Criminal Justice 101 EXAM 1

public policy

what government officials choose to do or not to do about public problems
priorities and actions developed by government to use public resources as a means to deal with issues affecting society
ex. immigration

crime

a specific act of commission or ommision in violation of the law, for which a punishment is prescribed
ex.

crime control model

model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime; emphasizes speed and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders.
ex.

due process model

a model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; emphasizes adversarial process, rights of defendants, formal decision making procedures
ex.

mala in se

offenses that are wrong by their very nature
ex. rape, murder

mala prohibita

offenses prohibited by law but not wrong in themselves
ex. gambling, prostitution

felony

serious crimes usually carrying a penalty of incarceration of a year and a day or more
ex. murder

misdemeanor

offenses less serious than felonies and usually punishable by incarceration of no more than 1 year, probation, or intermediate sanctions
ex. possession of marijuana in very small amount

visible crime

an offense against persons or property that is committed primarily by members of the lower classes. "street crime" most upsetting to public
ex. shop lifting

occupational crime

criminal offense committed through opportunities created in a legal business or occupation
ex. bank fraud, Bernie Madolf

organized crime

a framework for the perpetration of criminal acts- usually in fields such as gambling, drugs, and prostitution- providing illegal services that are in great demand
ex. gambling, drugs, prostitution

money laundering

moving the proceeds of criminal activities through a maze of businesses, banks, and brokerage accounts in order to disguise their origin

crimes without victims

offenses involving a willing and private exchange of illegal goods or services that are in strong demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the grounds that society as a whole is being harmed
ex. gambling

political crime

an act, usually done for ideological purposes, that constitutes a threat against the state or a criminal act by a state
ex. treason, sedition, espionage

cybercrime

offenses that involve the use of one or more computers
ex. stolen identity

identity theft

the theft of social security numbers, credit card numbers, and other information in order to secure loans, withdraw bank funds, and purchase merchandise while posing as someone else, the unsuspecting victim, who will eventually lose money

victimology

a field of criminology that examines the role the victim plays in precipitating a criminal incident and the impact of crimes on victims

plea bargain

a defendant's plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so, usually a reduction of the charge. The defendant's ultimate goal is a penalty lighter than the max, formally warranted by the original charge.

discretion

the authority to make decisions without reference to specific rules or facts, using instead one's own judgment; allows for individualization and informality in the administration of justice

adjudication

the process of determining whether the defendant is guilty or not guilty

arrest

the physical taking of a person into custody on the grounds that probable cause exists to believe that he or she has committed a criminal offense. The purpose is to hold the accused for a court proceeding

warrant

a court order authorizing police officials to take certain actions
ex. to arrest suspects or to search the premises

indictment

a document returned by a grand jury as a "true bill" charging an individual with a specific crime on the basis of a determination of probable cause from evidence presented by a prosecuting attorney

discrimination

differential treatment of individuals or groups based on race, ethnicity, sexual orientation, or economic status, instead of on their behavior qualifications

clearance rate

the percent rate of crimes known to the police that they have solved through an arrest; statistic used to measure police department productivity

sworn officers

police employees who have taken an oath and been given powers by the state to make arrests and use necessary force, in accordance with their duties

preventive patrol

making the police preserve known, in order to deter crime and to make officers available to respond quickly to calls

directed patrol

a proactive form of patrolling that directs resources to known high-crime areas

aggressive patrol

a patrol strategy designed to maximize the number of police interventions and observations in the community

problem-oriented policing

an approach to policing in which officers routinely seek to identify, analyze, and respond to the circumstances underlying the incidents that prompt citizens to call the police

search

officials' examination of and hunt for evidence in or on a person or place in a manner that intrudes on reasonable expectations of privacy

seizure

any use by the police of authority to deprive people of their liberty or property

reasonable expectation of privacy

standard developed for determining whether a government intrusion of a person or property constitutes a search because it interferes with individual interests that re normally protected from government intrusion

reasonable suspicion

a police officer's belief based on facts, that criminal behavior is taking place, so that intruding on an individual's reasonable expectation of privacy is necessary

probable cause

reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime

totality of circumstances test

flexible test established by the supreme court for identifying whether probable cause exists to justify the issuance of a warrant

Terry v. Ohio (1968)

supreme court decision endorsing police officers' authority to stop and frisk suspects on the street when there is reasonable suspicion that they are armed and involved in criminal activity

stop-and-frisk search

limited search approved by supreme court in Terry v. Ohio that permits officers to par down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity

Miranda v. Arizona (1966)

before questioning a suspect held in custody, police officers must inform the individual of the right to remain silent and the right to have an attorney present during questioning

Esobedo v. Illinois (1964)

police cannot refuse access to an attorney for arrested suspects who ask to see one

exclusionary rule

the principle that illegally obtained evidence must be excluded from a trial

Mapp v. Ohio (1961)

evidence obtained through illegal searches by state and local police must be excluded from use at trial

community policing

Assigning police to neighborhoods where they walk the beat and work with churches and other community groups to reduce crime and improve relations with minorities.

intelligence led policing

The collection and analysis of information to produce an intelligence end product designed to inform police decision making at both the tactical and strategic levels.

USC Title 42, section 1983

after the civil war