Criminal Justice System Exam 1

What does the 4th amendment protect?

unreasonable search and seizure

What is the Supreme Court case associated with the 4th amendment?

Mapp v. Ohio

Mapp v. Ohio

Specific search warrant needed

What does the 5th amendment protect?

Self incrimination (right to remain silent, due process, double jeopardy)

What is the Supreme Court case associated with the 5th amendment?

Miranda v. Arizona

Miranda v. Arizona

police have to warn you of your Miranda Rights

What does the 6th amendment protect?

right to jury trial, attorney, and confront accusers

What is the Supreme Court case associated with the 6th amendment?

Gideon v. Wainwright

Gideon v. Wainwright

right to a lawyer even if you cannot afford one

What does the 8th amendment protect?

cruel and unusual punishment

What does the 14th amendment protect?

equal protection of the law

Crime control vs. due process model

rights vs. catching criminals

Purpose of punishment: deterrence

threat of punishment to deter crime

General deterrence

to public

Specific deterrence

to person who is punished

Purpose of punishment: incapacitation

preventing crime by physical restraint

Purpose of punishment: rehabilitation

reform offenders os they no longer have need to offend

Purpose of punishment: retribution

an eye for an eye

Purpose of punishment: restorative justice

making amends with victim

What is more important than severity of punishment?

swiftness and certainty of punishment

What is labeling? (vs. deterrence)

labeled by first offense and punishment backfires and makes people commit more crime in the future

What is reintegrative shaming?

tries to reduce the labeling impact of punishment by condemning the evil action not the person

What are the three elements of a crime?

mens rea, actus reus, and concurrence

What is mens rea?

the guilty mind (intentional, knowing, reckless, negligent)

What is actus reus?

the guilty act (must be voluntary)

What are inchoate offenses?

go beyond thought but lack actus reus

What are the three inchoate offenses?

solicitation, conspiracy, and attempt

Inchoate offense: solicitation

urging/requesting another person to commit a crime on your behalf

Inchoate offense: conspiracy

communication with others about planning a crime

Inchoate offense: attempt

incomplete criminal offense

What are the two perspectives on law formation?

conflict and consensus

What is consensus perspective?

agree on existing laws that are formed from norms

What is conflict perspective?

laws serve the powerful

What is an affirmative defense?

agree with the facts of the case but deny criminal culpability

What are the 7 affirmative defenses we discussed?

alibi, consent, entrapment, immunity, self defense, youth, insanity

Affirmative defense: alibi

could not have done it because I was in a different place at that time

Affirmative defense: consent

victim provided consent so it was legal

Affirmative defense: entrapment

government provided idea and means to commit crime

Affirmative defense: immunity

special status that enables you to not be prosecuted

Affirmative defense: self-defense

someone threatened to harm you and it was involuntary

Affirmative defense: youth

under the age of responsibility

Affirmative defense: insanity

mental defect or inability to know right from wrong

What rule is associated with an insanity defense?

M’Naghten rule

Street crime: robbery

force/threat used to a person

Street crime: burglary

illegally entering to commit a felony

Street crime: larceny-theft

stealing without force or breaking in

What are part 1 offenses?

the 8 felonies that all police departments keep track of and report to the FBI

What are part 2 offenses?

Offenses that jurisdictions handle differently and the FBI does not keep track of as well

What is 1st degree homicide?

pre-meditated

What is 2nd degree homicide?

Intentional

What is 3rd degree homicide (manslaughter)?

reckless and not intentional

What are the 3 typical white collar crime offenses?

fraud, embezzlement, and confidence scheme

What are the challenges in prosecution of cyber crimes?

not reported, different jurisdiction, hard to track, victim and offender do not need to be in close proximity or know each other

Collection of crime statistics: FBI data (UCR) pros and cons

good statistics for things like homicide and reported crimes, impacted by dark figure of crime heavily

Collection of crime statistics: NCVS pros and cons

provides more accurate estimations of victimization, cannot account for victimless crimes and little info on offenders

Collection of crime statistics: offender surveys pros and cons

more info on offenders, are they telling whole truth

What are the root causes of crime?

economic and social deprivation, family/community dysfunction, and cultural malaise

What is the exclusionary rule?

prohibits use of evidence collected illegally or in violation of 4th and 5th amendment rights

What is the fruit of the poisoned tree doctrine?

extends exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search

What is needed to get a search warrant?

Probably cause or reasonable suspicion

What is probable cause?

specific evidence of a crime and specific offender

What is reasonable suspicion?

a reasonable person would believe a crime has been committed and you are involved (stop and frisk, hear gunshot and you are running)

Searches without a warrant

plain view search, consent, Carroll doctrine, public safety exception, good faith exception, wiretapping

Searches without a warrant: plain-view search

can search in plain view without a warrant

Searches without a warrant: consent

told police they could search your car or home

Searches without a warrant: Carroll doctrine

can search a car without a warrant

Searches without a warrant: public safety exception

TSA

Searches without a warrant: good faith exception

police believe a crime has been committed, maybe someone in danger

Police use of deadly force

can use if there is clear danger to police or others

Police use of deception

can lie and deceit you

Police tactics for confession

cannot force a confession or question for excessive periods of time

Weber’s conceptualization of the state

monopoly on legitimate use of violence

Weber’s concept of the ideal type

constructing ideal based on common characteristics

Typical elements of criminal justice in democratic societies

due process, no one above the law (universalism), democratic control, apolitical police, sparing use of violence and force, civil rights

Enlightenment and the US criminal justice system

enlightenment happening in Europe at the same time US constitution was being created and influenced it

Beccaria’s critique of law

jury of peers, laws known to public, punishment proportional to crime, no punishment (torture) prior to trial

Searches without a warrant: wiretapping

Patriot Act has expanded