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CRJ 101 > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

3 Key areas of the criminal justice system

A

Police, courts, corrections

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2
Q

Moral view vs. legal view of crime

A

Moral view - crimes are behaviors that are wrong

Legal view - code of criminal laws that lists behaviors that you should not do

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3
Q

What is mala in se

What is mala prohibita?

A

Mala in se - bad or evil in itself

Mala prohibita - crimes that are bad because they are prohibited

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4
Q

What is the difference between a felony and misdemeanor?

A

Felonies are the more serious of the two, and are punishable by a year of incarceration. While a misdemeanor is punishable by less than a year.

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5
Q

Public Order Crimes

A

Crimes and offenses that may not be traditional but rather debated, disturbs the peace in society

Ex. Vandalism

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6
Q

Property Crimes

A

Crimes against physical and cyber properties

Ex. Arson

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7
Q

Victimless crimes

A

Crimes that doesn’t harm someone

Ex. Usage of drugs, prostitution, gambling

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8
Q

Political Crimes

A

Crimes committed to or by the government

Ex. Genocide, “the crime of all crimes”

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9
Q

Occupational crimes

A

Referred to as “white collar” crime, committed by a company, organization, corporation, and those within the sphere

(Are often financial in nature)

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10
Q

Organized crime

A

Crimes that are committed by criminal groups, refers to the manner of the act committed rather than the individual at hand, or the crime itself

Ex. Smuggling drugs

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11
Q

Transnational crime

A

Crimes that cross borders, often committed with organized crime

Ex. Human trafficking

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12
Q

Cybercrime

A

Crimes committed on the Internet, cyberspace, and over the web

Ex. Money being stolen without physical contact with the victim

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13
Q

Cybercrime

A

Crimes committed on the Internet, cyberspace, and over the web

Ex. Money being stolen without physical contact with the victim

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14
Q

Uniform Crime Report (UCR)

A

Annual FBI publication of official statistics of crime recorded by police

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15
Q

National incident-based reporting system (NIBRS)

A

A unit-record reporting system in which each local law enforcement agency reports on each individual crime incident and on each individual arrest

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16
Q

What is the difference between UCR and NIBRS?

A

UCR reports attempted crimes as completed, NIBRS includes a designation of attempted or completed.

NIBRS also provides more specified information than UCR.

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17
Q

What is the difference between burglary and larceny?

A

Burglary is intent of theft with force, while larceny-theft is like stealing gum from the grocery store.

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18
Q

Dark Figure of Crime

A

When crime is under reported or not reported

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19
Q

Classical Criminology

A

Led by Cesare Becvaria

Age of Enlightenment.

Crime as product of choice.

Used logic and reason, rather than favoritism.

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20
Q

Positivist Criminology

A

Led by Cesare Lombroso

Truth through application of the scientific method

Crime was a product of biology, believed people were born with criminal traits— biological explanations for crime

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21
Q

Psychological Explanations of Crime

A

Anti-social personality disorder, psychopathy, etc.

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22
Q

Social Disorganization Theory

A

Cities growing at a fast pace, leading to many different people living in conditions that bred crime

