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three entities of the criminal justice system
law enforcement, courts and corrections
how is the size of the criminal justice system described
enormous and costly
probation
A court-ordered period of supervision instead of incarceration, alternative to jail time
parole
Conditional early release from prison
three key actors in a criminal case when it goes to trial
prosecutor, defense and judge
what’s it called when a prosecutor drops charges in a case
nolle prosequi
crime control theory
when punishment is weak or avoided offender are not in fear so they’ll commit crime again, so its the job of the system to prevent crime by being harsher
how is the criminal justice system described
comprises institutions, policies, and practices with the goal of social control and deterring crime through sanctions and rehabilitation, road map
USA patriot act
strengthen security measures designed to protect the US from attack , reduced intelligence restrictions
USA freedom act
in 2015 after the patriot act expired it restored the act but the Freedom Act limited the ability of the NSA to track phone data on citizens
examples of street crime
homicide, rape, sexual assault, robbery, and physical assault
why isn’t white collar crimes reported as much as other crimes
because many of these agencies do their own investigations without police there is a lack of reliable data sources
who are women victimized by the most
most often its someone they know or a stranger
how cybercrime is connected to the Uniform Crime Report and Supplementary Research System
some crimes have been committed via cyber crime like corporate fraud, embezzlement gambling and prostitution and NCVs has questions to some cybercrimes
Uniform crime report, how is the data collected and who is responsible for data being collected
FBI, police reports, reported crimes. official law enforcement data, underreporting, incomplete data, measuring law enforcement performance
National Crime Victimization Survey, how is data collected. and who is responsible for the data
household surveys throughout the year held in person and over the phone, Bureau of justice, reported & unreported victimization, captures unreported crime, no homicide data and self reporting vias, studies victimization patters
how are patterns and concentrations of crime are found
using the data found in these databases like the NCVS but especially using theories such as classical (crime occurs when the benefits outweigh the cost0 and rational choice (is a choice that is influenced by its costs and benefits)
legal code of criminal and civil law
criminal law is procedural or substantive while civil law deals with laws imposed by state and not morally
general deterrence
perceived negative consequences of being caught and thus, the threat of punishment will inhibit criminal behavior in all
members of society
specific deterrence
directed toward the individual offender to stop bad behavior. It may be accomplished through restitution or incapacitation
four principles of the rule of law
members of government are held accountable under law, laws must be clear publicized stable and fair they must protect fundamental rights, laws are enacted administered and enforced into a fair and efficient manner, access to justice denied to no one
basic principles of the bill of right
first 10 amendments guides procedural law pertaining to issues such as arrests, warrants \, search and seizures and trial
basic principles of US constitution
constitutional law, supreme law of the land
case law
based on previous court decisions/precedent
different doctrines of reform introduced by the Classical School.
rationalism, intellectualism, and humanitarianism, believed free will logic and rationality were central in commiting crime, promoted deterrence
sentencing goals associated with the rule of law
legal concept that sets boundaries for the government to establish stable, clear, regulations and statues
origins if policing in the United States
based largely on policing in England, vigilantes, nigh watch, slave patrols and modern policing we see today started in New York
federal laws put into place from the mid 1800’s to the mid 1900’s
Metropolitan act of 1829- established the modern public policing and Fugitive slave law of 1850-addressed slave power conspiracy as number of slaves grew so slave patrols were put into place
actus rea
“guilty act” used to indicate the physical act of th crime
modus operandi
system to classify offenders and crimes which facilitated crime patterns
mens rea
“guilty of mind” used in court to prove criminal intent
Voting Rights Act of 1965
established federal oversight of election administration which meant that states with histories of discriminatory practices could not change anything that affected voting with reporting it to the DOJ
advancements of August Vollmer
Implement a code of ethics for officers,ban polticial corruption and gifts, outlawed the third degree, educated police force (1908 estabsihed Berkely police school, police officers should be able to earn college degrees), UC Berkely had the first graduate school in criminology advocated officers act as social workers and help intervine in their lives before the could commit crime, national fingerprint system, mationally form system for classification and collection of crime, telephone boxes with electric flashing signal alarms installked in stations, modus operandi- system solving crimes that facilitated the identification of crime patterns
causes and complaints of civil unrest in the 1960’s
Race-based civil rights movement, based primarily on evidence of lack of equal access to certain guaranteed freedoms for Blacks/African Americans
frankpledge, both, constable and tyth
tyth or frank pledge included all boys and men from age 12 or older from 10 households, constable were from small towns who were unarmed unpaid and part time
female duties in policing
they used to not be able to police everyone or wear uniforms and weren’t as active of the streets as male officers
Gender: Perceived differences between male and female officer
police culture empathizes hypermasculinity, females officers are perceived as incompetent, females less likely to use deadly force
Procedural Justice Theory and how it connects to public interaction with police
people's perception of fairness in the process of a police encounter, including how they are treated with respect, given a voice, and treated neutrally, significantly impacts their trust in the police and their willingness to cooperate, even if the outcome of the encounter isn't entirely favorable to them
CompSTAT, what is it
employs computer technology to gather up to date and accurate information on crime within neighborhoods
where was CompSTAT first created and used
in New York by NYPD in 1990s
minimum requirements to be a police officer
all require high school diploma and some require college degrees
police discretion
allows for police and others throughout the criminal justice system the latitude to make an arrest or not
contextual factors
??
identify different strategies that police departments may use to extend resources
building trust and legitimacy, policy and oversight, technology and social media, community policing and crime reduction, training and education, officers wellness and safety
police corruption
abuse of authority, officers who enage in misbehavior or criminal activities
police misconduct
breach of department policy
Knapp commission origins
reported more than half of police officers in NYPD were engaged in corruption, rotten apple theory, grass eaters and meat eaters
Christopher commission origins
LAPD after the beating of Rodney king by officers from this department, found racism and bias in LA departments
key aspects of the subculture of police
culture of policing but also secrecy, group solidarity, violence, cynicism, masculinity, isolation, and authoritarianism
proactive policing
self initiated officer activities to prevent and detect crime
reactive policing
traditional style of policing relying on responding to calls for services
exclusionary rule
the rule excludes from trial evidence that was obtained unlawfully, which violates a person’s
constitutional rights also know was the fruit of the poisonous tree
exceptions to exclusionary rule
inevitable discovery
exceptions to warrants
consent, plain view, exigent circumstances, incident to lawful arrest, automobiles, stop & frisk, regulatory searches
reasonable suspicion
based on minimal or no evidence, stop and frisk
probable cause
in criminal law, reasonable amount of suspicion supported by circumstances sufficiently strong to justify a prudent and cautious persons belief that certain facts are probably true, ex san officer can plainly see or sell contraband
Through what process can the legal definition of “due process” be changed?
the Supreme Court establishes a new precedent by overturning a case
miranda rights
fifth amendment, the right you have when you are arrested and getting questioned
miranda rights limitations
public safety exceptions, impacted based on previous statements
what constitutes a legal search
one that follows the 4th amendment which protects people from unreasonable searches and seizures but also consist of consent, a search warrant, and probable cause unless there is an exception
stop and frisk
also known as a Terry stop or field stop, this procedure allows the police to detain and search a person, pat down, when the officer reasonably suspects that a crime has been or will be committed