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Final Exam
Chapters 6-11, 13
192
Criminal Justice
Undergraduate 2
05/05/2015

Additional Criminal Justice Flashcards

 


 

Cards

Term
Any type of force must be _______________.
Definition
Reasonable
Term
The 4th amendment states that every use of force is a ___________.
Definition
Seizure
Term
What test did Graham v. Connor establish?
Definition
3-prong test
Term
What was the basis of Graham v. Connor?
Definition
To establish reasonableness of force
Term
What was the basis of Garner v. Tennessee?
Definition
To balance an individual's rights versus public safety in cases of force
Term
police sub-culture
Definition
the set of informal values which characterize the police force as a district community with a common identity.
Term
police corruption
Definition
the abuse of police authority for personal or organizational gain
Term
"prince of the city"
Definition
NYPD officer who agreed to testify only if he could protect his partners, but was eventually forced to testify against all of them
Term
4 types of police corruption
Definition
gratuities, graft, sexual harassment, excessive force
Term
gratuities
Definition
items of value received by an individual because of his or her role or position, rather than because of a personal relationship with the giver
Term
graft
Definition
the exploitation of one's role by accepting bribes or protection money
Term
excessive force
Definition
when use of force exceeds that which is necessary to accomplish their lawful purpose
Term
noble cause corruption
Definition
when an officer bends the rules to attain the "right" result
Term
"code of silence"
Definition
the practice of officers to not come forward when they are aware of the ethical transgressions of other officers
Term
what do 1983 lawsuits ensure?
Definition
Due process of law so that no one is deprived of their civil rights
Term
3 main impacts of corruption
Definition
1) credibility decreases
2) public fear/distrust
3) civil/criminal lawsuits
Term
internal affairs
Definition
the division in a police department that investigates officers who are guilty of wrong-doing
Term
what happens when there is department-wide corruption?
Definition
the FBI steps in and investigates
Term
US judicial review
Definition
reviews the actions of police in areas such as arrests, search and seizure, etc. to ensure constitutionality
Term
Knapp commission
Definition
the early commission created to investigate allegations of widespread corruption of the NYPD
Term
which commission replaced the Knapp commission?
Definition
Moline
Term
What are the police training standards in MN?
Definition
Minnesota Peace Officer's Standards and Training Licensing Board
Term
police working personality
Definition
the way police look at the world; their behavior while they carry out their missions, strategies, the law.
Term
FBI
Definition
the federal agency charged with investigations for the Attorney General and with safeguarding national security
Term
deadly force
Definition
amount of force that could cause death or serious bodily injury
Term
1983 lawsuit
Definition
a civil suit brought under title 42, section 1983 of the US code against anyone who denies others their constitutional right to life, liberty, or property without due process of law
Term
City of Canton, OH v. Harris
Definition
Harris was arrested and not given the proper medical treatment--blamed on "failure to train" liability
Term
the Federal Law Enforcement Training Center is located where?
Definition
Georgia
Term
Glik v. Cunniffe
Definition
a citizen with a cell phone camera has the 1st amendment right to record police actions in public places
Term
police professionalism
Definition
increasing formalization of police work and the accompanying rise in public acceptance of the police
Term
racial profiling
Definition
allegations that police search and seizures, traffic stops, field interrogations, and arrests are based on non behavioral factors related to race or ethnicity rather than suspicious behavior or probable cause
Term
Federal Tort Claims Act
Definition
grants broad immunity to federal government agencies engaged in discretionary activities
Term
tactical intelligence
Definition
gaining or developing information related to threats of terrorism or crime and using this information to apprehend offenders, harden targets, and use strategies that will eliminate or mitigate the threat
Term
5 basic elements of the Federal Deadly Force Policy
Definition
defense of life, verbal warnings, vehicles, fleeing suspect, warning shots
Term
civil liability
Definition
allows the plaintiff to recover damages from the defendant
Term
less-lethal weapon
Definition
designed to disable, capture, or immobilize, but not kill
Term
Board of County Commissioners of Bryan County OK v. Brown
Definition
Supreme court ruled that in order to establish liability, plaintiffs must show that municipal action was deliberately indifferent
Term
meat eating
Definition
active seeking of illicit money-making opportunities by officers
Term
intelligence-led policing
Definition
collection and analysis of info to produce an intelligence end product
Term
strategic intelligence
Definition
assessments of trends or developments of near or long-term importance to the US
Term
Hunter v. Bryant
Definition
warrantless arrest--law enforcement officials who reasonably, but mistakenly misuse probable cause are entitled to immunity
Term
police use of force
Definition
the use of physical restraint by a police officer when dealing with a member of the public
Term
grass eaters
Definition
officers who accept payoffs that police work brings their way
Term
criminal intelligence
Definition
the information compiled, analyzed, and disseminated in an effort to anticipate, prevent, or monitor criminal activity
Term
police ethics
Definition
the special responsibility to adhere to moral duty and obligation that is inherent in police work
Term
excessive force
Definition
the application of an amount of force greater than that required to compel compliance from a willing or unwilling subject
Term
abuse of authority
Definition
acts of corruption that occur to further the organizational goals of law enforcement
Term
Tennessee v. Garner
Definition
supreme court case that specified the conditions under which deadly force could be used to apprehend a suspected felon
Term
what is the hierarchy of the federal court system?
