Exam 2 Study Guide
• Civil forfeiture- the confiscation of property by the state because it was used in or acquired through a crime. In recent years the police have used civil forfeiture to seize property that they believed was purchased with drug profits
• Misdemeanor- offenses less serious than felonies and usually punishable by incarceration of no more than one-year probation or intermediate sanctions • Felony- serious crimes usually carrying a penalty of incarceration for more than one year or the death penalty
• Substantive criminal law- law defining acts that are subject to punishment and specifying the punishments of such offenses If you want to learn more check out What is the meaning of product complexity?
• Procedural criminal law- law defining the procedures that criminal justice officials must follow in enforcement adjudication and corrections
• Fourth amendment- the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated • Motion to suppress- a formal, written request to a judge for an order that certain evidence be excluded from consideration by the judge or jury at trial
• Public defender- an attorney employed on a full time salary basis by the government to represent indigents
• Assigned counsel- an attorney in private practice assigned by a court to represent an indigent. The attorneys fee is paid by the government with jurisdiction over the case • Contract counsel- an attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specific dollar amount
• Fifth amendment- an amendment to the U.S. Constitution that contains a number of provisions relating to criminal law, including guarantees of due process and of the right to refuse to answer questions in order to avoid incriminating oneself
• Sixth amendment- a section of the Bill of Rights that guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime We also discuss several other topics like What does cultural convergence theory argue about globalization and culture?
• Eighth amendment- a section of the Bill of Rights that states that that punishments must be fair, cannot be cruel, and that fines that are extraordinarily large cannot be set • Selective incorporation- a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights Don't forget about the age old question of Inventory should up to what?
• Probable cause- reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime
• Arrest- seize someone by legal authority and take into custody
• Appeal- a request to a higher court that it review actions taken in a completed in a lower court case
• Writ of habeas corpus- “produce the body”; a court order t o a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person’s detention We also discuss several other topics like What affects the micro and macroevolution of populations?
• Petition- a written application from a person to some governing body or public official asking that some authority be exercised to grant relief, favors, or privileges • Reasonable suspicion- a police officer’s belief based on articulable facts that criminal activity is taking place so that intruding on an individual’s reasonable expectation of privacy is necessary
• Bill of rights- the first ten amendments to the U.S. Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship • Stop- government official’s interference with an individual’s freedom of movement for a duration that typically lasts for a limited number of minutes and only rarely exceeds an hour We also discuss several other topics like What is expected if dna replication was semiconservative?
• Exclusionary rule- the principle that illegally obtained evidence must be excluded from trial
• Plain view doctrine- officers may examine and use as evidence without a warrant contraband or evidence that is in open view at a location where they are legally permitted to be
• Good faith exception- when police act in honest reliance on a warrant the evidence seized is admissible even if the warrant is later to be proved defective
• Inevitability of discovery- improperly obtained evidence can be used when it would later have inevitably been discovered without improper actions by the police
Questions: We also discuss several other topics like Prophase is a formation of spindle apparatus produces, what?
1. What are the sources of the criminal law?
- Common law, statutes, case decisions.
2. What are the differences between criminal law and civil law?
- Civil law deals with damages people have done to society. Criminal law is concerned with the punishment of those who commit crimes.
3. What is procedural criminal law?
- Law defining the procedures that criminal justice officials must follow in enforcement adjudication and corrections.
4. Who is responsible for developing and formulating procedural criminal law? - Legislatures, the U.S. Supreme Court, and state supreme courts.
5. Who is responsible for developing and formulating substantive criminal law? - Elected officials in Congress, state legislature, and city councils.
6. What is a felony?
- Serious crimes usually carrying a penalty of incarceration for more than one year or the death penalty.
7. What is a misdemeanor?
- Offenses less serious than felonies and usually punishable by incarceration of no more than one-year probation or intermediate sanctions.
8. The Bill of Rights includes which amendments to the United States Constitution?
- The first ten amendments.
9. By which method did the United States Supreme Court apply the Bill of Rights to the states?
10. Which Chief Justice of the United States Supreme Court is credited with the due process revolution?
- Earl Warren, 1953.
11. What is probable cause?
- Reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime.
12. What is the difference between an arrest and a stop?
- An arrest is a significant deprivation of freedom because a person is taken into police custody, transported to the police station or jail, and processed through the system. A stop is a brief seizure like a traffic violation. Both are forms of a seizure.
