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notes and exam prep
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T/F: If the grand jury finds there is sufficient evidence to bring the case to trial, it issues an information.
This statement is false; a grand jury issues an indictment, not an information, to bring a case to trial.
Please order the following categories according to the Wedding Cake Model.
Celebrated cases
Misdemeanors
Serious Felonies
Lesser Felonies
The Wedding Cake Model categorizes cases into four layers: celebrated cases at the top, followed by serious felonies, lesser felonies, and misdemeanors at the base.
What is the first formal step of the criminal justice system?
a) trial
b) preliminary hearing
c) arrest
d) sentencing
arrest
What are the steps of CJ system in correct order
preliminary hearing, arraignment, trial
discretion
making decisions based on ones judgement in a particular situation
Incarceration for 20 yrs
determinate
Incarceration from 5-10 yrs
indeterminate
Who believed in conflict theory of justice
Jean Jacque Rousseu
a trial where the defendant waives their right to a jury trial and the judge hears all evidence and determines guilt or innocence.
bench trial
Legal guilt
due-process model
factual guilt
crime-control model
What is considered the supreme law of the land
US constitutions
What term is used when both mens rea and actus reus are present at the same time
Concurrence
Which of the following is not one of the four primary objectives of the NCVS?
a) estimate the number and types of crime not reported to police
b) develop detailed information about victim and consequences
c) provide uniform measure
d) address the shortcomings of the UCR
TBD
Demon Copperhead unexpectedly sees his girlfriend's lover at Tractor Supply a few days after learning about the affair. Demon runs outside to his truck, gets his gun, and comes back inside and shoots the lover.
This is an example of which type of homicide?
second degree murder
Which of the following crime measurement sources utilizes the hierarchy rule?
UCR
What type of law does it apply to? : Prosecutor
Criminal
What type of law does it apply to? : Beyond a reasonable doubt
Criminal
What type of law does it apply to? : Plaintiff
Civil
What type of law does it apply to? : Preponderance of the evidence
Civil
What type of law does it apply to? : Defendant
Civil and Criminal
T/F : Undercover agents are required to administer Miranda rights when investigating crimes
False
In considering whether a given behavior is ethical, the test of common sense would ask what kind of question?
Would someone look askance at this?
Upon starting work at a correction facility, Wanda notices that some of her colleagues seem to be engaging in unethical behavior. One specific incident involved other corrections officers organizing races in which officers would place bets on track matches between inmates. After confronting her colleagues did not stop the behavior, Wanda decided to report the behavior to her superiors. This cause several corrections officers to be disciplined and some fired. Wanda's colleagues begin to bully her by making her look bad in front of inmates, not responding to her calls for backup, and changing her work schedule without notifying her. Which of the following have Wanda's colleagues violated?
Whistleblower Protection Act
T/F: The American Correctional Association has developed a Code of Ethics that advocates for unfailing honesty, respect for the dignity of human beings, and a commitment to professional and compassionate service
True
Which of the following describes the receipt of some benefit either for free or a reduced price
gratuities
T/F: A prosecutors primary duty is to ensure that the government wins their cases
Fa
T/F : Correctional officers often engage in inappropriate behavior related to inappropriate relationships with incarcerated people, contraband issues, and physical or sexual abuse
True
Which of the following is NOT one of the five canons of ethical behavior?
TBD
T/F: Deontological Ethics refer to one’s duty to act even when there is no meaningful societal benefit to doing so
True
An officer on patrol happens upon a contractor who is illegally dumping trash in another company's dumpster and accepts a monetary "tip" from the contractor. Which of the following terms best describes the officer?
Grass-Eater
During which of the following investigative stages does a detective direct all of their efforts towards proving a particular suspect is guilty of the crime?
Focusing the Investigation
List the four basic tasks of policing.
TBD
Which of the following styles of policing takes all requests seriously and uses a community-oriented policing approach?
Service
Which of the following is not one of the four personal attributes that a detective needs?
Limited Knowledge of scientific aids and the law
The average length of academy training is hours
TBD
Which of the following is NOT a type of information that can be provided by physical evidence?
Offenders mindset
A field training officer program consists of three phases. During which of the following phases is the recruit introduced to more complicated tasks?
Training and Evaluation Phase
What is the main purpose of the exclusionary rule?
protects against unreasonable searches and seizures by removing the incentive for police to obtain evident illegally
Which of the following is not a type of search allowed without a warrant
search of a residential porch
Which of the following is defines as a reasonable belief that a crime has been or is about to be committed by a specific person?
Probable Cause
Which of the following Supreme Court cases sets limits on electronic surveillance?
Katz v US
Which amendment protects against unreasonable searches and seizures
4th amendment
T/F: a persons roommate can give permission for the entire residence to be searches
True
The Terry stop doctrine resulted in allowing officers to
stop and frisk suspects based on only reasonable suspicion
An offcier swears a/an _____ and submits it to a judge in order to obtain either a search warrant or an arrest warrant
affidavit
There are2 legal trigger for the Miranda warning. The first is custody. Whats the 2nd?
