Midterm Flashcards

Question

prosecutor

Answer 1

responsible for proving the crime happened & of charging the suspect

Answer 2

defendant brought before the judge (initial contact w/judge) -formally notified of charges & bail -advised of rights -judge decides if there is enough evidence to proceed

Answer 3

when a judge decides if there is probable cause that the accused committed the alleged crime

Answer 4

a jury decides whether there is enough evidence to file the indictment

Answer 5

Federal = judge State = judge or jury (always jury if maximum is >6 months)

Answer 6

if the preliminary hearing leads to an information, or the grand jury leads to an indictment

Answer 7

defendant is read the indictment/information -Pleads guilty or not guilty -Plea bargain can be agreed upon any time after this -90% of crimes stop here w/plea bargain

Answer 8

right to a speedy & public trial, by an impartial jury

Answer 9

oversees trial & ensures parties' rights are protected

Answer 10

Bench => judge determines guilt/innocence Jury => jury determines guilt/innocence

Answer 11

if a defendant is found guilty, they can ask a higher court to review the case to ensure no rights or legal norms were violated (if they were => new trial)

Answer 12

carrying out the judge's sentence

Answer 13

judge imposes punishment

Answer 14

allows the convict to serve their sentence while not in custody

Answer 15

custodial separation from society

Answer 16

released early from custodial sentence & allowed to serve the rest while not in custody

Answer 17

information/indictment, trial, sentencing, corrections

Answer 18

-Efficient case processing & punishment -Innocent may be found guilty -"Assembly line" -Goal to repress crime -Values efficiency -Process depends on police (administrative) -Major decision point by police/pretrial processes -Discretion is the basis of decision-making

Answer 19

-Doing justice by protecting individuals' rights -Some guilty may go free -"Obstacle course" -Goal to preserve individual rights -Values reliability -Process is adversarial (many people involved) -Major decision point in the court room -Law is the basis of decision-making

Answer 20

"no crime without law" => Criminal laws should be clear, specific, & non-arbitrary (& can't be retroactively applied to crimes)

Answer 21

Less serious than a felony. Typically punishable by fine or jail time up to 1 year. Class A => 6mo-1yr Class B => 30days-6mo Class C => 5-30days

Answer 22

Serious criminal offense. Typically punishable by more than 1 year (or even death sentence in some states). Murder, robbery, sexual assault, drug trafficking. Class A => Life/Death Class B => 25+ Class C => 10-25 years Class D => 5-10 years Class E => 1-5 years

Answer 23

punished by 5 days or less of imprisonment, or a fine

Answer 24

offenses against persons or property that are difficult to hide (street crimes) -Violent (homicide, rape, aggravated assault) -Property (shoplifting, burglary) -Public-order (vandalism, disorderly conduct)

Answer 25

committed through legal business opportunities (bribery, fraud, insider trading, tax fraud, embezzlement)

Answer 26

enterprise of illegal activity (gambling, sex trafficking, money laundering)

Answer 27

planning or execution crosses the borders of countries (sex trafficking, forced labor, drug trafficking)

Answer 28

willing exchange of illegal goods & services (drug sales, prostitution) -Those involved don't feel as though they are being harmed

Answer 29

crimes committed for ideological purposes (treason, espionage)

Answer 30

crime that involves the use of the internet (most/largest losses of $)

Answer 31

Uniform Crime Reports (UCR) -Annual report from FBI -Info from NIBRS National Incident-Based Reporting System (NIBRS) -Police reporting offense, offender data, & victim data -If not reported => Not included National Crime Victimization Survey (NCVS) -Created to mitigate unreported crimes -Interviews victims of reported & unreported crimes

Answer 32

study of the role & impact of crime on a victim

Answer 33

unequal distribution of crime & victimization based on victims demographics

Answer 34

crimes arise at times & places where there is a convergence of specific elements

Answer 35

costs => economic (incarceration, reparations), physical, emotional fear => limits freedom, less safe

Answer 36

criminal behavior is rational & the product of a cost benefit analysis offenders should always be held accountable & punished because the certainty, not the amount of penalty, is what prevents crime

Answer 37

"crimes are more effectually prevented by the certainty than the severity of punishment"

Answer 38

used science to study the body, mind, & environment social, biological, & psychological factors determine the criminal criminals are different than the other punishment specific to need of offender

Answer 39

criminals are at a more primitive state of evolution & they are born criminals

Answer 40

born criminals (physical traits or hereditary through disease)

