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criminal justice > final exam > Flashcards

final exam Flashcards

1
Q

what are the three entities of the criminal justice system?

A

law enforcement, courts, and corrections

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1
Q

what is the responsibilities of the courts

A

the courts are responsible for interpreting and applying the law

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2
Q

what is the most reported street crime

A

motor vehicle theft

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3
Q

what government agency is responsible for the UCR program

A

the FBI

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4
Q

what is mens rea

A

guilty mind (done with intent)

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5
Q

who is more likely to get charged:
- a black man who murdered a white woman
- a black man who murdered a black woman
- a white man who murdered a black man
- a white man who murdered a white woman

A

a black man who murdered a white woman

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6
Q

after a person is charged for a crime, what is the next step in the criminal justice system?

A

a judge informs the defendant of their charges – an arraignment

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7
Q

murder, rape, and robbery are commonly categorized as which type of crime?

A

street crimes

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8
Q

_________ is the most reported street crime

A

motor vehicle theft

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9
Q

the president of a financial consultant firm is accused of stealing money from the company that normally would have gone to shareholders. this is an example of what?

A

white collar crime

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10
Q

online identity theft is an example of what category of crime?

A

cybercrime

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11
Q

what evidence is necessary to claim justifiable homicide

A

imminent threat to human life

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12
Q

__________ perspective holds the belief that if a punishment is weak criminals won’t feat the punishment

A

crime control

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13
Q

a criminal justice advocate argues that all people accused of crimes must be treated fairly and equally, regardless of personal characteristics in accordance with the US constitution. the advocate’s argument reflect the _______________ perspective

A

due process

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14
Q

one of the biggest problems with the media’s portrayal of the criminal justice system is the

A

spread of inaccurate views of crime and victimization

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15
Q

the two primary ways in which researchers collect nationwide data on crime are via official reports from law enforcement and

A

voluntary surveys of citizens

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16
Q

the two organizations that collect crime data on a federal level are the Bureau of Justice Statistics and the FBI. which agency is responsible for maintaining the Uniform Crime Report?

A

the FBI

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17
Q

what is the general public’s perception of crime rates?

A

crime has gotten worse and people feel less safe than 20 years ago

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18
Q

the media is a key factor in the fear of victimization because

A

it tends to exaggerate stories that lead people to believe they are going to be victims (lack of media literacy)

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19
Q

the central assumption of classical crime theory is that crime occurs

A

when the benefit of committing the crime outweighs the potential punishment

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20
Q

in incidents with multiple crimes, the hierarchy rule records only the first crime committed for statistical purposes (true or false)

A

false; it records the more serious one not the first

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21
Q

larceny in the most common form of property crime according to the national crime victims survey. true or false

A

true

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22
Q

___________ is a foundation for punishment that is directed towards individual people who are incarcerated to discourage reoffending

A

specific deterrence

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23
Q

what is the difference between general deterrence and specific deterrence

A

general deterrence: meant to deter all members of society
specific deterrence: directed towards a specific individual’s behavior

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24
Q

____________ is a sentencing goal that aims to protect the public by removing the person who’s incarcerated from society

A

incapacitation

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25
Q

__________ is a sentencing goal that aims to reduce crime by treating the person who is incarcerated via educational programs, drug and alcohol programs, and other treatments

A

rehabilitation

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26
Q

a state is instituting a new program aimed at reducing offending. the program offers academic and vocational training in prisons to improve employment opportunities for people who are incarcerated after the are released. which concept best describes that goal of training programs that are mandated by law

A

rehabilitation

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27
Q

the origin of us legal tradition is

A

english common law

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28
Q

what kind of law provides a template for governmental powers, civil rights, and civil liberties.

