New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Criminal Justice Complete Course Study Guide

by: Courtney Notetaker

Criminal Justice Complete Course Study Guide CMJS 1003

Marketplace > University of Arkansas > Criminal Justice Studies > CMJS 1003 > Criminal Justice Complete Course Study Guide
Courtney Notetaker

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

This is a study guide for the complete course of CMJS 1003
Criminal Justice
Dr. Summer
Criminal Justice, Law, Lecture, police, Politics, booking, Civil Procedure, felony, misdemenor
75 ?




Popular in Criminal Justice

Popular in Criminal Justice Studies

This 51 page Bundle was uploaded by Courtney Notetaker on Saturday August 20, 2016. The Bundle belongs to CMJS 1003 at University of Arkansas taught by Dr. Summer in Fall 2016. Since its upload, it has received 5 views. For similar materials see Criminal Justice in Criminal Justice Studies at University of Arkansas.

Popular in Criminal Justice Studies


Reviews for Criminal Justice Complete Course Study Guide


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 08/20/16
CMJS 1003 Notes Criminal justice in the United States  Crime top concern in United States  Rarely called to sensational crimes Media is misleading  Public has a misconception of crime in the US  Criminal Justice System = Agent of social control o Abide by the dominant values of a society  Criminal Justice – the structure, function and decision, processes of those agencies that deal with the management of crime- the police, the courts and corrections.  Criminology – is the scientific study of the causes of crime, rates of crime , the punishment and rehab of offenders and the prevention of crime  Criminal law – the branch of modern jurisprudence that deals with offenses committed against the safety and order of society  Criminal procedure – encompasses the series of orderly steps and actions, authorized by law or the courts, used to determine whether a person accused of a crime is guilty or not guilty.  Constitutional Law- focuses on the legal rules and principles that define the nature and limits of governmental power, and the duties and rights of individuals in relations to state.  Institution of Social Control – An organization that persuades people, through subtle (gossip/peer pressure) and not-so-subtle (expulsion and incarceration) means, to abide by the dominant values of society. The Criminal Justice System = Police + Courts + Corrections  Jurisdiction – A politically defined geographical area.  Misdemeanors – less serious crimes generally punishable by a fine or by incarceration in jail for not more than 1 year.  Felonies – Serious offenses punishable by confinement in prison for more than 1 year or by death. A. Police  Arrest – the seizing and detaining of a person by lawful authority.  Booking – the process in which a suspect’s name, charge and perhaps the suspects fingerprints or photograph is entered in the police blotter. B. Courts  Prosecutor reviews the facts of a case o Determines whether to charge the suspect  Defendant – a person against whom a legal action is brought, a warrant is issued, or an indictment is found.  Initial appearance - the defendant is brought before a lower court and is given formal notice of the charge or charges against him or her and advised of his or her rights.  Summary trial – An immediate trial without a jury.  Complaint – a charging document specifying that an offense has been committed by a person or persons named or described.  Felony – serious. Punishable by death or by confinement in prison or more than a year.  Information – a doc that outlines the formal charge(s) against a suspect, the law that have been violated, and the evidence to support that charge(s)  Grand Jury indictment – is a written accusation by a grand jury that one or more person has committed a crime.  Arrest Warrant – a written order directing law enforcement officers to arrest a person.  Probable Cause- standard of proof that requires trustworthy evidence that would make a reasonable person believe that, more likely than not, the proposed action is justified.  Bail – usually a monetary guarantee deposited with the court to ensure that suspects or defendants will appear at a later stage in the CJ process.  Preliminary Hearing – In a felony case, a pretrial stage at which a judge determines whether there is a probable cause.  Grand Jury – a group of citizens who meet to investigate charges coming from preliminary hearings. o If fail in indict, defendant is free to go.  Arraignment – a pretrial stage to hear the info or indictment and to allow a plea o 90% plead guilty  Plea bargaining – the practice whereby a specific sentence is to be imposed if the accused pleads guilty to an agreed-upon charge or charges instead of going to trial o 5% go to trial More terms should be posted on blackboard and pic C. Corrections  Pre-sentence investigation reports – used in the federal system and the majority of states to help judges determine appropriate sentences. o Fines o Probation o Intermediate punishments( more restrictive than probation but less than jail) o Jail o Death  Appeal convictions o Legal grounds o Constitutional grounds  Affirm – let it stand  Remand – return it to the original jurisdiction for either retrial or resentencing  Parole – the conditional release of prisoners before they have served their full sentences o Must serve a portion of sentence o Decision made by parole board  Probation – a sentence in which the offender, rather than being incarcerated is retained in the community under supervision. The Nonsystem 1) No single criminal justice system in the US o Loose confederation of many independent CJ agencies 2) The CJS and a lot of conflict and confusion within it Two Models of Criminal Justice 1) Crime Control Model – Politically, it embodies traditional conservative values. In this model, the control of criminal behavior is the most important function of criminal justice. 