Flashcards in Test 1 Deck (85):
What is the importance of "if it bleeds, it leads?"
This is stating that media only cares about showing juicy stories, so it frames the public into thinking that there is more crime than there actually is.
What is infotainment and what is the importance of it?
It gives the idea that how the show is, is how the real world is, even though the show is fictional. Ex: Law and Order. This creates the CSI effect, and makes the public ignorant to the real world
What is advocacy journalism?
Non-objective/non-neutral writing that has bias towards one side or the other. Ex: Abortion and the death penalty. You have to create your own view when reading it
What are misconceptions to crime portrayed in the media?
Because the media reports the problem, blows it out of proportion, and the problems are typified, it makes us link stories to other social issues, thus making policies and laws due to the problem.
What are frames and narratives when talking about media?
Frames are a process of labeling and understanding an issue, and narratives are the images of said issue
What are mischaracterizations of police, corrections, and courts?
That police are badass crime fighters OR violators of due process; adversal nature of court is a myth; sentencing misconceptions; and corrections do not protect public, amenities of prisoners, corruption, and misconduct.
What are the moral panics surrounding the criminal justice system from the public?
Fear of crime, police brutality, prison violence and escaped prisoners, professional athletes and domestic violence, and terrorism.
What is the definition of crime?
When there is a violation of law (even if police are not involved)
What are our views of crime shaped by?
Our personal experiences, media, politics, and fear
Every society has crime, but the severity differs from place to place and over time. True or False.
True. Durkheim wrote in 1895 that crime is normal in every society
What does it mean to commit a misdemeanor?
A "simple" offense that put you in jail for one year or less. Misdemeanors can become felonies with certain aspects.
What does it mean to commit a felony?
More serious crimes that put you in jail for more than a year
What is the difference between jail and prison?
Jail is temporary, but prison is permanent or long sentences
What are status offenses?
Juvenile offenses that deal with behavior that is illegal for their age. Ex: curfew, runway, alcohol, etc.
Laws change over time and reflect social values. True or False.
What is a victimless crime?
Crimes that are considered to not have a victim. Ex: drugs, prostitution, gambling
What is the difference between fairness and accuracy?
Fairness is a balance between apprehending suspects and citizens interest in avoiding unwanted government intrusion (probable cause). Accuracy is having confidence in outcomes of processes
What are citizens legal protections guaranteed through?
The Bill of Rights.
What is the crime control model?
Idea that the process should move quickly through the system in order to suppress more crime
What is the due process model?
Idea that individuals rights must be protected; prove without unreasonable doubt that suspect is guilty; have fairness, accuracy, and reliability in the system.
Which model of crime is more commonly used in our criminal justice system?
Due process model
What does our criminal justice system include?
Police, Courts, Corrections
What is the role of the police?
To protect people and their rights; apprehend criminals and prevent crime; provide social services
What is the role of the courts?
Discuss and determine if criminal is guilty or not.
What are the different types of jurisdictions courts may have?
Limited (for juveniles), general (trial courts), and appellate (reviews issues raised in lower courts)
What is the role of corrections?
To observe criminals to protect the community from them
What are the different sections of corrections?
Jails/prisons, community corrections, halfway homes, work release centers, and treatment facilities
What does the "wedding cake" of criminal justice represent?
The filter and funnel of CJ; the bottom layer is the biggest, with misdemeanors, the second layer are less serious felonies, the third layer are more serious felonies, and the smallest layer on the top are celebrated cases (cases that get public attention)
What is omission?
The failure to do something that you have the civil right or duty to do
What is the difference between mala in se and mala prohibita?
Mala in se are inherently evil acts; mala prohibita are acts that are not inherently evil, but still undesirable
The prosecutor can always add charges, but cannot drop charges. True or False
False. Prosecutors can only drop charges, not add new ones. This is why many prosecutors charge the highest charge, then begin to drop charges if the evidence permits.
What is the Uniform Crime Report (UCR)?
Annual report published by FBI that collects data based off of crimes reported (hierarchical method)
What is a victimization survey?
Survey reported annually about the victims of crime based off of reported crimes.
What are self-reports?
Reports typically given in school to see what crimes students have committed. Anonymous and voluntary
What is the NIBRS?
Extension of UCR; compares the relationships of victims and perpetrators
What is the classical school theory?
Beccaria came up with the idea that people achieve pleasure while minimizing pain and that the behavior should be punished, not the offender. States that it is a conscious decision to commit a crime and that punishments should deter others.
What is the positivist school theory?
Idea that there are biological, sociological, and psychological issues that explain why offenders commit crimes.
Socio- Differential association, blocked opportunity, labeling theory, and social bond
Psych- Freudian theory and cognitive theory
What is atavism?
Lombroso looked at skull size, body size, chromosomal abnormalities, chemical imbalances, and brain injuries to determine that criminals were born.
What is the differential association theory?
Idea that we react because of what we've learned and our environment (monkey see, monkey do)
What is the blocked opportunity theory?
The idea that we have illegitimate means to achieve accepted goals
What is the labeling theory?
The idea that symbols matter to us and shape how we think, feel, and act
What is the social bond theory?
The idea that when we are attached to our family and adults, as well as being committed to do the right thing, that we will have a good life if we do the right thing
What is the freudian theory?
The idea that we act with our id, ego, and superego.
