circumstances for criminal acts, such as the age or mental capacity of the offender, and the punishment should fit the crime

positive school

modern theories of crime, primarily based on sociology and psychology, that people commit crimes because of uncontrollable internal or external factors, which can be observed and measured

atavistic stigmata

-the study of the physical traits of criminals, a method by lombroso
-made extensive physical measurements to define what he called the "criminal man

psychological/psychoanalytic theory

behavior is not a matter of free will but is controlled by subconscious desires, which includes the idea that criminal behavior is a result of unresolved internal conflict and guilt

zone theory

-a concept that juvenile delinquency is caused by zones of social environments based on status differences, including poverty, illiteracy, lack of schooling, unemployment, and illegitimacy - but not ethnicity
-chicago school*

social disorganization theory

supports the notion that criminal behavior is dependent on disruptive social forces, not on individual characteristics

differential association theory

the concept that criminal and delinquent behaviors are learned entirely through group interactions, with peers reinforcing and rewarding these behaviors

social control theory

the focus on the social and cultural values that exert control over and reinforce the behavior of individuals

neutralization theory

the concept that most people commit some type of criminal act in their lives and that many people are prevented from doing so again because of a sense of guilt, while criminals neutralize feelings of guilt through rationalization, denial, or an appeal to

strain theory

the assumption that individuals resort to crime out of frustration from being unable to attain economic comfort or success

cultural deviance theories

values of deviant subcultural groups within society, such as organized crime families, juvenile gangs, and hate groups, have great power over individuals' behavior

conflict theories

the most politically and socially powerful individuals and organizations use the legal system to exploit less-powerful individuals and to retain their power and privileges

biological theories

-human behavior is constitutionally or genetically determined
-basic determinants of human behavior may be passed from generation to generation
-some behavior is the result of propensities inherited from more primitive developmental stages in the evolutio

victimology

the study of victims and the patterns of how they are victimized

victim-precipitation theories

victims in come way contribute to or provoke crimes against them

crime clock

method used by the FBI to report how often crimes occur

uniform crime report (UCR)

database of information about reported crimes collected by the FBI over time

hierarchy rule

counting only the most serious crime in a single incident involving multiple crimes

clearance rate

the percentage of crimes solved versus those that are unsolved

national incident-based reporting system (NIBRS)

includes specific data about reported crimes, including the place of occurrence, weapon used, type and value of property damaged or stolen, and personal characteristics of any relationship between the offender and the victim

national crime victimization survey (NCVS)

a survey that gathers detailed information about crimes from victims using a representative sample of U.S. households

utilitarianism

a rational system of jurisprudence provides for the greatest happiness for the greatest number of people

rule of law

standards of behavior and privilege are established by laws and not by monarchs or religious leaders

mala in se

acts that are crimes because they are inherently evil or harmful to society

mala prohibita

acts that are prohibited because they are defined as crimes by law

common law

unwritten, simply stated laws, based on traditions and common understandings in a time when most people were illiterate

principle of legality

the principle that citizens cannot be punished for conduct for which no law against it exists

ex post facto laws

laws providing that citizens cannot be punished for actions committed before laws against the actions were passed and that the government cannot increase the penalty for a specific crime after the crime was committed

substantive due process

limits the government's power to criminalize behavior unless there is a compelling reason for the public interest to do so

procedural due process

requires that the government follow standard procedures and treat all defendants equally

stare decisis

US system of developing and applying case law on the basis of precedents established in previous cases

void for vagueness

laws that do not use clear and specific language to define prohibited behaviors cannot be upheld

right to privacy

laws that violate personal privacy cannot be upheld

void for overbreadth

laws that go too far in that they criminalize legally protected behavior in an attempt to make some other behavior illegal cannot be upheld

elements of crime

the illegal actions (actus reus) and criminal intentions (mens rea) of the actor along with the circumstances that link the two, especially causation

