Midterm Flashcards
(133 cards)
1
Q
regulating human interaction
A
what do laws do
2
Q
enforce moral beliefs
A
what do laws do
3
Q
define moral beliefs
A
what do laws do
4
Q
enhance predictability
A
what do laws do
5
Q
support the powerful
A
what do laws do
6
Q
sustain individual rights
A
what do laws do
7
Q
redressing wrongs
A
what do laws do
8
Q
identify wrongdoers
A
what do laws do
9
Q
where are laws found
A
statutory provisions and constitutional enactments, as well as 100 of years of court at all levels
10
Q
the written or codified law
A
what is stationary law
11
Q
the law on the books
A
what is stationary law
12
Q
as enacted by legislative action
A
what is stationary law
13
Q
the written form of criminal law
A
what is stationary law
14
Q
what is the penal code
A
the written form of criminal law
15
Q
interoperating statutory laws
A
courts interpretation, case law, and common law
16
Q
case law
A
results from judicial decision
17
Q
common law
A
the traditional body of unwritten historical precedents created from social customs, rules, and practices, which may be supported by judicial decisions
18
Q
rule of law
A
holds that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all its members
19
Q
jurisprudence
A
the philosophy and study of criminal law and application of it
20
Q
resonable suspicion
A
reasonable belief through anticable circumstances that criminal activity might be afoot
21
Q
criminal law
A
type of law
22
Q
civil law
A
type of law
23
Q
administrative law
A
type of law
24
Q
case law
A
type of law
25
procedural law
type of law
26
criminal law
the body of rules and regulations that define and specify the nature of, and punishments for, offenses of a public nature or wrongs committed against the state or society
27
crimes injure not just individuals, but society as a whole
criminal law
28
punishment for violators of ________ ________ is justified by the fact that the offender intended the harm and is responsible for it
criminal law
29
what is on type of written criminal law
substantive law
30
what is the other type of written criminal law
procedural law
31
substantive law
describes which acts constitute crimes and specific punishments for those acts
32
procedural law
specifies the rules that determine how those who are accused of crimes are to be treated by the judicial system
33
two types of written law
substantive and procedural law
34
civil law
governs relationships between and among people, businesses and other organizations, and agencies of government
35
tort
a violation of civil law
36
civil law is concerned more with _______ than intent
liability
37
there are two results of civil law which are ________ or a loss of money
injunction
38
administrative law
the body of regulations that governments create to control the activities of businesses, industry, and individuals
39
administrative law can overlap with ________ law
criminal
40
comes from judicial decisions
case law
41
referred to as the law of precedent
case law
42
under stare decisis, the courts recognize previous decisions and precedents to guide future deliberations
case law
43
operates along two dimensions, the vertical and the horizontal
case law
44
procedural law
type of statutory law that regulates the processing of an offender by the criminal justice system
45
general rules of evidence
procedural law
46
search and seizure
procedural law
47
procedures to be followed during and after an arrest
procedural law
48
balance suspects' rights against the state's interest in speedy and efficient case processing
procedural law
49
there are five general categories of crime violations, what are they?
felonies, misdemeanors, offenses (infractions), treason and espionage, and inchoate offenses
50
felonies
serious crimes that are punishable by a year or more in prison or by death
51
convicted ______ may lose certain privileges
felons
52
many states and the federal government use a number or letter scheme to differentiate among the varying degrees of severity of _______ _________
felony crimes
53
misdemeanor
less serious crimes that are punishable by up to a year in a local correctional facility
54
most ________ receive a fine and probation
misdemeanors
55
offenses (infractions)
violations of the criminal law, but specifically to refer to minor violations of the law that are less serious than misdemeanors
56
people committing _______ are usually given a ticket and released until court
infractions
57
treason and espionage
serious felonies
58
treason
a U.S. citizen's action to help a foreign government overthrow, make war against, or seriously injure the United States
59
espionage
gathering, transmitting, or losing information relating to national defense in such a manner that the information becomes available to enemies of the U.S. and may be used to their advantage
60
inchoate offenses
offenses not yet completed to which consists of an action or conduct that is a step toward the intended commission of another offense
61
what are the two general features of crimes
acus reus and mens rea
62
actus reus
the criminal act
63
mens rea
culpable mental state
64
the guilty act, there has to be an act, and thoughts alone are not sufficient to constitute a crime
acus reus
65
a guilty mind and refers to a person's mental state at the time the act was committed
mens rea
66
what are the four levels of mens rea
purposeful, knowing, reckless, and negligent
67
elements of a specific crime
specific legal aspects that the prosecution must prove beyond a reasonable doubt to obtain a conviction
68
corpus delicti
"body of a crime", a person cannot be charged for a crime without the criminal law being violated and a person being criminally responsible
69
there are four broad defenses to a criminal charge that shows the defense that they are not liable for the said criminal charge
alibi, justification, excuses, and procedural defenses
70
justification
admits committing the crime, but they have enough justification for their actions
71
self-defense, defense of others, defense of home and/or property, necessity, consent, and resisting unlawful arrest
justification
72
excuses
the defendants admit they did it, but they should not be held criminally accountable because of some personal condition or circumstantial at the time of the act
73
duress, age mistake, involuntary intoxication, provocation, insanity, diminished capacity, and mental incompetence
excuses
74
procedural defense
the defendant claims they were discriminated against in a process that would not properly follow in the investigation or prosecution
75
entrapment, double jeopardy, collateral estoppel, selected prosecution, denial of speedy trial, prosecutorial misconduct, and police fraud
procedural defense
76
much of early American policing was based on the ______ model
British
77
who is the father of modern police
Robert Peel
78
was uniformed, was structured along military lines, and became a model for police forces worldwide
london metropolitan police
79
early amerian law enforcement was based on England's experience yet unique to the reality of _________ and _________
-colonialism
-expansionism
80
what lands lacked established police forces that made so many settlers turn to vigilantism
frontier
81
1844
new york city police department started up
82
1855
boston city police department started up
83
the 20th century saw great ______ and _____ enforcement reform
-social
-law
84
1902
international association of chiefs of police was formed
85
1910
the first policewoman was hired in los angeles
86
1915
fraternal order of police (FOP) was established
87
1915 to 1925
cities employed policewomen
88
what three inventions impacted the police
telephone, automobiles, and radios
89
the ________ commission eventually recognized that prohibition was unenforceable and contributed to corruption
wickersham
90
the Kansas city experiment
tested the use of preventive patrol on crime rates and citizens' fear of crime
91
what did the Kansas City experiment reveal?