Definition
1) district courts
2) court of appeals
3) supreme court
Term
what is the hierarchy of state courts?
Definition
1) trial courts of limited/general jurisdiction
2) appellate courts
3) state supreme court
Term
jurisdiction
Definition
geographical area that uses the same set of laws
Term
original jurisdiction
Definition
courts in which lawsuits begin, trials take place, and evidence is presented
Term
appellate jurisdiction
Definition
the lawful authority of a court to review a decision made by a lower court
Term
magistrate judges
Definition
judges who support federal district judges by hearing and deciding minor cases at the district court level
Term
information
Definition
formal written accusation submitted to a court by a prosecutor, alleging that a specified person has committed an offense
Term
local rules
Definition
rules that govern practice and proceedings in a specific state court
Term
nolo contendre
Definition
a plea of no contest that subjects the defendant to punishment but is not an admission of guilt
Term
forfeiture hearings
Definition
held before a bond; defendant intends to avoid prosecution
Term
trial courts
Definition
where criminal cases begin
Term
preliminary hearing
Definition
a proceeding before a judicial officer in which 3 matters must be decided: crime, jurisdiction, reasonable suspicion
Term
lower courts
Definition
authorized to hear only less serious criminal cases
Term
plea
Definition
in criminal proceedings, the defendant's formal answer in court to the charge
Term
release of recognizance
Definition
defendant agrees in writing to appear at future proceedings, but no money is involved
Term
plea bargaining
Definition
an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence in comparison to the sentence allowable for the charged offense
Term
what are the 4 components of the first appearance?
Definition
1) formal charges
2) advised of rights
3) lawyer??
4) bail??
Term
trial de novo
Definition
a new trial or retrial at an appellate court in which the entire case is examined as though no trial had occurred
Term
US v. Hazzard
Definition
held that congress was justified in providing denial of bail to offenders who represent a danger to the community
Term
probable cause hearing
Definition
a hearing to determine whether there is a direct link between a suspect and a crime
Term
federal courts
Definition
created by the US constitution to settle disputes between states and to have jurisdictions in cases where one of the parties is a state
Term
bail bond
Definition
a document guaranteeing the appearance of a defendant in court involving money/property
Term
indictment
Definition
charging an individual with a specific crime as determined as probable cause by prosecuting attorney
Term
property bonds
Definition
substitute items of value in place of cash
Term
writ of certiorari
Definition
a request for the supreme court to order up the records from a lower court to review the case
Term
appeal
Definition
the request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and reverse or modify it
Term
arraignment
Definition
a criminal proceeding at which the court informs the defendant of the charges being brought against them and defendant enters plea
Term
community courts
Definition
low level courts focused on quality of life crimes and emphasize problem solving rather than punishment
Term
courts of last resort
Definition
the court authorized by law to hear the final appeal on a matter
Term
danger law
Definition
a law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community
Term
remanded
Definition
when an appellate court finds an error in a case
Term
grand jury
Definition
group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial
Term
judicial review
Definition
the power of a court to review actions and decisions made by other agencies of government
Term
trial
Definition
the examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant
Term
judge
Definition
an elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials
Term
hearsay
Definition
2nd hand testimony
Term
expert witnesses
Definition
have a specialized body of knowledge and therefore can draw conclusions based on evidence
Term
reasonable doubt
Definition
the standard of proof in a criminal case that refers to the degree of legal certainty required for a juror to find a criminal defendant guilty
Term
what are the 8 stages of trial chronology?
