Shared Flashcard Set


Intro to CJ Final
Chapters 6, 7, 8, 9, and 10
Criminal Justice
Undergraduate 2

Additional Criminal Justice Flashcards




Broken Window Thesis

A neighborhood that a is run down and in need of repairs will attract criminal behavior because it will appear that criminal activity is tolerated.

By cracking down on "quality of life" crimes like public drinking, loitering, and graffiti painting, law enforcement can help discourage crime in these neighborhoods.

Routine law enforcement activities (4)
  • Preventative Patrol: the presence of the police or their vehicles
  • Calls for Service: responding to citizen calls and complaints
  • Administrative Duties: paperwork
  • Officer initiated activities: stopping motorists and questioning them
Significance of the U.S. Supreme Court decision in the case of Tennessee v. Garner?
Limited the use of deadly force when going after a suspect. The Supreme Court ruled that if the officer and others are not being threatened by the suspect then the use of deadly force is unjustified.
Rituals to indoctrinate new law enforcement officers to the acceptance of the police subculture (5)
  • Attending a recruit academy
  • Working with a senior officer who passes on the lessons of police work/life
  • Making their first felony arrest
  • Using force to make their first arrest
  • Witnessing major traumatic incidents for the first time
Four questions a law enforcement officer should ask themselves when confronted with an ethical question regarding the performance of their duties
  • Is it legal?
  • Is it balanced?
  • How does it make me feel?
  • How would my family react?
What rights does the 4th Amendment to the U.S. Constitution protect?
Guards against unreasonable searches and seizures. It also requires warrants that are supported by probable cause.

What is meant by the Exclusionary Rule?

How does it affect law enforcement?

What are the two exceptions to the Exclusionary Rule?


Makes evidence obtained while in violation of the suspect's 4th, 5th, and 6th Amendment rights inadmissable in court. Also, if the evidence was illegally obtained.

It makes law enforcement obey the rules and respect the rights of the suspects.

The exceptions are if police would have found the evidence "inevitably." Also,if evidence was found under a technically faulty search warrant, but it was an honest mistake and acted in "good faith" when seeking approval from the judge (like a transposed house number) then that is an exception.


Circumstances where law enforcement officers can conduct a legal search.
  1. After an arrest has been made, officers can search the immediate area
  2. If the individual has given consent to search
  3. Can search a suspect's vehicle if there is probable cause to believe there is evidence of a crime
  4. If they are doing police work and evidence of crime is in "plain view"
  5. After obtaining a search warrant
Four elements that must be present for an arrest to take place
  • Intent to arrest: the officer intended to arrest the suspect
  • Authority to arrest: the officer has authority to arrest or take into custody. Some states do not allow off-duty officers to arrest
  • Seizure or detention: the part of the arrest where the suspect is under control
  • Understanding of the person: the individual clearly knows they are being arrested
Six circumstances when law enforcement is not required to advise an individual of their Miranda Rights?
  • When not asking testimonial-like questions - just questions essential to doing their job (name, address, height, etc.)
  • When questioning witnesses and not focusing in on a suspect
  • When an individual gives information to police before they ask questions
  • When the individual has given a private statement to a friend or another individual
  • During a stop and frisk with no arrest
  • During a traffic stop
What activity is protect by the Posse Comitatus Act?
The military cannot be used to enforce state laws. An exception would be the National Guard while under the authority of the governor of a state, such as after a natural disaster
Describe the Kansas City Preventative Patrol Experiment, results of the study, and its impact on law enforcement
The Kansas City police department set up the city into three different zones. They surveyed the citizens and asked about their overall satisfaction with the department, their fear of crime, and looked at the crime statistics. In zone 1, they patrolled the area as normal. In zone 2, they doubled or tripled the number of patrol cars in the area. In zone 3, they did not patrol at all and only went out by response only. After a year, they then surveyed citizens again and looked at crime stastics. What they found was that the overall opinions and stats were the same! It made law enforcement realize that routine patrols in marked cars did little to prevent crimes and some of the funding towards patrol could safely be allocated elsewhere.
Describe the four competing functions of the courts
  • Due Process: protects individuals from the government's legal advantages, giving them right to counsel, jury trial, and protection from self-incrimination.
  • Crime Control: emphasizes punishment of criminals and says the courts should allow trickery from law enforcement as long as rights aren't violated
  • Rehabilitation: looks at the criminal as "sick" and needs "treatment." Sometimes it might be best to help the criminal become a productive member of society rather than be punished.
  • Bureaucratic: in place to make sure cases are being dealt with quickly and efficiently
Difference between trial and appellate courts

Trial courts are where cases of original jurisdiction begin and where questions of fact are examined. Individuals involved include the judge, proscuter, defense attorney, clerk, reporter, and bailiff.

Appellate courts are courts that review decisions made by lower courts, such as trial courts. The only individuals involved are the judge, prosecuter, and the defense attorney.


Describe the dual court system.

What are the courts and what are their jurisdictions?

