Test Review Flashcards
(184 cards)
1
Q
The study of the use of punishments for criminal offences
A
Penology
2
Q
Feeling or expressing remorse for one’s misdeeds or sins
A
Penitence
3
Q
The range of community and institutional sanctions, treatment programs, and services for managing criminal offenders
A
Corrections
4
Q
Holding a person accountable for committing a crime
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Punishment
5
Q
A correctional goal focused on the future behavior of the offender and society
A
Deterrence
6
Q
Reducing the offender’s ability or capacity to commit future crime
A
Incapacitation
7
Q
A pledge or money or property in exchange for a promise to appear in court
A
Bail
8
Q
Bail paid by a third party, for a fee, in exchange for a promise to appear in court
A
Bond
9
Q
Penalty or loss of ownership for the illegal use of property or asset
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Forfeiture
10
Q
A flat or straight sentence where a specific term is imposed upon conviction
A
Determinate Sentencing
11
Q
Correctional supervision that falls between the most lenient and most harsh types of punishment
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Intermediate Sanctions
12
Q
A sanction in which the offender must not leave his/her home except during court approved times
A
Home Detention
13
Q
an alternative to traditional incarceration
A
Shock incarceration
14
Q
Integrates uniforms, physical labor, as well as drug and or educational programming
A
Boot camp
15
Q
The sentence and punishment of the individual offender that prevents that individual from committing future crime
A
Specific Deterrence
16
Q
The recognition that criminal acts result in punishment and the effect of that recognition on society that prevents future crime
A
General Deterrence
17
Q
prohibits Congress from abridging the freedom of speech, or of the press, or the right of the people to peaceable assemble
A
First Amendment
18
Q
people should be secure against unreasonable search and seizure
A
Fourth Amendment
19
Q
Constitutional Rights of inmates
A
Mail, Health care, be free of cruel AND unusual punishment, adequate food, clothing, housing, religion
due process
20
Q
When offender agrees to plead guilty to a lesser charge
A
Plea Bargain
21
Q
A summary of a defendant’s criminal and social history used by the court prior to sentencing to help determine the appropriate sanction
A
Presentence Investigation
22
Q
Release from jail based solely on the offender’s promise to appear
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Release on Recognizance (ROR)
23
Q
Short-term correctional facilities typically run by the County Sheriff
A
Jail
24
Q
Long-term correctional facilities typically run by the state or federal government
A
Prisons
25
Occurs when an officer spends his/her entire shift inside of a unit with the inmates
Direct supervision
26
characterized by a primary control center that oversees multiple modules within a housing unit and where unit officers conduct rounds within each module, but spend most of their shift outside of the modules themselves
Indirect supervision
27
help control inmate behavior and the allocation of assets and resources
Classification
28
Special provisions designed to provide for the safety and well-being of inmates who, based upon findings of fact, would be in danger if placed in general population
Protective custody
29
Offender Types
```
Adult
Juvenile
Special Needs
Violent
Property
```
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The offender type with the highest recidivism rates are
Property Offenders
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Female inmates are also more likely, when compared to their male counterparts, to have
A higher rate of HIV infection
A history of greater drug use
Nearly three times the rate of diagnosed depression
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- The effect of punishment whereby the offender feels cast aside and abandoned by the community
- The focus is on the individual, not the criminal act
Stigmatizing Shaming
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- Punishes and stigmatizes the criminal act, while acknowledging the fundamental decency and goodness of the offender
- The focus is on the criminal act, not the individual
Reintegrative Shaming
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the creation of an environment and provision of rehabilitation programs that encourage inmates to accept responsibility and to address personal disorders that make success in the community difficult
Treatment
35
=Supervise and monitor parolees for parole violations
=Have the legal authority to arrest parolees
-Make recommendations to the court to terminate a parole sentence
Parole Officers
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The BOP has one maximum security facility located in
Florence, CO
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The science of knowing
Epistemology
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=A subfield of epistemology
=The science of finding out
=Procedures for scientific investigation
Methodology
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There are four main purposes or reasons that we do social science research
Exploration
Description
Explanation
Application
40
Addresses issues of voluntary participation and no harm to participants.
