Exam 3 cards Flashcards
(135 cards)
1
Q
The set of informal values which characterize the police force as a distinct community with a common identity
A
Police Subculture
2
Q
4 aspects of police subculture
A
- ) Informalization
- ) Ongoing
- ) May emphasize a different set of values compared to mainstream society
- ) Often extends to personal lives
3
Q
The abuse of police authority for personal or organizational gain
A
Police Corruption
4
Q
Police corruption is behavioral _______ from an acceptable ethical standard
A
deviation
5
Q
What perspective is police corruption viewed in?
A
Slippery slope perspective
6
Q
Kerner Commission
A
Made findings about how African American’s were underrepresented and there was a discrepancy in pay, lack of professionalism
7
Q
Knapp Commissions in the NYCPD 1970s looked at…
A
Corruption
8
Q
Accept bribes or goods in exchange for not issuing tickets, making arrests, etc
A
Grass eaters
9
Q
Grass eaters do not ____ but don’t ______ offer
A
Initiate, refuse
10
Q
1.) Free meals, items from stores2.) Two officers uses of force3.) Body shop4.) Diamond watchThese scenarios are examples of…
A
4 situations that officers were presented with and asked which form of misconduct they would be most okay with reporting
11
Q
Solicit bribes or take a share of the drugs they confiscate to sell for their own profit
A
Meat eaters
12
Q
Meat eaters _____ activity
A
Initiate
13
Q
What was the response to the issues of police corruption?
A
Increased police professionalism
14
Q
What 5 areas are addressed when it comes to dealing with increasing police professionalism?
A
- ) Hiring
- ) Increased pay
- ) Ethics training
- ) Continuing education
- ) Drug testing
15
Q
The branch of a police organization tasked with investigating charges of wrongdoing involving members of the department
A
Internal affairs
16
Q
Garrity Rights
A
When a police officer is forced to talk about an administrative issue not a criminal matter
17
Q
Police department bureau internally conducts the investigation into…
A
The allegations of wrongdoing
18
Q
True/FalseWhen necessary an outside agency can conduct the inquiry
A
TRUE
19
Q
Protections that officers have against self-incrimination in the face of questioning
A
Officer’s Garrity rights
20
Q
The purpose of the Garrity rights is to…
A
Protect officers themselves when being questioned by representatives of their department’s internal affairs division or by their superior officers
21
Q
4 Main dangers of police work
A
- ) Police and alcohol
- ) Police and family problems
- ) Police and suicide
- ) Dealing with the stress of policing
22
Q
1.) Exercise and diet2.) Meditation3.) Abdominal breathing4.) Music5.) Prayer6.) Peer supportAre all factors in…
A
Stress reduction
23
Q
The use of physical restraint by a police offer when dealing with a member of the public
A
Police use of force
24
Q
Police use of force needs to be ________ and ______
A
Reasonable necessary
25
5 Police use of force continuum
1. ) Officer presence
2. ) Verbal commands
3. ) Soft techniques
4. ) Hard techniques
5. ) Deadly force
26
Designed to disable, capture, or immobilize but not kill
Less-lethal weapons
27
Application of an amount and/or frequency of force greater than required to compel compliance from a willing/unwilling subject
Excessive force
28
Force likely to cause death or great bodily harm
Deadly force
29
Deadly force with the intentional use of a firearm or other instrument...
Resulting in a high probability of death
30
When police offers act on a person's race, ethnicity, or national origin instead of the person's actions or information that identifies the person as a suspect
Racial profiling
31
4 Police liability for constitutional violations
1. ) Civil remedies
2. ) Criminal remedies
3. ) Non-judicial remedies
4. ) Exclusionary rule remedies
32
Potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in lawsuit
Civil libabilty
33
2 levels of civil liability
1. ) Federal
| 2. ) State
34
Civil liability is different from....
Criminal liability
35
4 common sources of lawsuits against police
1. ) Assault
2. ) Battery
3. ) False imprisonment
4. ) Malicious prosecution
36
Which common lawsuit has...-High media visibility-Most well-known
Assault
37
Which common lawsuit has...-High media visibility
Battery
38
Which common lawsuit has.. -Arrest without just cause
False imprisonment
39
Which common lawsuit has...-Negligent or malicious actions
Malicious prosecution
40
Denies others their constitutional right to life, liberty or property without due process of law
1983 lawsuit
41
A civil suit brought against federal government officials for denying the constitutional rights of others
Bivens action
42
America has a ____ court system
Dual
43
The 2 components of our dual court system are...