Interrogation
In order to invoke the Carroll doctrine, the situation must require immediate action. What is the other part of the doctrine?
There must be enough probably cause that a search warrant would have been given if there had been enough time
Crime Control Model
model emphasizes the efficient arrest and conviction of offenders. It prioritizes the repression of crime as the most important function of the justice system. It operates on a "presumption of guilt" and resembles an assembly line, where speed and finality are valued over individual rights.
Due process model
this model emphasizes individual rights and the preservation of constitutional liberties. It views the justice system as an "obstacle course" designed to protect the innocent and ensure that the state proves guilt through fair procedures. It prioritizes the "presumption of innocence" and holds that it is better for a guilty person to go free than for an innocent person to be wrongly convicted.
Conflict Theory of Justice
argues the law is a tool used by the ruling class (those with wealth and power) to maintain social order and control the subordinate classes. It suggests that the "consensus" on what is criminal is actually imposed by those in power to protect their interests.
Consensus Theory of Justice
The view that the majority of citizens in a society share similar values and beliefs. According to this theory, crimes are acts that violate the shared norms of the community, and the law is a reflection of the collective will of the people.
Wedding Cake Model
model illustrates that the justice system does not treat all cases equally.
Layer 1 (The Top): Celebrated cases (heavy media attention, full jury trials).
Layer 2: Serious felonies (violent crimes, repeat offenders).
Layer 3: Lesser felonies (non-violent, first-time offenders).
Layer 4 (The Bottom): Misdemeanors (the vast majority of cases, usually handled via plea bargains or fines).
Three Strikes Law
Statutes that mandate lengthy prison sentences (typically 25 years to life) for individuals convicted of a third felony. These laws are designed to incapacitate "habitual offenders" but are often criticized for their high costs and impact on non-violent offenders.
Actus Reus (The Guilty Act):
The physical element of a crime. It must be a voluntary bodily movement. Omission (failure to act) can only be actus reus if there was a legal duty to act (e.g., a parent protecting a child).
Mens Rea (Guilty Mind)
The mental state or intent behind a crime. It ranges from "purposeful" (intending the result) to "negligent" (failing to perceive a substantial risk).
Concurrence
The legal requirement that the mens rea (intent) and the actus reus (act) must occur simultaneously for a crime to have been committed
English Common Law
The historical basis for the American legal system, consisting of unwritten laws based on custom and judicial usage. It relies heavily on stare decisis (the doctrine of precedent), where past court decisions guide current cases.
Civil vs Criminal Cases
Criminal: The state vs. an individual; seeks punishment (jail/fines); requires proof beyond a reasonable doubt.
Civil: Individual vs. individual; seeks compensation (damages); requires a preponderance of the evidence (more likely than not).
UCR (Uniform Crime Reports)
Compiled by the FBI; tracks crimes reported to the police. It is criticized for the "dark figure of crime" (unreported incidents).
NCVS (National Crime Victimization Survey
A self-report survey of households; captures crimes not reported to police, providing a more complete picture of victimization.
Ethics Reform Act:
A federal law (1989) that established strict ethical standards for employees of the executive, legislative, and judicial branches, specifically regarding gifts, outside income, and post-employment lobbying
Meat-eaters:
A term originating from the Knapp Commission (1970s) describing police officers who proactively and aggressively use their power for personal gain (e.g., shaking down drug dealers).
Grass-eaters
Officers who do not actively seek out bribes but will accept "gratuities" (free meals, small bribes) if they are offered in the course of their duties.
Whistleblower Protection Act
A federal law designed to protect government employees from retaliatory actions (like being fired or demoted) after they report misconduct, illegal activities, or waste within their agency.
Ethical Tests
Frameworks used by CJ professionals to evaluate a course of action. Examples include the Test of Publicity (Would I want this on the front page of the paper?) and the Test of Universality (Would it be okay if everyone did this?).
Political Era (1840–1930):
Police were tied closely to local political machines. Their primary function was providing social services and maintaining the power of politicians. Corruption was rampant, and hiring was based on "who you knew."
Reform/Professional Era (1930–1970):
Driven by August Vollmer and O.W. Wilson, this era focused on removing politics from policing. It emphasized crime-fighting, motorized patrol, rapid response, and the use of technology. It created a "thin blue line" mentality, distancing police from the community.
Community Era (1970–Present)
A shift back toward building relationships with citizens. It emphasizes proactive problem-solving (Problem-Oriented Policing) and addressing the underlying causes of crime rather than just making arrests.
FTO (Field Training Officer)
An experienced officer who supervises and mentors a recruit in the field after they have graduated from the academy, bridging the gap between classroom theory and street reality.
Interview vs. Interrogation:
An interview is a non-accusatory conversation intended to gather facts from witnesses or victims. An interrogation is an accusatory process intended to elicit an admission of guilt or a confession from a suspect
DNA (Deoxyribonucleic acid):
The "gold standard" of forensic evidence; used to identify suspects with near-certainty or to exonerate the wrongfully convicted
4th Amendment:
Protects against "unreasonable searches and seizures" and requires that warrants be supported by probable cause (enough evidence to lead a reasonable person to believe a crime was committed).
