CRMJ 254 Midterm Exam Study Guide
CRMJ 254 Midterm Exam Study Guide CRMJ 254
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This 3 page Study Guide was uploaded by Angela Potter on Wednesday January 27, 2016. The Study Guide belongs to CRMJ 254 at Towson University taught by Hahn in Spring 2016. Since its upload, it has received 26 views. For similar materials see Intro to Criminal Justice in Criminal Justice at Towson University.
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Date Created: 01/27/16
CRMJ 254 Midterm Review Mala in Se- Crimes that are wrong in themselves, wrong everywhere Mala Prohibita- Offense that are illegal because law define them as such (Trespassing) Dark Figure of crime-Number of crimes officially not counted by police UCR part 1 crimes- number of reported offenses UCR part 2 crimes- mala prohibita crimes NIBRS- National Incident Based Reporting System: method for collecting crime better than UCR NCVS- Method for assesing Victimization in the US Self report studies-Ask people to reveal own law violations, gets rid of dark figure Crime Index- Estimate of crimes committed Exclusionary rule- illegally obtained evidence must be excluded from trials in federal and some state courts 4th amendment- Unreasonable search and seizure Search: exploring or inspecting for purpose of finding evidence or person accused of a crime Seizure: taking personal property or them in response to a violation of criminal law Warrant: Written document from courts ordering law enforcement to conduct searches 5th amendment- Self-incrimination, Double jeopardy, grand jury indictment Self Incrimination- Being a witness against oneself. Cannot be forced Nolo Contendre (No contest)- plead if confession will incriminate themselves Confession- admission by a person accused of a crime that he or she committed Miranda Rights- have to be read before interrogation 6th amendment- speedy trial, impartial jury where the crime was committed, be informed of the nature and causation of the accusation, confront opposing witnesses, compulsory process for obtaining favorable witnesses, counsel Speedy Trial- cant be kept in jail for over a year without a trial Impartial Jury- crime must be tried in jurisdiction where it was committed Informed of Nature and Causation ofAccusation- know the charges against them Confront Opposing Witnesses- defendant present during trial & can cross examine witnesses against them Compulsory Process for Obtaining Favorable Witnesses- can use subpoena to get testimony from witnesses that will help the defense Subpoena- written order requires person to appear in court to give testimony Counsel- privately be able to obtain and pay for counsel or lawyers 8th amendment- excessive bail, cruel and unusual punishment Excessive bail- amount of bail is more than necessary Cruel and Unusual Punishment- Practice of capital punishment or death penalty. Barbarous/torturous punishments are prohibited. Electric Chair Gas Chamber Lethal Injection (most humane) Firing Squad Hang Proportionality review- determines if the application of the death penalty was fair and proportional AutomaticAppellate Review- 6 appeals in addition to original one from trial Furman v. Georgia 1972- stopped death penalty Gregg V. Georgia 1976- death penalty continued Aggravating- crime worse than usual Mitigating- crime less severe then usual Cannot be executed- Mental ill, developmentally delayed, under 18 Substantive Law- body of law that defines criminal offenses and their penalties. (what people legally may or may not do) Procedural Law- governs the way substantive laws are administered. (ways people can be legally arrested, searched, interrogated) Court Process (Defendant)- InitialAppearance, Preliminary Hearing,Arraignment Initial appearance- charges read Preliminary Hearing- Bail, indictment if Grand Jury determines probable cause Arraignment- Plea Bargain or No contest. Bench/Jury trial Bench Trial- Guilt or Innocence determined by judge alone Jury Trial- Guilt or Innocence determined by Jury recommendation Miscarriages of Justice- Protect innocent. Innocent until proven guilty Eye Witness Misidentification- Leading cause of wrongful convictions False Confession- Guilty pleas made voluntarily by innocent defendants -Plead guilty to crimes they did not commit when there are faced with multiple charges and severity of punishment is great -Plead guilty when charges are less serious and cant post bail Jury Trial-Adversarial process in which the state must show beyond a reasonable doubt that the defendant is guilty Pretrial Motions- Discovery of Evidence, Suppression of Evidence Stages in criminal trial- Discovery Proceedings > Motions Filed > Trial > Opening statements > Prosecutors case > Presents evidence > Defendants Case > Prosecutor Rebutal > Closing Argument > Jury instructions > Deliberation Acquittal- free from charges Hung Jury- Cant reach unanimous verdict, judge declares a mistrial Standards of Proof: Mere Suspicion- least certainty, just mere suspicion. officer cant stop a suspect Reasonable Suspicion-More than a gut feeling. Can articulate reason for suspicion therefore can stop & frisk Probable Cause- amount of proof necessary to conduct a search beyond stop and frisk and to make an arrest Preponderance of evidence- evidence more likely than not outweighs opposing evidence. Enough evidence to overcome doubt Clear and Convincing evidence- standard of proof necessary for a claim of insanity Beyond a reasonable doubt- standard of proof necessary to find a defendant guilty in a criminal trial Invalid Evidence Collection: Inevitable discovery- would have found evidence w/ or w/o the illegal search Independent source- illegal and legal means of finding it but could have been found by a reliable source Good Faith- believed search was legal Attenuation- connection between the illegal search and the evidence is weak, evidence untainted 12th century policing- 10 families banded together (tithing) and was supervised by 1 constable. 100s banded together to form shires supervised by shire reeves. 13th century policing- Watchmen were employed to protect property against fire & robbery. Justice of the peace established and were given judicial duties, constable where their assistants 18th century policing- Henry Fielding created bow street runners who apprehended criminal and recovered stolen property. (1st british detectives)’= Robert Peel- MPA(metropolitan police act) is passed while he is home secretary. creates first organized police force August Vollmer- training, education, professional police main function should be fighting crime Policing 60s: Policing 1970s: community, watchman, service style policing. Community Policing- citizens & police form a partnership and work collectively to identify problems and propose solutions. Establishing and maintaining mutual trust Broken Windows- if the signs of crime aren’t taken care of more serious crimes will occur James Q Wilson- Came up with broken windows theory, concluded that police should be in close, regular contact w/ citizens to help solve crime. abandoned building magnet for crime. *Legalistic Style- emphasis on violations of law, use of threats or arrest to solve disputes Watchman Style- informal means of solving disputes. keeping peace. arrest last resort Preventive Patrol- Patrolling the streets with little direction Directed Patrol- Police concentrate patrolling hot areas for crime Aggressive Patrol- Numerous traffic stops and field interrogations Investigation Function- Locate witneses, arrest criminals, write reports, interrogation Traffic Function- regulate and control of vehicle and pedestrian traffic Drug Enforcement Function- Surveillance, interruption of suspected transactions, raids of “shooting galleries” War on Drugs- 1971 nixon declares war on drugs Patrol Functions- “Backbone of the department” most time consuming
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