Answer 41

exposed as racist & prejudice

Answer 42

crime is caused by unconscious forces & drives (Freud) Negative life experiences such as abuse, neglect, or trauma, can have a lasting impact on an individual's psychological well-being & increase their likelihood of engaging in criminal behavior

Answer 43

criminal behavior related to social class could construct a reality in which members are more likely to engage in crime (anyone can be a criminal offender)

Answer 44

criminal activity is learned

Answer 45

learned from interactions with others

Answer 46

social links keep society in line (church, family, peers) are broken or weakened

Answer 47

causes of criminal behavior are found not in the individual, but because persons are labeled as criminals by society (justice system creates lawbreakers)

Answer 48

laws & justice made by the powerful to control the weak & impose their morality on society

Answer 49

crimes due to conflict within society (marxist) those who are in power can use the law to enforce their own interests & are normally against the other classes

Answer 50

traditional theories focus on male criminality, but these focus on the ways in which gender influences the commission of crime, the responses of the criminal justice system to crime, & the experiences of women within the criminal justice system

Answer 51

identify factors that shape criminal activity over the lifetime of an individual try to identify key factors that positively & negatively affect their behavior do not correlate crime to one event, but a potential series of events & life choices

Answer 52

combine differing theoretical perspectives into larger model

Answer 53

governs business deals, contracts, real estate, & civil harm

Answer 54

substantive (defines actions the gov can punish) procedural (defines rules that govern how the law will be enforced)

Answer 55

the act the attendant circumstances the state of mind

Answer 56

act of crime not completed (attempted or conspiracy to commit something considered crime)

Answer 57

there must be an act (commission or ommission)

Answer 58

causal relationship between the act and the harm

Answer 59

harm to a legally protected value

Answer 60

intent & act are present at the same time

Answer 61

guilty state of mind (must have intent/not be an accident)

Answer 62

provision in the law calling for punishment (of the crime)

Answer 63

focus on the ACTION and whether they are socially acceptable under the circumstances

Answer 64

focuses on the PERSON and whether they can or can't be held responsible in the case

Answer 65

-Accident/Negligence -Self-defense -Necessity

Answer 66

-Duress/Coercion -Entrapment -Infancy -Mistake of Fact -Intoxication -Insanity

Answer 67

lack of intent

Answer 68

lack of criminal intent (ATTACK is key word) force to defend self cannot exceed the reasonable perception of the threat (proportionality)

Answer 69

can engage in (otherwise) criminal conduct if it was necessary to prevent harm to self or others

Answer 70

can engage in (otherwise) criminal conduct if it was necessary to prevent harm to self or others (HARM is key word) chose lesser of 2 evils in situation

Answer 71

-Faced with immediate threat of harm to self or others -Had no reasonable alternative -Harm they sought to prevent was greater than the harm caused by the act

Answer 72

committed the crime because they were forced to (moral or material coercion)

Answer 73

induced by police to commit the crime (different than police waiting for the crime to occur)

Answer 74

excuses crimes of children under age 7 (common law age)

Answer 75

mistake made in crucial fact (genuine belief would have made the action not a crime)

Answer 76

involuntary intoxication (defendant needs credible & sufficient evidence of intoxication to the extent they are unable to distinguish right from wrong)

Answer 77

mental illness prevented the accused from forming intent (many different tests)

Answer 78

approaches HOW the state must process cases (aren't always in the law) defined by courts through judicial rulings, and in the constitution)

Answer 79

Supreme Court added that states must provide lawyers to defendants (regardless of ability to pay)

Answer 80

supreme court decided that the due process clause requires prosecutors to disclose exculpatory evidence to the defense (no surprises)

Answer 81

supreme court decided that the due process clause requires that any fact that increases the maximum penalty for a crime BEYOND the statutory maximum MUST be submitted to a jury (not judge) & proven beyond a reasonable doubt

Answer 82

no state shall...deprive any person of life, liberty, or property, without DUE PROCESS OF LAW; nor deny any person within its jurisdiction the equal protection of the laws

Answer 83

-Protects against unreasonable search & seizure -Limits ability for police to detain persons w/o proper justification (warrants)

Answer 84

-Right to grand jury trial -Indictment by grand jury -Protection from self-incrimination -Protection from double jeopardy -Miranda Rights

Answer 85

never can be tried/convicted of the same crime twice (unless in other jurisdictions, such as state & federal)

Answer 86

remain silent, to a lawyer, everything you say can & will be used against you

Answer 87

-Right to an attorney (Gideon v. Wainwright) -Right to a quick & speedy trial -Right to an impartial jury

Answer 88

-No excessive bail or fines -No cruel or unusual punishment

Answer 89

Judge & prosecutor working together & giving tips. Judge now a senator & the prosecutor a congressman. In the case, they had a clear bias against the defendant & weren't supposed to be communicating privately.