A

constitutional law

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29
Q

a teenager was stopped by the police for having a broken tail light. the police proceeded to search the vehicle and find marijuana. they arrested him. the judge, however, dismissed the charges because they decided that the police did not have sufficient cause to search the car. the judges ruling is guided by what

A

procedural law

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30
Q

what is the source of procedural law involving arrests, warrants, searches and seizures, and trials

A

the bill of rights

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31
Q

what is the difference between statutes and ordinances

A

statutes: involve issues that impact the entire state or country
ordinances: deal with local matters

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32
Q

what type of law is based on previous court decisions

A

case law

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33
Q

what is another term for previous court decisions that judges used to establish case law

A

precedent

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34
Q

mens rea refers to

A

guilty mind (intent)

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35
Q

the elements of a crime must be proven

A

beyond a reasonable doubt

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36
Q

most cases of misdemeanors are punished by what

A

less than a year in jail

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37
Q

serious crimes such as murder, rape, and robbery are classified as

A

felonies (indictable crimes)

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38
Q

a __________ defense claims that the defendant could not have committed the crime for which they were charged because they have proof that they could not have been at the crime scene at the time of the crime

A

alibi

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39
Q

the origins of american policing are based on what

A

english common law and policing traditions

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40
Q

who is considered the father of american policing?

A

august volmer

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41
Q

what is the one difference between the duties of white and black police officers in the early days of american policing

A

black officers were not permitted to arrest white citizens

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42
Q

most police agencies have a ___________ structure with a clear chain of command

A

paramilitary

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43
Q

the _______ is ultimately responsible for everything that occurs in a police department

A

chief of police

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44
Q

________ is considered the backbone of policing

A

patrolling

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45
Q

the __________ have the power to change the meaning of due process

A

supreme court

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46
Q

due process rights are based primarily upon

A

case law

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47
Q
A
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48
Q

a police officer pulls over a motorist for a broken tail light. they smell marijuana in the car and decide to search the vehicle for drugs. what was the basis of the officer’s decision to conduct a search?

A

probable cause

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49
Q

__________ is a measure based on minimal or no evidence that leads an officer to believe that someone committed a crime

A

reasonable suspicion

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50
Q

the ________ amendment guarantees the right against self-incrimination

A

fifth

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51
Q

an individual’s miranda rights must be read when

A

custodial interrogation occurs (arrest and interrogation) (under custody already but read before questioning starts)

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52
Q

what is the supreme law of the land in the U.S.?

A

U.S. constitution

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53
Q

advocacy model

A

defendant and government are represented by advocates acting on their behalf

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54
Q

adversarial system

A

a quality of the U.S. justice system in which prosecutors and defendants compete to reveal the truth

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55
Q

prosecutor

A

represents the government or the “people” (represents victim in certain cases)

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56
Q

U.S. Attorney General (3)

A

chief law enforcement officer in the government, head of the Department of Justice; advisor appointed by president

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57
Q

U.S. Attorneys

A

responsible for trying cases at the federal court level; also appointed by president, supervised by AG

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58
Q

Special Prosecutors

A

special prosecutors may be appointed to investigate an official’s wrongdoing, historically appointed by president

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59
Q

state & local prosecutors

A

most states elect district attorneys (DAs)

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60
Q

prosecutor’s discretion (4)

A

encompasses who is charged and with what, whether to offer plea bargain, when or whether to drop charged, and refiling charges

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61
Q

influential factors (prosecutors) (5)

A

evidence, seriousness of crime, odds of winning, court resources, wishes of the victim, family, or public

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62
Q

exculpatory evidence

A

evidence which clears some or all guilt during criminal proceedings

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63
Q

legal and ethical concerns (prosecutors)

A

procedural missteps

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64
Q

discovery (the prosecutor)

A

process of defense learning about prosecution’s evidence

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65
Q

Brady v. Maryland (1963)

A

prosecutorial misconduct

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66
Q

defense attorney

A

advocates for client’s constitutional rights (nothing to do with guilt or innocence –> makes sure a client’s rights are not violated)

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67
Q

defense attorney is often misunderstood

A

negative public perception, misconception of proving innocence or guilt

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68
Q

only ______________ of defendants can afford to hire a private counsel; majority rely on ______ or private attorneys appointed ______________