Crime and poverty correlation

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23
Q

Strain / Anomie Theory

A

Focus on poverty

People unable to achieve specific goals seek out crime as a shortcut to success

Called Strain theory due to the strain and stress of the situation

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24
Q

Differential Association Theory

A

Focus on learning

Crime is taught

Different people who we associate with teach us different things

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25
Control Theory
Focuses on things that inhibit crime Crimes are pleasurable and are shortcuts to success Good relationships, jobs, and academics prevents individuals from engaging in crime
26
Life Course Theory
Focuses on life changes The older you get the less likely you are to get into criminal behavior Teenagers have a "Devil May Care" attitude
27
Labeling Theory
Focus on stigma Those labeled as a criminal will act and become criminals Criminal record makes it difficult to get housing and employment
28
Critical Theories
Focus on power differentials in society Includes Marxist, feminist theory, etc.
29
Victimization Surveys
National Crime Victimization Survey (NCVS) More like a face-to-face interview
30
Self-Report Surveys
Information about the offenders of the crime Focuses on crimes committed by younger people
31
National Crime Victimization Survey (NCVS)
Includes : rape, robbery, assault, larceny, burglary, personal theft, motor vehicle theft Does not include : murder, human trafficking, white collar crimes, drug use Allows a glimpse at the dark figures of crimes, but data is not accurate
32
Criminology
The body of knowledge regarding crime as a social phenomenon. It includes within its scope the making of laws, breaking of laws, and of reacting toward the breaking of laws.
33
Goals of the Criminal Justice System
Doing justice Controlling crime Preventing crime
34
Federalism
The system of government where power is divided between the central (federal) government, and other branches of power that are the (state) government
35
How does Federalism affect the CJ system?
The constitution does not give the federal government specific powers according to crime The powers are left to the state, localized law enforcement
36
Cooperation
Plea bargaining, prosecution, and defense work together for a speedy service to avoid the cost of trial Interdependent--- police, courts, and corrections all have to work together to create punishment for criminals and ensure justice is delivered
37
Discretion
The power to make a decision based on your best judgement Police use discretion when there is not an exact interpretation of the law
38
Resource Dependence
Rely on government agencies to provide money Can lead to abuse of power
39
Sequential Tasks
The criminal justice system is like a conveyor belt, you cannot skip any sequence
40
Filtering
Not every case that enters the system will enter all stages of the conveyor belt
41
3 main areas of criminal justice
Police, Courts, and Corrections
42
13 steps of the CJ process
1. investigations 2. arrest 3. booking 4. charging 5. initial appearance 6. preliminary hearing / grand jury 7. indictment 8. arraignment 9. trial 10. sentencing 11. appeal 12. corrections 13. release
43
CJ wedding cake model
1. celebrated cases 2. serious felonies 3. lesser felonies 4. misdemeanors
44
Equal protection clause
Everyone has equal protection under the law 14th amendment
45
What is the difference between disparity and discrimination?
Disparity occurs when there is a justified or legitimate reason, while discrimination is unequal treatment without a legitimate reason
46
Theoretical explanations for disparities
1. people of color commit more crimes 2. the cj system is racist 3. the cj system reflects the racism in society
47
Substantive Laws
Defines what actions the government can punish Generally created by legislative bodies
48
Procedural Law
Defines the rules in enforcing the law The rules that the system must follow as they enforce the substantive law
49
What is the difference between criminal laws and civil laws?
Criminal laws relate to actions that the state wanted to deter, while civil refers to laws that regulate business transactions (private business, lawsuits, etc.) Punishment for criminal laws = jail time Punishment for civil laws = payout (money) to the winner
50
Early civilization laws
sumerian laws, code of hammurabi
51
Common law
Based on precedents English common laws gave more power to judges Judges establish precedent
52
Written Law
Constitutions, statutes, court decisions, administrative regulations
53
7 Principles of Substantive Criminal Law
1. legality 2. actus reus 3. causation 4. harm 5. concurrence 6. mens rea 7. punishment
54
Actus Reus
A guilty act "reus" meaning guilty In order for there to be a crime, an action must have physically occurred
55
Mens Rea
Motivation and intent for crime "rea" meaning guilty "mens" meaning mind
56
Burglary
1. If they enter a building or occupied structure (that they're not supposed to be in) 2. The intent to commit a crime 3. Premises are not open to the public, or the person is not permitted to enter
57
Justification Defenses
Self defense & Necessity
58
Excuse Defenses
1. Duress (coercion) 2. Entrapment 3. Infancy 4. Mistake of fact 5. Intoxication 6. Insanity
59
Procedural Criminal Law
Procedural due process prevents mob rule Everything the CJ system does should be regulated by guidelines, doing its due diligence, and respecting the equality of all persons
60
4th Amendment
Protects against unreasonable searches, seizures, and arrests Unless there is reasonable suspicion and probable cause
61
Plain view search
No warrant needed, if they can see illegal possessions, they can search your car
