CRIM 300: Final Quiz Study Flashcards

Consensus theory of justice

Most people share basic values and surrender some rights to government in exchange for protection

Conflict theory of justice

Laws tend to reflect the interests of powerful groups and unequal power creates conflict

Crime control model

Prioritizes controlling crime through efficient processing and swift punishment

Due process model

Prioritizes fairness and protection of the rights of accused people

Discretion

The ability to make a judgment and choose an action in a particular situation

Nolle prosequi

A prosecutor decision to drop or stop criminal charges

Initial appearance

A first court appearance where charges and rights are explained and release or bail may be considered

Arraignment

A court proceeding where the accused hears the charges and enters a plea

Wedding cake model

A model showing that criminal cases receive different treatment based on seriousness and public attention

Common law

Law developed through court decisions and legal traditions rather than only through statutes

Substantive law

Law that defines crimes and establishes the rights and duties of people

Procedural law

Rules that govern how the justice system investigates prosecutes and adjudicates cases

Mens rea

The guilty mind or required criminal intent behind an act

Actus reus

The guilty act or prohibited conduct required for a crime

Felony

A serious crime generally punishable by more than one year of incarceration

Misdemeanor

A less serious crime generally punishable by up to one year in jail

Criminal law versus civil law

Criminal law addresses offenses against the state while civil law resolves disputes between parties

Uniform Crime Reporting program

An FBI system that collects crime data reported by law enforcement agencies

National Crime Victimization Survey

A survey that asks people about victimization including crimes not reported to police

Sheriff

An elected or appointed county law enforcement official who may enforce court orders and provide rural crime control

Constable

A historical law enforcement official whose duties included pursuing felons and making arrests

Coroner

An official whose primary function is determining cause of death in violent or suspicious circumstances

Metropolitan Police Act of 1829

English law that established a professional police force associated with Robert Peel

Political era of policing

An era from the 1840s to the 1930s when local politicians strongly influenced police hiring and assignments

Reform era of policing

An era from the 1930s to the 1980s that emphasized professionalism and separation from politics

Community era of policing

An era beginning in the 1980s emphasizing partnerships with residents and problem solving

Federal Bureau of Investigation

A Justice Department agency that investigates federal crimes and handles areas such as terrorism and public corruption

Hurdle process

The screening and testing process applicants must pass to become police recruits

Field training officer

An experienced officer who trains and evaluates a new officer during the transition to street duty

Working personality

A police outlook shaped especially by perceived danger and the authority to use discretion

Symbolic assailant

A person an officer interprets as potentially threatening based on learned cues or stereotypes

Watchman style

A policing style focused on maintaining order and handling neighborhood problems

Legalistic style

A policing style that emphasizes strict enforcement of the law and punishment of violations

Service style

A policing style that emphasizes helping residents and resolving problems

Problem analysis triangle

A framework for analyzing crime through the relationship among offender victim and location

Police use of force

The physical control or force used by officers to gain compliance or manage a situation

Police legitimacy

The public belief that police actions are appropriate and morally justified

Procedural justice

Fair policing built on voice and transparency and impartial unbiased decisions

Civil liability

Legal responsibility that can require payment for harm caused by unlawful conduct

Qualified immunity

A legal doctrine that can shield government officials from civil damages unless their conduct violates clearly established law

Section 1983

A federal civil rights law commonly used to sue officials for violations of constitutional rights under color of law

De-escalation

Communication and tactics intended to reduce tension and avoid unnecessary force

False arrest

An arrest made without probable cause that may expose an officer or agency to civil liability

Fourth Amendment

Protects people against unreasonable searches and seizures

Probable cause

Facts and circumstances that would lead a reasonable person to believe a crime occurred or evidence will be found

Reasonable suspicion

Specific articulable facts supporting a belief that criminal activity may be occurring

Search warrant

A court authorization to search a specified place for described evidence based on probable cause

Arrest warrant

A court authorization allowing police to take a named person into custody

Exclusionary rule

A rule that generally bars illegally obtained evidence from being used by the prosecution

Fruit of the poisonous tree

Evidence derived from an unlawful search or seizure that may also be excluded

Plain view doctrine

Allows seizure of evidence without a warrant when an officer lawfully sees it and its incriminating nature is apparent