1. ) Federal court system
| 2. ) Sate court system
44
The federal court system is made of what 3 courts?
1. ) Federal courts
2. ) U.S courts of appeal
3. ) U.S Supreme court
45
The state court system is composed of what 3 courts?
1. ) Trial courts
2. ) Appellate courts
3. ) State supreme court
46
The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constituion
Jurisdiction
47
The act in 1789...
Federal Judicial court act
48
Which state has their supreme court as their lowest (trail) court?
New York
49
The lawful authority of a court to hear or to act on a case from its beginning and to pass judgement on the law and the facts
Original Jurisdiction
50
The authority found in original jurisdiction may be over a ______ ________ area or over particular types of cases
Specific geographic
51
The lawful authority of a court to review a decision made by a lower court
Appellate jurisdiction
52
The court authorized by law to hear the final appeal on a matter
State appellate court
53
How many of the "highest appellate" courts does TX have?
2
54
What are the two "highest appellate" courts that TX has?
1 for criminal cases1 for civil cases
55
Informal hearing places designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court
Dispute resolution centers
56
A low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale
Community court
57
Community court emphasizes...
Problem solving rather than punishment
58
What 2 restorative principles do community courts build on?
1. ) Community service
| 2. ) Restitution
59
A low-level court that focuses on relatively minor offenses and handles special populations or addresses special issues such as reentry
Specialized court
60
#NAME?
U.S. district courts
61
Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies
U.S Court of appeals
62
Greatest authority lies in its capacity for judicial review of lower-court decisions and state and federal statutes
U.S. Supreme court
63
Issued to a lower court when the supreme court agrees to hear a case
Writ of certiorari
64
People that function in and out of court
1. ) Judge
2. ) Prosecution
3. ) Defense counsel
4. ) Bailiff
5. ) Clerk of court
6. ) Stenographer or court reporter
7. ) Expert witness
65
Who...-Ensures justice- Is elected or appointed public offcial
Judge
66
7 responsibilities of a judge
1. ) Ruling on most matters of the law
2. ) Weighing objections
3. ) Deciding the admissibility of evidence
4. ) Sentencing offenders
5. ) Disciplining disorderly courtroom attendees
6. ) Deciding guilt or innocence for bench trials
7. ) Role of sentencing guidelines
67
A trial that has no jury and the evidence and decision is determined by the judge only
Bench trial
68
These guidelines were quantify to put into range a possible sentencing
Sentencing guidelines
69
- Nominated by the president
| - Confirmed by the senate
Federal Judges
70
- Popular election
- Gubernatorial appointment
- Missouri plan
State judge
71
Hybrid between an election and jury process
Missouri Plan
72
An attorney whose official duty is to conduct criminal proceedings on behalf of the state of the people against those accused of having committed criminal offenses
Persecutor
73
Persecutor's responsibilties
#NAME?
74
Prosecutors have a lot of.....
Discretion
75
Generally must be present at their trials
Defendant
76
Defendants exercise choice in in what 6 areas
1. ) Selecting and retaining counsel
2. ) Planning a defense strategy with counsel
3. ) What information is provided to counsel
4. ) What plea to enter
5. ) Whether or not to testify
6. ) If convicted should they appeal
77
A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law
Defense counsel
78
When the defendants want to defend themselves, and file their own motions and appear without counsel
Pro Se defenses
79
1.) Assigned counsel2.) Public defender3.) Contractual arrangementsAre 3 different...
Ways to obtain representation
80
Eyewitness, character witness, or other person called on to testify who is not considered an expert
Lay witness
81
What do lay witnesses provide?
Accurate testimony concerning only those things of which he or she has direct knowledge
82
Requires that those who are just witnesses leave the courtroom to keep their testimonies pure
Invoking the rule
83
Offer services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law
Victim assistance programs
84
A statement read to the judge by the victim to convey how the crime impacted the victim personally for input
Impact statements
85
-1215 Magna Carta- Article 3 of the US Constitution- 6th Amendment guarantees the right to trials by impartial jurt in the US
Juries
86
A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law
Juror
87
Grand juries wear...
