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Chp 1-8
Criminal Justice, Planning, The Courts
112
Criminal Justice
Undergraduate 1
10/09/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
Criminal Justice
Definition
The collectivity of crime control practices, philosophies, and policies used by the police, courts, and corrections to achieve their missions and functions od due process and crime control. 
Term
Criminal Justice System 
Definition
A series of decision points (the criminal justice structure) and the decision making criminal justice process, which takes place in the government crime control agencies
Term
Hydraulic Effect 
Definition
The shifting of discretionary decision making from one agency to another. 
Term
Formal decision making
Definition
Decision making "by the book"
Term
Informal Decision Making 
Definition
decision making "in action"
Term
Discretionary Decision Making
Definition
Decision making according to the judgments of criminal justice professionals guided by their education, training, and experience in the field. 
Term
Legitimate decision making criteria
Definition
Criteria that produce legal, fair, and smart decisions. 
Term
Discriminatory decision making criteria
Definition
Criteria that influence decision making to produce illegal, discriminatory, and harmful decisions. 
Term
Felonies
Definition
Crimes that can send conviced offenders to prison for a year or more
Term
Crime Control Model
Definition
A model of criminal justice that focuses on the need to protect people and their property. 
Term
Presumption of Guilt
Definition
The belief that people caught up in criminal justice that are probably guilty. 
Term
Due Process Model
Definition
A criminal justice model founded on the principle that it is more important to guarantee the rights of individuals to fair procedures than to catch criminals 
Term
Fair Procedures
Definition
decision making according to formal rules growing out of the Bill of Rights and the due process clauses of the US Constitution and state consitutions. 
Term
Adversary Process
Definition
Getting the truth by fighting in court according to the formal rules of criminal procedure. 
Term
Presumption of Innocence
Definition
The burden upon government to justify its use of power even against people who turn out to be guilty. 
Term

Due Process Revolution

 

Definition
A period in the 1960s during which the US Supreme Court extended the interpretation of the Bill of Rights to apply to state as well as federal criminal proceedings
Term
Consensus View
Definition
People agree on the nature of social harms using social morality to determine rights and wrongs 
Term
Conflict View
Definition
different interest groups define social harm according to who has the power to define the laws and social harms at any given point in time
Term
Uniform Crime Reports (UCR)
Definition
official statistics of crimes known to the police, collected by the FBI and published annually as Crime in the United States
Term
Part 1 Offenses
Definition
serious crimes, like murder, forcible rape, robbery, aggravated assault, burglary, theft, motor vehicle theft, and arson
Term
Part 2 Offenses
Definition
minor crimes, like vandalism, vagrancy, public drunkenness, gambling, disorderly conduct, and driving under the influence
Term
Crime Index
Definition
summary of raw numbers of crimes and crime rates
Term
Crime Rates
Definition
the number of crimes reported for every 100,000 people
Term
Dark Figure of Crime
Definition
 the unknown number of crimes
Term
National Incident Based Reporting System (NIBRS)
Definition
new system of incident-based reporting that replaced reporting based on summaries
Term
Incident Based Reporting
Definition
the collection of detailed information about individual cases by local law enforcement agencies for each offense
Term
National Crime Victimization Survey (NCVS)
Definition
an annual survey that collects detailed information about violent and property crimes and publishes it in Criminal Victimization in the U.S
Term
Self Reports
Definition
surveys of special groups in the general population about their delinquent acts
Term
Correlation
Definition
observable phenomena that tend to vary with each other systematically
Term
Classical (utilitarian) Theories
Definition
theories based on free will and reason
Term
Positivist Theories
Definition
theories based on determinism or forces beyond individual control
Term
Determinism
Definition
forces beyond individual control
Term
Social Conflict Theories
Definition
the idea that crime is whatever the law says it is, and so the focus of social conflict theories is on lawmakers and law enforcers instead of lawbreakers
Term
Rational Choice Theory
Definition
individuals make decisions according to what they believe is in their self-interest
 
Term
Routine Activites Theory
Definition
a focus on the influence of the location of targets and movements of offenders and victims in time and space on decision making by criminals
 
