Term
| What are the four models which are used to analyze the Criminal Justice System? |
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Definition
Consensus Model
Conflict Model
Due Process
Crime Control |
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Term
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Definition
| Perspective that assumes that the stytem’s components work together harmoniously to achieve the social product we call justice. |
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Term
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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. |
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Term
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Definition
| Perspective that emphasizes individual rights at all stages of justice system processing. |
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Term
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Definition
| Perspective that emphasizes the efficient arrest and conviction of criminal offenders. |
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Term
| Overview of Criminal Justice Process |
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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 |
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Term
| What are the standards of proof? |
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Definition
Reasonable suspicion
Probable cause
Proof beyond reasonable doubt |
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Term
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Definition
Dispel Suspicious
Activity
Stop
Detain
Frisk |
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Term
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Definition
Arrest
Search
Seize
Charge
Use Deadly Force |
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Term
| What can you do with PBRD? |
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Definition
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Term
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Definition
| A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases. |
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Term
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Definition
Scientific study of
Causes
Rates
Punishment and rehabilitation
Prevention of crime |
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Term
| What is the Bill of Rights? |
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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 |
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Term
| What major components constitute the criminal justice system? |
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Definition
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Term
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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. |
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Term
| What is the PC Crime equation |
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Definition
Actus Rea - Mens Rea - Concurrence - Causation - Harm in violation of a Criminal law
Without defense or justification |
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Term
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Definition
Self-defense (justification)
Insanity (excuse)
Entrapment (procedural) |
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Term
| What is the difference between intent and motive. |
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Definition
Intent merely proves that someone meant to do something.
Motive was their reason. |
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Term
| When do you have to prove motive? |
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Definition
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Term
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Definition
| Punishable by death or incarceration for at least one year. Include rape, aggravated assault, robbery, buglery and arson. |
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Term
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Definition
| Punishable by incarceration typically less than one year. Include petty theft, simple assault, breaking and entering, disorderly in public, disturbing the peace etc. |
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Term
| What is an inchoate crime? |
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Definition
| An offense not yet completed. Consists of actions taken towards an offense. |
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Term
| Who does the 4th Amendment protect? |
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Definition
| U.S. Citizens (USC) inside/outside U.S. Non USCs in the U.S. (to large extent) |
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Term
| Whose actions are restricted by the 4th Amendment? |
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Definition
Restricts State/Government Action
Anyone acting on behalf of the Government |
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Term
| When does the 4th Am's restrictions become applicable? What is REP? |
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Definition
Protects People not places
Two part test
Subjective - individual
Objective – Society |
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Term
| What is the 4th Am's. general rule? |
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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 |
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Term
| What really is probable cause? - as opposed to RS and PBRD? |
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Definition
Facts
And Reasonable Inferences therefrom |
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Term
| What are the exceptions to the exclusionary rule? |
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Definition
Impeachment
Good Faith
Inevitable Discovery
Non constitutional violations (Knock and Announce)
Public Safety Exception
Un-Mirandized voluntary statement leading to evidence recovery |
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Term
| What is one exception to the 4th Am's. general rule? |
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Definition
Fourth Waiver:
No REP
Not a 4th Amendment search
No warrant
No PC |
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Term
| Difference between police and sheriff |
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Definition
Police appointed
Sheriff elected |
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Term
| Indictment vs. Information |
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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. |
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Term
| What is the exclusionary rule for? |
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Definition
| To deter police misconduct. |
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Term
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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 |
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Term
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Definition
| Violent Personal and Property Crimes |
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Term
| Three systems of policing |
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Definition
Watchman (concern for order maintenance)
Legalistic
Service |
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Term
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Definition
Authority (local, state, federal)
Geographical
Investigative
that a court or justice agency has power over. |
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Term
| What factors have affected the CJS in the last 40 years? |
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Definition
Diversity in the Criminal Justice system
Computers/Internet/Technology
Terrorism
Civil Liberties
Patriot Act |
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Term
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Definition
| Act or Omission related to the behavior or harm criminalized in the statute |
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Term
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Definition
Criminal intent
“guilty mind”
to act
Intentionally
Knowingly
Recklessly
Criminally Negligent |
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Term
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Definition
The coexistence of
1.) Act in violation of the law, and
2.) A culpable mental state |
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Term
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Definition
“But For”……..(the action), the harm in violation of the statute would not have occurred
Reasonably foreseeable |
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Term
| What is the insanity defense? |
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Definition
| A legal defense based on claims of mental illness or incapacity. |
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