A

a small percentage; public defenders; pro bono

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69
Q

process of charging defendant (four steps)

A

(1) crime is allegedly committed
(2) an arrest is made
(3) prosecuting attorney will decide whether or not to file charges (complaint = document that initiates legal proceedings)
(4) the grand jury

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70
Q

grand jury (6)

A

prosecutor may decide to seek an indictment from a grand jury; only hears evidence from prosecution, ranges from 16 to 23 jurors, no determination of guilt, serve 1 -12 months at state level and 18 at federal level; operate in secret, have subpoena power, unbound by rules of evidence

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71
Q

petit jury

A

jury that determines guilt/innocence in a single criminal trial

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72
Q

bail reform act of 1966

A

right to be released on bond or recognizance

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73
Q

recognizance

A

agreeing to show up for court (if you do not show up, you get a warrant out for your arrest)

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74
Q

victims rights vary by state, and may include (3):

A
  • notifications of release
  • pretrial release hearings (notification and/or participation)
  • location monitoring of defendant
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75
Q

court may consider these reasons to grant/deny bail (5)

A
  • type of offense
  • character of suspect
  • ties to the community
  • employment status
  • past record
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76
Q

preliminary hearing

A

determines the extent of evidence and if charges will be pressed; use less stringent rules of evidence to establish probable cause

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77
Q

arraignment

A

formal reading of charges in front of defendant

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78
Q

different kind of pleas

A

guilty, not guilty, nolo contendere (accept charges without admitting guilt)

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79
Q

plea bargain

A

prosecutor offers less charge or fewer charges in exchange for guilty plea; judge must determine that the plea was entered voluntarily, knowingly, and intelligently (once a judge accepts the plea, the sentence may be imposed immediately;; if sentencing was not agreed upon, a sentencing hearing will be scheduled)

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80
Q

motion

A

to put in writing to the court; motions can be denied, they do not have to be approved

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81
Q

motion to suppress

A

request to disallow illegally obtained evidence

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82
Q

motion to limine

A

request to evaluate admissibility of evidence

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83
Q

motion for a change of venue

A

request for geographical change

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84
Q

motion for a discovery

A

mandate for prosecution to provide defense with evidence

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85
Q

motion for recusal

A

request for removal of a trial judge or prosecutor

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86
Q

motion for expenses of experts

A

request for the state to pay for expenses related to expert testimony

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87
Q

trial management order

A

a full schedule created by the court and court participants that designates what will happen and when as the parties work toward the trial date
- extensive scheduling is designed to meet the speedy trial deadline guarantee, which generally requires trial to be conducted within 6 months of arraignment

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88
Q

venire

A

list of potential jurors used to select jury

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89
Q

challenge to the array

A

argument that venire should be discharged due to the selection process

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90
Q

voir dire

A

questioning jurors under oath to uncover inappropriate jurors

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91
Q

challenge for cause

A

defense, prosecutor, or judge believes a juror cannot be unbiased

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92
Q

peremptory challenge

A

removing a prospective juror from the venire without legal justification

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93
Q

sixth amendment to the constitution requires:

A

impartial jury from area where crime was committed

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94
Q

defense or prosecution may file for sequestration of witnesses, which means

A

witnesses not allowed in the courtroom during other witness testimonies

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95
Q

_________ are less likely to be offered bail or reduced charges in plea bargains

A

blacks

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96
Q

___________ are less likely to be offered bail or lenient plea bargains in drug-related crimes

A

hispanics

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97
Q

civil rights act of 1875

A

federally prohibited racial exclusion from jury selection

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98
Q

technology has made it easier in bail by (3)

A
  • post bail online quickly with e-forms and credit cards
  • bond companies can easily follow up with those on bail in various ways
  • GPS tracking helps check for risky behavior
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99
Q

no bill

A

they do not have enough evidence to believe that this case should be heard at a grand jury level —> they pass it back down to municipal courts (remand it back)