failure to act

an exception to actus reus in which a person fails to act when there is a legal duty to act

general intent

criminal intent in which a person has commonsense understanding that the results of his or her actions might cause harm

specific intent

criminal intent in which a person knowingly takes action to commit a crime

transferred intent

criminal intent in which a person intends to harm a person but instead harms a different person

constructive intent

criminal intent in which a person does not intend to harm anyone but should have known that his or her actions created the risk of harm

inchoate offense

an action that goes beyond mere thought but does not result in a completed crime

solicitation

the requesting or commanding of another to commit a crime

conspiracy

the planning by two or more people to commit a crime

defense of duress

legal claim by a defendant that he or she acted involuntarily under the threat of immediate and serious harm by another

mistake or ignorance of fact

an affirmative legal defense in which the defendant made a mistake that does not meet the requirement for mens rea

self-defense

defendant claims that he or she acted to protect himself or herself or another person against a deadly attack or invasion of his or her home

necessity

an affirmative legal defense claiming the defendant committed an act out of need, and not mens rea

homicide

the killing of one human being by another

murder

all intentional killings and deaths that occur in the course of aggravated felonies

manslaughter

the killing of another without the specific intent to kill

rape (sexual assault)

nonconsensual sexual acts

robbery

the taking away of property from a person by force or the immediate threat of force

assault

the crime of willfully inflicting injury on another

burglary

a combination of trespass and the intent to commit a crime

arson

the malicious burning of a structure

larceny

the wrongful taking of another's property with the intent to permanently deprive its owner of its possession

jurisdiction

the geographical limits of responsibility and legitimate duties of law enforcement officers

federal law enforcement agencies

agencies that enforce only federal laws and are under the control of the executive branch of the federal government

military police

police who are members of the military and provide law enforcement services on military bases, on certain federal lands, and in cases involving military personnel

tribal police

police that provide law enforcement services on native american reservations, where local and state police have no jurisdiction, and federal police only have limited jurisdiction

london metropolitan police

-Sir Robert Peel - 1829
~Mission
~Strategy
~Structure

bobbies of 1829

-Full time, paid
-Military organization and structure
-Clearly identifiable uniforms
-Crime prevention
Fixed "beats"
-Full arrest power

structure and duties of sheriff's department

-Sheriff is an elected official
-Appoints officers (deputies) to help carry out mission of office
-Wear distinctive uniforms
-Same level of police officer as municipal police - training
-Serve as officers of the court
-Operate county jails
-General law en

jurisdiction of municipal police

-City limits: although, per statute, police officers may enforce certain laws when outside of their jurisdiction
-Legal jurisdiction: enforce city, county state, and federal law
-Metro police: combined geographical jurisdiction; Metro Dade, Las Vegas Metr

order maintenance

Noncrime-fighting services performed by police, such as mediation, providing for the welfare of vulnerable persons, and crime control and prevention.

challenges of community policing

-Restructuring of police departments.
-A new focus on prevention and quality of life.
-Pushes decision-making down to the line level.
-Resisted by many officers as being soft on crime.
-Less reliance on crime data.
-Community partnerships.

broken window theory

The belief that ignoring public order violations and disruptive behavior leads to community neglect, which fosters further disorder and crime

community policing

Decentralized policing programs that focus on crime prevention, quality of life in a community, public order, and alternatives to arrest.

federal bureau of investigation (FBI)

federal agency responsible for protecting the US from terrorist attacks, foreign intelligence and espionage, cyber-based attacks, and high-technology crimes, and for combating public corruption at all levels

metro police

local police agency that serves several geographic locations, such as a large city or county

federal police

have full authority anywhere within the United States

state police

have authority within the state

sheriff

have authority within the county

municipal

authority within city limits

zero-tolerance strategy

strict enforcement of the laws, even for minor violations

problem-oriented policing

a proactive type of community policing that focuses on solving the underlying problems of delinquency and crime