2) Due process model – Politically, it embodies traditional liberal values. In this model, the principal goal of criminal justice is at least as much to protect the innocent, as it is to convict the guilty. a. Doctrine of legal guilt – principle that people are PRESUMED innocent until PROVEN guilty. The Nature of Crime  Different conceptions of crime o Conflict btw good and evil o Spiritual depravity o Crime is sin, violation against the natural law o Violations of generally accepted rules.  Crime is sin o Natural law – general principles that determine what is right and wrong according to some higher power  “Higher law”  Universal standard  Lack clarity  No moral code we all share  Crime as social construct o Continuous process o Deviance – conduct that the people of a group consider so dangerous, embarrassing or irritating that they bring special sanctions to bear against the persons who exhibit it. o Created in response to behavior  Crime as a Moral Crusade o Howard S. Becker o “Crusading reformers” or “ rule creators” o Evil in society o EX : crusaders against prohibition  Crime and Deviance o All crime is deviant but not all deviant is criminal  Picking nose in public o Some criminals are not labeled deviant  Sodomy o Labeling perspective helps us understand how crime is a social construct o Helps us understand how people are labeled and how society reacts.  Crime as a legal Construct o Latin roots meaning, “judgment, accusation, or offense.” o Crime – an intentional act or admission in violation of criminal law, committed without defense or justification, and sanctioned by the state as a felony or misdemeanor. o Act or omission  Action must take place for there to be a crime o Conspiracy – is concert (collaboration) in criminal purpose  Must involve 2 or more people  Collective criminal activity = greater risk o Criminal intent o Mens rea – a person’s awareness of what is right and wrong under the law with an intention to violate the law o Full use of reason o Specific intent/general intent o Violation of criminal law o Criminal law – the branch of jurisprudence that deals with offenses committed against the safety and order of the state.  i.e. murder, burglary, sexual assault…. o Civil law – the body of principles that determine private rights and liabilities.  i.e. divorce, property rights, child support…  Cost of Criminal Justice o 1990s = $74 billion o 2009=$258 billion o 24% increase o Local = police protection o State = corrections o Federal = new policies o 6% of all government expenditures  6 cents of every dollar Quiz #1 1) Approximately how many hours a day does the average American spend in front of the television, according to a 2009 study by Ball State University's Center for Media Design? a. 8  _________ 2) Critics of the American media argue that the news media have a dual obligation to: a. present news that reflects a more balanced picture of the overall crime problem and reduce their presentation of sensational crimes. 3) Like the family, schools, organized religion, the media, and the law, criminal justice is a(n) a. Institution of social control 4) According to a 2010 public opinion poll, approximately what percentage of Americans responded that they had a "great deal" or "quite a lot" of confidence in the criminal justice system? a. 25% ??? 5) American criminal justice consists of three main agencies. Which of the following is NOT one of those three main agencies? a. Prisons 6) Approximately how many agencies of federal, state, and local governments comprise criminal justice in the United States? a. 50,000 7) A group of citizens who meet to investigate charges coming from preliminary hearings is referred to as a. A grand jury 8) Politically, it reflects the traditional conservative values and focuses on controlling criminal behavior. Which model is this? a. Crime control model 9) On July 20, 2012, James Holmes, 25, opened fire in a movie theater in Aurora, Colorado, killing 14 people and injuring 80 more. a. True  False 10) A sentence in which an offender, rather than being incarcerated, is retained in the community under the supervision of a probation agency is called being on probation. a. True 11) The death penalty is a sentencing option in every state in America. a. False 12) Fines are one of several general types of punishment in the United States. a. True 13) Legal guilt results only when factual guilt is determined in a procedurally regular fashion, as in a criminal trial, and when the procedural rules, or due process rights, designed to protect suspects and defendants and to safeguard the integrity of the process are employed. a. True 14) A politically defined geographical area is referred to as a(n) a. Jurisdiction 15) A pretrial stage to hear the information or indictment and to allow a plea is called a/an a. Arraignment 16) 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 is referred to as a. Plea bargaining 17) Because there is considerable conflict and confusion among different agencies of criminal justice, a more accurate representation may be that of a criminal justice referred to as a a. Nonsystem 18) Politically, it reflects the traditional conservative values and focuses on controlling criminal behavior. Which model is this? a. Crime control model 19) The principal goal of criminal justice is at least as much to protect the innocent as it is to convict the guilty. What is this model called? a. Due process model 20) In 2009, federal, state, and local governments spent how much in direct expenditures for the criminal and civil justice systems? a. $258 billion Chapter 2  Norm or social more – any standard or rule regarding what human beings should or shouldn’t say or do under given circumstances. o Vary o Change over time  Crime - is an intentional violation of the criminal law or penal code, committed without defense or excuse and penalized by the state. o To meet the legal definition these must be in place: o It must be penalized by the state o It must be a violation of the criminal law or penal code o The action must be intentional o The action must be committed without defense or excuse o Problems with legal definition o Overcriminalization arises in the so-called victimless crimes (gambling, prostitution, etc) o Nonenforecement is common (white collar crimes, government crimes etc) o undercriminalization – actions or inactions that are not criminal but should be.  