Exam 2 Flashcards
(110 cards)
1
Q
What are the three main silos in the criminal justice system?
A
Law Enforcement, Courts, and Corrections
These silos have clearly defined rules and responsibilities.
2
Q
What does the processing of individuals in the criminal justice system amount to?
A
A series of handoffs
Examples include: Police to Prosecutor/Courts and Prosecutor/Courts to Corrections.
3
Q
What is a primary issue in the criminal justice system related to accountability?
A
Lack of accountability and no one being responsible for public safety, crime prevention, and recidivism reduction
No single entity owns the big picture.
4
Q
How is the criminal justice system different from a business structure?
A
It has many parts that are independent of each other
Unlike a business, which typically has roles like CEO and CFO.
5
Q
What are the 3 main emphases in the administration of criminal justice?
A
Crime Control, Due Process, Behavioral Change/Diversion/Rehab
These three approaches reflect different philosophies regarding the function and priorities of the criminal justice system.
6
Q
What is another name for Crime Control?
A
Tough on Crime
7
Q
How long has Crime Control been around?
A
50 years
8
Q
What is the primary approach of Crime Control?
A
Punishment/control
9
Q
List the foundational concepts of Crime Control.
A
- Retribution
- Revenge
- Anger
- Accountability
- Justice
10
Q
What does ‘eye for an eye’ relate to in Crime Control?
A
Proportionality
11
Q
What is incapacitation in the context of Crime Control?
A
Preventing someone from committing crime
12
Q
What methods can incapacitation be achieved through?
A
- Incarceration
- Community supervision
13
Q
What percentage of the criminal population commits half of all crime?
A
15%
14
Q
What is the average prison sentence duration?
A
2 to 3 years
This means that pple are gound to prison over and over for little amounts of time when we look at the recividism rate
15
Q
What is the issue with incapacitation as a method of crime control?
A
It does not treat the root cause of the crime
16
Q
Define specific deterrence.
A
Deterrence for the individual receiving punishment to prevent reoffending
17
Q
Define general deterrence.
A
Deterring regular people from committing crime by highlighting consequences
18
Q
What conditions can make punishment an effective deterrent according to the tough on crime ppl?
its three short words
A
- Swift
- Certain
- Severe
19
Q
What does research show about deterrent effects in Crime Control?
A
There is no general deterrent or specific deterrent effect
20
Q
What emotional response is often associated with the idea of punishment in Crime Control?
A
Cathartic, emotional satisfaction/release
21
Q
What trend has been seen regarding prosecutors and victims?
A
Prosecutors consulting victims to see what they want
22
Q
What is due process?
A
The how we administer the crime control lawfully
Due process defines the rules regarding how the justice system lawfully conducts business.
23
Q
Where does due process originate?
A
Constitution and Bill of Rights, particularly the 4th, 5th, 6th, 8th, and 14th Amendments
Modified by the US Supreme Court.
24
Q
What is the Fourth Amendment?
A
The right of the people to be secure against unreasonable searches and seizures
Requires probable cause, supported by Oath or affirmation.
25
What is a search warrant?
Authorization by a judge specifying who and where is going to be searched and what the evidence is
## Footnote
Necessary for lawful searches unless exceptions apply.
26
What landmark case established the exclusionary rule?
Weeks v. US
| 4th amendment case
## Footnote
Evidence obtained from an unreasonable search cannot be used in trials.
27
# 4TH amendment case
What did Mapp v. Ohio establish?
The exclusionary rule applies to state and local governments
## Footnote
Expanded the application of the exclusionary rule beyond federal cases.
28
# 4th amendment case
What is the significance of U.S. v. Leon?
Relaxed the standards for what constitutes unreasonable searches under good faith
## Footnote
Evidence may not be excluded if police acted in good faith.
29
What is the Carroll Doctrine?
Allows warrantless searches of motor vehicles if there is probable cause
| 4th amendment case
## Footnote
Based on the risk of losing evidence as vehicles can leave quickly.