62
Exigent circumstances search
Police can search based on concern for public safety, warrant not needed
63
5th Amendment
Grand jury Double jeopardy Protect against self-incrimination Miranda rights
64
6th Amendment
Speedy and public trial Impartial Jury Right to counsel Gideon vs. Wainwright
65
8th Amendment
Prevents excessive bails, protects from cruel and unusual punishment But does not guarantee bail
66
Exclusionary Rule
If evidence is obtained illegally, it must be excluded from trial
67
Exception Rule
Exception if someone made an honest to goodness mistake or Inevitable discovery of evidence
68
3 major aspects of American policing that evolved from the English legal tradition
1. Limited authority 2. Local control 3. Fragmented organization
69
Franklin Pledge System
Communities with families grouped in 10s who would keep watch over the community In case of fire, lighting street lamps, etc.
70
Constable
Night watchman
71
Sir Robert Peel
Father of modern policing In 1829, convinced Parliament to create the london police force Believed that police should defend against crime with the least force possible Police have to keep a low profile and maintain peace
72
During the colonial era and early republic, what was the difference between the North and South in terms of policing?
North - Night watchmen, informal inspiration of the English System South - the institution of slavery such as Slave Patrols, considered the "american" form of policing
73
The political era : 1840-1920
Established the first police force in NYC Foot patrol, helping citizens, and wearing specialized uniforms Only government agency Ties between police and political leaders Opened doors to corruption
74
Professional Modern Era : 1920-1970
Educated middle class wanted the government to protect and helped the less fortunate August Wulmer, chief of police, created the professional model Police were well trained, well discipline, treated citizens with respect Modernization of police allowed for the existence of early forensics
75
The Community-Policing Era : 1970-Present
Distrust of government extended to distrust of the police Two forms of policing rose : "Broken Windows Policing" and "Community Oriented Policing (COP)"
76
Broken Window Policing
Police should address issues that made people feel unsafe, such as homelessness Disorder in community leads to people feeling unsafe
77
Community Orientated Policing (COP)
Community gets a say to what gets policed Police get to know citizens of the community to meet the needs of it Effective model used today
78
What is the difference between state and county police agencies?
State agency - each state has it's own police force that is based on the population County agency - often called sheriff departments, made for small populations and may need state resources
79
Police Knowledge and Skills
Laws and procedures Handling weapons Social relations De-escalation
80
Police Working Personality
1. Threat of Danger 2. Need to establish and maintain authority Leading to tense work-life balance
81
Police Isolation
Many officers view the public as dangerous and hostile "Us vs. Them" Closeness to police subculture, leading to empathy between police officers "Blue Code of Silence"
82
4 kinds of stress police deal with
1. External 2. Organizational 3. Personal 4. Operational
83
How are the police set up like a bureaucracy?
Division of labor Chain and unity of command Rules and procedures Operational units
84
Police Functions
1. Order maintenance 2. Law enforcement 3. Service
85
Styles of policing
1. Watchman style 2. Legalistic style 3. Service style
86
Watchman Style
Emphasize order of maintenance, focusing on disorderly conduct Not good for high crime areas, made for in-between communities
87
Legalistic Style
Focus is on law enforcement, operates in areas of high crime Toughest style that alienates community Combat drug trade, organized crime, traffic tickets, and certain amount of misdemeanors
88
Service Style
Relates to the service function, police cares for the community Seen as community service works found in areas of low crime
89
How do police use discretion?
When there is not an exact law that can be applied to the situation, police use discretion to enforce the laws how they see fit Can either improve police community relations or leads to favoritism and corruption
90
What factors play into police decision-making?
Some situations give police more leeway (discretion) than others The relationship with the people that the police are dealing with People's race, age, gender, and class Departmental Policy, guides overarching policing ability
91
How do police respond?
Reactive policing - they react to crime after it has occurred Proactive policing - preventing crime by taking action before it happens ex. stop and frisk
92
Police 3 main duties
1. Answering calls for help 2. Maintaining a police presence 3. Probing suspicious circumstances
93
Process of apprehending a suspect?
1. Detection of a crime 2. Preliminary investigation 3. Follow-Up investigation 4. (And possible) Clearance and arrest
94
Does clearance lead to conviction?
No, clearance doesn't always lead to conviction Case is not truly cleared and may be revisited at a later time Sometimes leading to cold cases
95
What kinds of special operations are there for the police?
Juveniles Traffic Vice Drug enforcement
96
How are vice and drug enforcement similar? How are they different?
Vice and drug enforcement are similar as they may require undercover work and sting operations. Both tend to lead to corruption due to the lack of transparency. Vice is policing crimes that are seen as "victimless crimes" while drug enforcement

CRJ 101 (1 decks)

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