Elements of Crime 1. Harm a. External consequence required to make action 2. Legality a. a harm must be legally forbidden for the behavior to be a crime, and the law must not be ex post facto (retroactive (taking a date effective from a date in the past)). i. Ex post facto law: (1) a law that declares an act criminal that was not illegal when it was committed, (2) increases the punishment for a crime after it is committed, or (3) alters the rules of evidence in a particular case after the crime is committed. 3. Actus reus a. Intentional criminal conduct, or criminal negligence. 4. Mens rea a. Mental aspect of crime: criminal intent or a guilty mind. i. Negligence – failure to take reasonable precautions to prevent harm *** Not responsible if: 1) Acted under duress a. If a person did not want to commit a crime, but was forced to do so 2) Was underage a. Youth under age 18 are not considered entirely responsible for their criminal acts 3) Was insane a. Refers to mental or psychological impairment or retardation. 4) acted in self-defense of defense of a third party a. amount of force reasonably necessary in a self defense 5) was entrapped a. not already predisposed 5. Causation 6. Concurrence a. Criminal conduct and the criminal intent must occur together 7. Punishment a. Statutory provision for punishment  Degrees or categories of crime o Mala in se – Wrong in themselves; a description applied to crimes that are characterized by universality and timeless.  i.e. murder and rape o Mala prohibita – offenses that are illegal because law define them as such; they lack universality and timelessness.  i.e. trespassing, gambling, prostitution  Crime Statistics o Dark figure of crime: the number of crimes not officially recorded by the police o Crime index – an estimate of crimes committed.  Crime Rates o Crime rate: A measure of the incidence of crime expressed as the number of crimes per unit of population or some other base.  Uniform Crime Reports o Uniform crime reports: a collection of crime stats and other law enforcement info gathered under a voluntary national program administered by the FBI. o Eight index crimes: part 1 offenses in the FBI’s UCR. 1. Murder and non-negligent manslaughter 2. Forcible rape 3. Robbery 4. Aggravated assault 5. Burglary 6. Larceny-theft 7. Motor vehicle theft 8. Arson (added in 1979) o Status offenses: An act that is illegal for a juvenile but would not be a crime if committed by an adult o i.e. truancy or running away from home  National Crime Victimization Surveys (NCVS): o NCVS: A source of crime stats based on interviews in which respondents are asked whether they have been victims of any of the FBI’s index offenses (except murder, non-negligent manslaughter, and arson) or other crimes during the past 6 months. If they have, they are asked to provide information about the experience.  Usually produces different result from the UCRs.  Differences in the data help explain the differences in the trends indicated by the NCVS and UCR.  Self – reported Crimes o Self-report crime surveys: surveys which subjects are asked whether they have committed crimes. o Most common- larceny, indecency & tax evasion o 90% of Americans admitted to committing crimes for which they could have been found guilty and imprisoned.  Costs of Crime: o In 2009, NCVS data says the total economic loss to victims of crime was $16.3 billion (down from 18.4 in 2006)  Includes med care, time lost from work, property  What people fear o 67% worry about being the victim of identity theft. o 47% worry about burglary  Who fears crime o Gender – women fear more o Race – non whites fear more o Age – (18-20) most fearful o Religion – Jews most fearful o Etc  How people respond to a Fear of Crime o 48% avoid places/neighborhoods o 31% keep a dog o 31% have an alarm o 23% bought a gun for self – protection o 14% carried mace  Victimization Trends o The decline in the violent crime rate is primarily a result of a decline in simple assaults, while the decrease in the property crime rate is almost certainly attributable to a decrease in thefts.  Separated persons – had the highest violent crime victimization rate of any other marital status at 72.9. Chapter 3  Theory: An assumption that attempts to explain why or how things are related to each other.  Criminal Theory: the explanation of criminal behavior, as well as the behavior of police, attorneys, prosecutors, judges, correctional personnel, victims, and other actors in the criminal justice process. Theories:  Classical and neoclassical theory o Enact unbiased, reasonable laws. Impose punishments that are proportionate to the crime. Educate the public.  Biological Theory o Lombroso, Sheldon  Biological inferiority or biochemical processes cause people to commit crimes.  Psychological Theory o Intelligence  Goddard  Mental inferiority (low IQ) causes people to commit crimes o Psychoanalytic  Freud  Crime is a symptom of more deep-seated problems  Criticisms o It generally ignores environmental circumstances o Many people with psychological disturbances do not commit crime o Research does not back up the theory o Humanistic  Maslow  Crime is an adaptation to helplessness caused by oppression.  Sociological o Durkheim  Durkheim  Crime is a social fact. It is a “normal” aspect of society, although different types of societies should have greater or lesser degrees of it. Crime is also functional for society. o Theory of the Chicago School  Park, Burgess, Shaw & McKay  Delinquency is caused by detachment from conventional groups, which is caused by social disorganization.  Criticisms  Presumptions that social disorganization is a cause of delinquency  Political and/or economic elites may cause social disorganization o Anomie Theory  Merton, Cohen  Anomie or “stain” theorists – sociologists who believe that some phenomena in society are dysfunctional, that there are contradictions in society.  Merton – crime is caused by anomie, which is the contradiction between cultural goals and the social structure’s capacity to provide the institutionalized means to achieve those goals.  