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100
Q

true bill

A

there is enough evidence to say that the case needs to be heard by a grand jury

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101
Q

criminal trials

A

ascertain guilt in those charged with crimes

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102
Q

legal guilt

A

prosecutor persuages judge or jury that defendant is guilty

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103
Q

factual guilt

A

whether the defendant actually committed a crime

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104
Q

civil trials

A

settling disputes between two noncriminal parties

105
Q

traffic hearings

A

used to deal with traffic offenses

106
Q

adjudicate

A

rendering formal judgment on dispute

107
Q

bench trial

A

judge is fact finder instead of jury (there is no jury)

108
Q

jury trial

A

jury is the fact finder and renders verdict

109
Q

presentation of opening statements

A
  • purpose: to offer a picture of what actually transpired
  • not evidence but predictions of what will be presented
110
Q

perjury

A

swearing of a false oath

111
Q

federal rules of evidence

A

guide what constitutes evidence and what can be introduced at a trial. evidence must be relevant, material, and competent

112
Q

direct evidence

A

doesn’t require fact-finder to draw an inference

113
Q

circumstantial evidence

A

requires interpretation of evidence (not strong) (you can be convicted based off circumstantial evidence alone) (totality of circumstances)

114
Q

hearsay

A

out-of-court statement offered in court to prove truth.

115
Q

hearsay rule

A

hearsay is inadmissible in court

116
Q

exceptions to hearsay

A

(1) dying declaration: final words of a crime witness
(2) excited utterance: words blurted out under stress/excitement
(3) reputation concerning character: may testify about social reputation

117
Q

presentation of closing arguments

A
  • summarize evidence and arguments for the jury
  • rebuttal: prosecutors may receive the last opportunity to speak
118
Q

judge’s charges to the jury

A
  • judge instructs jury on the legal aspects of reaching a verdict
  • pattern jury instructions: language template used in charging jury
119
Q

charging instructions generally note (3):

A
  • innocent until proven guilty
  • beyond a reasonable doubt: level of proof required for a criminal case conviction
  • required objectivity
120
Q

jury deliberation

A

jury process of determining guilt

121
Q

sequestered (jury)

A

jury may be isolated to prevent outside influences from affecting verdict

122
Q

hung jury

A

deadlocked; unable to agree on guilt or innocence of defendant

123
Q

acquittal

A

to free someone from criminal charge, following a non-guilty verdict

123
Q

jury nullification

A

ability of jury to ignore the law and acquit a guilty defendant

123
Q

mistrial

A

trial ending prior to normal conclusion

124
Q

exceptions to double jeopardy (3)

A

same facts but different elements of each crime, different jurisdictions, trial in civil and criminal court

125
Q

reading of the verdict

A

a formal courtroom event in which jury offers their verdict on charge(s)

126
Q

principles of punishment (3)

A
  • proportionality: severity of sentence matches crime
  • equity: similar crimes should be punished similarly
  • social debt: accounts for criminal past in sentencing
127
Q

five primary goals of sentencing

A

retribution, incapacitation, deterrence (dissuading offenders and others from crime), rehabilitation, restoration (addressing harm to victims and community)

128
Q

presentence investigation

A

background info (history and extenuating circumstances) to consider in sentencing

129
Q

indeterminate sentencing (3)

A

allowed greater judicial discretion to craft an individualized sentenced with emphasis on rehabilitation
(1) sentenced to a range of years with a stated minimum and maximum
(2) parole boards make the actual determination as to when the prisoner is released

130
Q

parole boards

A

reviews prior acts and behavior to determine when a prisoner is ready for release

131
Q

structured sentencing (3)

A

(1) sentences are generally given in the form of fixed terms with an anticipated date of release
(2) far more impersonal, removes or greatly curtails judicial discretion and reflects a shift away from rehabilitation towards greater retribution
(3) removes an offender’s motivation to participate in programs as a means to shorten the sentence

