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Chaps. 1-5
Exam 1
33
Criminology
Undergraduate 2
09/28/2009

Additional Criminology Flashcards

 


 

Cards

Term
substantive criminal law
Definition

Law that defines acts subject to punishment and specifies the punishments for such offenses.

Term
Procedural Criminal Law
Definition

law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and corrections.

Term
Bill of Rights Ammendments that are related to criminal justice
Definition
4, 5, 6, 8, 14
Term
Fourth Ammendment
Definition

"Protection against unreasonable searches and seizures"

-Bars unreasonable searches/arrests

-limits ability of police to search person/property for evidence, to detain person w/o justification, to prevent an individual from leaving a location

-DOES NOT prevent police from making arrests/conducting searches completely

Term
Fifth Amendment
Definition

"Protection against self-incrimination and double jeopardy" (also the right to due process)

-Self-incrimination: authorities can't force you to act as a witness against yourself; prevents torture for evidence

-Double jeopardy: prevents people from having to go through more than one prosecution/punishment for the same crime in the same jurisdiction

Term
Sixth Amendment
Definition

"The right to counsel, to a speedy/fair trial, and to a jury trial"

-Right to counsel: right to be provided attorney for state trials (already official for federal trials) UNLESS the punishment is only a fine.

-Right to speedy/public trial: don't have to stay in jail forever; AND judges/juries act  in accordance with law since they announce decisions in public.

-Right to impartial jury: citizens play role in court decisions; selected randomly over a wide base of people

Term
Eighth Amendment
Definition

"Protection against excessive bail, excessive fines, and cruel and unusual punishment"

-place limit on how high bail can be, doesn't eliminate it

-ensures that punishments aren't disproportional to offense; can't inflict physical/psychological pain.

Term
Fourteenth Amendment
Definition

"Protection against the violation of people's right to due process of the law and denial of the state's constituents to equal protection of the laws"

-Fundamental fairness: as long as state's conduct maintains basic standards of fairness, const. not violated.

-Due Process: states have to abide by specific provisions of BoR.  Through incorporation, warren court made 4,5,6, and 8 part of due process clause of this amendment.

-Criminal justice officials in federal, state, and local levels forced to respect const. rights of suspects/defendants.

Term
Crime Victimization Depending on Where You Live
Definition

-cities w/ a lot of people (tons of businesses/residencies. -the greater the opportunity, the greater the probability for crime to occur -urban>suburban>rural -this is so because greater anonymity, no personal space (everyone close together), drugs, heat/frustration/anger

Term
Characteristics to Police Subculture
Definition

1. the working personality - set of emotional/behavioral characteristics developed by members of an occupational group in response to work situation. Danger: officers always on lookout and may appear suspicious. Need to exert authority: feel they need to "earn" respect from peers which can lead to excessive force.

2. police morality - can lessen dilemmas of work by justifying actions with: upholding the law, protecting society, and chasing the "bad guys".

3. isolation of the police - believe public is hostile toward them so they isolate themselves from public and hang out with other officers/family.

4. stress involved in police work - affects how they treat civilians and decreases their health.

 

Term
Clearance Rate
Definition

-the percentage of crimes known to the police that they believe they have solved through arrest; a statistic used to measure a police department's productivity.

Term
Police Discretion
Definition

-police have power to deprive ppl of their liberty, to arrest them, to take them into custody, and to use force to control them.

- must use ____ to make choices in ambiguous situations as to how and when to apply the law according to five factors:

1. nature of crime

2. relationship b/w criminal and victim

3. relationship b/w police and criminal

4. race/ethnicity, age, gender, class

5. departmental policy

Term
Police Providing Social Services
Definition
have duty to provide first aid, rescue animals, help the disoriented, etc...
Term
Hate Crime
Definition
bias-motivated offenses that target people for their race, religion, sexual orientation, gender, ethnicity, or disability
Term
Cyber Crime
Definition
offenses that involve the use of one or more computers
Term
Visible Crime
Definition
an offense against persons or property, committed primarily by members of the lower class. aka "street crimes" or "ordinary crimes"; most upsetting to public. i.e. murder, rape, etc...
Term
Occupational Crime
Definition
Criminal offenses committed through opportunities created in a legal business of occupation. (i.e. money laundering)
Term
Victimless Crime
Definition
offenses involving a willing and private exchange of illegal goods or services that are in strong demand.  Participants don't feel they are harmed, society as a whole is harmed. i.e. drug dealing, prostitution, etc...
Term
Who administers/operates prisons, jails, and other corrections facilities and programs?
Definition
federal/state/local/county governments
Term
How is crime defined? How is law institutionally defined?
Definition

-law vs. ideology

-crimes are defined by society who make choices about the behaviors that the gov't will punish.

-two types of crime: mala in se and mala prohibita

- laws can change views on acts based on society's values.

i.e. gambling used to be illegal, now it's not.

-courts can also change the definitions of crimes when criminalization of specific actions violates people's const. rights.

 

Term
Warrant
Definition
a court order authorizing police officers to take certain actions; for example: to arrest suspects or to search premises
Term
Federalism
Definition
a system of gov't in which power is divided between a central (national) gov't and regional (state) gov'ts.
Term
Exchange
Definition

a mutual transfer of resources

i.e. plea bargaining

Term
Deterence
Definition

general - prosecutions

specific - fines/warnings

Term
Arrest
Definition
the physical taking of a person into custody on the grounds that there is reason to believe that he has committed a crime.
Term
Mala in se
Definition
offenses wrong by nature (i.e. murder, rape, etc...)
Term
Mala Prohibita
Definition
offenses prohibited by law but not wrong in themselves (i.e. running a red light)
Term
Criminal Justice Wedding Cake
Definition

"Layer 2: the serious felonies"

violent crimes committed by people with long term criminal records against victims unknown to them.

Term
How are the components of criminal justice best described?
Definition
as a system
Term
Goals of the CJ System
Definition
Doing justice, preventing crime, and controlling crime
Term
What is the consensus on how to deal with the problems of crime?
Definition
there isn't a consensus.
Term
What generally contributes to fear of crime?
Definition

1. media/tv

2. personal communication

3. politicians ("crime is on the rise")

Term
organized crime
Definition
a framework for the perpetuation of criminal acts - usually in fields such as gambling, drugs, and prositituion - providing illegal services that are in great demand.
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