Cohen- gang delinquency is caused by anomie, which is the inability to conform to middle class values or to achieve status among peers legally  Anomie or Strain theory o People adapt through:  Conformity – playing the game  Innovation – pursuing wealth by illegitimate means  The drug dealer; wants to make money but doing it illegally  Ritualism – not actively pursuing wealth; following legitimate institutional means  The guy that hates their job but goes anyways  Retreatism – dropping out; not pursuing wealth, not following legitimate institutional means  Rebellion – rejecting the goal of wealth and the institutional means of getting it and substituting a different goal and means.  Cloward and Ohlin  Identified 3 gang subcultures: o Criminal – formed to make money o Violent – formed to vent anger if they can’t make money o Retreatist – formed by those who can’t join other gangs, and become alcoholics and drug addicts. o Criticism – middle class bias o Assume lower class wants to be middle class o Learning Theories  Tarde, Sutherland, burgess, akers, jeffery  Theorists believe crime is learned  People adapt to their environment  Immitation or modeling – a means……  Edwin Sutherland  Differential Association Theory –  Persons who become criminal do so because of contacts with criminal definitions and isolation from anti-criminal people  People are more likely to engage in crime if they are exposed to deviant values:  Early ilife  Frequency  Over a long period of time  Positive reinforcement: the presentation of a stimulus that increases or maintains a response  Negative reinforcement: the removal or reduction of a stimulus whose removal or reduction increases…  Extinction: a process in which behavior that previously was positively reinforced is no longer reinforced  Punishment: the presentation of a aversive stimulus to reduce a response  Policy implications – punish criminal behavior effectively  Not done well in the US. o Social Control Theories  Travis Hirschi  Crime is a result of improper socialization  Distinctively known by:  The focus on the reasons people conform rather than the reasons they commit crime.  Causes of Delinquency  Attachment to others  Commitment to conventional lines of action  Involvement in conventional activities  Belief in the moral order and law o Labeling Theory  Criminalization process: the way people and actions are defined as criminal  Labeling theory – once person commits a first act, he/she may be labeled negatively as a criminal.  Self-fulfilling prophecy  Becker: Deviance is in the eyes of the beholder  Being Labeled deviant/criminal depends on how others react  Successful application of the deviant label  Some never caught or prosecuted  Stigmatized  Edwin Lemert  Primary deviance (the initial violation of a norm or law)  Secondary deviance (rule breaking behavior that people adapt in response to the reactions of others)  Single deviance rarely results in secondary deviance  Decriminalization – the elimination of behaviors from the scope of criminal law  Diversion – removing offenders from the criminal justice process  Greater due process protections – replacing discretion with the rule of law  Deinstitutionalization – reducing jail and prison populations o Conflict Theory  Assumes that society is based primarily on conflict between competing interest groups  Proposes the policy that dominant groups should give up power to subordinate groups  Who defines?  Criminal law used by dominant groups  Have control over definition of criminality  Karl Marx  Original conflict theorist  Power differentials- the ability of some groups to dominate other groups  Relative Powerlessness – the inability to dominate other groups in society. o Radical Theory  Based on Marxist theory  Radical Theories –  Argue that capitalism requires people to compete against each other in the pursuit of material wealth  Caused by competition within and between economic classes.  Radical theory defines crime as a violation of human rights  Policy implications  Current definition of crime supports the ruling class  Crime as a human right  Benevolent socialist society o Peacemaking Criminology  PC  Anarchism  Humanism  Socialism  Native American and Eastern philosophies  Rejects the idea that criminal violence can be reduced by state violence  Crime is caused by competition within and between economic classes.  Reducing suffering will reduce crime.  Transformation of human beings  Mutual dependence  Reduction of class structures  The creation of communities of caring people  Universal social justice o Feminist Theory  Focuses on women’s experiences and seeks to abolish men’s control over women’s labor and sexuality (patriarchy)  The focus is on three areas of crime and justice:  The victimization of women  Gender differences in crime  Gendered justice (differing treatment of female and male offenders and victims by the criminal justice system)  The principle goal of most FT is to abolish patriarchy  Equality  Criticisms of FT:  The failure to appreciate differences btw women  Utility – the principle that a policy should provide “the greatest happiness shared by the greatest number.”  Social contract – An imaginary agreement to sacrifice the minimum amount of liberty necessary to prevent anarchy and chaos.  Special or specific deterrence – the prevention of people in general or society at large from engaging in crime by punishing specific individuals and making examples of them.  Positivist Approach to Criminology: o Human behavior is determined and not a matter of free will. Consequently, positivists focus on cause-and-effect relationships. o Criminals are fundamentally different from noncriminals. Positivists search for such differences by scientific methods.  