Criminal Justice Ch.6-10

policing

enforcing the law by apprehending violators and thereby protecting citizens. crime prevention and social services such as education of the public are more recent emphases in law enforcement

limited jurisdiction

the jurisdiction of courts that have narrow legal authority over specific types of matters(e.g. surrogate court, tax court)

general jurisdiction

the jurisdiction of courts where most trials for felonies occur, as well as trials in major civil cases

appellate jurisdiction

the jurisdiction of courts that review specific legal issues raised in trial courts

local jails

facilities used to detain adults awaiting trail and offenders serving sentences of a year or less

probation

a system under which a person convicted of a crime serves a sentence in the community under than supervision of a probation officer

bill of rights

the first ten amendments to the constitution--details many of the requirements for adjudication, such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure

Fourth amendment

protection against unreasonable searched and seizures. also no warrants except upon probable cause

Fifth amendment

a person shall not be compelled to be a witness against himself or herself

Fifth and Fourteenth Amendment

life, liberty, and property shall not be taken away without due process of law

Eighth Amendment

cruel and unusual punishments shall not be inflicted

probable cause

a reasonable link between a specific person and a particular crime: the legal threshold required before police can arrest or search an individual

warrant

a sworn statement by police that attests to the existence of probable cause in a given case; it is signed by a judge who agrees with the officers' assessment of the facts

arrest

process of taking a suspect into custody for the purpose of prosecution

booking

a procedure in which an official record of the arrest is made

summons

a written notice to appear in court

bail

a form of pretrial release where the court holds money or property to ensure that the arrestee will appear for trial

surety

bail posted by a bondsmen on behalf of an arrestee

plea

a statement of innocence or guilt

arraignment

a hearing where the defendant is informed of the charges and of his or her rights and enters a plea

information

a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing

grand jury

a group of citizens who hear the evidence presented by a prosecutor to determine whether probable cause exists to hold a person for trial

indictment

a formal accusation of a crime based on the vote of a grand jury

bench trial

a trial in which the judge determines guilt or innocence

jury trial

a trial to which the jury determines guilt or innocence

acquittal

a finding after trial of not guilty

conviction

a finding of guilt beyond a reasonable doubt

sentencing

a judge's decision as to what is to the the most appropriate punishment, given the type of crime and offender, and within a specified range established by law

presentence investigation

an investigation by the probation department that seeks information regarding the offender's personal and social background, criminal record, and any other information that may help the judge match the sentence to the offender

incarceration

segregation of offenders from the rest of the community in jails or prisons to rehabilitate, incapacitate, or punish them and to deter others from committing similar crimes

parole

a phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community

appeal

a review of lower court decisions by a higher court to look for errors of law or procedure

justices

the title of judges of an appellate court

mistrial

a trial that has been declared invalid because of a substantial error in law or procedure

frisk

a patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made

search

an exploratory inspection of a person or property based on probable cause of law violation

seizure

confiscation of property occurring when there is some meaningful interference with the individual's possession of property

reasonable suspicion

a situation in which a police officer has good reason to believe that criminal activity may be occurring; this permits a brief investigative inquiry of the suspect(florida v. J.L)

exclusionary rule

a legal principle that holds that illegally seized evidence must be excluded from use in trials

good faith exception

a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge

Miranda warning

a five-point warning derived from the case of Miranda v. Arizona. its purpose is to provide fair notice to crime suspects of their basic constitutional rights

public safety exception

police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized

mutual pledge system

a system of community self-responsibility that existed in Britain during the Middle Ages, in which residents were held responsible for the conduct of their neighbors

constable

a citizen in charge of weapons and equipment for one hundred families in his geographic area. in england constables were appointed by a local noblemen beginning around the year 900

shire reeve

an official appointed by the British Crown who was responsible for overseeing the constables and several hundred families in a given are (called a "shire"), the modern word sheriff is derived from this term

watch and ward system

a system established in england in 1285 to aid constables in their law enforcement efforts. men from each town were required to take turns standing watch at night. crime suspects were turned over to the constable

justice of the peace

an office established by edward II in 1326 to assist the sheriff in enforcing the law. eventually the role of the justice of the peace shifted to adjudication, while the sheriffs retained their local peacekeeping function

preventive police

the first organized police department in London, established in 1829. the popular english name for police officers, "bobbies", comes from Sir Robert Peel, a founder of the Metropolitan Police

crime commissions

early 20th century crime commissions included the Chicago Crime Commission (1919). the National Crime Commission(1925). and the Wickersham Commission (1931). these commissions focused on the improved operation of the criminal justice system as the best wa

progressivism

early 20th century era in policing that focused on efficiency, professionalism, and improved technology.

professionalization

those changes in police organization, administration, and technology aimed at improving the efficiency of the police in the deterrence and apprehension of criminals