Definition
1) initiation
2) jury selection
3) opening statements
4) evidence
5) closing arguments
6) judge's charge to the jury
7) jury deliberations
8) verdict
Term
prosecutor
Definition
an attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses
Term
bailiff
Definition
an officer of some US courts who usually serves as a messenger or usher, who keeps order at the request of the judge
Term
assigned counsel
Definition
lawyers appointed from a list of private bar members who accept cases on a court-by-court basis
Term
defense counsel
Definition
a licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent them before a court of law
Term
peremptory challenge
Definition
challenge juror without reason
Term
lay witnesses
Definition
individuals whose testimony is limited to the facts as personally observed
Term
change of venue
Definition
trial may be moved to another location if publicity makes an impartial jury difficult to secure
Term
circumstantial evidence
Definition
evidence that requires interpretation or the judge/jury to reach a conclusion based on what the evidence indicates
Term
public defender
Definition
an attorney employed by the government to represent indigent defendants
Term
perjury
Definition
intentional making of a false statement as part of the testimony by a sworn witness
Term
direct evidence
Definition
establishes proof of a fact without any other evidence
Term
hearsay rule
Definition
testimony that was not directly given by the author cannot be used in a trial
Term
closing arguements
Definition
the final presentation of arguments to the jury
Term
motion
Definition
an oral or written request made to the court at any time, asking the court to make a specified finding, decision, or order
Term
exculpatory evidence
Definition
evidence that proves the defendant is innocent
Term
verdict
Definition
a unanimous decision of the jury-- guilty, not guilty, hung jury
Term
testimony
Definition
the answers someone gives under oath
Term
appellate jurisdiction
Definition
the lawful authority of a court to review a decision made by a lower court
Term
sentencing
Definition
the judge decides the punishment
Term
retribution
Definition
focus on individual-- revenge
Term
just desserts
Definition
notion that criminal offenders deserve the punishment they receive and that punishments should be appropriate to the type and severity of the crime committed
Term
incapacitation
Definition
used to reduce the likelihood that a particular offender will commit more crimes
Term
mitigating circumstances
Definition
factors that tend to lessen the seriousness of an offense
Term
alternative sentencing
Definition
the use of court-ordered community service, home detention, etc. in lieu of other more traditional sanctions, like prison or fines
Term
gain time
Definition
number of years deducted due to participation in special programs and projects
Term
aggravating circumstances
Definition
circumstances attending a crime that increase its guilt or enormity
Term
general deterrence
Definition
severely punishing an offender so that they will serve as an example to others
Term
capital offense
Definition
criminal offense punishable by death
Term
structured sentencing
Definition
a model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines
Term
social debt
Definition
the severity of punishment should take into account the offenders prior criminal behavior
Term
equity
Definition
similar crimes need similar punishments
Term
rehabilitation
Definition
the attempt to reform a criminal offender
Term
mandatory sentencing
Definition
sentencing in which a specified minimum number of years of imprisonment is specified for particular crimes
Term
good time
Definition
a reduction of a prison sentence for good behavior
Term
presumptive sentencing
Definition
the appropriate sentence for an offender convicted of a specific charge is presumed to fall within a range of sentences authorized by sentencing guidelines
Term
truth in sentencing
Definition
a close correspondence between the sentence imposed on an offender and the time actually served in prison
Term
capital punishment
Definition
the death penalty
Term
consecutive sentences
Definition
on following after the other
Term
restorative justice
Definition
attempt to make the victim whole again
Term
proportionality
Definition
a sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed
Term
determinate sentencing
Definition
requires that a convicted offender be sentenced to a fixed term that may be reduced by gain or good time
Term
specific deterrence
Definition
the offender is deterred from committing another crime
Term
writ of habeas corpus
Definition
prevent unjust arrests and imprisonments
Term
diversion
Definition
a procedure where a juvenile is removed from the justice process and provided with treatment services
Term
indeterminate sentencing
Definition
encourages rehabilitation through the use of general and relatively unspecific sentences
Term
victim impact statement
Definition
victims or those affected by the crime are allowed to read a statement about how the crime has affected them at a sentencing hearing
Term
community corrections
Definition
the use of a variety of officially ordered program-based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence
Term
probation
Definition
when the court releases a person to live in the community with certain rules
Term
parole
Definition
the early release of a prisoner from imprisonment, subject to conditions
Term
prisoner reentry
Definition
the process of an inmate leaving prison and returning to the community
Term
what is the most common form of criminal sentencing?