Miranda warning

Notice of rights required before custodial interrogation including the right to remain silent and to counsel

Jurisdiction

A court authority to hear and decide a particular type of case

Trial court

A court that hears evidence and determines facts in the first instance

Appellate court

A court that reviews lower court decisions for legal error

Adversarial system

A process in which prosecution and defense present opposing cases before a neutral decision maker

Preliminary hearing

A hearing where a judge determines whether probable cause supports sending a case to trial

Grand jury

A group that reviews prosecution evidence and decides whether there is enough basis for an indictment

Indictment

A formal statement of criminal charges approved by a grand jury

Plea bargaining

An agreement in which a defendant pleads guilty in exchange for a concession from the prosecution

Beyond a reasonable doubt

The high standard of proof the prosecution must meet to convict a defendant at trial

Prosecutor

A government attorney who decides whether to bring charges and presents the case against the accused

Public defender

An attorney appointed to represent a defendant who cannot afford counsel

Defense attorney

A lawyer who protects the accused person rights and challenges the prosecution case

Judicial discretion

A judge authority to make choices within the limits of law and legal rules

Judicial selection

The process used to choose judges which may involve election appointment or merit selection

Prosecutorial discretion

A prosecutor authority to decide whether and what charges to file and how to resolve a case

Ethical obligation of defense counsel

Defense counsel must protect the client rights while following professional and legal rules

Retribution

Punishment intended to give offenders the penalty they deserve for the crime

Deterrence

Punishment intended to discourage crime by making offending seem costly

Incapacitation

Preventing crime by restricting an offender ability to commit offenses in the community

Rehabilitation

Changing offender behavior so the person can return to society as a law-abiding citizen

Determinate sentence

A fixed sentence length with no ordinary parole-board release before its expiration

Indeterminate sentence

A sentence expressed as a range that allows release timing to depend partly on behavior and parole decisions

Concurrent sentences

Multiple sentences served at the same time

Aggravating and mitigating circumstances

Aggravating facts increase sentence severity while mitigating facts support a less severe sentence

Custodial organization

A correctional philosophy that prioritizes security control and safe confinement

Treatment organization

A correctional philosophy that emphasizes rehabilitation and changing offender behavior

Classification of incarcerated persons

Assessment used to assign people to suitable security levels custody grades and housing units

Minimum-security prison

A facility with relatively low security often using dormitory housing and emphasizing work and programs

High-security prison

A facility with strong perimeter security cell housing and a high staff-to-incarcerated-person ratio

Supermax prison

A highly restrictive facility that uses prolonged isolation and tightly controlled movement

Private prison

A correctional facility operated by a private company under a government contract

Direct supervision jail

A jail design where staff supervise people in housing areas intended to improve safety and behavior

Prisonization

The process by which incarcerated people adapt to prison culture norms and routines

Keepers and kept

Terms describing correctional staff and the incarcerated people they supervise

Prison governance

The rules and practices used to maintain order and manage daily life in correctional facilities

Inmate grievance procedure

A formal process for incarcerated people to raise complaints about conditions or treatment

Eighth Amendment in prison

Prohibits cruel and unusual punishment and places limits on conditions and treatment

Reentry preparation

Services before release that help people plan for housing employment treatment and community adjustment

Contraband

Items prohibited inside a correctional facility such as unauthorized drugs phones or weapons

Correctional officer role conflict

Tension between maintaining security and supporting rehabilitation or positive relationships

Probation

A court-ordered community sentence that allows a person to remain in the community under supervision

Parole

Conditional release from prison under supervision before the full sentence is completed

Technical violation

Failure to follow a supervision condition that is not itself a new crime

Substantive violation

A violation of probation or parole involving a new criminal offense

Intensive supervision probation

A community supervision program with more frequent contact and stricter monitoring

House arrest

A sanction requiring a person to remain at home except for approved activities

Electronic monitoring

Use of radio frequency or GPS technology to monitor a person in the community

Risk-Need-Responsivity model

A rehabilitation approach that matches supervision intensity to risk and targets changeable needs using suitable interventions