Term
What are the four models which are used to analyze the Criminal Justice System? |
|
Definition
Consensus Model Conflict Model Due Process Crime Control |
|
|
Term
|
Definition
Perspective that assumes that the stytem’s components work together harmoniously to achieve the social product we call justice. |
|
|
Term
|
Definition
Perspective that assumes that the system’s components function primarily to serve their own interests. Justice is a product of conflicts among agencies rather than cooperation. |
|
|
Term
|
Definition
Perspective that emphasizes individual rights at all stages of justice system processing. |
|
|
Term
|
Definition
Perspective that emphasizes the efficient arrest and conviction of criminal offenders. |
|
|
Term
Overview of Criminal Justice Process |
|
Definition
1. Investigation 2. Arrest 3. Booking 4. Initial Appearance 5. Grand Jury Indictment/Information 6. Preliminary Hearing 7. Arraignment 8. Pre-Trial Motions 9. Jury Selection 10. Trial (Sequence) 11. Post Trial Motions 12. Sentencing 13. Post Conviction Relief 14. Incarceration 15. Appeals 16. Plea Bargaining |
|
|
Term
What are the standards of proof? |
|
Definition
Reasonable suspicion Probable cause Proof beyond reasonable doubt |
|
|
Term
|
Definition
Dispel Suspicious Activity Stop Detain Frisk |
|
|
Term
|
Definition
Arrest Search Seize Charge Use Deadly Force |
|
|
Term
What can you do with PBRD? |
|
Definition
|
|
Term
|
Definition
A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases. |
|
|
Term
|
Definition
Scientific study of Causes Rates Punishment and rehabilitation Prevention of crime |
|
|
Term
What is the Bill of Rights? |
|
Definition
Name for the first ten amendments to the United States Constitution A series of limitations on the power of the United States federal government Protects the natural rights of liberty and property |
|
|
Term
What major components constitute the criminal justice system? |
|
Definition
|
|
Term
|
Definition
The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members. |
|
|
Term
What is the PC Crime equation |
|
Definition
Actus Rea - Mens Rea - Concurrence - Causation - Harm in violation of a Criminal law
Without defense or justification |
|
|
Term
|
Definition
Self-defense (justification) Insanity (excuse) Entrapment (procedural) |
|
|
Term
What is the difference between intent and motive. |
|
Definition
Intent merely proves that someone meant to do something. Motive was their reason. |
|
|
Term
When do you have to prove motive? |
|
Definition
|
|
Term
|
Definition
Punishable by death or incarceration for at least one year. Include rape, aggravated assault, robbery, buglery and arson. |
|
|
Term
|
Definition
Punishable by incarceration typically less than one year. Include petty theft, simple assault, breaking and entering, disorderly in public, disturbing the peace etc. |
|
|
Term
What is an inchoate crime? |
|
Definition
An offense not yet completed. Consists of actions taken towards an offense. |
|
|
Term
Who does the 4th Amendment protect? |
|
Definition
U.S. Citizens (USC) inside/outside U.S. Non USCs in the U.S. (to large extent) |
|
|
Term
Whose actions are restricted by the 4th Amendment? |
|
Definition
Restricts State/Government Action Anyone acting on behalf of the Government |
|
|
Term
When does the 4th Am's restrictions become applicable? What is REP? |
|
Definition
Protects People not places Two part test Subjective - individual Objective – Society |
|
|
Term
What is the 4th Am's. general rule? |
|
Definition
IF REP and State Action The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures |
|
|
Term
What really is probable cause? - as opposed to RS and PBRD? |
|
Definition
Facts And Reasonable Inferences therefrom |
|
|
Term
What are the exceptions to the exclusionary rule? |
|
Definition
Impeachment Good Faith Inevitable Discovery Non constitutional violations (Knock and Announce) Public Safety Exception Un-Mirandized voluntary statement leading to evidence recovery |
|
|
Term
What is one exception to the 4th Am's. general rule? |
|
Definition
Fourth Waiver: No REP Not a 4th Amendment search No warrant No PC |
|
|
Term
Difference between police and sheriff |
|
Definition
Police appointed Sheriff elected |
|
|
Term
Indictment vs. Information |
|
Definition
Indictment: Formal written accusation submitted to cour by grand jury, saying that the person has committed a offense, usually felony.
Information: Formal written accusation submitted to court by prosecutor, saying that a person has committed an offense. |
|
|
Term
What is the exclusionary rule for? |
|
Definition
To deter police misconduct. |
|
|
Term
|
Definition
Uniform Crime Reports: Statistical reporting program run by the FBI
NCVS: National Crime Victimization Survey
UCR documents crime reported to police, NCVS documents crimes reported by victims through surveying households
They have different crimes and definitions for crimes |
|
|
Term
|
Definition
Violent Personal and Property Crimes |
|
|
Term
Three systems of policing |
|
Definition
Watchman (concern for order maintenance) Legalistic Service |
|
|
Term
|
Definition
Authority (local, state, federal) Geographical Investigative that a court or justice agency has power over. |
|
|
Term
What factors have affected the CJS in the last 40 years? |
|
Definition
Diversity in the Criminal Justice system Computers/Internet/Technology Terrorism Civil Liberties Patriot Act |
|
|
Term
|
Definition
Act or Omission related to the behavior or harm criminalized in the statute |
|
|
Term
|
Definition
Criminal intent “guilty mind” to act Intentionally Knowingly Recklessly Criminally Negligent |
|
|
Term
|
Definition
The coexistence of 1.) Act in violation of the law, and 2.) A culpable mental state |
|
|
Term
|
Definition
“But For”……..(the action), the harm in violation of the statute would not have occurred
Reasonably foreseeable |
|
|
Term
What is the insanity defense? |
|
Definition
A legal defense based on claims of mental illness or incapacity. |
|
|