Term
Social Structure Theories
Definition
explain the link between individual criminal behavior, social class, and structural conditions like poverty, unemployment, and poor education
Term
Anomie Theory
Definition
crime results from the breakdown of social norms
Term
Strain Theory
Definition
American culture defines goals, which the social structure blocks many members of the lower classes from achieving
Term
Social Process Theories
Definition
explanations of crime based on the interactions among members of families, peer groups, schools, churches, neighborhoods, and other social institutions
Term
Social Learning Theories
Definition
individuals learn behavior from others
Term
Social Control Theory
Definition
individuals are rule breakers by nature
Term
Labeling Theory
Definition
criminal behavior is learned by being labeled a criminal by the criminal justice system
Term
Conflict Theory
Definition
conflict is the normal state of society and social control requires active constraint, sometimes in the form of coercion
Term
Criminal Law
Definition
tells private individuals what behavior is a crime and lays down the punishment for it
Term
Criminal Procedure
Definition
tells government officials the extent and limits of their power to enforce the criminal law, and it sets out the consequences for illegal official actions
Term
Damages
Definition
money for personal injuries awarded by courts
Term
Defense of Alibi
Definition
defendants have to prove they couldn't have committed the crime because they were somewhere else when the crime was committed
Term
Defenses of Excuse
Definition
defendants admit what they did was wrong but argue that, under the circumstances, they weren't responsible for their actions
Term
Defenses of Justification
Definition
defendants admit they're responsible for their actions, but argue that, under the circumstances, their actions were justified
Term
Due Process
Definition
the right to fair procedures
Term
Entrapment
Definition
efforts by law enforcement officers to get people to commit crimes
Term
Equal Protection of the Laws
Definition
criminal laws can only treat groups of people differently if the different treatment is reasonable
Term
Ex Post facto Clause
Definition
clause in the U.S. Constitution that bans retroactive criminal laws
Term
Factual Cause
Definition
the result wouldn't have happened if it weren't for the defendant's actions
Term
Felonies
Definition
capital felonies are crimes punishable by death or life imprisonment; ordinary felonies are crimes punishable by one year or more in prison
 