Answer 90

-Limited authority (defined by law, specifically) -Local control (no national police) -Fragmented organization (many different officers & agencies)

Answer 91

northern watch system => night observers to warn of crime & fires southern slave patrols => citizens patrolled to catch & control slaves

Answer 92

-Local politicians & police were closely aligned -Police were hired who supported the politicians

Answer 93

-Formed after Civil War -Federal officers who were used to enforce federal law in the West

Answer 94

-Progressive concept -"The police have to get out of politics, and politics has to get out of the police" -Reducing political influence -Professional law enforcement officials to benefit all of society -New tech to solve crimes -Crime control focus -Lost ties to community

Answer 95

-Emphasizes close contact btwn police & community members -Modern police model in most cities -Community & service is main focus (rather than crime fighting) -Greater community communication = Police & community brought together to solve criminal behaviors -Federal gov. encouraged programs & awarded hundreds of millions to local police departments for community policing programs

Answer 96

investigates all federal crimes not placed under the jurisdiction of other agencies (terrorist attacks, foreign intelligence, espionage, cyber attacks, civil rights, police corruption, etc)

Answer 97

investigated the importation, sale, & trafficking of drugs

Answer 98

violations of tax law

Answer 99

investigates untaxed tobacco, firearm sales, firearm dealers, firearm manufacturers, & illegal possession/manufacturing of explosives

Answer 100

includes customs & border protection, secret services, & transportation security administration (TSA)

Answer 101

-Highway patrol -State troopers -State police -State bureau of investigation

Answer 102

-Campus police -Park rangers -Liquor control

Answer 103

Requirements: -U.S. citizens -Min. 21 -HS diploma (bachelor's for some federal agencies) -Driver's license -Healthy weight -Background, health, written exams predominantly white & male

Answer 104

officers are afraid to speak up (especially to higher officers) in fear of being ostracized

Answer 105

bad apple theory => not systematic, just individuals systematic problem theory => entire system is the problem police culture theory => police are trained in an "us-against-them" mindset where they always fear for themselves

Answer 106

improves the civility of police-citizen encounters & enhances citizen perceptions of police transparency/legitimacy

Answer 107

order maintenance (noise disturbances, panhandlers, disorderly conduct) & law enforcement (law broken => crime committed)

Answer 108

established exclusionary rules were evidence from an improper stop & search cannot be used in court

Answer 109

at times, officers must use force to affect an arrest or control a disturbance

Answer 110

force that violates department policy or the constitutional rights of an individual by exceeding the force necessary

Answer 111

-Used infrequently by police -Usually "lower end" of spectrum (grabbing, pushing, shoving) -Typically only used when suspect is resisting arrest

Answer 112

Officers who violate the law & department policy for personal gain grass eaters => officers who take payoffs meat eaters => officers who actively abuse their authority (robbing drug dealers, illegal searches to steal drugs or money)

Answer 113

part of a police department that investigates complaints against its police officers

Answer 114

investigates complaints against officers (when a department cannot show that they efficiently combat these issues)

Answer 115

private org of law enforcement executives that review & can award accreditation to police department policies & standards

Answer 116

legal immunity granted to officers if their actions did not clearly violate a right established & defined by law

Answer 117

Responding to calls for service -Main type -81% calls -5% citizens directly approaching police

Answer 118

actively searching for potential offenders (14%)

Answer 119

calls for service are the primary instigation of action

Answer 120

calls for service are assigned priorities

Answer 121

police employees who have taken an oath to uphold the constitutional rights of individuals, wear a badge, & carry a firearm crime occurs, preliminary investigation

Answer 122

sworn officers, usually in plain clothes, who investigate crimes (more reactive) follow-up investigations, clearance & arrest

Answer 123

police officers assigned to HS

Answer 124

both proactive enforcement through traffic law violation enforcement, & reactive in vehicle accident investigations

Answer 125

undercover detectives (mostly proactive)

Answer 126

focus on organized crime & gangs that deal drugs

Answer 127

get a large # of arrests to stop street dealing

Answer 128

hunt for evidence on person or on property

Answer 129

arrest of person, or taking of item(s)

Answer 130

doesn't violate the reasonable expectation of privacy

Answer 131

officers may examine an area without a warrant if the area is in open view at a location where the public is legally permitted (however, doesn't allow them to enter)

Answer 132

brief (usually <1 hour) interference of an individual's freedom of movement, and the individual voluntarily interacts with the officer