Critical theories of crime causation blend the emphasis on free will from classical theories and the emphasis on determinism from positivist theories. Quiz #3 1) An assumption (or set of assumptions) that attempts to explain why or how things are related to each other is referred to as ______. a. Theory 2) Attempts to explain why or how a certain thing (or things) is related to criminal behavior is called the ______. a. Theory of crime 3) The failure to understand the theoretical basis of criminal justice polices leads to at least 20 undesirable consequences. a. False 4) What theory, as a product of the Enlightenment, is based on the assumption that people exercise free will and are thus completely responsible for their actions? a. Classical 5) Which theory explains that crime is caused by relative powerlessness? a. Conflict 6) General deterrence is the prevention of people in general or society at large from engaging in crime by punishing specific individuals and making examples of them. a. True 7) A criminal’s innate physiological makeup produces certain physical or genetic characteristics that distinguish criminals from noncriminals. What is this called? a. Biological inferiority 8) What type of theory is an extension of Lombroso’s criminal anthropology? a. Body type 9) In 1931, Edwin Sutherland reviewed approximately how many studies on the relationship between intelligence and delinquency and criminality? a. 350 10) What is the procedure first developed by Freud that, among other things, attempts to make patients conscious or aware of unconscious and deep-seated problems in order to resolve the symptoms associated with them? a. Psychoanalysis 11) Intelligence is believed to have nothing to do with genetic components. a. False 12) For Durkheim, the dissociation of the individual from the collective conscience is referred to as ______. a. Anomie 13) What is the group of sociologists at the University of Chicago called who assumed in their research that delinquent behavior was a product of social disorganization? a. Chicago school 14) A means by which a person can learn new responses by observing others without performing any overt act or receiving direct reinforcement or reward is called imitation or modeling. a. True 15) A theory that emphasizes the criminalization process as the cause of some crime is called ______. a. ??? 16) A theory that assumes that society is based primarily on conflict between competing interest groups and that criminal law and the criminal justice system are used to control subordinate groups is referred to as ______. a. Conflict 17) As is well known, once a person is labeled and stereotyped as a “criminal,” he or she probably will never be shunned by law-abiding society, or will not have a difficult time finding a good job. a. False 18) What are theories of crime causation that are generally based on a Marxist theory of class struggle called? a. Radical theories 19) A group of social scientists who argue that critical criminologists need to redirect their attention to the fear and the very real victimization experienced by working-class people is referred to as ______. a. ??? 20) What could be saved if criminal justice policies were based on a thorough theoretical understanding? a. ??? Chapter 4  The earliest written laws are attributed to Urukagina.  Two Types of Law: Criminal & Civil o Criminal law: a formal means of social control [that] involves the use of rules that are interpreted, are enforceable, by the courts of a political community…The function of the rules is to set limits to the conduct of the citizens, to guide the officials (poice and other administrators) and to define conditions of deviance or unacceptable behavior” o Penal Code: o Civil Law: between individuals. Includes: contracts, property as well as divorces, custody..etc. o Tort: substituted words for “convicted”  Substantive v. Procedural Law o Subtypes of criminal law  Substantive law: The body of law that defines criminal offenses and their penalties.  Procedural law: The body of law that governs the ways substantive law are administered; sometimes called adjective or remedial law.  Process of law: the rights of people suspected of or charged with crimes.  Ideal Characteristics of the Criminal Law o 5 ideals to have a good criminal law 1. Politically 2. Specificity 3. Regularity 4. Uniformity 5. Penal Sanction 1) Politically: refers to its legitimate source. Only violations of rules made by the state, the political jurisdiction that enacted the laws, are crimes. a. Violation of rules made by places like churches, schools etc. may be “bad” or “sinful” but are not crimes. 2) Specificity: scope of criminal law. Should provide strict definitions of specific acts. a. EX: a man stole an airplane but wasn’t convicted b/c the law didn’t consider self-propelled airplanes, vehicles. 3) Regularity: applicability of the law to all persons. Should apply to not only women but also men, or not only to poor but also the rich. a. EX: until 1981, California’s statutory rape law made men alone criminally responsible for the act of illicit sexual intercourse with a minor female. 4) Uniformity: the way the law should be enforced. Criminal law should be administered without regard for social status. a. EX: juveniles are sometimes treated with leniency through the exercise of police or judicial discretion. 5) Penal Sanction: the principle that violators will be punished by the state.  England’s contribution to American Criminal Law o Magna Carta (The Great Charter): primary purpose was to settle the dispute between the king and his nobles by placing checks on royal power. From that time on forward, kings and queens were supposed to be governed by laws.  It not only created the idea of the rule of law but also formed the basis of what would later be called due process of law.  Common law (or Case Law) o Made by trial and appellate court judges. Becomes a precedent. (reference to make a decision in a case) o Stare decisis: The principle of using precedents to guide future decisions in court cases; Latin for “to stand by decided cases.”  Bill of Rights th o The 4 Amendment  Protects people’s privacy against certain types of governmental interference.  Searches: Explorations of inspections, by law enforcement officers, of homes, premises, vehicles, or persons, for the purpose of discovering who are accused of crimes.  Seizures: the taking of persons or property into custody in response to violations of the criminal law.  Warrant: A written order from a court directing law enforcement officers to conduct a search or to arrest a person.  Arrest: The seizure of a person or the taking of a person into custody  Contraband: An illegal substance or object  Reasonable suspicion: a standard of proof that is more than a gut feeling.  