-Requires that subjects both have the capacity to understand and do understand the research, risks, side effects, benefits to subjects, and procedures used
Informed consent
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- Interviewing subjects to learn about their experience and participation in the research
- Inform them of the previously unrevealed purpose of the research
- Commonly undertaken when participants could have been harmed in some way
Debriefing
42
Presumed to cause or determine the dependent variable
Independent variable
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Assumed to depend on or be caused by another variable (the independent variable)
Dependent variable
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Correlation
Time order
Nonspuriousness
Three main criteria for causal relationships
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one point in time
cross sectional
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Over a longer period of time
longitudinal
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Four levels of measurement
Nominal
Ordinal
Interval
Ratio
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Offer names or labels for characteristics
Order does not matter
Examples: race, gender, state of residence
Nominal
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Attributes can be logically rank-ordered
High, medium, low
Examples: education, opinions, occupational status
Ordinal
50
Can be ranked
Meaningful (and equal) distance between attributes
Examples: temperature, IQ
Interval
51
Has a true zero point
| Examples: age, # of priors, sentence length, income
Ratio
52
Whether a particular measurement technique, repeatedly applied to the same object, would yield the same result each time
Reliability
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The extent to which an empirical measure adequately reflects the meaning of the concept under consideration
Validity
54
The difference between the characteristics of a sample and the characteristics of the population from which it was selected
Sampling error
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These sampling methods are based on the availability of subjects, or the researcher’s judgment
Nonprobability Sampling
56
Nonprobability sampling methods include:
Convenience sampling
Purposive sampling
Snowball sampling
Quota sampling
57
Probability Sampling
Simple random sampling
Systematic sampling
Stratified sampling
Multistage cluster sampling
58
A group of subjects to whom an experimental stimulus is administered
Exposed to whatever treatment, policy, initiative we are testing
Experimental group
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A group of subjects to whom no experimental stimulus is administered and who should resemble the experimental group in all other respects
Very similar to experimental group, except that they are NOT exposed
Control Group
60
All true experiments have a
Post=test
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exactly the same as a posttest, just administered at a different time
pre-test
62
Three Major Designs in Field Research
Participant Observation
Intensive Interviewing
Focus Groups
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Unstructured group interviews usually centered around specific topic of interest to the study
Lead by focus group leader, who is usually a researcher
Focus Groups
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Open-ended, relatively unstructured questioning
| Interviewer seeks in-depth information on the interviewee’s feelings, experiences, and perceptions
Intensive Interviewing
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Develop sustained relationship with people while they go about their normal activities
Participant Observation
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we focus on visible surface content
manifest content
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we focus on the underlying meaning
latent content
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- attempt to punish people retroactively
- forbidden in one of the original “Articles” of the U.S. Constitution.
- don’t give fair notice and allow the government to target people it simply does not like.
Ex post facto laws
69
- attempt to punish people for something over which they have no control, like being sick or being old or being ugly. Status offenses constitute “cruel and unusual punishment.”
- -Punishing someone for being mentally ill or for having a contagious disease would constitute a status offense.
Status offenses
70
Making it illegal for women to do something (like drink or smoke) but allowing men to do it would violate
Equal protection
71
The guarantee of equal protection is found in the
14th Amendment to the Constitution.
72
not actually found explicitly anywhere in the Constitution. It is “implied.” For this reason it remains controversial
Right to Privacy
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mini-rights to privacy
3rd Amendment (freedom from having to quarter soldiers in our homes), 4th Amendment (no unreasonable searches) and 5th Amendment (privilege against self-incrimination).
74
Every crime requires the presence of two things
Mens Rea plus Actus Reus
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- the mental element of a crime
| - by itself is not enough to have a crime
Mens rea
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- the physical element of a crime.
- by itself is not enough to have a crime.
- failing to act
Actus reus
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- usually involve safety violations with very small penalties
- offenses exist to protect public safety and are not seen as too unfair since the need is great and the penalties are small
- glaring exception to the “mens rea requirement.”
Strict Liability
78
- the mens rea of someone is “transferred” on to you because you are in charge of that person somehow
- tolerated by the courts despite “blameworthiness” since the penalties tend to be light and the need for them is so great.