Law Enforcement Assistance Administration(LEAA)

established in 1968, the LEAA was set up within the U.S. Department of Justice to allocate money to improve the efficiency and effectiveness of the criminal justice system. between 1968 and 1977 the LEAA spent more than $6 billion on crime control program

local police

the pol,ice departments of municipalities; local law enforcement also includes county sheriffs and soecial police agencies such as park, airport,transit, and university police

community policing

a service-oriented style of law enforcement that focuses on disorder in the community, crime prevention, and fear reduction (as opposed to the traditional focus on serious street crime)

weed and seed

federal programs that combine enforcement with community services in an effort to reduce crime in targeted neighborhoods

state police

enforcement agencies primarily engaged in highway partrol activities. about half of state police agencies also have the authority to conduct investigative work

federal law enforcement

17 different agencies that investigate violations of federal law. unlike state police agencies, few federal agencies engae in patrol work; most perform exclusively investigative functions

transnational law enforcement

international agreements and law enforcement efforts that attempt to serve the interests of all nations in the face of the growth of international travel, the transnational nature of the internet, and the threat of international organized crime and terror

Interpol

the international criminal police organization composed of 177 member nations. it assists member law enforcement agencies requiring information about rimes or criminals of a transnational nature

multijurisdictional task forces

multiagency efforts to combat multijurisdictional crimes allowing for pooling of evidence, personnel, and expertise and to reduce unnecessary duplication of effort

private security

law enforcement agencies that protect private property and are paid by private individuals and corporations

racial profiling

alleged practice whereby police stop and search minorities for minor violations significantly more often than whites

police stress

emotional pressure that is produced by the nature of police work such as public apathy, exposure to criminals, and injury to fellow officers

cynicism

a belief that human conduct is motivated entirely by self-interest. a cynical person attributes all actions to selfish motives and has a pessimistic outlook on human behavior

anomie

a "normlessness" or lack of attachment felt by some people toward their society

socialization model

the view that holds that police officers learn their attitudes and values from socializing experiences such as education and experience on the job

predispositional model

the view that the attitudes and values of police officers are developed prior to entry into the law enforcement profession

authoritarianism

a tendency to favor blind obedience to authority

dogmatism

an attitude characterized by tenacious adherence to one's opinions even though they may be unwarranted and based on insufficiently examined premises

police discretion

the ability to choose between arrest and nonarrest soley on the basis of the officer's judgement

selective enforcement

an unwritten policy in which police are not required to fully enforce all laws as written

police pursuits

police chases of suspects immediately after a crime has been committed

clearance rate

hte proportion of open crime cases that are solved through the arrest of a suspect by police

police corruption

illegal acts or omissions of acts by police officers, who, by virtue of their official position, receive, (or intend to receive) any gain for themselves or others

nonfeasance

a form of police corruption involving failure to perform a legal duty

misfeasance

a form of police corruption involving failure to perform a legal duty in a proper manner

malfeasance

a form of police corruption involving commission of an illegal act

deviant police subculture hypothesis

the view that some police departments have groups of officers who place loyalty to each other above obedience to the law

deadly force

the use of lethal force by police against a suspect

fleeing felon" rule

the now obsolete common-law rule that police can use deadly force against any felon who flees that scene of a crime

police brutality

use of excessive physical force by police in carrying out their duties

expert witness

a person called to testify because of his or her special expertise in an area at issue in a legal proceeding

U.S. district courts

federal trial courts of general jurisdiction

U.S. courts of appeals

intermediate federal appellate courts

U.S. Supreme Court

the highest court in the US, which hears final appeals in cases involving fedeal law, suits between states, and interpretations of the U.S. Constitution

writ of certiorari

a legal order from the U.S. Supreme Court stating that a lower court must forward the record of a particular case for review

prosecutors

elected or appointed officials who represent the community in bringing charges against an accused person (district attorney, county attorney, state attorney, commonwealth attorney, or U.S. attorney)

defense attorneys

attorneys who represent the legal rights of the accused in criminal or civil proceedings

assigned counsel

a private attorney appointed by the court on a case-by-case basis from a list of available attorneys

contact attorney programs

programs in which private attorneys, firms, or local bar associations provide legal representation to indigent defendants for a specific period contracted with the county

public defenders

salaried attorneys paid by the gov. to represent indigents charged with crimes

judge

a person who objectively assesses the strength of a case, rules on issues of law and procedure, and in many cases determines the disposition of a case

merit selection

a method for selecting judges that involves a combination of appointment and election

U.S. magistrates

judges appointed by U.S. district court judges to conduct pretrial hearing and trials for minor civil and criminal offenses in federal court

victim impact statements

statements by victims to the judge before sentencing about how the crime has harmed them

victim's Bill of Rights

legal changes that formally recognize the role and rights of victims in the justice process

courtroom work group

the prosecutors, defense counsel, judges, and other courtroom personnel who represent distinct interests but share the goal of shepherding large numbers of cases through the adjudication process+sheriffs, court clerks, stenographers, witnesses

sheriff or bailiffs

responsible for maintaining order in the room

court clerk

keeps track of the cases pending before the court

court stenographer or court reporter

makes a transcript of each court appearance

felony drug courts

courts that handle only drug offenses and attempt to correct underlying causes of the illegal conduct-began in Miami & are now found in nearly 330 jurisdictions

resolving conflict creatively program (RCCP)

school based program designed to teach young people how to resolve conflicts peacefully

dispute resolution

a method of handling complaints outside the judicial process through a mediator appointed by the court

community prosecution

a program in which prosecutors intervene in all disorderly behavior that affects the quality of life in a neighborhood

community courts

decentralized courts that respond to neighborhood conditions using citizen advisory committees, volunteers, and teen courts