Frisking: conducting a search for weapons by patting the outside of a suspect’s clothing, feeling for hard objects that might be weapons.  Probable cause: the amount of proof necessary for a reasonably intelligent person to believe that a crime has been committed.  Preponderance of evidence: evidence that more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation.  Clear & convincing evidence: the standard of proof required in some civil cases for a defendant to make a successful claim of insanity.  Beyond a reasonable doubt: the standard of proof necessary to find a defendant guilty in a criminal trial.  Proof evident, presumption great: standard of proof required for a judge to deny bail.  Exclusionary rule: rule that illegally seized evidence must be excluded from trials in federal and state courts.  The USA PATRIOT Act: “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001”  Essentially: the government can do whatever they deem necessary in name of protecting the United States  Many critics believe the USA Patriot Act has weakened the constitutional protections against illegal search and seizure. o The 5 Amendment  Right to Grand Jury Indictment and Protection Against double Jeopardy  Self-incrimination: being a witness against oneself. If forced, it is a violation of 5 amend.  Confession: An admission by a person accused of a crime that he or she committed the offense charged.  Doctrine of fundamental fairness: the rule that makes confessions inadmissible in criminal trials if they were thbtained by manipulation or “third degree” methods. o The 6 Amendment  Right to: Speedy Trial, impartial jury, be informed, confront opposing witnesses, compulsory process for obtaining favorable witnesses, counsel  Subpoena: a written order issued by a court that requires a person to appear at a certain time and place to give testimony. o The 8 Amendment  Protection against excessive bail and fines  Protection against cruel and unusual punishments o Based on the rulings by the US Supreme Court in Weems v. US (1910) and Trop v. Dulles (1958), what are cruel and unusual punishments?  Punishments that are excessive for the crime according to current social understanding. ------ EXAM 1 REVIEW (chapters 1-4) ------ Chapter 5  Jurisdiction – The right or authority of a justice agency to act in regard to a particular subject matter, territory, or person.  Government has more than 18,000 public law enforcement agencies  English Government Systems: o Tithing System: A private self-help protection system in early medieval England, in which a group of 10 families, or a tithing, agreed to follow the law, keep the peace in their areas, and bring law violators to justice, o Shire Reeve: In medieval England, the chief law enforcement officer in a territorial area called a shire; later called the sheriff. o Posses: Groups of able-bodied citizens of a community, called into service by a sheriff or constable to chase and apprehend offenders. o Constable-watch System: A system of protection in early England in which citizens, under the direction of a constable, or chief peacekeeper, were required to guard the city and to pursue criminals. o Constable: The peacekeeper in charge of protection in early English towns.  Peel’s principles of Policing: A dozen standards of the legislation resulting in the formation of the London Metropolitan Police Department. The standards are still applicable to today’s law enforcement.  Community policing: A contemporary approach to policing that actively involves the community in a working partnership to control and reduce crime.  CompStat: A technological and management system that aims to make the police better organized and more effective crime analysis and geographic information systems, that is, crime mapping, with the latest management principles.  State Police Model: A model of a state law enforcement services in which the agency and its officers have the same law enforcement powers as local police but can exercise them anywhere within the state.  Highway Patrol Model: a model of state law enforcement services in which officers focus on highway traffic safety, enforcement of the state’s traffic laws, and the investigation of accidents on the state’s roads, highways, and property.  Contract Security: Protective services that a private security firm provides to people, agencies, and companies that do not employ their own security personnel of that need extra protection.  Private Security o Reasons for growth  Declining revenues for public policing  The private nature of crimes in the workplace  Companies can control and hide crimes by employees.  Better control and attention to the problem  Fewer constitutional limitations on actions of private security officers o Issues involving private security  Legal status and authority  Public policing in a private capacity  Qualifications and training vary widely  Diminished public responsibility  Private security’s role in the fight against terrorism o Private security officers are often the first line of defense against terrorism  Governmental buildings and utilities  Schools  Courts  Corporate headquarters  Office complexes  Laboratories  Transportation facilities  Proprietary Security: In-house protective services staff provides for the entity that employs it.  Which of the following has been called “the first distinctively American police system”? o The southern slave patrols  Which of the following was NOT a responsibility of the black police officers o Patrolling white neighborhoods  ____ is a technological and management system that aims to make the police better organized and more effective crime fighters. o Compstat (implemented by new york)  With what level of government are sheriffs associated? o County Chapter 6  Role: the rights and responsibilities associated with a particular position  Role expectation: the behavior and actions that people expect from a person in a particular role  Role conflict: the psychological stress and frustration that results from trying to preform two or more incompatible responsibilities.  The roles of police: o Are community leaders in public safety o Possess broad discretion o Solve sociological and technological problems for people on a short-term basis o Occasionally serve in a hostile or dangerous environment.  