Answer 133

a written statement of fact, supported by oath or affirmation, submitted to a judge to fulfill the requirements of probable cause for obtaining a warrant

Answer 134

-Special needs beyond normal law enforcement (protect public safety; metal detectors, TSA) -Stop-and-Frisk -Search leads to lawful arrest -Exigent circumstances (threat to public safety or risk of evidence being destroyed) -Consent search (subject allows officers to search) -Automobile searches (because they can be driven away, can be searched w/o a warrant)

Answer 135

-Probable cause -Oath or affirmation -Judge signature -Specific description of where, who, what

Answer 136

-Good faith (officer believed they were following law) -Inevitable discovery (even if had not been discovered then, would have been very soon after) -Attenuation (warrant already out & find evidence)

Answer 137

First-time acknowledgement of the "automobile exception" of the fourth amendment. States that officers don't need a warrant, only probable cause, to search a vehicle.

Answer 138

officers had reasonable suspicion that someone was being injured, so they didn't need a warrant to enter the house

Answer 139

officers do not need to inform suspects of their right to decline to a consent search

Answer 140

even with a warrant for arrest for missing a court date, police can only search a vehicle if they have probable cause that there is evidence of the crime in the vehicle

Answer 141

searches incident to arrest are lawful bc officers need to ensure arrestees are unarmed & that potential evidence isn't destroyed

Answer 142

if an officer has a good reason to conclude that a person is endangering the public by being involved in criminal activity, they can stop & search their person (stop-and-frisk)

Answer 143

traffic stops can only last as long as it takes to solve the matter of the stop (unless searches are done during this time, before the matter is solved)

Answer 144

if given permission by an authorized driver, a driver of a rental car has the right to reasonable expectations of privacy

Answer 145

there was no clear establishment/law/rule that shooting at an armed person in a vehicle was inappropriate, so he was given qualified immunity

Answer 146

allows citizens to sue state & local officials for civil rights violations

Answer 147

saw a warrant for the arrest after stopping someone, so they arrested him & searched, finding evidence for a different crime ruled that the evidence was allowed (exclusionary rule has some "exclusions" itself)

Answer 148

established the exclusionary rule according to which evidence obtained from an improper stop or search cannot be used in court

Answer 149

district court ruled that the sentencing was disproportionate, but the supreme court overruled that ruling as the punishment wasn't "extraordinary"

Answer 150

states must provide free attorneys to defendants with low incomes also => right to cousel at preliminary hearings, initial appeals, post-indictment line-ups, & to children

Answer 151

in instances of interrogation or arrest, suspects must be warned of their rights (silence, lawyer/attorney, evidence can/will be used against you)

Answer 152

deemed that searching a front porch can only be done with a warrant since it is part of the house/property

Answer 153

canine sniff widened the scope of knowledge w/o facts for probable cause to do the search

Answer 154

requires that any fact or information that increases the maximum penalty of a case beyond the statutory maximum must be submitted to a jury

Answer 155

due process clause requires prosecutors to disclose exculpatory evidence to the defense (no surprises)

Answer 156

supreme court added that states will provide lawyers to defendants, regardless of ability to pay

Answer 157

overruled the Durham test for insanity (which stated that the conduct was caused by the mental illness) => Defendants need to prove the mental illness causes a defect in the ability to see wrongfulness (moral or legal)

Answer 158

due process doesn't require that a state adopt an insanity test that relies on the defendant's ability to recognize that their crime is morally wrong => States can abolish the insanity defense w/o violating the constitution

Answer 159

unconstitutional to impose the death penalty for crimes committed by minors

Answer 160

Russell was approached by government agents who offered to sell him drugs, which he eventually agreed to => Acquitted on grounds of entrapment

Answer 161

McMorris chose to shoot & kill someone who was breaking into his home (instead of retreating & calling the police) => Unreasonable action to threat since the man was unarmed & fleeing the home

Answer 162

Self-defense against resistance => Police cannot use deadly force unless a suspect is armed or poses a risk to the community

Answer 163

About the unclear phrasing of "violent felonies" => Unconstitutional phrasing (too vague)

Answer 164

flew a stolen plane across state lines => Acquitted since law didn't specify that aircraft were included, only "automobiles"

Answer 165

ruled that any crime with a minimum sentence of >6 months must be by grand jury

Answer 166

-Attorney wasn't there for many instances -Made a plea bargain for him w/o consultation -Line-up wasn't done correctly -Never given polygraph after asked for it

Answer 167

policies developed based on research studies that show the most effective ways to do things