- making a parent pay for their child's crime
Vicarious Liability
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means not fully completed. The idea here is that some actions will be made crimes even though “no harm” was actually done.
Inchoate Crimes
80
occurs whenever a person has taken a SUBSTANTIAL STEP towards a crime
Attempt
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occurs whenever two or more people AGREE to commit a crime. The agreed to crime never has to actually occur. The agreement itself is the crime.
Conspiracy
82
occurs whenever someone REQUESTS another person to do a crime. No agreement is necessary.
Solicitation
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when a jury decides that even though he did NOT do the right thing in breaking the law, he should be forgiven because something is wrong with him.
Excused
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when a jury decides she did the RIGHT THING in “breaking” the law
Justified
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is composed of three principle players: the prosecutor, the defense attorney, and the judge
Courtroom Workgroup
86
ushered in the London Metropolitan Police Act, which created the first uniformed, organized police force
Sir Robert Peel
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became the foundation for thinking about modern policing. These principles emphasized that the police are part of the public, not a separate entity that rules over the public.
Peel’s Principles of Law Enforcement
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Three cities claim to have the first police departments in the United States
Boston, Philadelphia, New York
89
A police department is organized by a hierarchy of authority that has three characteristics
- Unity of command: every individual reports to one immediate superior.
- Chain of command: identifies the line of authority, who reports to whom.
- Span of control: ratio of supervisors to subordinates.
90
argues that a breakdown of informal controls in communities contributes to crime.
Broken Windows Theory
91
Four elements of community policing
Philosophy
Organizational transformation
partnerships
Proactive
92
Factors that Affect Police Decision-Making
Organizational, Situational, Individual
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requires the police to obtain a warrant based on probable cause before conducting a search or seizure
4th amendment
94
facts or hard evidence that would lead a reasonable person to believe that a specific person has committed, is committing, or is about to commit a specific crime.
Probable cause
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facts or circumstances that would lead a reasonable person to believe that a person has committed, is committing, or is about to commit a crime.
Reasonable suspicion
96
vulnerable to claims of entrapment
undercover operations
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the effort required to gain compliance from unwilling suspect
Force
98
when an officer uses more force than is justified for a legitimate police function
Use of excessive force
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when an officer uses force too often in encounters with citizens
Excessive use of force
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when officers engage in corrupt activities in order to achieve a noble goal
Noble-cause corruption
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officers who engage in corruption only occasionally and/or when the opportunity presents itself; don’t actively pursue corruption
Grass-eaters
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officers who aggressively pursue corrupt activities (e.g., solicit bribes, participate in gang activity, etc).
Meat-eaters
103
An ethical system that judges one’s actions as more important than the results they produce
Deontological
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An ethical system that judges the results one’s actions produce as more important than the actions themselves
Teleological
105
Being good is defined as meeting the
| needs of others
Ethics of Care
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! Believes ethics is largely based upon character and the possessions of virtues
! Golden Mean – a balance of being both good and bad
Ethics of Virtue
107
Focuses on duty and holds that the only thing truly good is “good will”
Ethical Formalism
108
The principle or practice of unselfish concern for or devotion to the welfare of others
Altruism
109
An inordinate fascination with oneself
Narcissism
110
something the commands action that is necessary without any reference to intended purposes or consequences
Categorical Imperatives
111
The idea that one gives up one’s right to be treated under the principles of respect for persons to the extent that one has abrogated someone else’s right
The Principle of Forfeiture
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Postulates that what is good for one’s survival and personal happiness is moral
Egoism
113
The idea that most people have similar beliefs, values, and goals, and that societal laws reflect the majority view
The Consensus Paradigm
114
are more likely to be antisocial, to have serious childhood
| conduct disorders, and to commit serious offenses
men
115
Another name for the Code of Silence or the practice of police officers to remain silent when fellow officers commit unethical actions
The Blue Curtain of Secrecy
116
The idea that principles and rights are inherent in nature
Natural Law
117
Believing one’s original theory of the case despite evidence to the contrary
Belief Perseverance
118
The component of justice that looks for the greatest good for all
Utilitarian justice
119
The component of justice that concerns the determination and methods of punishment
Retributive justice
120
The component of justice that concerns the steps taken to reach a determination of guilt, punishment, or other conclusions of law
Procedural justice
121
System-wide abuse that refers to policies, including overcrowding, inadequate medical, and the use of isolation cells
Systemic or budgetary abuse
122
An element of Peacemaking Corrections that involves looking at what needs to be done with both the heart and head
Wholesight
123
The term used for the interdependence that may develop
between correctional officers and inmates that is
characterized by favoritism is called
Reciprocity
124
The scientific method is used to study and understand crime/criminality
Positivism
125
was the first to collect and analyze physical measures (i.e. facial features, structure of the skull, etc.)