Police functions: 1. Enforce the laws- very little time spent on dangerous situations 2. Perform welfare tasks- BOLO, delivering blood to hospitals, assisting firefighters and animal control units. 3. Prevent crime- engaging in random patrol and providing the public with crime prevention info 4. Protect the innocent- investigating crimes, removing innocent people from consideration as suspects.  Operational styles: o James Q Wilson 1) Watchmen – an emphasis on informal means of resolving disputes and problems in the community a. Neighbor b. Order maintenance c. Ignore minor violations 2) Legalistic style: an emphasis on violations of law, and the use of threats or actual arrests to solve disputes a. Solider b. Harsher view of law violations c. High arrest and ticketing rates 3) Service: an emphasis on helping the community, as opposed to enforcing the law. a. Teacher b. In between the watchmen and legalistic c. Primary responsibility is to protect public order against occasional threats. o William Muir 1) Professionals – officers who have the necessary passion and perspective to be valuable police officers 2) Enforcers – officers who have passion for the job, for enforcing the law, and for taking decisive action; their inner drive or value system allows them to be comfortable using force to solve problems. 3) Reciprocators – officers who lack the passion to do the job; they have a difficult time taking action, making arrests, and enforcing the law; their values make it difficult for them to use force to solve problems. 4) Avoiders – officers who have neither passion nor perspective, resulting in no recognition of people’s problems and no action to resolve them.  Patrol o Duties include:  Responding to burglar alarms  Investigating traffic accidents  Caring of injured people  Trying to resolve domestic disputes  Responding to radio calls o Preventative patrol:  Patrolling the streets with little direction  Random o Directed patrol:  Patrolling under guidance or orders on how to use patrol time  Can reduce the incidence of targeted crimes o Geographic Information Systems (GIS) crime mapping: involves the charting of crime patterns within a geographic area.  Capable of displaying numerous fields of information o Aggressive patrol: the practice of having an entire patrol section make numerous traffic stops and field interrogations  Conduct field interrogation – stop and question pedestrians and motorists  Drawbacks:  Innocent citizens are inconvenienced by random traffic stops and field interrogations.  It is often difficult to get all officers motivated to use aggressive tactics. o Foot patrol  Not been proven to be a significant deterrent to crime,  Significantly improved relationships between citizens and officers. o Perils of Patrol  25 to 50 police officers die through felonious means  Late 30s  Worked in law enforcement about 12 years  Accidental means  Graveyard shift o Study of patrol effectiveness  ***Kansas city Preventative patrol experiment (1973)  Preventative patrol has no effect on crime rates or public perception.  Effectiveness of random patrol  15 beats  Citizens interviewed and crime rates measured.  Findings o Patrol change, no significant effect on crimes traditionally considered to be prevented by random patrol  Citizen fear of crime had no change  Routine preventative patrol in marked police cars has little value in preventing crime or making citizens feel safe.  Resources ordinarily allocated to preventative patrol could be devoted to other crime control strategies. o Criminal investigations  A lawful search for people and things to reconstruct the circumstances of an illegal act  Apprehending or determining the guilty party  Aiding in the states prosecution of the offender o Criminal investigation process  Preliminary investigation  Usually by patrol officers (except in the case of homicides, or other complex investigations)  Follow-up investigation o Usually by plainclothes detectives  Detective – police officers who is assigned to investigate reported crimes, to include gathering evidence, completing case reports, testifying in court and so on. o Traffic Investigation Crews  In some agencies, the special units assigned to all traffic accident investigation. o Drugs  According to the Substance Abuse and Mental Health Services Administrations 2011 National Survey on Drug Use and Health, 22.5 million Americas age 12+ reported using illegal drug in the month before the survey was conducted.  The use rate in 2011 (8.7%) was similar to the rates in 2010 (8.9%), 2009 (8.7%), and 2002 (8.3%), but it was higher than the rates in most years from 2003 through 2008. o Crop Eradication  Is a tactic employed by federal, state and local law enforcement agencies However, the only crop targeted by local police agencies is cannabis b/c it is the only major illegal drug grown in the US. o Criticisms of the War on Drugs  US v. Booker (2005), the court held that the formerly mandatory sentencing guidelines are now only advisory. o 4-step problem solving process  Scanning – identifying problems  Analysis – understanding underlying conditions  Response – developing and implementing solutions  Assessment – determining the solutions’ effect o Definitions and Types of Terrorism  Terrorism –  the systematic use of terror or unpredictable violence against governments, publics, or individuals to attain a political objective.  The unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives  Premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to influence an audience.  Domestic terrorism –  The unlawful use, or threatened use of force or violence by a group or individual based and operating entirely within the US or its territories w/o foreign direction committed against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.  