CRJU Midterm 2

Active policing

Trying to stop/interfere with the crime before they cause any harm

-a crime has not been committed, but a crime might be committed. Like patrolling, speed trapping, etc.

Adversial system

system in which two opposing parties present their arguments to a magistrate or judge

- American system

Appearance of Impropriety

Refers to a situation where a reasonable person might perceive a conflict of interest or unethical conduct, even if none technically exists.

Such as a student seeing a professor give another student more time on an exam, and no one else

Looks fishy from an outside perspective

Even if there's no corruption, it looks bad

August Vollmer

Was known as the most famous police reformer in the early part of the twentieth century. He believed the police should be a professional force.

- (early 20th century police chief) - had an idea that we should think about policing as a profession (higher calling, code of ethics), not a job.

Authoritarian Personality

Individuals whose identity is based on ensuring the obedience and submission of everybody else they encounter, who feel a need to dominate anybody who fails to respect their authority.

Bad Apples

The theory that only a few deviant police officers cause the rest of American police to get a bad reputation.

Bench Trial

a trial that is decided by a judge alone, without a jury.

Blue Wall of Silence

The informal code among police officers that prevents them from reporting on abusive behaviors from their fellow officers.

Bow Street Runner

London's first professional police force, often considered the first modern detective unit in Britain.

Brady Rule

The rule that prosecutors must share exculpatory evidence with defendants.

Broken Windows Policing

(NYC- Rudy Guleanni) - send the police out to deal with small nuisance crimes, so that bigger crimes do not happen

civilian review board

Government committees that are tasked with keeping an eye on police behavior and handling complaints from the public.

Community Policing

Attempts to break down barriers between the community and the police.

Consent Decree

The accused party, without admitting guilt, agrees to stop the alleged activity if the government drops the charges

- a legal agreement that settles a dispute between two parties without admitting guilt or going to trial, and it is approved and enforced by a judge

Convict Lease System

if you were imprisoned, the prison could lease you out to a private enterprise to work by force. Used the CJS to reimpose slavery on black southerners

courtroom work group

The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court.

Cronyism

A system in which politicians give government jobs, including policing jobs, to their political allies.

Cult of the Blue

a uniquely American phenomenon, the idea that the police are heroes, unless shown otherwise

Dirty Harry Problem

a moral dilemma faced by police officers in which they may feel forced to take certain illegal actions to achieve a greater good

DWB (Driving While Black)

A slang term that refers to the racial profiling of Black drivers.

Entrapment

a legal defense used when someone claims they were tricked or pressured by law enforcement into committing a crime they would not have otherwise committed.

Epistemological Function

the function of a trial that determines to find the truth, and from that whether or not a person committed the crime

Excessive Force

The use of too much force by the police or the use of force unnecessarily.

Exclusionary Rule

prohibits the use of unlawfully obtained evidence in a criminal trial and is a deterrent against government violations of the Fourth Amendment. Basically, if you obtain evidence while violating the Fourth Amendment, it can't be used in court.

Feminist Criminology

The criminological theory rooted in the view that women are treated unjustly in society and that these inequalities are reflected in criminal justice.

Finder of fact/law

- The person or group that determines the guilt or innocence of a defendant. Usually the jury.

-The person at the trial who is officially authorized to determine what the law says (judge).

Flaking

police planting evidence

Formal Policing

beurcratic policing, what most ppl think of

Frank Serpico

created knapp comission, uncovered police corruption

Frankpledge System

Policing system in medieval Europe that relied on locals to police each other.

Fruit of the Poisoned Tree

Doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained.

Grass Eaters

Corrupt officers who accept bribes if they are offered to them but do not actively seek bribes.

Green Criminology

The field of criminology that studies environmental crimes.

Hard Hands

closed fists, hitting them with a baton, fighting the suspect

Homeland Security Era

The transformation of policing after the September 11, 2001, attacks. Included a greater emphasis on fighting terrorism and a militarization of local police forces.

Ideology

In Marxism, the view that the beliefs and values of a society reflect the interests of the dominant class.

Informal Policing

Policing carried out by non-government officials or part of a community

- everything that keeps us in line is not government bureaucracy (family, friends)

Inquisitorial System

where the judge plays an active role in investigating the facts of a case, questioning witnesses, and gathering evidence

- neutral judge

J. Edgar Hoover

Appointed in the 30's to run the FBI and build it up

Created the "Most Wanted" list, fingerprinting, etc.

-was the first Director of the FBI (Federal Bureau of Investigation) and one of the most powerful law enforcement officials in U.S. history.

Infamous for having dirt on every member of Congress, the president, and anyone in government, to protect the organization and his job.

Knapp Commission

An investigative body created in the wake of Frank Serpico's revelations regarding corruption in the NYPD.

LTL Force

Less Than Lethal Force

ex: Pepper Spray, taser

-make a person a submit

Mann Act

passed in 1910, is a federal law that makes it illegal to transport someone (a woman) across state lines for prostitution or any other immoral purpose.

Marx

founder of modern communism,

- German philosopher, economist, and political theorist best known for developing the ideas of communism and socialism.