132
Q

determinate sentencing (3)

A
  • established by legislative statute
  • rules out prison alternatives
  • increases the likelihood that offenders are imprisoned and increases the length of their sentence
133
Q

violent crime control and law enforcement act of 1994

A

requires prisoners to serve at least 85% of their sentence in order for states to qualify for federal financial aid
(as offending decreases, prison population is increasing)

134
Q

mandatory minimum

A

applies minimum sanctions to particular types of crime
- doesn’t allow for discretion or alternative sanctions

135
Q

diversity in sentencing

A

most felony defendants sentenced in the US are poorly educated, minority males with a mean age of 35.3 years

136
Q

capital case

A

federal government and several states try capital cases for: premeditated or first degree murder, murder of federal agents and politicians, and some crimes against children. defendant may face execution if convicted

137
Q

difference between criminal trial and capital case

A
  • prosecutors are required to file a notice of their intent to seek the death penalty in a case
  • during voir dire, attorneys ascertain if prospective jurors are death qualified.
138
Q

death qualified

A

suitable to serve on a case in which the punishment might be execution

139
Q

correctional responses in the community:

A

criminal sanctions less serious than full-time incarceration but more severe than probation

140
Q

decisions to sentence an offender to community corrections is influenced by (7):

A
  • structured sentencing guidelines
  • nature and circumstances of crime
  • motivations of offender
  • offender characteristics such as employment, childcare responsibilities, etc.
  • resource availability
  • statutes (local, state, and federal)
  • the perceptions of community tolerance
141
Q

father of probation

A

john augustus
- in 1841, posted bail for one man accused of being a drunk
- persuaded judge to release the drunk into his custody for 3 weeks
- end of the 3 weeks, augustus convinced the judge the man had been reformed
- from 1841 to 1859, august acted as a volunteer probation officer for more than 1800 individuals
- assisted with education, employment, and housing
- recruited others to volunteer later became a paid position filled by police

142
Q

problem solving courts

A
  • specialized to meet the needs of a particular group of offenders
  • intensive judge/probation oversight
143
Q

privatized community corrections services

A
  • budget shortages and rapid growth in the number of probationers have forced officials to consider private options
  • require probationers to post a bond as insurance
144
Q

goals of correctional responses in the community (4)

A
  • punishment: designed to deter criminals
  • ensuring safety
  • rehabilitation and nonintervention (helps with coping skills, addiction, education, and enables the offender to better maintain employment, develop new skills, and remain engaged with family)
  • restorative justice (emphasize that crime is criminal behavior and lawbreaking harms the victims and the community; accomplished when the victim offender, and community work together to develop an appropriate response to criminal behavior)
145
Q

two types of community corrections

A

probation and intermediate responses

146
Q

probation

A

individual on probation is not incarcerated but rather lives in the community and must prove he/she can live within the constraints of the law and conditions set by the judge. probation may be terminated if rules and conditions are violated, resulting in incarceration.

147
Q

intermediate response

A

probation plus additional community sanctions. frequent drug testing, therapies, and other forms of behavior modfiications

148
Q

fine

A

financial sanctions

149
Q

forfeiture

A

seizure of material possessions related to a crime

150
Q

electronic monitoring

A

probationer wears a monitor on the body that identifies their location

151
Q

intensive supervised probation (ISP)

A

offenders undergo extreme monitoring

152
Q

home confinement/house arrest

A

offenders cannot leave their homes

153
Q

split sentence/shock probation

A

short incarceration before release into corrections

154
Q

boot camps

A

militaristic training camp for offenders

155
Q

residential community housing

A

offenders are secured at night but released for work and treatment

156
Q

work-release program

A

offenders live in secure facility but leave for work purposes

157
Q

two basic types of community corrections conditions

A

general conditions: rules that all offenders are required to follow
special conditions: based on the nature and motivation of the crime and on the background characteristics of the offenders