-crime rates were not impacted by a preventive patrol
-preventive patrol does not impact fear of crime
-directed patrol is a better way to productively use patrol officers
92
evidence based policing today
uses research into everyday police procedures to evaluate current practices and to guide officers and police executives in future decision making
93
evidence based policing has been called the signle "most _________ _________ for change" in policing today
most powerful
94
what are the three major legislative and jurisdictions that exist in American policing today
-federal
-federal bureau of investigation
-state level
95
federal agencies
federal law enforcement agencies are distributed among 14 U.S., government departments and 28 non departmental entities
96
federal bureau of investigation (FBI)
it was designed originally to help the federal government investigate political and business corruption
97
FBI also operates
-national computer crime squad (NCCS)
-combined DNA index system (CODIS)
-a criminal justice information services division
-full-scale crim laboratory
-national academy programs
98
FBI maintains
-counterterrorism division
-national threat warning system
-flying squads
-joint terrorism task force (JTTF)
99
state level agencies
most state police agencies were created in the late nineteenth or early twentieth century
100
what are the two models of state police agencies
-centralized
-decentralized
101
centralized state police agencies
-combien criminal investigation duties and state highway patrol
-assist local departments
-operate identification bureaus
-maintain a criminal records repository
-patrol highways
-provide trainign for local officers
102
decentralized state police agencies
-separates state highway patrol from other duties
-other duties performed by adjunct state-level law enforcement agencies
103
what are three varieties that local agencies encompass
-municipal departments
-sheriff's departments
-specialized groups, like campus police and transit police
104
key parts of municipal police departments
-city or town based
-any can create its own police department
-the majority have fewer than ten full-time officers
-many utilize part-time officers
105
private protective services
-privately funded, for-profit agencies
-provide a variety of security-related services to their clientele
-employ more people than public police
-find support in ASIS International programming
106
these occur with the growth of protective services
-increase in crimes in the workplace
-increase in fear of crime and terrorism
-fiscal crises of states
-increase in public and business awareness and use of more cost-effective private security products and services
107
private protective services integrate private and public security by
becoming more integrated with more of a cooperative crime-fighting potential
108
what are some aspects of the police mission
-enforce and support laws
-investigate crimes/apprehend offenders
-prevent crime
-ensure domestic peace and tranquility
-provide the community with enforcement related services
109
what are the five core operational strategies
-preventive patrol
-routine incident response
-emergency response
-criminal investigation
-problem solving
110
what is an aspect of ancillary operational strategy
supportive services
111
what are some supportive services
-dispatch
-training
-personnel
-property control
-record keeping
112
what are two types of police organization and structure
-line operations
-staff operations
113
line operations
field activities or supervisory activities directly related to day to day police work
114
staff operations
include support role, such as administration
115
chain of command is
a representation of authority and is structured by military standards
116
what are the three styles of policing
-watchman
-legalistic
-service
117
watchman style of policing
-in lower or lower-middle-class areas that have a lot of crime
-order maintenance
-controlling illegal and disruptive behavior
-considerable use of discretion
118
legalistic style of policing
committed to enforcing a zero tolerance policy
119
service style of policing
-strive to meet community needs
-concerned with helping rather than strictly enforcing the laws
-more likely to supplement law enforcement activities with community resources
120
Police community relations (PCR)
-movement began in the 1960s and 1970s
-movement recognizes the need for the police and the community to work together (neighborhood watch)
121
team policing
-an extension of the PCR movement
122
police become more familiar with the people of their districts and their problems and concerns through ________ __________
team policing
123
community policing as corporate strategy
some suggest that police departments operate like corporations, and that community policing is the newest strategy
124
community policing
-strategic policing
-problem solving
125
strategic policing
enlarges the enforcement target to include nontraditional kinds of criminals
126
problem-solving
takes the view that many crimes are caused by existing social conditions
127
community policing involves at least one of these four elements
-community-based crime prevention
-reorientation of patrol activities to emphasize nonemergency services
-increased police accountability to the public
-a decentralization of command, including greater use of civilians at all levels of police decision making
128
some criticize community policing, citing problems such as:
-too abstract of a concept
-hard to measure success
-difficult to conceptualize and quantify "citizen success"
-not readily accepted by all police officers or managers
-difficulty coming to a consensus regarding what is considered a "community problem"
129
discretion equals __________
choice
130
even as police agencies adapt to threats posed by terrorism, individual officers still retain a considerable amount of __________
discretion
131
a benefit of hiring educated police officers
better written reports
132
a problem with hiring an educated police officer
-more likely to leave police work
-more likely to question orders
-more likely to request else where
133
law enforcement agencies use a variety of applicant screening methods
-personal interviews
-basic skills test
-physical agility measures
-medical exams
-drug tests
-background investigations
-psychological testing
