Criminal Justice Exam 1

the civil rights act of 1964
declares that is is illegal for businesses, hotels, restaurants, and public transportation to deny citizens service based on their race
events that shaped the modern criminal justice system
-rioting and fear of crime
-civil rights and war protests
-the war on crime
-omnibus crime control and safe streets act of 1968
president’s commission on law enforcement and administration of justice
concludes that most people had lost confidence in the ability of the police to maintain law and order
war on crime
declared by lyndon b. johnson to counter crime and social disorder
omnibus crime control and safe streets act of 1968
created the LEAA (law enforcement assistance administration) to act as a conduit for the transfer of federal funds to state and local law enforcement agencies (also created LEEP)
national commission on criminal justice standards and goals
formulates specific standards and goals for police, courts, corrections, and crime prevention
law enforcement educational program (LEEP)
goal to promote education among criminal justice personnel
war on terrorism
-declared by president george w. bush in response to the attacks of september 11, 2001
-new cabinet position of secretary of the office of homeland security is created
social norms
the expected normative behavior in a society
criminal justice system
the enforcement by the police, the courts, and correctional institutions, of obedience to laws
system of social control
a social system designed to maintain order and regulate interactions
order maintenance
a system of maintaining the day-to-day life of ordinary citizens, a primary goal of the criminal justice system
bill of rights
delineates certain guaranteed freedoms of citizens, such as trial by jury and freedom of speech
crime control model
a model of the criminal justice system in which emphasis is placed on fighting crime and protecting potential victims
due process
rules and procedures for protecting individuals accused of crimes from arbitrary and excessive abuse of power by the government
the criminal justice process
-crime is committed
-crime is reported
-initial appearance
-preliminary hearing
-grand jury
-jury trial
-bench trial
police activity that establishes the identification of an arrested person and formally charges that person with a crime
initial appearance
-a judicial hearing before a magistrate, following booking
-magistrate judge reviews the charges, advises the defendant of his or her rights, and sets bail
a promise, sometimes backed by a guarantee, that the accused will return for further proceedings
preliminary hearing
a hearing before the magistrate judge in which the prosecution presents evidence to convince the judge that there is probable cause to bring the defendant to trial
grand jury
a panel of citizens that decides whether there is a probable cause to indict a defendant on the alleged charges
the formal verdict of the grand jury that there is sufficient evidence to bring a person to trial
a short hearing before the judge in which the charges against the defendant are announced
convicted defendant is offered an opportunity to avoid serving any time in prison by agreeing to fulfill conditions set forth by the court
early release from prison before the maximum sentence is served, based on evidence of rehabilitation and the good behavior of the inmate
criminology theories
attempt to generalize principles that can explain factors which influence offending, victimization, and rehabilitation
classical school theories
the school of thought that individuals have free will to choose whether or not to commit crimes and that criminals should have rights in the criminal justice system
neoclassical school theories
similar to classical school theories, except for the beliefs that there are mitigating circumstances for criminal acts, such as the age or mental capacity of the offender, and the punishment should fit the crime
positive school
modern theories of crime, primarily based on sociology and psychology, that people commit crimes because of uncontrollable internal or external factors, which can be observed and measured
atavistic stigmata
-the study of the physical traits of criminals, a method by lombroso
-made extensive physical measurements to define what he called the “criminal man”
psychological/psychoanalytic theory
behavior is not a matter of free will but is controlled by subconscious desires, which includes the idea that criminal behavior is a result of unresolved internal conflict and guilt
zone theory
-a concept that juvenile delinquency is caused by zones of social environments based on status differences, including poverty, illiteracy, lack of schooling, unemployment, and illegitimacy – but not ethnicity
-chicago school*
social disorganization theory
supports the notion that criminal behavior is dependent on disruptive social forces, not on individual characteristics
differential association theory
the concept that criminal and delinquent behaviors are learned entirely through group interactions, with peers reinforcing and rewarding these behaviors
social control theory
the focus on the social and cultural values that exert control over and reinforce the behavior of individuals
neutralization theory
the concept that most people commit some type of criminal act in their lives and that many people are prevented from doing so again because of a sense of guilt, while criminals neutralize feelings of guilt through rationalization, denial, or an appeal to higher loyalties
strain theory
the assumption that individuals resort to crime out of frustration from being unable to attain economic comfort or success
cultural deviance theories
values of deviant subcultural groups within society, such as organized crime families, juvenile gangs, and hate groups, have great power over individuals’ behavior
conflict theories
the most politically and socially powerful individuals and organizations use the legal system to exploit less-powerful individuals and to retain their power and privileges
biological theories
-human behavior is constitutionally or genetically determined
-basic determinants of human behavior may be passed from generation to generation
-some behavior is the result of propensities inherited from more primitive developmental stages in the evolutionary process
the study of victims and the patterns of how they are victimized
victim-precipitation theories
victims in come way contribute to or provoke crimes against them
crime clock
method used by the FBI to report how often crimes occur
uniform crime report (UCR)
database of information about reported crimes collected by the FBI over time
hierarchy rule
counting only the most serious crime in a single incident involving multiple crimes
clearance rate
the percentage of crimes solved versus those that are unsolved
national incident-based reporting system (NIBRS)
