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final exam Flashcards

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1
Q

Three components of the criminal justice system

A

Policing
Courts
Corrections

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2
Q

Due process and crime control

A

a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts
emphasizes the standardized, expeditious processing of defendants through the court system and the uniform punishment of offenders according to the severity of their crimes

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3
Q

Exclusionary rule

A

prevents the government from using most evidence gathered in violation of the United States Constitution

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4
Q

What is a misdemeanor?

A

Is less severe than a felony, but more severe than an infraction. The likely most severe penalty is less than one year in jail.

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5
Q

What is a felony?

A

Is the most serious of crimes and could result in jail or prison and/or the greatest penalty, death.

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6
Q

What is an infraction?

A

Is the least severe of the crime classifications. This is a ticketable offense and not likely serve time in jail

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7
Q

Definition of Crime?

A

An act or omission that is prohibited by law and has an associated punishment.

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8
Q

Definition of Norms?

A

the established rules and expectations that govern behavior within a group or society.

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9
Q

Consensus Model?

A

The idea that when a group comes together to form a
society, they will have mutually shared values and norms and will come to a consensus about what is a crime.

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10
Q

What is plea bargaining?

A

A negotiated agreement between the prosecution and the defendant where
the defendant agrees to plead guilty to a lesser crime than that originally charged, or to a lesser
sentence than can normally be expected if the case goes to trial.

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11
Q

What is a hung jury?

A

when the jury cannot reach the required unanimous or majority decision

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12
Q

Know the steps of the criminal trial?

A

opening statements - prosecution and defense
presentation of evidence - witness, testimony, lay witness, expert witness, direct examination, cross-examination
closing arguments
judge charges jury
deliberation
verdict
sentencing hearing - pre-sentence investigation

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13
Q

Know what NIBRS and UCR are?

Part 1 offenses

Part 2 offenses

A

part 1 - murder, rape, robbery
part 2 - burglury, theft, arson

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14
Q

What is the dark figure of crime?

A

Crimes not known to the police

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15
Q

Understand self-report surveys and crime victim surveys.

A

Self-report surveys focus on individuals’ own accounts of their involvement in criminal activities, while crime victimization surveys focus on individuals’ experiences as victims of crime.

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16
Q

What is a factor that directly precipitates criminal offenses?

A

causes

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17
Q

In module 2 we looked at several different theories. Go back through those.

A

Biological Theories
Psychological Theories
Sociological Theories

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18
Q

What were slave patrols?

A

Regulatory groups in the South in the Colonial Era focused on regulating the activities of slaves.
Later became police officers

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19
Q

What is corruption?

A

Misuse of public officials for private gain

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20
Q

What is a posse?

A

A group of residents temporarily enlisted by law enforcement agencies to assist in law enforcement functions

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21
Q

Oldest federal law enforcement agency?

22
Q

Mapp vs. Ohio

Study These Flashcards
A

evidence against her could not be used because it was obtained without a warrant and therefore in violation of the Fourth and Fourteenth Amendments

23
Q

Escobedo vs. Illinois

Study These Flashcards
A

the court ruled that a suspect has the right to have an attorney present during police interrogations, specifically when the investigation has “focused” on that suspect and they are being questioned

24
Q

Graham vs. Connor

Study These Flashcards
A

the Supreme Court established that claims of excessive force by law enforcement are analyzed under the Fourth Amendment and its “objective reasonableness” standard

24
Terry vs. Ohio
Search and seizure
25
Use of force continuum
a guideline that law enforcement officers use to determine the appropriate level of force in various situations
26
What is the social contract?
an agreement between people of a society to abide by laws and accept punishment (if you live in a society, you agree to follow the rules)
27
Styles of policing from module 3.
Watchman Style: order maintenance, use discretion, informal intervention. 2. Legalistic Style: Strict enforcement of the letter of the law, May take hands-off approach 3. Service Style: Focus on meeting needs of community, Emphasize helping over strict enforcement, more likely to use community resources
28
Steps in a criminal investigation?
first responder crime scene preliminary investigation
29
What are statutes?
A law passed by a legislature.
30
What is discretion?
The freedom of a criminal justice agent to decide what should be done in a particular situation based on professional judgmen
31
What is civil law?
A wrongful act between parties. Regulates the relationships between private parties, government agencies, and businesses.
31
What is case law?
Is judicial precedent that courts use as guide for future decision making.
32
Understand English common law.
Basis of today’s criminal law. Not written down in form of statutes, but through usage and customs
33
Actus Rea and Mens Rea.
actus rea - An act in violation of criminal law. voluntary and an illegal act mens rea - The state of mind at the time of a criminal act.
34
Types of Defenses from Module 5
concent defense of others self-defense
35
Insanity defenses from Module 5
excuse duress mistake provocation insanity
36
Marbury vs. Madison and judicial review.
First Supreme Court Case dealing with the concept of Judicial Review -- the power of federal courts to void acts of Congress in conflict with the Constitution.
37
Know the terminology for the people who are in the courtroom during a criminal trial.
judge, prosecutor, defense attorney, defendant, jurors, witnesses, and court staff (like the bailiff and clerk).
38
Gideon vs. Wainwright
the Court ruled that states are required to provide legal counsel to criminal defendants who cannot afford an attorney, a right previously only guaranteed in federal cases.
39
The Latin word for the jury selection process.
Voir dire
40
Stages of the criminal trial. 
investigation, charging, initial hearing/arraignment, discovery, plea bargaining, preliminary hearing, pre-trial motions, trial, post-trial motions, sentencing, and appeal
41
Theories/Justifications for punishment.
retribution, deterrence, rehabilitation, and incapacitation
42
What is probation?
a period of supervised release in the community, granted by a court to a convicted offender as an alternative to incarceration
43
What is restorative justice?
a system that focuses on repairing harm caused by criminal behavior, emphasizing rehabilitation and reconciliation between offenders and victims
44
Types of probation?
straight probation (offender sentenced directly to probation), suspended sentence probation (a prison sentence is suspended on the condition of successful probation), split sentence probation (offender serves time in prison before being released to probation), shock probation (offender is released from prison after a short period and placed on probation), and residential probation (offender lives in a supervised residential facility)
45
What is restitution?
Payment from the defendant (offender) to the victim of crime
46
What is an aggravating circumstance?
a factor that increases the severity of a crime, leading to a harsher punishment
47
Determinate vs. indeterminate sentencing?
determinate sentencing sets a fixed prison term with potential reductions for good behavior or earned time, while indeterminate sentencing provides a range of possible sentences with a minimum and maximum, allowing for release based on rehabilitation or good behavior
48
Types of execution
lethal injection, electrocution, lethal gas, hanging, and firing squad
49
Mandatory minimum sentencing
laws that mandate a minimum prison sentence for certain crimes, regardless of individual circumstances or the judge's discretion

criminal justice (1 decks)

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