Id: source of needs and wants; instincts; pleasure principle
Ego: mediator between id and real world
Superego: source of morals; prevents certain actions
What is the cognitive theory?
THe idea that behavior is a result of habits of thought and interpretation
What is the difference between civil and criminal law?
Civil law are private parties, personal injury, compensation, etc. Criminal law are substantive (defines prohibited behavior) and procedural (rules of adjudication and criminal procedure)
Where do we get criminal law from?
Constitutions, statutes, court decision, and administrative regulations
What is the difference between the consensus view of crime and the conflict view of crime?
The consensus view of crime states that law defines crime and reflects public opinion and laws apply equally to all citizens; there is an agreement to what crime is.
The conflict view of crime states that law is a tool of the ruling class and law is used to control underclass; crime is a politically defined idea
What is the Code of Hammurabi?
The first written code of law, written in 2000 BCE; says punishment is based on retribution (an eye for an eye)
What is the Mosaic Code?
The foundation for Judeo-Christian moral teachings, as well as for the US legal system
What is the common law?
Early English judges would post their court decisions; following judges would use those decisions to shape their own decisions if the case was similar
What is due process?
The legal protection of individuals rights, given to us in the fifth and fourteenth amendments.
What are the differences between mens rea, actus reus, and attendant circumstances?
Mens rea: guilty mind/conscious decision
Actus reus: furtherance of a crime
Attendant circumstances: link between both; harm follows illegal act
What is the different possessions?
Actual: the person is holding or doing the illegal thing
Constructive: the person is next to or around person who is holding or doing the illegal thing
What are the characteristics of a criminal act?
Acts that incur criminal responsibility; sufficiency of evidence; possession; status; acts must be voluntary/conscious; omission
What is the reasonableness standard?
Determination if people are responsible for behavior if they understand the consequences
What is intention?
Committing the crime knowingly and purposively; aware that the act would cause a result
What are some criminal defenses?
Insanity defense, force, duress, necessity, mistake of the fact, ignorance of law, or entrapment
What did the fourth amendment grant?
No search and seizure without probable cause
What did the fifth amendment grant?
Right to not self incriminate
What did the eighth amendment grant?
Cruel and unusual punishment is not allowed
What did the fifth and fourteenth amendment grant?
Right to due process
What is probable cause?
A reasonable link between person and a crime; judge must agree and grant warrant for arrest or search and seizure
What is the process of courts?
-Arrest, summons, and booking
-Arraignment (bail is determined, courts hold money to ensure appearance back, or return on own recognizance)
-Probable cause hearing for serious matters (grand jury)
-Indictment or true bill issues if majority of grand jury believes probable cause
-Plea: guilty, not guilty, nolo contendere, or no plea
What is nolo contendere?
"no contest," or saying you understand the evidence against you but still deny the crime
What does the court do if you refuse to make a plea?
Assume you are not guilty because the courts cannot assume guilt without unreasonable doubt
What is the difference between a bench trial and a jury trial?
Bench trial is when the judge is the only one who is hearing and deciding on the case. Jury trial has a group of peers who decide on the case.
What is a mistrial?
When there is an error in the law or procedure; calls for a retrial
What is the standard for arrests?
What is the standard for sentencing?
Beyond unreasonable doubt
What are the aspects of sentencing?
-bifurcated process in VA
-adults: pre-sentencing report (a report about your life to make a case)
-probation, incarceration, parole
-appeals (based on error of law or procedure)
Who is Sir Robert Peel and what did he do?
"father" of modern police; wanted to improve the structure of law and prevent crime; persuaded the Parliament to create London Metropolitan Police in 1829
What was the English Heritage that influenced the common day law enforcement?
Limited police authority and value of individual rights; local control of police; decentralized/fragmented system
When and where was the first full time police force?
New York City in 1845; first to pay officers and wear uniforms; paramilitary structure
Who is August Vollmer?
Chief in Berkeley, CA who believed professionalism was key to successful law enforcement; did IQ and personality tests; improved technology and equipment
What are the different levels of law enforcement?
Local, state, federal, cooperative, multijurisdictional, transnational (interpol)
What is community policing?
Reduced minor crimes could lead to decreased amount of serious crimes
What are the characteristics of community policing?
Fear of crime, order maintenance, resolve conflict, minimizes neighborhood decay, social and physical disorder
What are the elements of community policing?
Community partnerships (police are co-producers, they require the help of community), organizational changes, and problem solving
What are community partnerships? Why are they important?
They are collaborative relationships with police and the community, that stress a greater interaction with the police and the public.
What are the organizational changes with community policing?
Decentralized and fewer levels of management/less specialization; organizational culture: change from crime fighters to problem solvers; management: assist officers with developing contacts, acquiring resources, and training
How do police "problem solve?"
Police and community engage in efforts to solve issues.
What is the key to problem solving?
Neighbors will identify underlying problems and then involve the police to solve the issue
What are some attitudes towards the police?
Represent broader set of attitudes towards the society; police represent coercive power of the state; if people feel safe, they have a more favorable attitude; if people have higher education/more wealthy, have a more favorable attitude, if they are victims, less favorable attitude, and if there is force/shootings used, very dissatisfied attitude
What are the functions of patrol?
To deter crime and eliminate the opportunity to commit crimes, enhance feelings of public safety, and make officers available for service