includes specific data about reported crimes, including the place of occurrence, weapon used, type and value of property damaged or stolen, and personal characteristics of any relationship between the offender and the victim
national crime victimization survey (NCVS)
a survey that gathers detailed information about crimes from victims using a representative sample of U.S. households
a rational system of jurisprudence provides for the greatest happiness for the greatest number of people
rule of law
standards of behavior and privilege are established by laws and not by monarchs or religious leaders
mala in se
acts that are crimes because they are inherently evil or harmful to society
mala prohibita
acts that are prohibited because they are defined as crimes by law
common law
unwritten, simply stated laws, based on traditions and common understandings in a time when most people were illiterate
principle of legality
the principle that citizens cannot be punished for conduct for which no law against it exists
ex post facto laws
laws providing that citizens cannot be punished for actions committed before laws against the actions were passed and that the government cannot increase the penalty for a specific crime after the crime was committed
substantive due process
limits the government’s power to criminalize behavior unless there is a compelling reason for the public interest to do so
procedural due process
requires that the government follow standard procedures and treat all defendants equally
stare decisis
US system of developing and applying case law on the basis of precedents established in previous cases
void for vagueness
laws that do not use clear and specific language to define prohibited behaviors cannot be upheld
right to privacy
laws that violate personal privacy cannot be upheld
void for overbreadth
laws that go too far in that they criminalize legally protected behavior in an attempt to make some other behavior illegal cannot be upheld
elements of crime
the illegal actions (actus reus) and criminal intentions (mens rea) of the actor along with the circumstances that link the two, especially causation
failure to act
an exception to actus reus in which a person fails to act when there is a legal duty to act
general intent
criminal intent in which a person has commonsense understanding that the results of his or her actions might cause harm
specific intent
criminal intent in which a person knowingly takes action to commit a crime
transferred intent
criminal intent in which a person intends to harm a person but instead harms a different person
constructive intent
criminal intent in which a person does not intend to harm anyone but should have known that his or her actions created the risk of harm
inchoate offense
an action that goes beyond mere thought but does not result in a completed crime
the requesting or commanding of another to commit a crime
the planning by two or more people to commit a crime
defense of duress
legal claim by a defendant that he or she acted involuntarily under the threat of immediate and serious harm by another
mistake or ignorance of fact
an affirmative legal defense in which the defendant made a mistake that does not meet the requirement for mens rea
defendant claims that he or she acted to protect himself or herself or another person against a deadly attack or invasion of his or her home
an affirmative legal defense claiming the defendant committed an act out of need, and not mens rea
the killing of one human being by another
all intentional killings and deaths that occur in the course of aggravated felonies
the killing of another without the specific intent to kill
rape (sexual assault)
nonconsensual sexual acts
the taking away of property from a person by force or the immediate threat of force
the crime of willfully inflicting injury on another
a combination of trespass and the intent to commit a crime
the malicious burning of a structure
the wrongful taking of another’s property with the intent to permanently deprive its owner of its possession
the geographical limits of responsibility and legitimate duties of law enforcement officers
federal law enforcement agencies
agencies that enforce only federal laws and are under the control of the executive branch of the federal government
military police
police who are members of the military and provide law enforcement services on military bases, on certain federal lands, and in cases involving military personnel
tribal police
police that provide law enforcement services on native american reservations, where local and state police have no jurisdiction, and federal police only have limited jurisdiction
london metropolitan police
-Sir Robert Peel – 1829
bobbies of 1829
-Full time, paid
-Military organization and structure
-Clearly identifiable uniforms
-Crime prevention
Fixed “beats”
-Full arrest power
structure and duties of sheriff’s department
-Sheriff is an elected official
-Appoints officers (deputies) to help carry out mission of office
-Wear distinctive uniforms
-Same level of police officer as municipal police – training
-Serve as officers of the court
-Operate county jails
-General law enforcement duties
-Contract law enforcement services to small towns
-Serve court papers
jurisdiction of municipal police
-City limits: although, per statute, police officers may enforce certain laws when outside of their jurisdiction
-Legal jurisdiction: enforce city, county state, and federal law
-Metro police: combined geographical jurisdiction; Metro Dade, Las Vegas Metro, etc.
order maintenance
Noncrime-fighting services performed by police, such as mediation, providing for the welfare of vulnerable persons, and crime control and prevention.
challenges of community policing
-Restructuring of police departments.
-A new focus on prevention and quality of life.
-Pushes decision-making down to the line level.
-Resisted by many officers as being soft on crime.
-Less reliance on crime data.
-Community partnerships.
broken window theory
The belief that ignoring public order violations and disruptive behavior leads to community neglect, which fosters further disorder and crime
community policing
Decentralized policing programs that focus on crime prevention, quality of life in a community, public order, and alternatives to arrest.
federal bureau of investigation (FBI)
federal agency responsible for protecting the US from terrorist attacks, foreign intelligence and espionage, cyber-based attacks, and high-technology crimes, and for combating public corruption at all levels
metro police
local police agency that serves several geographic locations, such as a large city or county
federal police
have full authority anywhere within the United States
state police
have authority within the state
have authority within the county
authority within city limits
zero-tolerance strategy
strict enforcement of the laws, even for minor violations
problem-oriented policing
a proactive type of community policing that focuses on solving the underlying problems of delinquency and crime