158
Q

probation fees

A

offender pays to cover costs of services

159
Q

technical violation

A

occurs when rules of the probation contract are violated, for example, failing to submit a drug test, being late for curfew, failing to pay required restitution, or consuming alcohol or drugs

160
Q

legal violation

A

the commission of a new criminal act; handled on a case-by-case basis by the probation officer

161
Q

arm of the court

A

refers to the probation officer acting as the court’s fact finder

162
Q

role conflict

A

law enforcement and social work

163
Q

duties of probation officers

A

probation investigation and presentence report

164
Q

probation investigation

A

gathering positive and negative information on offenders’ lives and community ties

165
Q

presentence report

A

aggregation of facts gathered during investigation

166
Q

risk assessment

A

determination of offender’s propensity to harm themselves or others

167
Q

static risk predictors

A

unchangeable characteristics

168
Q

dynamic risk predictors

A

changeable characteristics

169
Q

remote alcohol detection (RAD)

A

bracelet that can detect ethanol excreted in perspiration

170
Q

eye scans

A

biometric technology used to determine drug/alcohol use or fatigue

171
Q

social media monitoring

A

probation officers can follow their caseloads

172
Q

interlock device

A

blow into the machine, won’t allow you to drive or start the car unless you blow 0.0%

173
Q

institutional corrections

A

facilities used to detain individuals in criminal justice system

174
Q

early america institutional corrections

A

jails served as holding pens

175
Q

institutional corrections changed in terms of __________, ___________, and ____________ of punishment

A

purpose, philosophy, and structure

176
Q

early america institutional corrections were based on

A

philosophy of lex talionis

177
Q

hanging

A

used in early days of the United States as penalty for worst offenses

178
Q

flogging

A

serious beatings or whippings

179
Q

mutilation

A

amputation of body parts to curtail a perpetrator’s ability to reoffend

180
Q

gossip’s bridle or scold’s helm

A

heavy iron device that covered an offender’s head

181
Q

branding

A

served as record to alert others of past offenses

182
Q

stocks

A

painful punishment generally administered with public humiliation

183
Q

pennsylvania system

A

a penitentiary system based on the guiding philosophy that isolation and silence are necessary for offender reflection, reformation, and rehabilitation. also known as the separate system (silent and lack of interpersonal interaction)

184
Q

auburn system

A

a style of incarceration based on reformation. individuals were housed separately and not allowed to communicate. during the day they worked and stayed in silence. also known as the congregate system (silent congregation)

185
Q

penitentiary

A

a correctional facility used to imprison criminal offenders

186
Q

contract system

A

prison officials sold the labor and services of inmates to private contractors

187
Q

correctional officers

A

people charged with managing inmates who are incarcerated

188
Q

the reformation movement

A

born during the 1870 meeting of national prison association

189
Q

declaration of principles

A

called for institutions focused on reformation and rejected notion punishment was the main goal

190
Q

Indiana Women’s Reformatory, 1873

A

first all-female maximum-security facility under Declaration of Principles

191
Q

solitary confinement (9)

A

type of imprisonment in which an inmate is physically, visually, and audibly confined.
- often overused and misused
- also referred to as “the hole”, SHU, and ad Seg
- usually kept in small cell 23 hours a day
- can be used as punishment or to protect inmate from self or others
- negative physical and psychological consequences
- more frequently used with black inmates
- educational bias
- LGBTQ+ inmates much more likely to be placed in solitary in prison setting

192
Q

jail

A

local facilities managed by cities and counties (used as holding cells for short sentences, usually not felonies)

193
Q

lockups

A

local facilities used to detain individuals for 24 to 48 hours

194
Q

contemporary prisons

A

prisons house convicted offenders serving sentences of 1+ year of felony offenses

195
Q

super-maximum prisons

A

also called supermax prisons, the most secure and restrictive of all prisons, which are (in theory) reserved for the most dangerous of offenders