13. As a result of an arrest, are the police constitutionally required to inform the arrestee of his or her rights? If so, what are those rights?
- Yes. Miranda rights.
14. As a result of a stop, are the police constitutionally required to inform the person of his or her rights? If so, what are those rights?
15. Can a defendant be forced to reveal that he or she committed a crime? Why or why not?
- No. The 5th amendment protects against self-incrimination.
16. Can a defendant be tried in both state and federal court for the same criminal act? Explain your decision.
- Yes, the dual sovereignty doctrine is an exception to the Double Jeopardy Clause in the Constitution that allows a defendant of a federal offense to be tried and convicted in both a state and federal court.
17. Which amendment to the United States Constitution prohibits the police from conducting an unreasonable search and seizure?
- 4th amendment.
18. What is a search warrant?
- A legal document authorizing a police officer or other official to enter and search premises.
19. A search warrant is authorized by which criminal justice official?
- A judge.
20. Can the police conduct warrantless searches? If so, when?
- Yes, the Supreme Court has ruled that warrantless police conduct may comply with the fourth amendment so long as it is reasonable under the circumstances and there is probable cause.
21. If a person is arrested in his or her home, what type of search, if any, can the police conduct an of the home?
- A protective sweep.
22. Are police dogs that sniff for illegal substances subject to the requirements of the fourth amendment?
23. What amount of force, if any, may the police use in arresting a person suspected of committing a crime?
- Reasonable force. Courts can decide whether an officer’s use of force was unreasonable on a case by case basis taking into account the severity of the crime, whether the suspect posed a threat, and whether the suspect was resisting or attempting to flee.
24. When can the police use deadly force?
- The Supreme Court established that a police officer who has probable cause to believe a suspect poses a threat of serious harm to the officer or others may use deadly force to prevent escape. However, the officers should issue warning when possible. Deadly force is unjustified when the suspect poses no immediate threat to the officer and no threat to others.
25. What is the exclusionary rule?
- The principle that illegally obtained evidence must be excluded from trial. 26. What are the exceptions to the exclusionary rule?
- When a search is conducted with a good faith belief that it is a legal search, the evidence discovered may be admitted.
27. What motion can be filed to exclude evidence from trial?
- Motion in limine.
28. Which amendment to the United States Constitution provides defendants with the right to counsel?
- Sixth amendment.
29. What are the three ways in which indigent defendants are provided counsel? - Assigned counsel, contract system, and public defender.
30. Which amendment to the United States Constitution provides defendants with the right to trial?
- Sixth amendment.
31. Does a college educated person accused of committing a crime have a right to trial by jury of his peers?
32. Which amendment to the United States Constitution prohibits cruel and unusual punishment?
- Eight amendment.
33. How often do defendants win on appeal?
- About 20% of the time.
34. What is a habeas corpus petition?
- A legal petition requesting that a judge examine whether an individual is being properly detained.
35. What rights do prisoners have, if any?
- All personal rights except those which the law in its humanity accords to prisoners.
36. Which constitutional right is least likely to be given to prisoners?
- First amendment.
37. In juvenile court proceedings, what is a petition?
- A referral in which a hearing is held with a hearing officer who determines if they should go to court or a different action should take place.
38. Who initiates most complaints against juveniles?
39. Approximately what percentage of complaints filed against juveniles is dismissed by the courts?
40. What due process rights do juveniles have?
- They have all due process rights.
41. What is the standard of proof to classify a juvenile as delinquent?
- If it was committed by an adult, it would be a criminal act.