Cesare Lombroso
126
something that is said to decrease the probability of someone’s offending
Protective factors
127
something that is said to increase the probability of someone’s offending
Risk factors
128
- form in response to their inability to reach middle-class goals of success
- culture within a culture
Subculture
129
Views “conflict” as originating from multiple sources within society, not just capitalism
Conflict Criminology
130
A theory which is said to apply only to violent victimization
Victim Precipitation Theory
131
Moffitt argued that we can classify offenders into 1 of 2 groups
- Adolescent-limited
- Life-course persistent offenders
Moffitt’s Developmental Typology
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focus on the age/crime curve
Developmental Theory
133
individual characteristics that shape emotional responses of others
Temperament
134
psychological characteristics that result from our temperament interacting with developmental experiences
Personality
135
Criminal behavior is part of a general pattern of life
Lifestyle Theory
136
- Society is set up in such a way that some fail and others succeed
- Crime is a result of the unjust ways society is set up
Merton’s Anomie Theory
137
- Removal of positive stimuli
| - Introduction of negative stimuli
General Strain Theory
138
- impact how we view ourselves and how others view us
| - can lead to a self-fulfilling prophecy
Labeling Theory
139
Argues that crime is shaped by attributes of the community
Social Disorganization Theory
140
-Offenders neutralize their sense of shame or guilt through psychological strategies
Used to justify or excuse their behavior:
Denial of responsibility
Denial of injury
Denial of victim
Condemnation of condemners
Appeal to higher loyalties
Neutralization Theory
141
We all aspire for the “American Dream”
Merton’s Anomie Theory
142
If you have weakened bonds to society, you are more likely to offend because you have less of a stake in conformity
Social Bond Theory
143
- Crime is learned through intimate social groups
| - same techniques that are used to learn prosocial behavior are used to learn antisocial behavior
Differential Association Theory
144
Crime is result of 3 things converging in time and space
Motivated offender
Suitable targets
Absence of capable guardians
Routine Activities Theory
145
- Acknowledges human agency
- Focuses on choice structuring behind offending
- Assumes crime is beneficial to offender
- Does not assume all criminals make same choices
Rational Choice Theory
146
Emphasizes human rationality and free will when explaining crime
Classical School
147
Emphasizes unique biological, psychological, or social factors of people when explaining crime
Positivism
148
Argued for just and human punishments
Cesare Beccaria
149
In order to deter, punishments should outweigh benefits and be:
Swift
Certain
Severe
Classical School
150
Does not include:
Those under 12 years old
The homeless
The institutionalized
NCVS
151
indicate whether a sample statistic has a low or high chance of occurring.
Probability Distribution
152
- Data can be measured at the nominal, ordinal, interval, and ratio levels.
- The proper test to use for a hypothesis test is determined
Levels of Measurement
153
Non-categorical data.
Examples: age, income, education.
Survey answer choices that are measured in numbers rather than categories.
Interval and ratio data.
Continuous Data
154
Predictability in survey answers.
Consistency in survey answers.
A survey question is reliable if it will elicit the same response in similar survey circumstances.
Survey Question Reliability
155
Used in formal hypothesis testing.
A method of science.
A statement that the variables are unrelated to each other.
Used as part of a test of statistical significance.
Null Hypothesis
156
Bivariate correlation.
Continuous data.
The two variables increase or decrease together, e.g., annual income and tax burden.
Contrasted with a negative (or inverse) correlation.
Positive Correlation
157
Y = a + b (X)
Slope and intercept.
A prediction technique.
The values of the dependent variable Y are predicted from the values of the independent variable X.
Regression Analysis
158
An unfounded projection.
Applying the results of group-level statistical analyses to individual people.