2 hats
88
What are the grand juries 2 hats?
Investigative and charging
89
Reason cases are not _____ in grand jury
Public
90
- First contact with an officer of the court
- Formal notice of charges
- Advised of rights
- Given opportunity to retain a lawyer or have one appointed & chance for bail w//o unnecessary delay
First appearance
91
During first appearance a person is given an opportunity to....
Retain a lawyer or to have one appointed
92
Promise to appear in court when required
Pretrial release
93
A proceeding before a judicial officer in which 3 matters must be decided
Preliminary hearing
94
Almost always conditions to...
Your release
95
You will always have _____ with _____ in federal courts
Bonds
| Condition
96
First appearance before the court with authority to try the case
Arraignment
97
What 2 purposes does an arraignment serve?
1. ) Inform suspect of specific charges
| 2. ) Allow defendant to enter a plea
98
What 3 pleas are there?
1. ) Guilty
2. ) Not guilty
3. ) Nolo contendere
99
True/FalseIn federal court charge must be issued in 30 days or it's invalid
TRUE
100
No contest
Nolo Contendere
101
Conditions of release =
Bail
102
1. ) Protecting the accused
| 2. ) Protecting society
Conditions of release
103
Bail serves what 2 purposes
1.) Helps ensure reappearance of the accused in court2.) Prevents unconvicted persons from suffering imprisonment unnecessarily
104
A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear
Bail bond
105
Defendants who pose a danger to the public may...
be detained until the time of their trial
106
Limit the right to bail on certain kinds of offenders
Danger laws
107
The process of negotiating an agreement among the defendant the prosecutor and the court as to an appropriate plea and associated sentence in a given case
Plea bargaining
108
The main purpose of the criminal trial is...
To determine defendant's innocence or guilt
109
Trials are built around the _______ system
Adversarial
110
The process in which both the prosecution and defense can use challenges to remove prospective jurors from the jury pool
Jury selection
111
3 ways to remove prospective jurors
1. ) Challenge to the array
2. ) Challenge for cause
3. ) Peremptory challenge
112
Meant to break up any grid lock
Dynamite charge
113
There was an ______ in spending monies for indigent defense during 1986-2008
Increase
114
The application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject
Excessive force
115
Which commission dealt with police corruption?
Knapp commission
116
An advisement of rights usually administered by state or local investigators to their employees who may be the subject of an internal investigation
Garrity warnings
117
Force likely to cause death or great bodily harm. "The intentional use of a firearm or other instrument resulting in a high probability"
Deadly force
118
Hierarchy of police misconduct from lowest to highest (5)
1. ) Gratuities
2. ) Minor or small bribes
3. ) Role malfeasance
4. ) Property crimes
5. ) Denial of civil rights
119
What percentage of the people's yearly contact with police is subject to some use of force by the police?
1.6%
120
Any police-initiated action that relies on the race, ethnicity or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being or having been engaged in criminal activity
Racial profiling
121
How many high courts does Texas have?
2
122
What 3 methods can defendants obtain defense counsel?
1. ) Private attorneys (retained counsel)
2. ) Court-appointed counsel
3. ) Public defenders
123
What 2 functions does the grand jury carry out?
1. ) Investigative functions
| 2. ) Accusatory functions
124
How many requests are there to the supreme court to hear cases a year?
5000
125
How many cases are usually heard a year by the supreme court?
200
126
3 ways for a state judge to be elected?
1. ) Popular election
2. ) Gubernational appointment
3. ) Missouri plan
127
Directly proves a fact such as videotaped documentation
Direct evidence
128
Indirect evidence which requires the judge or jury to make inferences and to draw conclusions
Circumstantial evidence
129
Consists of physical material or traces of physical activity
Real evidence
130
True/False
Community/restorative courts are common in Texas
False
131
The US uses a _____ court system
Dual
132
The dual court system includes what other 2 systems?
1. ) Federal
| 2. ) State
133
Pro Se Legal Representation
When the defendant decides to defend themselves
134
3 levels of state court
1. ) Trial courts
2. ) Appellate courts
3. ) State supreme court
135
What 3 matters are determined in a preliminary hearing?
1. ) Whether a crime was committed
2. ) Whether the crime occurred within the territorial jurisdiction of the court
3. ) Whether there are reasonable grounds to believe that the defendant committed the crim