5th Amendment:
Protects against self-incrimination (the right to remain silent) and double jeopardy. It is the basis for the Miranda warning.
6th Amendment:
Guarantees the right to a speedy and public trial, an impartial jury, and the right to counsel (assistance of an attorney).
8th Amendment:
Prohibits "excessive bail" and "cruel and unusual punishments." It is central to the debate over the death penalty and prison conditions.
Terry Stop
Established by Terry v. Ohio, it allows an officer to stop and briefly detain a person based on reasonable suspicion (a lower standard than probable cause) and perform a "pat-down" for weapons if they believe the person is armed and dangerous.
Carroll Doctrine:
Established by Carroll v. United States, this allows for the warrantless search of an automobile if the officer has probable cause to believe it contains contraband, due to the vehicle's inherent mobility.
Electronic Surveillance
The monitoring of communications (wiretaps, GPS); generally requires a warrant under the Electronic Communications Privacy Act, though certain exceptions exist for national security.
Probable cause
Facts and circumstances that would lead a reasonable person to believe a crime was committed.
Reasonable Suspicion
A standard lower than probable cause; allows for a brief investigative stop.
Warrantless Searches:
Allowable in specific cases: Consent, Plain View, Search Incident to Arrest, Exigent Circumstances, and Automobiles
Line up:
An identification procedure where a victim views several people to identify a suspect; must not be "unnecessarily suggestive" per the 6th Amendment.
Steps of the Criminal Justice Process
1. Investigation (gathering evidence), 2. Arrest (taking into custody), 3. Booking (administrative record), 4. Initial Appearance (judge explains charges/bail), 5. Preliminary Hearing or Grand Jury (to determine if probable cause exists), 6. Arraignment (formal plea entered), 7. Trial (adjudication), 8. Sentencing (punishment), and 9. Corrections (carrying out the sentence).
Types of Crimes: Generally categorized by severity:
Felonies: Serious crimes (e.g., murder, rape, robbery) punishable by death or imprisonment for one year or more in a state or federal prison.
Misdemeanors: Less serious offenses (e.g., simple assault, petty theft) punishable by fines or less than one year in a local jail.
Infractions (Summary Offenses): Minor violations (e.g., traffic tickets, littering) that usually result only in a fine and no criminal record.
Types of Correctional Officer Misconduct:
Malfeasance: The commission of an act that is inherently unlawful or wrongful (e.g., an officer smuggling drugs into a prison).
Misfeasance: The improper performance of an act that is otherwise lawful (e.g., an officer using more force than necessary during a standard cell extraction).
Nonfeasance: The failure to act when there is a legal duty to do so (e.g., an officer watching an inmate being assaulted and failing to intervene).
Criminal Justice Professionals from England (Historical):
Shire Reeve: The forerunner of the modern Sheriff; they were appointed by the crown to collect taxes and keep the peace in a "shire" (county).
Comes Stabuli: The forerunner of the Constable; a non-uniformed officer responsible for maintaining order in early English towns.
Justice of the Peace: An official appointed to assist the Shire Reeve in judicial matters, eventually becoming the local magistrate.
Department of Justice (DOJ):
The federal executive department responsible for the enforcement of the law and administration of justice in the US; headed by the Attorney General.
Department of Homeland Security (DHS):
A cabinet-level department created after 9/11 focused on federal efforts to prevent terrorism, manage borders, and handle emergency response (includes TSA, CBP, and ICE).
FBI vs. CIA:
FBI: A domestic agency under the DOJ with both law enforcement and intelligence functions; has the power to make arrests for federal crimes.
CIA: A foreign intelligence agency; it collects and analyzes info regarding national security from abroad and has no law enforcement authority or power to arrest on US soil.
Special Purpose State Agencies:
State-level law enforcement with specialized jurisdiction or narrow duties, such as Campus Police, Fish and Wildlife Wardens, or Alcohol Beverage Control (ABC) agents.
Tasks of Policing
Law Enforcement (making arrests), Order Maintenance (keeping the peace), Service (helping the public/accidents), and Information Gathering (investigating/reporting).
Styles of Policing
Watchman: Focuses on order maintenance and "informal" resolution; common in lower-class neighborhoods.
Legalistic: Strict enforcement of the letter of the law; focuses on tickets and arrests.
Service: Focuses on meeting community needs and treating citizens with respect; common in affluent suburbs.
Informant
A person who provides privileged information about a person or organization to a law enforcement agency, usually in exchange for money or reduced criminal charges.
Articles of Faith
In police culture, these are the deeply held, often unquestioned beliefs and values shared by officers (e.g., the belief that the public is "anti-police" or that only an officer can truly understand the job).
Investigative Stages:
Preliminary Investigation: Conducted by the first responding officer; involves securing the scene and identifying witnesses.
Continuing (Follow-up) Investigation: Conducted by detectives; involves lead-following and re-interviewing.
Reconstructive Investigation: The final stage where all evidence is used to develop a theory of how the crime occurred for the prosecution.