A type of biased reasoning.
Ecological Fallacy
159
A repeated samples technique.
The distribution of sample statistics from an infinite number of samples of the same size will be approximately normal.
Assists with probabilities.
Central Limit Theorem
160
The main focus of a study.
Dependent Variable
161
Samples provide estimates of population parameters that inherently include errors
Sampling error
162
Two types of sampling error
Non-random error: flaws in the sampling process produce flawed estimates.
Random error: any sample is one of an infinity number of samples that could have been drawn, so population estimates from samples aren’t likely to be completely accurate.
163
if you don't start with reliable data (garbage in), you'll end up with unreliable results (garbage out)
GIGO
164
two variables may be correlated because a third variable has been left out of the analysis.
Omitted variable bias
165
describe characteristics of the population or a sample
Descriptive statistics
166
helps draw conclusions about a population from a sample
Inferential statistics
167
Right Against Cruel and Unusual Punishment
Incorporated against states Robinson v CA (1962)
Right Against Excessive Fines
Not incorporated against states yet
Right Against Excessive Bail
Incorporated (implied) in Schilb v. Kuebel (1971)
8th amendment rights
168
means a strike of a potential juror without explanation
Peremptory strike
169
Criminal juries at state level may consist of less than 12 jurors, but at least
6 jurors are required
170
jury trial right has been incorporated against the states, it does not require states to provide 12 member jury trials in all criminal cases (as is required at federal level)
-Right to jury trial does not apply to state petty crimes with less than 6 months in prison
6th amendment
171
Two major prongs to ineffective assistance of counsel claims
Deficient performance and Prejudice
172
right to counsel now requires that government must provide indigent defendants an attorney at government expense to defendants facing jail/prison time
This right “attaches” or begins once a “critical stage” of criminal proceedings occur—this could be at arraignment, preliminary hearing, but most often at time of indictment (but merely being a suspect is not sufficient to cause right to attach)
Attachment of 6th Amendment Right to Counsel
173
does not apply to physical attributes of the suspect, such as providing fingerprints, blood samples, hair samples, DNA swabs, etc.
Miranda
174
need only be given when there is 1) custodial 2) interrogation. Talking to someone not in custody, say during a Terry stop, does not require Miranda warnings (i.e. traffic stops and Terry stops do not constitute custody for these purposes)
Purpose of warnings is to protect 5th Amendment rights against self incrimination by mitigating the psychological coercion inherent in custodial interrogation by law enforcement officers (and thus help prevent false confessions, which is a leading cause of wrongful convictions)
Miranda warnings
175
Based on reasonable suspicion (i.e. the officer must be able to give articulable reasons for detaining a suspect, more than a hunch or a gut feeling), which is considerably less than probable cause
Terry Stops
176
evidence obtained in violation of 4th Amendment is generally excludable
Fourth Amendment exclusionary rule
177
When Does a Seizure Begin?
Seizures occur when a suspect objectively would believe they are not free to leave (not subjective fear based on individual feelings of suspect, but rather objective test—courts consider whether a hypothetical reasonable person would feel free to leave under the totality of the circumstances)
However, seizure does not occur until a command to stop is complied with or touch (a suspect running from officers is not seized upon command to stop, but only upon being touched)
178
Two main theories for nonconsensual, warrantless automobile searches at scene of stop
Probable cause and Search incident to arrest
179
Area immediately around the home, such as a porch, which is constitutionally protected similar to the house itself
Curtilage
180
1803, held the Supreme Court has the power of judicial review: the authority to strike down laws and acts of government officials as unconstitutional)
Marbury v Madison
181
1961, 4th Amendment exclusionary rule incorporated into 14th Amendment, thus applying to states: evidence gained in violation of 4th Amendment excluded from state criminal trials—extended Weeks case to states
Mapp v Ohio
182
1963, government must provide indigent felony defendants an attorney at govt. expense, later extended to all defendants facing jail or prison time
Gideon v Wainwright
183
Some rights still not incorporated in the Bill of Rights
3rd Amendment right against quartering soldiers
5th Amendment right to grand jury for indictments
7th Amendment right to civil jury trials in disputes over $20
184
Due Process Clause
14th Amendment
