Intro to Criminal Justice Exam 2

fourth amendment

right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures

fifth amendment

an individual cannot be compelled by the government to provide incriminating information about themselves

search

government officials' examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy

reasonable expectation of privacy

the objective standard developed by courts for determining whether a government intrusion into an individual's person or property constitutes a search because it interferes with the individual's interests that are normally protected from government examination

plain view doctrine

officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be

seizures

Situations in which police officers use their authority to deprive people of their liberty or property and that must not be "unreasonable" according to the Fourth Amendment

reasonable suspicion

a police officer's belief, based on articulable facts that would be recognized by others in a similar situation, that criminal activity is afoot and necessitates further investigation that will intrude on an individual's reasonable expectation of privacy

objective reasonableness

officer's use of deadly force should be judged in terms of its reasonableness for the specific situation that confronts the officer

affidavit

written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant

warrantless searches

exigent circumstances

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure

miranda warnings

(1) they have the right to remain silent; (2) if they decide to make a statement, it can and will be used against them in court; (3) they have the right to consult with an attorney and have the attorney present during interrogation; and (4) if they cannot afford an attorney, the state will provide one

exclusionary rule

the principle that illegally obtained evidence must be excluded from trial

adversarial process

court process, employed in the United States and other former British colonies, in which lawyers for each side represent their clients' best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendant

inquisitorial process

court process, employed in most countries of the world, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses

jurisdiction

The geographic territory or legal boundaries within which control may be exercised; the range of a court's authority.

norm enforcment

courts play a central role in enforcing society's rules and standards for behavior

dispute processing

when people disagree about contracts, money, property, and personal injuries in ways that they cannot resolve on their own, they file lawsuits seeking government intervention on their behalf

trial courts of limited jurisdiction

criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. Sometimes these courts hold felony trials that may result in penalties below a specific limit

trial courts of general jurisdiction

criminal courts with jurisdiction over all offenses, including felonies. In some states, these courts also hear appeals

appellate courts

courts that do not try criminal cases, but hear appeals of decisions of lower courts

courts of last resort

the highest courts in each American court system, typically called state supreme courts, that hear selected appeals from the lower courts

intermediate level appellate courts

court of appeals

problem solving courts

lower-level local courts dedicated to addressing particular social problems or troubled populations. Examples of such courts include drug courts, domestic violence courts, and mental health courts

adjudicator

judges must assume a neutral stance in overseeing the contest between the prosecution and the defense. They must apply the law in ways that uphold the rights of the accused in decisions about detention, plea, trial, and sentence

negotiator

many decisions that determine the fates of defendants take place outside of public view, in the judge's private chambers. These decisions come about through negotiations between prosecutors and defense attorneys about plea bargains, sentencing, and bail conditions

administrator

managing the courthouse. In urban areas, a professional court administrator may direct the people who keep records, schedule cases, and do the many other jobs that keep a system functioning. But even in cities, judges are in charge of their own courtroom and staff. In rural areas, which do not usually employ professional court administrators, the judges' administrative tasks may expand to include managing labor relations, budgeting, as well as maintenance of the courthouse building

problem solvers

judges acting in the newly developed problem-solving courts

partisan election

an election in which candidates openly affiliated with political parties are presented to voters for selection

non-partisan election

An election in which candidates' party affiliations are not listed on the ballot

merit selection

reform plan by which judges are nominated by a committee and appointed by the governor for a given period. When the term expires, the voters approve or disapprove the judge for a succeeding term. If the judge disapproves, the committee nominates a successor for the governor's appointment

prosecuting attorneys

legal representative of the state with sole responsibility for bringing criminal charges. Depending on the state, this person is referred to as the district attorney, state's attorney, commonwealth attorney, or county attorney

united states attorneys

officials responsible for the prosecution of crimes that violate the laws of the United States. Appointed by the president and assigned to a U.S. district court jurisdiction

state attorney general

chief legal officer of a state, responsible for both civil and criminal matters

prosecutor's dilemma

prosecutors face conflicting pressures to press charges vigorously against lawbreakers while also upholding justice and the rights of the accused

counts

each separate offense of which a person is accused in an indictment or an information. crime control model

discovery

prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial

nolle prosequi

an entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed

accusatory process

series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court

defense attorney

lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice

public defender

attorney employed on a full-time, salaried basis by a public or private nonprofit organization

assigned counsel

attorney in private practice assigned by a court to represent an indigent. The attorney's fee is paid by the government with jurisdiction over the case

contract counsel

attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount

workgroups

a collection of individuals who interact in the workplace on a continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, all of which differentiate the group from others and facilitate cooperation

warrantless arrest

on-the-street determinations of probable cause can produce discretionary warrantless arrests

arraingment

the court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty

motions

an application to a court requesting that an order be issued to bring about a specific action

bail

an amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required

preventive detention

holding a defendant for trial, based on a judge's finding that if the defendant were released on bail, he or she would endanger the safety of any other person and the community or would flee

bail agent

also known as bail bondsman, private business people who are paid fees by defendants who lack the money to make bail

citation

a written order or summons, issued by a law enforcement officer, directing an alleged offender to appear in court at a specific time to answer a criminal charge

release on recognizance

pretrial release granted on the defendant's promise to appear in court because the judge believes that the defendant's ties to the community guarantee that she or he will appear