International terrorism –  Violent acts dangerous to human life that are a violation of the criminal laws of the US or any state, or that would be a criminal violation if committed within the jurisdiction of the US or any state. o Law Enforcement Responds to Terrorism  Make no concessions to terrorists and strike no deals  Bring terrorists to justice for their crimes Chapter 7  In 2011, people’s confidence in the police: o 56% - a great deal, quite a lot of confidence o 30% - some confidence o 11% - very little o 2% - no confidence  Qualities of a Successful Police Officer o Robert B. Mills, pioneer in the psychological testing of police officers believes that police applicants should have these qualities:  Motivation for a police career  Normal self – assertiveness  Emotional stability under stress  Sensitivity toward minority groups and social deviates  Collaborative leadership skills  A mature relationship with social authority  Flexibility  Integrity and honesty  An active and outgoing nature o Berkley, California, Police Department lists qualities:  Initiative  Ability to carry heavy responsibilities and handle emergencies alone.  Social skills and ability to communicate effectively with persons of various cultural, economic, and ethic backgrounds.  Mental capacity to learn a wide variety of subjects quickly and correctly.  Ability to adapt thinking to technological and social changes.  Understanding of other human beings and the desire to help those in need.  Emotional maturity to remain calm and objective and provide leadership in emotionally charged situations.  Physical strength and endurance to perform these exacting duties. o Three I’s of police selection: Intelligence, integrity, and interaction skills  Police Recruitment Process: o Education:  High school diploma or higher educational achievement o College Academics: Schools where students pursue a program that integrates an associate’s degree curriculum in law enforcement or criminal justice with the state’s required peace officer training.  Successful Recruiting Practices o Public Safety Officers: Police department employees who perform many police services but do not have arrest powers. o Police Cadet Program: A program that combines a college education with agency work experience and academy training. Upon graduation, a cadet is promoted to police officer. o Tech prep (technical preparation): A program in which area community colleges and high schools team up to offer 6 to 9 hours of college law enforcement courses in the eleventh and twelfth grades, as well as one or two training certifications, such as police dispatcher or local corrections officer, Students who graduate are eligible for police employment at age 18.  The Police Selection Process o Merit system: A system of employment whereby an independent civil service commission, in cooperation with the city personnel section and the police department, sets employment qualifications, performance standards, and discipline procedures. o The process:  Short Application  Detailed Application  Medical Examination  Physical Ability Test  Written Examination  Background Investigation  Psychological Testing  Need emotional stability and good mental health  Oral Interview/Oral Board  Wanted qualities o Appearance, poise, and bearing o Ability to communicate orally and organize thoughts o Attitude toward law enforcement and the job required of police officers. o Speech and the ability to articulate o Attitude toward drug, narcotic, and alcohol use. o Sensitivity to racial and ethnic issues.  Academy Training  Issues in Policing o Discretion: The exercise of individual judgment, instead of formal rules, in making decisions. o Full Enforcement: A practice in which the police make an arrest for every violation of law that comes to their attention. o Selective Enforcement: The practice of relying on the judgment of the police leadership and rank-and-file officers to decide which laws to enforce. o Factors Affecting Discretion  The nature of the crime  The more serious a crime is, the more likely an officer will formally report it. With a misdemeanor or petty offense, the officer may handle it informally.  Departmental policies  In some circumstances the chief of police may order than certain offenses but required to be treated in a certain way o Ex: AR requires police to ticket drivers that don’t stop for school buses.  The relationship between the victim and the offender  The closer the relationship between victim and offender the more likely an officer will use discretion o Ex: petty theft between two lovers (if they believe the victim will not prosecute), police officers are not likely to deal formally.  The amount of evidence  Not enough evidence  The preference of the victim  The demeanor of the suspect  The legitimacy of the victim  Socioeconomic status o Discretion and Racial Profiling  Racial profiling: The stopping and/or detaining of individuals by law enforcement officers based solely on race. o Job stress: The harmful physical and emotional outcomes that occur when the requirements of a job do not match the capabilities, resources, or needs of the worker. o Copicide: A from of suicide in which a person gets fatally shot after intentionally provoking police officers. o Excessive force: a measure of coercion beyond that necessary to control participants in a conflict. o Deadly force laws:  It reads: the use of deadly force is not justifiable under this section unless:  The arrest is for a felony  The person affecting the arrest is authorized to act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer.  The actor believes that the force employed creates no substantial risk of injury to innocent persons  The actor believes that: (a) the crime for which the arrest is made involved conduct including the use or threatened use of deadly force. (b) there is substantial risk that the person to be a


Buy Material

Are you sure you want to buy this material for

75 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Jennifer McGill UCSF Med School

"Selling my MCAT study guides and notes has been a great source of side revenue while I'm in school. Some months I'm making over $500! Plus, it makes me happy knowing that I'm helping future med students with their MCAT."

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."

Parker Thompson 500 Startups

"It's a great way for students to improve their educational experience and it seemed like a product that everybody wants, so all the people participating are winning."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.