-wanted to end class struggle

Meat Eaters

Officers who actively seek money or other bribes while on duty.

Michael Nifong

prosecutor in the Duke lacrosse case. Hid exculpatory evidence and continued to try the players. Was caught and disbarred

Miranda v. Arizona

The accused must be notified of their rights before being questioned by the police

Mooching

The act of taking small-scale gifts offered by citizens to officers.

Net Widening

In this context, the use of nonlethal force by officers in situations where they may not otherwise resort to force.

Officer Burnout

when officers must repeatedly deal with the stresses of confronting a public that is sometimes distrusting of and hostile towards them. This can make them uncaring in their work and can often lead to corruption

Overenthusiastic Policing

police officers go too far or act too aggressively in enforcing the law — often beyond what's reasonable or necessary

- crossing the line

ex: racial profiling, excessive force, corruption

Passive Policing

policing activities that are in response to crimes that have already happened

- reactive, responding to a crime that has already occurred

Patriarchy

The feminist view of society that argues that social power is in the hands of men and serves male interests.

Peel Act

The British law that created the London Metropolitan Police in 1829.

Plain View Doctrine

The principle that officers do not need a warrant to search what is in plain view.

Police Deviance

Misconduct or misbehavior on the part of officers while operating in their official capacity.

Police Discretion

power or freedom police officers have to make decisions in situations where the law doesn't clearly require one specific action.

In other words, officers use their judgment to decide how to handle a situation.

- whether or not to give someone a speeding ticket

Police Professionalism

the view of policing as a profession with high standards and expectations for law enforcement conduct within the community

Pretextual Stop

A practice where officers find an excuse, usually a minor infraction, to stop a driver so officers can look inside the individual's car or check to see if the driver is intoxicated or has outstanding warrants.

Pro Bono

"for the public good"

-free legal work done to help those in need.

Probable Cause

The standard of evidence needed to obtain a search warrant or search a car. Probable cause involves a reasonable belief based on evidence that a crime has occurred.

Prosecutorial Discretion

The authority that officers have to charge or not charge a person with a crime and to determine what the precise charges against a defendant will be.

public defender

attorney who works for the state and defends people who cannot afford a private attorney

Qualified Immunity

A doctrine that protects police officers from being sued by civilians unless they have violated a clearly established law or constitutional right.

Queer Criminology

The field of criminology that examines crime and justice issues that affect lesbian, gay, transgendered, bisexual, and queer people.

plea bargain

An agreement that a defendant makes with the prosecutor to plead guilty to a lesser offense to avoid prosecution (and possible conviction) for a more serious charge.

Process is in the Punishment

The legal process itself can feel like a punishment, even if a person is never found guilty.

-Going through arrest, court hearings, legal fees, and public embarrassment can be stressful, expensive, and damaging.

-Even if the person is innocent or the charges are dropped, the time, money, and reputation lost can make the process itself feel like the real penalty.

Public enemies

criminals who took advantage of cars and roads to escape law enforcement

Commit a crime in one state, and then drive to another state, and the cycle continues.

Punitive Function

determines punishment

-the part of the criminal justice system that is designed to punish offenders for breaking the law.

Quid pro quo

Literally "this for that." The form of corruption in which officers explicitly trade favors for goods or services.

Racial Profiling

Targeting an individual for searches or arrests based on her race.

Reasonable Suspicion

A lower standard of proof than probable cause. Requires a suspicion based on facts.

Shakedown

Threats from officers to arrest suspected lawbreakers unless they pay the officers a bribe.

Slave Patrols

Organized groups of white people in the Antebellum South whose primary job was to find and capture runaway enslaved people.

Soft hands

the use of open hands (including grabbing and holding)

Special Needs Searches

Searches that can be conducted without probable cause or a warrant. Include border searches and airport security searches.

Sting Operations

undercover police operations in which police pose as criminals to arrest law violators

-Police set up a fake scenario (like a fake drug deal, fake online scam, or fake buyer/seller) to lure a criminal into committing a crime.

Stop and Frisk

to "pat down" or search the outer clothing of someone whom the police believe is acting suspiciously

Tennessee v. Garner

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.

Terry v Ohio (terry stops)

A brief detention where an officer stops and frisks a suspect. Requires a reasonable suspicion that an individual is involved in criminal activity.

Truth and Reconciliation Commission

a government or official body set up to investigate past human rights abuses or injustices in a country, usually after a period of conflict or oppression.

Urbanization

process by which people move from rural areas (countryside) to cities, causing cities to grow in population and size.

Use of Force Continuum

The rough guidelines that determine how much force an officer should use in dealing with a suspect

Volstead Act

The law that enforced Prohibition and criminalized alcohol in the U.S.

Wickersham Commission

National Law Enforcement Commission, so named after its chair, George Wickersham, it was a national commission on law observance and enforcement created by Hoover in 1929.

-a national commission in the United States established in 1929 to investigate law enforcement, crime, and Prohibition enforcement.

U.S. Attorneys

Government lawyer that represents the US government at the district court level (trials).