30
What does Terry v. Ohio allow?
Warrantless searches based on suspicion that individuals are armed and dangerous
| 4th amendment case
## Footnote
Allows for limited exterior pat down searches.
31
What did Minnesota v. Dickerson expand?
The scope of searches during lawful Terry searches to include any illegal items encountered
| 4th amendment case
## Footnote
Anything illegal found may be seized without a warrant.
32
What are consent searches?
Lawful warrantless searches conducted after voluntary consent is given
## Footnote
Consent must be given freely by the individual.
33
What is a plain view search?
A lawful warrantless search of items in plain sight
## Footnote
Officer must be in a location where they are permitted to be.
34
# 6th amendment
What is the significance of Gideon v. Wainwright?
Established the right to counsel for indigent defendants in felony cases
## Footnote
Expanded later to include misdemeanors if incarceration is possible.
35
# Made by the 5th and 6th amendment
What is custodial interrogation?
Questioning of a person who is in custody and not free to leave
## Footnote
Concerns arise regarding the voluntariness of statements made.
36
# 5th and 6th amendment
What did Escobedo v. Illinois establish?
Defense counsel must be present during custodial interrogation
## Footnote
Wove together the 5th Amendment right against self-incrimination and the 6th Amendment right to counsel.
37
# 5th and 6th amendment
What is the purpose of the Miranda warning?
To inform individuals of their rights during custodial interrogation
## Footnote
Ensures awareness of the right to remain silent and to have an attorney.
38
What drives perceptions of success in the context of arrests and convictions?
Perceptions of success will move things forward; perceiving lack of success will cause things to be pushed out.
39
How can the decision-making in law enforcement be thought of?
As a set of investments with police, prosecutors, judges, and others making them.
40
What do police focus on when making arrests?
Cases with a higher probability of success.
41
What is a key factor that influences the discretion of police, prosecutors, and judges?
The amount of evidence involved to make an arrest or conviction.
42
Fill in the blank: Discretion and perception of success are influenced by _______.
[evidence]
43
True or False: The perception of success does not impact the decisions made by law enforcement.
False
44
What outcomes do police aim for when they perceive a high probability of success?
Arrest
45
What outcomes do prosecutors aim for when they perceive a high probability of success?
Conviction
46
What do judges focus on in relation to their discretion?
Due process and moving cases without being overturned.
47
What two elements are necessary for a crime to occur?
Motivated offender and an appropriate opportunity
## Footnote
Opportunity includes factors like time, location, and visibility.
48
What factors contribute to creating an appropriate opportunity for a crime?
* Not being seen by people
* Not being seen by surveillance
* Getting out in time
* Going outside at night
## Footnote
These factors reduce the risk of detection during the commission of a crime.
49
What is the focus of resources in crime prevention?
Reducing criminal opportunity
## Footnote
This approach contrasts with the less emphasis placed on reducing criminal motivation.
50
What is target hardening?
Making targets less accessible for criminals
## Footnote
Example: a locked car door is harder to access than an unlocked car door.
51
Fill in the blank: Target hardening makes it ______ for criminals to access targets.
less easy
52
True or False: Criminal motivation is often prioritized over criminal opportunity in crime prevention.
False
## Footnote
More resources are allocated to addressing opportunity rather than motivation.
53
What are methods of reducing criminal opportunity?
Situational, Built Environment, Maintenance of Space/Disorder
## Footnote
Situational methods include lighting, access control, guardians, and surveillance. Built environment focuses on crime prevention through environmental design, such as street networks and building design. Maintenance involves managing disorder to deter crime.
54
What does situational crime prevention aim to do?
Translate into increased risk for an offender
## Footnote
This includes implementing measures like improved lighting and surveillance to make committing a crime less appealing.
55
What is the broken windows theory?
A criminal would assume that if the windows are broken, there are fewer cameras
## Footnote
This theory suggests that visible signs of disorder and neglect cause an increase in crime.