Definition
probation
Term
shock probation
Definition
person goes to prison for short period of time and is then released on probation so they get a taste of prison life
Term
recidivism
Definition
repeat offending
Term
discretionary release
Definition
parole decided by parole board
Term
mixed sentence
Definition
a sentence that requires a convicted offender to serve weekends in a confinement facility, while undergoing probation supervision in the community
Term
split sentence
Definition
a sentence explicitly requiring the offender to serve a period of confinement in a local, state, or federal facility, followed by a period of probation
Term
intermediate sanctions
Definition
the use of split sentencing, shock probation/parole, or mixed sentencing
Term
intensive probation supervision
Definition
the strictest form of probation for adults in the US
Term
juvenile
Definition
a youth at or below the upper age of juvenile court jurisdiction in a particular state
Term
parens patriae
Definition
the state as the parent
Term
delinquent child
Definition
a minor who has committed an act that would be a crime if committed by an adult
Term
adjudicatory hearing
Definition
the process in which a juvenile court determines whether the allegations in a petition are supported by evidence
Term
intake
Definition
1st step in the decision if a juvenile has broken the law and if a case should be opened in the juvenile court
Term
in re gault
Definition
juveniles require due process rights
Term
dependent child
Definition
a child who has no parents to care for him or her
Term
Kent v. US
Definition
first decision to extend due process to children in juvenile courts
Term
juvenile petition
Definition
document filed in juvenile court alleging that a juvenile is a delinquent, a status offender, and asking the court to assume jurisdiction or to have them transferred to adult court
Term
status offenses
Definition
violations of the law that pertain to minors but not adults
Term
neglected child
Definition
a child that doesn't receive proper physical or psychological care from parents
Term
prison capacity
Definition
the size of the correctional population an institution can effectively hold
Term
rated capacity
Definition
the size of the inmate population a facility can handle according to the judgement of experts
Term
design capacity
Definition
maximum rate of output for which the facility was originally constructed
Term
operational capacity
Definition
the number of inmates the prison can actually support
Term
ADMAX
Definition
administrative maximum - highest security prison
Term
jail
Definition
a facility that holds convicted offenders pending trial
Term
Rhodes v. Chapman
Definition
court case that ruled that overcrowding by itself is not cruel and unusual punishment
Term
which jurisdictions have the largest prison populations?
Definition
LA county and NYC
Term
classification system
Definition
a system used by prison administrators to assign inmates to custody levels based on offense history, assessed danger, etc.
Term
collective incapacitation
Definition
a strategy that would imprison almost all serious offenders in states that rely on predetermined or fixed sentences for given offenses
Term
selective incapacitation
Definition
identify the most dangerous criminals with the goal of removing them from society
Term
Federal Bureau of Prisons (BOP)
Definition
an agency within the US department of justice charged with housing and managing federal law offenders
Term
trial courts operate under the __________ process.
Definition
adversarial
Term
the US supreme court has ______ justices
Definition
9
Term
what is another name for lower courts?
Definition
courts of limited jurisdiction
Term
US district courts are also known as:
Definition
trial courts
Term
the ______ is the process where the prosecutor and the defense attorneys question potential jurors
Definition
voir dire process
Term
which courtroom professional wields the most power?
Definition
prosecutor
Term
real evidence
Definition
evidence that consists of physical material
Term
direct evidence
Definition
evidence that if believed directly proves a fact
Term
subpoena
Definition
a written order issued by a judicial officer or grand jury requiring an individual to appear in court and give testimony or bring material to be used as evidence
Term
in re fault doesn't afford which right to juveniles?
Definition
speedy trial
Term
Miller v. Alabama
Definition
determined that a mandatory sentence of life imprisonment without possibility of parole for juveniles who commit murder violates the 8th amendment
Term
which state established the first juvenile court?
Definition
illinois
Term
which state first made a distinction between adult and juvenile court?
Definition
Massachusetts
Term
3 types of child abuse
Definition
physical, emotional, sexual
Term
T/f: an officer is required to get parental consent before questioning a juvenile
Definition
false
Term
The horizontal axis of MN's sentencing guidelines grid represents:
Definition
the offender's criminal history score
Term
The vertical axis of MN's sentencing guidelines grid represents:
Definition
the severity of the offense
Term
Georgia was the first state to implement this form of corrections:
Definition
intensive probation supervision
Term
community service programs began in:
Definition
MN
Term
Probation or parole work consists primarily of _____ functions
Definition
4
Term
2 types of aggravating circumstances
Definition
weapon use, prior criminal history
Term
Probation is a _________ strategy
Definition
sentencing
Term
Parole is a ___________ strategy
Definition
correctional
Term
state with the lowest imprisonment rate
Definition
maine
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