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Introduction to Criminal Justice
Chapter 1
41
Criminal Justice
Undergraduate 1
09/12/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term

Critics argues that the news media has dual obligations:

 

What are those dual obligations?

Definition

1.       To present news that reflects a more balanced picture of the overall crime problem.

 

2.       To reduce their presentation of sensational crimes, especially when such crimes are shown not so much to inform as to pander to the public’s curiosity and its simultaneous attraction and repulsion to heinous crimes.

Term

True or False: 

 

What the media presents for the most part, misleads the public about the nature of the crime.

Definition
True
Term
What is criminal justice?
Definition

Criminal justice is an institution of social control in the United States.

 

 

Term
What makes up the Criminal Justice System?
Definition
The police, courts, and corrections
Term

Define:

 

Jurisdiction

Definition

A politically defined geographical area.

·         Ex. A city, a county, a state, or a nation

Term

A less serious crime generally punishable by a fine or by incarceration in jail for not more than 1 year.

Definition
Misdemeanor
Term

Define:

 

Felony

Definition

A serious offense punishable by confinement in prison for more than 1 year or by death.

Term

The seizing and detaining of a person by lawful authority.

Definition

Arrest

Term

Define: 

 

Booking

Definition

The administrative recording of the arrest.

·         It typically involves entering the suspect’s name, the charge, and perhaps the suspect’s fingerprints and/ or photograph in the police blotter.

Term

Define: 

 

Defendant

Definition

A person against whom a legal action is brought, a warrant is issued, or an indictment is found.

Term
What happens after a suspect has been arrested and booked?
Definition

After a suspect has been arrested and booked, a prosecutor reviews the facts of the case and available evidence and decides whether to charge the suspect with a crime or crimes or release the suspect (if no charges are filed).

Term

A pretrial stage in which a defendant is brought before a lower court to be given notice of the charge(s) and advised of her or his constitutional rights.

Definition

Initial appearance

Term

Define:


Summary trial

Definition

An immediate trial without a jury.

·         In the case of a misdemeanor or an ordinance violation.

Term

Define:

 

Probable cause

Definition

A standard of proof that requires evidence sufficient to make a reasonable person believe that, more likely than not, the proposed action is justified.

Term

Usually a monetary guarantee deposited with the court to ensure that suspects of defendants will appear at a later stage in the criminal justice process. 

Definition

Bail

Term
In states that do not utilize preliminary hearings, an _____________ is scheduled at the initial appearance
Definition
Arraignment date
Term

True or False

 

Preliminary hearings are used in both misdemeanor and felony.

Definition
False
Term

In a felony case, a pretrial stage at which a judge determines whether there is probable cause.

·         If the judge finds probable cause, the defendant is bound over for possible indictment in a state with grand juries or for arraignment on a document call a(n) ___________ in a state without grand juries. 

Definition
 Information
Term

Define:

 

Arraignment:

Definition

A pretrial stage to hear the information or indictment and allow a plea.

Term
What percentage of criminal defendants take the plea bargain?
Definition

About 95% of criminal defendants plead guilty to the charges against the (plea bargaining).

 

Term

Define:

 

Plea bargain: 

Definition

The practice whereby a specific sentence is imposed if the accused pleads guilty to an agreed-on charge or charges instead of going to trial. 

Term

A trial before a judge without a jury.

Definition
Bench trial
Term

True or False:

 

The prosecutor decides whether a defendant gets a bench trial or jury trial

Definition

False

 

 

Term
What are the 5 general types of punishments used in the US?
Definition

  Fines

Probation

Intermediate punishments

Imprisonment

Death

Term

A sentence in which the offender, rather than being incarcerated, is retained in the community under the supervision of a probation agency.

Definition
Probation
Term
Is the judge free to set any sentence?
Definition
As long as a judge imposes one or a combination of the five punishments and the sentence length and the type are within statutory limits, the judge is free to set any sentence.
Term

True or False:

 

Defendants who are found guilty can not appeal their convictions either on legal grounds or on constitutional grounds.

Definition
False
Term

What court can modify the verdict of the lower court without totally reversing it, reverse the verdict of the lower court, or reverse the decision and remand the case to the court of original jurisdiction for either a retrial or resentencing.

Definition
The appeallate court 
Term

True or False:

 

A defendant sentenced to prison may be eligible for parole (in those jurisdictions that grant parole).

Definition
True
Term

Define:

 

Parole

Definition

The conditional release of prisoners before they have served their full sentences.

·         The decision to grant parole is made by a parole board.

Term
What are the two value systems (models) of the operation of criminal justice?
Definition
The crime control model and the due process model.
Term

True or False:


The primary function of the due process model is the efficiency of the criminal justice process. 

Definition
False
Term
What is the primary function of the crime control model?
Definition
Efficency and finality.
Term

Finish this statement:

 

Politically, the crime control model..

Definition
reflects traditional conservative values.
Term

Finish this statement: 

 

Politically, the due process model..

Definition
Embodies traditional liberal values.
Term

True or False:


To increase efficiency, crime control advocates prefer plea bargaining as they can be offered and accepted in a relatively short period of time.

Definition
True
Term

The due process model is based on what?

Definition
The doctrine of legal guilt and the presumption of innocence.
Term

In the due process model, the factual guilt of suspects is determined before the suspects have had a full opportunity to discredit the charges against them.

Definition
False
Term
Name three conditions of legal guilt:
Definition

Ø  Freedom from unreasonable searches and seizures.

Ø  Protection against double jeopardy.

Ø  Protection against compelled self-incrimination.

Ø  A speedy and public trial.

Ø  An impartial jury of the state and district where the crime occurred.

Ø  Notice of the nature and cause of the accusation.

Ø  The right to confront opposing witnesses.

Ø  Compulsory process for obtaining favorable witnesses.

Ø  The right to counsel.

Ø  The prohibition of cruel and unusual punishment.

Term

Define:

 

Myths

Definition

Beliefs based on emotion rather than analysis.

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