56
What is a common characteristic of parking garages in relation to crime?
They are one of the most victimized places
## Footnote
Parking garages often lack visibility and security measures, making them hotspots for criminal activity.
57
How are crimes most commonly known to the police?
By reporting
## Footnote
In some instances, police may witness crimes directly, particularly low-level misdemeanors.
58
What percentage of violent crimes are reported to the police?
40%
## Footnote
This indicates a significant level of under-reporting in violent crimes.
59
What is the reported percentage of property crimes known to police?
32%
## Footnote
This low reporting rate highlights a gap in crime awareness and reporting among the public.
60
What is the arrest rate for violent crimes known to police?
45%
## Footnote
This figure reflects the challenges police face in apprehending suspects in violent crime cases.
61
What is the arrest rate for property crimes known to police?
17%
## Footnote
This low rate suggests that property crime cases are often more difficult to solve.
62
Why are police more likely to chase violent crimes?
Greater safety risk
## Footnote
The immediate threat to public safety makes violent crimes a higher priority for law enforcement.
63
What type of evidence is typically more available in violent crimes?
Evidence from the defendant and victim knowing each other
## Footnote
This relationship can provide leads and context that assist in investigations.
64
What is the key driver to arrest? (Other than evidence
Severity
## Footnote
Quicker response and more investment in investigation are also important.
65
How does the timing of reporting affect the odds of arrest?
Crime in progress significantly increases odds of arrest
## Footnote
Crimes in process have more priority than completed crimes.
66
What type of crimes are the highest priorities for arrest?
Violent crimes in progress
67
What is a critical decision point for police?
Response to a 911 call
68
What role does discretion play in police decision making?
Discretion influences how police interpret situations
69
What factors can influence police interpretation of a situation?
Race, ethnicity, gender, and age
70
What is 'Cite and Release'?
A ticket system for class C misdemeanors
## Footnote
Basically what the title is
71
What is pre-arrest diversion?
Letting the person get mental health treatment first
72
True or False: Timing of reporting does not affect the odds of arrest.
False
73
What are the two main options for an arrest decision?
Custody and cite and release
## Footnote
Pre-arrest diversion is also a consideration in arrest decisions.
74
What are the potential dangers of transporting individuals to jail?
More dangerous than prisons due to high turnover of people
## Footnote
Increased risk of conflicts and safety issues.
75
What does jail screening evaluate?
Risk posed to inmates, staff, or themselves
## Footnote
Factors include gang affiliations and mental health.
76
What is the purpose of a bond interview?
To collect information about the person's finances
## Footnote
Conducted by pre-trial services.
77
What is jail diversion?
Diverting individuals to psychiatric facilities or alternative processing points
## Footnote
Includes pre-arrest diversion and other diversion methods.
78
What factors should be considered before going to jail?
Mental stability, drug abuse status, gang member status, level of crime/security
## Footnote
Often overlooked in decision-making processes.
79
What is included in an arrest report/incident report?
Details known about the case, who responded, when, where, why, and evidence secured
## Footnote
Establishes probable cause for the arrest.
80
What does the handoff to the prosecutor signify?
Arrest = Clearance for police
## Footnote
Indicates that the police have completed their initial investigation.
81
What does the prosecutor review in the arrest report?
Sufficient evidence for conviction, appropriate charges, procedural issues
## Footnote
Can lead to case dismissal if evidence is inadequate.
82
Fill in the blank: The level of security within a jail is referred to as the _______.
Custody level
83
True or False: Jail diversion occurs only after an individual has been arrested.
False
## Footnote
Pre-arrest diversion is one form of jail diversion.
84
What is the time limit for a suspect to appear in court for a preliminary hearing?
72 hours
## Footnote
A suspect can only be kept in jail for 72 hours without being charged and going in front of a magistrate.
85
Who makes the determination about a suspect's release or detention?