42. Can a juvenile be denied release from pretrial confinement if he or she is deemed to be a risk to the community?
• Discretion- the freedom to decide what should be done in a particular situation • Frankpledge- a system in old English law in which members of a tithing pledged to be responsible for keeping order and bringing violators of the law to court
• Reactive policing- the police responding to specific requests from individuals or groups in the community which encompasses immediate response to calls and follow up investigations
• Proactive policing- the practice of deterring criminal activity by showing police presence and engaging the public to learn their concerns, thereby preventing crime from taking place in the first place
• Incident driven policing- a reactive approach to policing emphasizing a quick response to calls for service
• Problem oriented policing- an approach to policing in which officers routinely seek to identify, analyze, and respond to the circumstances underlying the incidents that prompt citizens to call the police
• Preventive patrol- making the police presence known, in order to deter crime and to make officers available to respond quickly to calls
• Directed patrol- a proactive form of patrolling that directs resources to known high crime areas
• Aggressive patrol- a patrol strategy designed to maximize the number of police interventions and observations in the community
• Clearance rate- the percentage rate of crimes known to the police that they believe they have solved through an arrest
• Internal affairs unit- a branch of a police department that receives and investigates complaints alleging violations of rules and policies on the part of officers • Merit selection- a reform plan by which judges are nominated by a commission and appointed by the governor for a given period
• Pennsylvania system- a system of prison discipline introduced in Pennsylvania in the late 18th century and characterized by solitary confinement of prisoners convicted of serious offenses
• Differential response- a patrol strategy that assigns priorities to calls for service and then determines the appropriate response depending on the importance or urgency of the call
• Hot spots- a place of significant activity or danger
• Broken windows theory- a criminological theory of the norm setting and signaling effect of urban disorder and vandalism on additional crime and anti-social behavior • Service function- the capacity of the environment to provide the habitat for all living beings including mankind
• Working personality- a set of emotional and behavioral characteristics developed by a member of an occupational group in response to the work situation and environmental influences
• Grass eater- officers who accept bribes but do not actively pursue them • Meat eater- officers who seek out situations that can produce financial gain • Dual court system- the U.S. court system is divided into two administratively separate
systems, the federal and the state, each of which is independent of the executive and legislative branches of government
• Trial courts- a court of law where cases are tried in the first place, as opposed to an appeals court
• State attorney general- a state’s chief legal officer, usually responsible for both civil and criminal matters
• New York system- a penal method of the 19th century in which persons worked during the day in groups and were kept in solitary confinement at night, with enforced silence at all times
• Appellate courts- courts that do not try criminal cases but hear appeals of decisions of lower courts
• Trial courts of limited jurisdiction- criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases
• Trial courts of general jurisdiction- criminal courts with jurisdiction over all offenses, including felonies
• Supreme courts- the highest judicial court in a country or state; the highest federal court in the US, consisting of nine justices and taking judicial precedence over all other courts in the nation
• District courts- a state of federal trial court
• Circuit courts of appeal- the intermediate appellate courts of the United States federal court system
• United States Supreme Court- the highest federal court in the United States; has final appellate jurisdiction and has jurisdiction over all other courts
• U.S. Attorneys- officials responsible for the prosecution of crimes that violate the laws of the United States
• Parens patriae- the state as parent; the state as guardian and protector of all citizens who cannot protect themselves
1. What are the three major agencies of the criminal justice system?
- Police, courts, and corrections.
2. What are the goals of the criminal justice system?
- Doing justice, preventing crime, and controlling crime.
3. How does the criminal justice system operate in a federal system of government? - Both do the same thing but in different scope and purpose.
4. What is discretion?
- The freedom to decide what should be done in a particular situation.
5. What is the frankpledge system?
- A system in old English law in which members of a tithing pledged to be responsible for keeping order and bringing violators of the law to court.
6. Does the United States have a national police force?
7. Policing in the United States is primarily the responsibility of which level of government? - Executive.
8. How are police departments organized?
9. What are the advantages and disadvantages of private policing?
- Because they are based on contracts and performance, employees of a private security company are more easily subjected to job loss if they do not perform to client’s standard. Some private security companies may not receive the same standards of training and advanced training that the police are required to have.
10. In order to be eligible to be a police officer, what is the educational requirement of most police departments?
- High school diploma, and police academy training.
11. Are private companies allowed to hire police officers?
12. At what point in the history of the United States was there a significant change in the racial and gender makeup of the police?
13. Are patrol officers more likely to be reactive or proactive in investigating crime? - Reactive.
14. Are detectives more proactive or reactive in investigating crime?
15. What time of day does most crime occur?
- It varies depending on the crime, but most property crimes occur during the day. 16. What are the three eras, and their characteristics, of policing in the United States?
- The Political Era, The Reform Era, and The Community Era.
17. What are the three functions of the police?
- Order maintenance, law enforcement, and service.
18. Which one of the three functions are the police mainly involved with? - Law enforcement.
19. What are the different styles of policing?
- The watchman, legalistic, or service.