Term
Irresistable Impulse Test
Definition
a test of insanity that focuses on whether mental disease affected the defendants' willpower (their capacity to control their actions at the time of the crime)
Term
Knowing Intent
Definition
you know you're committing an act or causing a harm, but you're not acting for that purpose
Term
Legal Cause
Definition
asks whether it's fair to blame defendants for the consequences of the chain of events their actions triggered
Term
Mala in Se
Definition
inherently evil behavior
Term
Mala Prohibita
Definition
behavior that is criminal only because the law defines it as a crime
Term
Misdemeanors
Definition
minor offenses (simple assaults and battery, prostitution, and disorderly conduct) punishable either by fines or up to one year in jail
Term
Negligent Intent
Definition
unconsciously creating an unreasonable risk of harm
Term
Principle of Economy
Definition
applying criminal law by relying on the least expensive or invasive response to misbehavior
Term
Purposeful Intent
Definition
(sometimes called specific intent) you did it and/or caused a criminal result on purpose
Term
Reckless Intent
Definition
consciously creating a risk of causing a criminal harm
Term
right-wrong test
Definition
an insanity defense focusing on whether a mental disease or defect impaired the defendants' reason so that they couldn't tell the difference between right and wrong
Term
Strict Liability Offenses
Definition
crimes without criminal intent
Term
Substantial Capacity Test
Definition
a test of insanity that focuses on whether a mental disease substantially impaired the reason and/or will of the defendants
Term
Torts (civil cases)
Definition
private personal injury actions
Term
Violations
Definition
crimes punishable by a small fine; they don't become part of your criminal history
Term
Void for Vagueness Doctrine
Definition
states that vague laws deny individuals life, liberty, and property
Term
Community Oriented Policing (COP)
Definition
a police strategy primarily concerned with establishing a working relationship with the community
Term
Constable/Night Watch System
Definition
a police system consisting of two elements-constables and night watch-in every local community
Term
Maintaining Order
Definition
a police mission in which police are supposed to do something right now to settle problems
Term
Military Model of Order
Definition
a system in which police departments are organized with a hierarchical command structure; decisions are made (orders are issued) by the chief at the top and are carried out by officers on the beat
Term
Municipal police Department System
Definition
a formalized police force responsible to a central office and on duty 24/7
Term
Proactive Policing
Definition
police attempt to prevent crime before it happens by going out looking for suspicious people and behavior
Term
Reactive Policing
Definition
officers respond only when called
Term
Reform Model of Policing
Definition
a system in which police are the gatekeepers to the criminal justice system; they focus on the criminal law enforcement mission
Term
CODIS (Combined DNA Index System)
Definition
a software program that operates databases of DNA profiles from convicted offenders, crime scene evidence from unsolved crimes, and missing persons
Term
Community Policing Strategy
Definition
a strategy based on the idea that the police can best carry out their missions by helping communities help themselves by getting at the causes of and finding solutions to community problems
Term
Community Oriented Policing (COP)
Definition
a police strategy primarily concerned with establishing a working relationship with the community
Term
crime attack strategies
Definition
police focus on specific types of suspicious people in specific places at specific times to prevent or interrupt crimes and arrest suspects for committing specific crimes
Term
differential response approach
Definition
an approach that varies police mobilization according to the type of crime
Term
displacement effect
Definition
crime moves to another location during crackdowns and comes back after the crackdown
Term
DNA
Definition
the building block for each individual's unique genetic makeup
Term
Follow up investigation
Definition
detectives conduct an investigation after the preliminary investigation by patrol officers
Term
incident reports
Definition
written reports describing what patrol officers found during preliminary investigations
Term
one size fits all approach to crime control
Definition
law enforcement reacts the same way to all crimes in all places at all times
Term
police crackdowns
Definition
sudden increases in police activity at particular places during hot days and times
Term
preliminary investigation
Definition
patrol officers collect information at crime scenes and write incident reports describing what they learned
Term
preventative patrol
Definition
officers move through their beats on foot or in vehicles, making themselves visible to control crime and reassure law abiding people that they're safe
Term
hot spots patrol
Definition
patrol that gives some locations, like intersections and buildings, special attention at certain times because these areas generate a substantial portion of calls for law enforcement services
Term
Arrest
Definition
taking an individual into custody without her consent
Term
Less than lethal force
Definition
force that is enough to cause the suspect to fall to the ground but is not deadly
Term
objective standard of reasonable force
Definition
Fourth Amendment permits officers to use the amount of force necessary to apprehend suspects and bring them under control
Term
probable cause to arrest
Definition
facts and circumstances that would lead a police officer in the light of his training and experience to believe that a crime has been, is being, or is about to be committed and that the person suspected has committed it
Term
Public Safety Expectation
Definition
Miranda warnings are not required if giving them could endanger officers or others nearby; also an exception to this exclusionary rule that allows police to seize evidence illegally if it poses a threat to public safety
Term
Racial Profiling
Definition
law enforcement decisions based on race or ethnicity
Term
Reasonable Suspicion
Definition
facts and circumstances that would lead an officer (in light of her training and experience) to suspect that a crime might be afoot
 
Term
Appellate Courts
Definition
courts that do not decide questions of guilt or innocence but that review proceedings from the trial court to make sure it followed the rules of procedure and did not violate the defendant's constitutional rights
Term
Courtroom Work Group
Definition
the professional group of prosecutors, judges, and defense lawyers
Term
General Jurisdiction
Definition
courts that can decide all felony cases from capital murder to theft and also review the decisions of lower courts
Term
Limmited Jurisdiction
Definition
when courts only have the power to decide misdemeanors and conduct preliminary proceedings in felony cases
Term
Merit System (Missouri Bar) plan
Definition
a system in which a commission made up of lawyers, citizens, and an incumbent judge draws up a list of nominees for judicial positions
Term
petition for a writ of certiorari
Definition
a request of the Court to order a lower court to send up the record of its proceedings for the Supreme Court to review
Term
petition for a writ of habeus corpus
Definition
a request of the Court to order some official (usually a prison warden or jail supervisor) to come to a trial court and justify a prisoner's imprisonment
Term
prosecutor horizontal case assignment
Definition
a system in which assistant prosecutors are assigned to manage one stage of the prosecution-drafting criminal charges, working on pretrial motions, negotiating pleas, trying cases, or handling appeals
Term
prosecutor vertical case assignment
Definition
a system in which assistant prosecutors are assigned to manage all stages of specific defendants' cases from charge at least through trial and often through appeal
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