The dual court system refers to the federal and state courts. The jurisdiction of the federal court system is the whole country. Any federal law that is broken is brought to the federal court. State courts deal with state law violations that took place in the state. However, federal courts can charge an individual with a federal crime even if they have been charged with the same state crime and it is not double jeopardy because they are two separate court systems.
Describe how a case proceeds from the trial court to the United States Supreme Court
First the case is seen by the trial court of original jurisdiction. Then the decision can be appealed and taken by the court of appeals. After that, it can be appealed again and taken to the state supreme court. Finally, the defendant can file an application for the issuance of a writ of certiorari. If 4 of the 9 Supreme Court Justices are in favor, then the writ will be issued and the case will be reviewed. Both sides of the case present oral arguments and the Justices ask questions.
Describe some of the general roles and specific duties of the judges in criminal case processing.
  • Negotiators: negotiate plea bargains between the prosecution and the defense so they can make a deal, negotiate bail
  • Referee: makes sure the trial is being conducted as in the law
  • Teacher: teaches the law to the jury
  • Administrator: in charge of every day functions of the court including scheduling, deciding on continuances, and keeping track of paperwork
Describe the three processes used to select court judges.
  • Appointment: judges are nominated by the governor and then they are approved by the state legislature.
  • Election: the judges are elected by the citizens
  • Merit Selection: suitable candidates are nominated by outside parties and then after a year in office, they are put up for a nonpartisan retention election to see if the public wants them to stay in office.
Name the members of the courtroom work group and their responsibilites.
  • Bailiff: maintains security and order in the judge's chambers and in the courtroom
  • Clerk: deals with the large amount of paperwork generated during a trial, issues sobpoenas for jury duty, and coordinates the jury selection process
  • Court Reporter: record every word that is said during trial, as well as pretrial question and answer sessions that are under oath
  • Judge: oversees the court
  • Prosecuter: prove guilt beyond a reasonable doubt
  • Defense Attorney: create doubt

How does an individual become a prosecuting attorney?

What are advantages and disadvantages of this process?


Prosecuting attorneys are elected by the public.

Advantages: chosen by the people, accountable to the people

Disadvantages: can be influenced by community presence, public can be uninformed about those running

Describe the three methods used to identify attorneys to represent indigent defendants in the criminal trial.
  • Assigned counsel programs: where local private attorneys are assigned clients on a case-by-case basis by the county
  • Contracting attorney programs: where a particular law firm or group of attorneys are hired to regularly assume the representative and administrative tasks of indigent defense
  • Public defender programs: where the county assembles a salaried staff or full time or part time attorneys and creates a public agency to provide services paid for by the government
What are at least three factors a judge takes into consideration when deciding bail for an accused?
  • Uncertainty: not knowing much about the defendant and having to focus on the seriousness of the crime when setting bail
  • Risk: the risk involved with the potential for the defendant to post bail and not return for court, or worse - commit more crimes
  • Overcrowded jails: a judge could be more lenient on certain individuals so that they don't have to let out more serious criminals to let a less serious criminal in.
  • Criminal background: prior crimes
Describe the two formal procedures for establishing probable cause of an individual arrested for a crime.
  • Preliminary hearing: the defendant appears before the judge/magistrate who decides if the evidence presented is sufficient enough for the case to go to trial. Mini-trial. Prosecution shows evidence, defense can challenge. Formal charges are called information.
  • Grand Jury: where a group of citizens decide whether the probable cause exists for the suspect to have believably committed the crime they're charged with. Prosecuter presents evidence, no defense. Formal charges are called indictment.
What are at least 5 factors prosecuters consider when making the decision on whether or not to prosecute an accused for a crime?
  • Sufficient evidence for conviction
  • Case priorities
  • Uncooperative victims
  • Unreliable victims
  • If defendant is willing to testify against other offenders
Describe the three different forms of plea bargaining agreements prosecuters and defense attorneys engage in to resolve a criminal accusation.
  • Charge bargaining: lesser charge
  • Sentence bargaining: lesser sentence
  • Count bargaining: lesser counts of same crime
Speedy trials - 6th Amendment
The Constitution does not say what exactly is meant by "speedy," however all states have their own speedy trial laws.
Requirements of the jury

Citizens of the United States

Over 18

Free of felony convictions

Healthy enough to function in a jury setting

Sufficiently intelligent to understand the issues of a trial

Able to read, write, and comprehend English (besides New Mexico)

The group of citizens in a court's district from which a jury is selected.
Voir Dire
The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness.
Steps of a Jury Trial
  1. Opening Statements: Prosecution
  2. Opening Statements: Defense
  3. Prosecution presents evidence/direct examination of witnesses
  4. Defense cross-examination
  5. Defense motion for a directed verdict
  6. Defense presents evidence/direct examination of witnesses
  7. Prosecution cross-examination
  8. Prosecution rebuttal
  9. Defense surrebuttal
  10. Closing statements: Defense
  11. Closing statements: Prosecution
  12. Judge's instructions to jury
  13. Jury deliberation
  14. Pronouncement of the verdict

The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing this decision.

Two basic reasons for appeal: correct an error made during the initial trial, review policy

Habius Corpus
An order that requires corrections officials to bring an inmate before a court or a judge and explain why he or she is being held in prision illegally. It can only be filed by someone who is imprisioned.
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