Judge or magistrate
## Footnote
The judge in a lower court is referred to as a magistrate.
86
What are two types of risks assessed during a preliminary hearing?
* Flight risk
* Public safety risk
87
What is a standardized risk assessment used for?
To help the judge make decisions based on additional factors (for bond)
## Footnote
Factors may include family ties and prior criminal history.
88
What are the possible outcomes of a preliminary hearing?
* Detain
* Release on bail
* Release on signature
* Release on supervision
89
Is it common to release a suspect on their signature?
No
## Footnote
It is unusual to release on signature, especially for bail.
90
What is often relied upon for pretrial detention?
Previous criminal history
## Footnote
There is often an over reliance on pretrial detention for those who have previously committed a crime.
91
How quickly are preliminary hearings often conducted?
In 3 or 4 minutes
92
What is a potential issue with decision-making regarding pretrial status?
Bad decision making can occur due to the discretion of judges
## Footnote
It is difficult to predict human behavior, and these decisions are made by judges, not psychologists.
93
What evidence exists regarding the reliance on detention?
Excessive reliance on detention is clear
## Footnote
Bail amounts are often set so high that individuals cannot afford to get out of jail.
94
What does evidence suggest about reducing pretrial detention?
It lowers reoffending
95
True or False: Evidence indicates that bail reduces flight or reoffending.
False
## Footnote
There is no evidence that bail reduces flight or reoffending.
96
Fill in the blank: High bail amounts often result in __________.
excessive reliance on detention
97
Charging for pretrial detention
Charging per day for pretrial detention adds a burden to individuals facing potential criminal charges.
## Footnote
This creates financial strain in addition to the legal challenges they are already experiencing.
98
When can dismissal of charges occur?
Dismissal can occur any time, mainly for reasons regarding evidence.
## Footnote
Some charges may be dismissed while others are kept.
99
Who typically initiates the dismissal of charges?
The prosecution usually initiates the dismissal of charges.
## Footnote
Judges can dismiss charges, but it is more common for the prosecution to do so.
100
At what time can diversion occur?
Diversion can occur anytime, including prearrest, jail diversion, before or after indictment, and before or after conviction.
## Footnote
It is primarily used for addressing underlying criminogenic circumstances like drug abuse or mental health issues.
101
What is the typical duration of treatment in diversion programs?
Treatment usually lasts 9 to 12 court months.
## Footnote
This duration applies to programs aimed at addressing the root causes of criminal behavior.
102
What percentage of capacity is typically met in Drug Courts?
5 to 10% of capacity is being met in Drug Courts.
## Footnote
This indicates a significant underutilization of these courts.
103
What is the process of indictment?
A formal process where a grand jury (or prosecutor) reviews the state’s evidence to determine probable cause.
## Footnote
This is not a litigious process; it is simply a presentation of evidence.
104
What happens if a 'True Bill' is issued?
A 'True Bill' results in formal charging, indicating the grand jury agrees with the evidence presented.
## Footnote
Statistically, once past indictment, there is a high likelihood of conviction.
105
What is the typical result of an indictment process?
95% of cases result in a 'True Bill'.
## Footnote
This statistic reflects the high rate of cases moving forward from indictment.
106
What occurs during an arraignment?
Formal hearing where charges are read, rights are read, and a plea is entered.
## Footnote
Pleas are usually guilty, with plea negotiations often solidified during this stage.
107
What percentage of arrests are carried forward?
85% of arrests are carried forward.
## Footnote
This indicates a high rate of cases proceeding through the legal system.
108
What percentage of cases end in plea bargain?
95% to 98% of cases result in a plea bargain.
## Footnote
This shows the prevalence of plea deals in the judicial process.
109
What percentage of cases that go to trial end in conviction?
75% to 80% of cases that go to trial end in conviction.
## Footnote
This highlights the strong likelihood of conviction for cases that proceed to trial.
110
What are silos definition wise in the criminal justice system
Processes/Systems