ten percent cash bail

defendants may deposit a percentage (usually 10 percent) of the full bail with the court. The full amount of the bail is required if the defendant fails to appear. The percentage of bail is returned after disposition of the case, although the court often retains 1 percent for administrative costs

bail fund

innovative program developed in New York City in 2009 was called the Bronx Freedom Fund. Poor people who were represented by the Bronx Defenders, a nonprofit organization that handles defense for indigent defendants, received loans from the fund in order to post bail and gain pretrial release

bail guidelines

guidelines specify the standards judges should use in setting bail and also list appropriate bail amounts. Judges are expected to follow the guidelines but may deviate from them in special situations

plea bargaining

defendant's plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so, usually a reduction of the charge. The defendant's ultimate goal is a penalty lighter than the one formally warranted by the charged offense

implicit plea bargaining

a guilty plea can be entered without any formal bargaining, because both sides agree on what the case is worth in terms of the seriousness of the charge and the usual punishment. This process may be thought of as implicit plea bargaining, because shared understandings create the expectation that a guilty plea will lead to a less-than-maximum sentence, even without any exchange or bargaining

judicial scrutiny

as the agreement is most often made at an early stage when the judge has little information about the crime or the defendant and thus cannot adequately evaluate the case

bench trial

trials conducted by a judge who acts as fact finder and determines issues of law. No jury participates

jury trial

(1) Prevent government oppression by safeguarding citizens against arbitrary law enforcement (2) Determine whether the accused is guilty on the basis of the evidence presented (3) Represent diverse community interests so that no one set of values or biases dominates decision making (4) Serve as a buffer between the accused and the accuser (5) Promote citizens' knowledge about the criminal justice system through the jury-duty process (6) Symbolize the rule of law and the community foundations that support the criminal justice system

voir dire

a questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict

challenge for cause

removal of a prospective juror by showing that he or she has some bias or some other legal disability. The number of such challenges available to attorneys is unlimited

peremptory challenges

removal of a prospective juror without giving a reason. Attorneys are allowed a limited number of such challenges

real evidence

physical evidence—such as a weapon, records, fingerprints, and stolen property—involved in the crime

demonstrative evidence

evidence that is not based on witness testimony but that demonstrates information relevant to the crime, such as maps, X-rays, and photographs; includes real evidence involved in the crime

testimony

oral evidence provided by a legally competent witness

direct evidence

eyewitness accounts

circumstantial evidence

evidence provided by a witness from which a jury must infer a fact

cross-examination

the questioning of a witness by the opposing attorney during a trial

appeals

a request to a higher court that it reviews actions taken in a trial court

habeas corpus

a writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released

retribution

punishment inflicted on a person who has harmed others and so deserves to be penalized

general deterrence

punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses

specific deterrence

punishment inflicted on criminals to discourage them from committing future crimes

selective incapacitation

making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacitation will do the most to reduce crime in society

rehabilitation

the goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy

restorative justice

punishment designed to repair the damage done to the victim and community by an offender's criminal act

indeterminate sentencing

a period set by a judge that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole

determinate sentencing

a sentence that fixes the term of imprisonment at a specific period

presumptive sentencing

a sentence for which the legislature or a commission sets a minimum and a maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances

mandatory sentencing

a sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria

three strike laws

laws require that judges sentence offenders with three felony convictions to long prison terms, sometimes to life without parole

good time

a reduction of an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs

First Step Act

law includes various reforms to sentencing and corrections, including an expansion of good time for those confined to federal prisons. The law clarified that imprisoned individuals were eligible for 54 days per year of good time based on the sentence announced for them in court

earned time

reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs and for work assignments such as disaster relief and conservation projects

truth in sentencing

laws that require offenders to serve a substantial proportion (usually 85 percent for violent crimes) of their prison sentence before being released on parole

probation

a sentence that the offender is allowed to serve under supervision in the community

shock probation

a sentence in which the offender is released after a short incarceration and resentenced to probation

blameworthiness

concerns such factors as offense severity (such as violent crime or property crime), the offender's criminal history (such as recidivist or first timer), and role in commission of the crime (such as leader or follower)

crack cocaine disparity

federal sentencing guidelines for these offenses, which disproportionately affect African Americans, were adjusted to be more closely aligned with shorter sentencing for possessing and selling seminal amounts of powder cocaine, crimes more commonly associated with white offenders

Fair Sentencing Act of 2010

reduced the disparity in mandatory sentencing between crack cocaine and powder cocaine offenders

correcitons

the variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses

enlightenment

movement during the eighteenth century in England and France in which concepts of liberalism, rationalism, equality, and individualism dominated social and political thinking

penitentiary

an institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform

separate confinement

penitentiary system, developed in Pennsylvania, in which each inmate was held in isolation from other inmates. All activities, including craftwork, took place in the cells

congregate system

penitentiary system, developed in Auburn, New York, in which each inmate was held in isolation during the night but worked and ate with other prisoners during the day under a rule of silence

contract labor system

system under which inmates' labor was sold on a contractual basis to private employers who provided the machinery and raw materials with which inmates made salable products in the institution

lease system

system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labor

reformatory

an institution that emphasizes training, a mark system of classification, indeterminate sentences, and parole

mark system

point system in which prisoners can reduce their term of imprisonment and gain release by earning "marks," or points, through labor, good behavior, and educational achievement