196
Q

maximum-security prisons

A

the most secure facilities available in many states. most individuals incarcerated in maximum-security facilities have committed violent crimes such as murder, rape, child abuse, and human trafficking

197
Q

medium-security prisons

A

these facilities house individuals who have committed less serious crimes, such as theft and assault

198
Q

minimum security prisons

A

these facilities house mainly nonviolent, white-collar criminals who are thought to pose little or no physical risk to the members of the community

199
Q

corrections embrace the use of technology

A

telemedicine: provide medical care to inmates remotely
body-imaging scanners: detect contraband

200
Q

_________ responsible for safety and well-being of those it incarcerates and the public

A

state

201
Q

housing one inmate costs average of _________ annually in federal facility

A

$35,000

202
Q

Megan’s Law

A

public information of the sex offender registry, look up addresses, and see how close Megan’s law offenders live

203
Q

correctional officers and administrators face behavior and ethical issues

A

correctional officers take oath to protect and serve. officers may be tempted to introduce contraband

204
Q

total institutions

A

isolated, closed social system designed to control people

205
Q

prison argot

A

prison slang

206
Q

subcultures of prison

A

three models used to explain inmate subculture: deprivation, importation, and situational

207
Q

deprivation model

A

where prisons require inmates to adapt to being deprived of basic rights and needs

208
Q

importation model

A

experiences and socialization from outside world brought contribute to behavior

209
Q

situational model

A

emphasizes place, time, and person to understand behavior

210
Q

white collar criminals in prison

A

white collar criminals incarcerated with other types of criminal; white collar criminals may cope better in the transition to prison

211
Q

rioting

A

violence among inmates beyond control of prison staff

212
Q

parole

A

parole is conditional release from prisons, inmates must meet conditions established by parole board

213
Q

employment post incarceration

A

inmates often have problems finding work due to criminal history; requirements of successful reentry

214
Q

state is legally responsible for:

A

safety and medical care of inmates

215
Q

treatment of children before juvenile justice

A
  • during the 18th and 19th centuries in england, juveniles were treated with harsh punishment
  • children living on the streets engaged in petty crimes just to survive
216
Q

foundation of american juvenile justice system is in

A

english common law

217
Q

lawyer sir william blackstone

A

infants too young to understand their actions and consequences (late 1760s)

218
Q

development of a different system for juveniles (5)

A
  • 18th Century: children were treated like adults
  • 19th Century: U.S. juvenile justice system began to develop
  • child savers: advocates who fought to reform brutal juvenile system
  • 1899: true reform started with creation of juvenile courts
  • juvenile courts: designed specifically for juveniles
219
Q

parens patriae

A

in the best interest of the child; the philosophical basis for juvenile justice

220
Q

ex parte crouse (1838)

A

state has right and obligation to remove children from questionable households

221
Q

Kent v United States (1966)

A

established procedural safeguards for juveniles charged with serious offenses.

222
Q

in re gault (1967)

A

altered adjudication process and established due process rights

223
Q

in re winship (1970)

A

changed standard of evidence for juvenile courts

224
Q

McKeiver v. Pennsylvania (1971)

A

juveniles not guaranteed right to jury trial (cannot have a jury of their peers because juveniles cannot serve on a jury)

225
Q

Roper v. Simmons (2005)

A

execution for crimes committed as a minor was an eighth amendment violation

226
Q

graham v. florida (2010)

A

eliminated sentences of life without parole for non homicide cases for juveniles

227
Q

miller v. alabama (2012)

A

eliminated mandatory sentences of life without parole for juveniles

228
Q

montgomery v. louisiana (2016)

A

SCOTUS decided that miller v. alabama must be applied retroactively, affecting more than 2,300 cases in the U.S. – individuals who received life sentences without parole as juveniles had to be resentenced or considered for parole

229
Q

the contemporary juvenile justice system (4)