20. What is a working personality?
- A set of emotional and behavioral characteristics developed by a member of an occupational group in response to the work situation and environmental influences.
21. Which two elements define the working personality of the police? - Serve and protect.
22. What is incident-driven policing?
- A reactive approach to policing emphasizing a quick response to calls for service. 23. What is differential response?
- A patrol strategy that assigns priorities to calls for service and then determines the appropriate response depending on the importance or urgency of the call. 24. What is preventive patrol?
- Making the police presence known, in order to deter crime and to make officers available to respond quickly to calls.
25. What is directed patrol?
- A proactive form of patrolling that directs resources to known high-crime areas. 26. What are hot spots?
- Areas of significant activity or danger.
27. What is aggressive patrol?
- A patrol strategy designed to maximize the number of police interventions and observations in the community.
28. What is problem-oriented policing?
- An approach to policing in which officers routinely seek to identify, analyze, and respond to the circumstances underlying the incidents that prompt citizens to call the police.
29. What is the difference between a grass eater and a meat eater?
- Grass eaters are officers that accept bribes but do not actively pursue them. Meat eaters are officers who seek out situations that can produce financial gain. 30. Who receives and investigates complaints against the police?
- Internal affairs unit.
31. How effective are the police in preventing crime?
- Not very effective.
32. The United States has what type of court system?
- Dual court system.
33. In state court systems, misdemeanors are processed inn which courts? - Trial courts of limited jurisdiction.
34. In state court systems, felonies (except for bail setting and the preliminary hearing) are processed in which courts?
- Trial courts of general jurisdiction.
35. In state court systems, the courts of last resort are referred to as what? - State supreme courts.
36. In the federal court system, the trial courts are referred to as what? - District Court.
37. In the federal court system, the intermediate appellate courts are referred to as what? - U.S. circuit court of appeals.
38. What are appellate courts?
- Courts that do not try criminal cases but hear appeals of decisions of lower courts.
39. How many justices sit on the United States Supreme Court?
40. What role does politics play in the selection of judges?
- Politics play a huge role in the selection of judges especially to the Supreme Court.
41. What are the various methods used to select judges?
- Partisan/nonpartisan elections, gubernatorial appointment, legislative appointment, and merit selection.
42. Which method is designed to removed politics from the selection of judges? Is it successful? Why or why not?
- Nonpartisan elections.
43. Who is the state’s chief law enforcement officer?
- Attorney general.
44. What are the prosecutors’ roles?
- Trial counsel for the police, house counsel for the police, rep of the court, and elected official.
45. What are the defense attorney’s roles?
- An advocate for the accused, charged with protecting their client’s interests and making sure the law works as it should.
46. What are the judge’s roles?
- Adjudicator, negotiator, and administrator. Adjudicator- judges must assume a neutral stance in overseeing the contest between the prosecution and the defense. Negotiator- the judge sometimes acts as a refer, keeping both sides on track in accordance with the law. Administrator- managing the courthouse.
47. What type of defense attorney represents most criminal defendants? - Public defenders.
48. Which group was instrumental in building the first prison in the United States? - Philadelphia society for alleviating the miseries of public prisons.
49. What types of agencies and programs make up the correctional enterprise? - The federal bureau of prisons.
50. What was the Pennsylvania system?
- A system of prison discipline introduced in Pennsylvania in the late 18th century and characterized by solitary confinement of prisoners convicted of serious offenses.
51. What was the New York system?
- A penal method of the 19th century in which persons worked during the day in groups and were kept in solitary confinement at night, with enforced silence at all times.
52. What are the correctional officer’s roles?
- Enforce rules and keep inmates under control.
53. What is the general profile of correctional officer?
- Good health, male, and good physical fitness.
54. Are correctional officers allowed to use force against prisoners? If so, when? - Yes, if they are being insubordinate, but not deadly force unless they attack an officer.
55. What is the primary function of jails?
- Detain accused offenders who cannot make or are not eligible for bail, they hold convicted offenders who are awaiting sentence, serve as the principal institution of secure confinement for offenders convicted of misdemeanors, they hold probationers and parolees picked up for violations, and they house felons when state prisons are overcrowded.
56. What is the primary purpose of prisons?
- Four major purposes: retribution, incapacitation, deterrence and rehabilitation. 57. What is meant by the term parens patriae?
- The government, or any other authority, regarded as the legal protector of citizens unable to protect themselves.