Systems of Justice - Chapters 4, 5, 6, & 7

Due Process

Protections designed to protect against governmental error in the deprivation of life, liberty and property

Consent Stops

individual consents to stay and talk to police officers but could leave at any time

Sobriety Checkpoints

everyone, or a random selection of individuals is stopped for a very brief check of driver’s license and registration to evaluate driver’s for intoxication or other impairment

Investigatory Detentions

the police have a reasonable suspicion that a person is engaged in or about to commit a crime; they can stop that person ask for identification and question the person and conduct a superficial search for weapons

Incorporation (14th Amendment)

Through a sequence of court cases the Supreme Court held that although the written for the federal government, the 14th amendment extended the protections of other amendments against state and local governments

Arrest

the police have probable cause that the person committed a crime or traffic violation a search may be conducted for weapons and evidence of crime

Racial Profiling

When a traffic or investigatory stop is based solely or mostly on the driver’s race or ethnicity

Pretext Stops

When an officer uses a traffic violation as a pretext to pull the car over and search it for drugs

Mendenhall Test

an arrest has occurred when a reasonable person does not feel free to leave

Magistrate

any judicial figure authorized to issue a warrant

“Plain View” Doctrine

states that if a law enforcement officer has a right to be somewhere and then sees something that is clearly instrumentality of a crime, then the item can be seized without a warrant

Hot Pursuit Exception

a type of exigent circumstances search where a suspect is fleeing

Open Fields Doctrine

states that even when homeowners put up “no trespassing” signs and enclosed a field area with fence, it can still be searched if it is in plain view and would not need a warrant

Showups

brings suspects and victims of a crime together face-to-face

Photo Array

A picture of the suspect is presented to the witness with other similar looking men or women

Exclusionary Rule

the punishment imposed when police violate the rights of the accused, the evidence obtained from the illegal action is excluded from the criminal trial

Silver Platter Doctrine

The idea that evidence that was obtained illegally by state and local officers could be handed over to federal officers to be used in trial

Attenuation

to reduce the size, strength, or density of something, or become thinner, weaker or less dense

Spurious Associations

Statistical relationships that look causal but are not because of some unknown factor that is affecting both

Natural Law

refers to the belief that some laws exist in the natural world and can be discovered by reason

Positivist Law

the belief that law is entirely man-made and thus law can be relevant to the question of morality

Mala in Se

intrinsically wrong acts

Mala Prohibita

acts that are behaviors prohibited in some societies but not necessarily inherently wrong

Social Contract

the “contract” individuals make when living in civil society where certain liberties are given up for being protected by society

Paternalistic Laws

protect us against our own foolish behavior

Common Law

based on gradual consistency of court decisions

Police Power

the authority to enact and enforce legislation to protect health, welfare, morals and safety of the people of the state

Criminal Law

the branch or division of law that defines crimes and provides for punishment

Civil Law

a person seeking remedy against their perceived wrongdoer by bringing a civil or tort action

Torts

personal wrongs

Ex Post Facto Laws

a law that punishes behavior after the fact

Felony

Crimes punishable by death or imprisonment in a state prison or penitentiary

Misdemeanor

offenses for which the punishment is other than death or imprisonment in a state prison or that have not been designated felonies by statute

Actus Reus

A physical act or failure to act that is voluntary

Mens Rea

a criminal state of mind

Model Penal Code

condensed the states of mens rea down to four

Transferred Intent

when the intent to kill is transferred to the actual victim

Order Maintenance

sometimes called “community caretaking” it’s everything that isn’t the official job of the police but they do anyway

Shire Reeve

the person responsible for collecting taxes for the king

Gaol

an old English jail

Bow Street Runners

the first type of organized police

Bobbies

nickname for the police in England

Community Policing

based on a belief that police should partner with communities to prevent and reduce crime

“Broken Windows” Theory

argued that the signs of neighborhood disintegration and deterioration indicated to criminals that no one cared and no one would intervene in criminal acts

Zero Tolerance Policing

The idea is to arrest “little” crimes and it prevents serious crime

SARA Model

scanning, analysis, response, and assessment, for how police should approach crime

“Guardian” Model

the dichotomy recognizes that police officers at times are engaged in crime fighting, but that they should not approach their role as if they are at war with the community

Field Training Officer (FTO)

someone who supervises a new recruit to the police force

Reactive Policing

the approach of responding to criminal activity only after it has happened

Proactive Policing

the approach of deterring criminal activity by showing police presence

Saturated Patrols

meaning that a certain neighborhood or area of town is targeted for frequent perhaps even constant patrol presence has been found to be effective

Residual Effect

meaning reduced crime continues after the saturated patrol ends

Displacement Effect

meaning that crime merely moves to another area of the city

“De-escalation” policies

require police officers to use time, distance, and shielding to slow down interactions with the mentally ill

Cybercrimes

typically refer to computer hacking and the use of computers for identity theft and fraud but can refer to any crime committed that used a computer as the means

Organizational Justice

refers to the perception that the organization is fair, decisions are made in an equitable manner and employees are treated with respect

Procedural Justice

refers to the idea that individuals may have positive views of what happens to them, even if they don’t like the outcome, if the process is deemed fair

Subculture

when a group has a different set of values, beliefs, and even language from the dominant culture

Socialization

adopting the values and beliefs of one’s culture

“Blue Curtain of Secrecy”

an element of police subculture which refers to the alleged tendency of police officers to cover up misconduct by other police officers

Graft

refers to any exploitation of one’s role, such as accepting bribes or protection money

Gratuities

items of value received because of one’s position and not because of a personal relationship with the giver

“Noble Cause Corruption”

refers to illegal actions or rule violations perpetrated by officers for “noble” reasons (such as to get criminals off the street)

“Testilying”

lying in affidavits or when giving testimony

Ends Oriented Thinking

means that the person believes “the ends justify the means” regardless of how bad the means are

Implicit Bias

a form of bias that occurs automatically and unintentionally, that nevertheless affects judgments, decisions, and behaviors