A
  • youthful offenders usually 17 years or younger
  • states with different ages
  • juvenile courts may supervise young adults until 20-24
  • lack of consensus apparent across jurisdictions
230
Q

delinquency

A

illegal actions by a youthful offender

231
Q

status offenses

A

apply only to juveniles, such as smoking or curfew violations

232
Q

juvenile justice and delinquency prevention act

A

1974 law that was designed to prevent delinquency

233
Q

racial disparities: violence and arrests - juveniles (4)

A
  • minorities represent disproportionate number of juvenile arrest
  • law enforcement detection efforts focus on minority neighborhood
  • violent crimes committed by juveniles has decreased
  • reasons for disparities in arrest rates for violent crimes
234
Q

police role in the juvenile justice system (6)

A
  • usually first point of contact with CJS
  • juveniles present many challenges
  • loco parentis: actions taken in place of parents when dealing with juveniles
  • for minor violations, juveniles are typically taken to a police station and released to parents
  • factors in the relationship between officers and juveniles
  • efforts to build bridges between police and juveniles
235
Q

court role in the juvenile justice system (4)

A
  • juvenile justice process roughly mirrors the adult system but takes more informal path
  • diversion: decision to keep low-risk youth offenders from entering more formal processing
  • intake: first step in the JJS
  • intake outcomes: detention hearing (prosecutorial decisions to transfer a juvenile case to adult court) and adjudication (hearing to ensure that juvenile’s due process rights have not been violated)
236
Q

disposition hearing

A

judge decides best placement of delinquent. available dispositions: probation, boot camps, restorative justice, graduated sanctions

237
Q

victims in JJS

A

victims of juvenile delinquency afforded most or all rights afforded to victims of adults. statutes include language requiring parents of delinquent to pay restitution

238
Q

terrorism

A

completed or threatened use of coercion/violence against a population

239
Q

international terrorism

A

occurs outside the United States

240
Q

domestic terrorism

A

occurs within the United States

241
Q

FBI’s three elements of terrorism

A

(1) must violate federal/state law and involve violent acts
(2) purpose must be to intimidate or coerce population/government
(3) transcend national boundaries (mostly for international)

242
Q

homeland security act of 2002

A

made department of homeland security (DHS) a cabinet-level department

243
Q

terrorism and the criminal trial

A

domestic terrorists tried in federal courts

244
Q

domestic human and sex trafficking

A

human trafficking has long history in the united states

245
Q

human trafficking

A

trade in humans for labor and/or sex and/or extraction of organs and tissues

246
Q

hate crimes

A

crimes committed targeting victims and/or their property due to their perceived membership in a group. person convicted of a hate crime often subject to harsher punishment. establishing a hate crime can be difficult. have to prove the motive

247
Q

civil rights act of 1871

A

federal protection to fourteenth amendment rights

248
Q

matthew shepard and james byrd jr. hate crimes prevention act

A

federal legislation that expanded earlier federal hate crime laws

249
Q

forms of forensic analysis occurs

A

fingerprints, DNA analysis, AFIS system

250
Q

CSI effect

A

distorted understanding of the role of forensic science; result of way forensic science portrayed in media. results in misconceptions and misunderstandings

251
Q

bail bondsman

A

a person who pays the bail amount for a criminal defendant who cannot afford it themselves; the defendant then owes the bondsman money rather than the government

252
Q

sir robert peel

A

established london metropolitan police force; father of modern policing (england)

253
Q

retribution

A

a goal of law that states that punishment is deserved or morally right. in addition, it is a goal of sentencing that seeks to punish the offender for criminal behavior

254
Q

recidivism

A

a measure that identifies relapse into criminal offending behavior

255
Q

rehabilitation

A

sentencing goal that seeks to reduce chances of future offending through education, drug programs, psychological programs, and other treatment

256
Q

restitution

A

repayment as part of a punishment for injury or loss

257
Q

restoration

A

sentencing goal that addresses the harm done to victims, family and friends of victims, and the community

criminal justice (3 decks)

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