CRIMJ 101 EXAM 1 STUDY GUIDE
Search warrant - 4th amendment requires a warrant from a judge that contains the place and items police expect to find before police can conduct a search in a home, car, or any other property of someone else. However, there are exceptions: incident to lawful arrest, exigent circumstances such as escape, harm to officer or others, and destruction of evidence, and plain view doctrine. Search warrants are important because the 4th amendment in the Constitution guarantees people the right to be free from unreasonable searches and seizures.
‘Terry’ stops - "Terry v. Ohio" reasonable suspicion of involvement in criminal activity may be enough for an officer to stop and frisk a suspect, but arrests require a probable cause (e.g. feeling a weapon while frisking the person) . The court agreed that police officers, based on their previous experiences, may "sense" whether someone is up to no good. Also known as Stop and Frisk. "Terry" stops are important because stop and frisk represents part of a community-wide effort to detect crime before it happens, yet others see it as unconstitutional and racial profiling.
Proactive policing - In many communities, because of large influx of federal money in the early 1990's, efforts that involve crime prevention activities have become more popular. They assist community members, write citations, direct
traffic, and serve as escorts. Their activities go beyond routine patrol and require a wide range of skills. This type of activity is important because this way they can create a relationship with the community and increase their trust in the officers, which can potentially lead to reduced crime. If you want to learn more check out Does facilitated diffusion occur against or with a concentration gradient?
Restorative justice perspective - indicates that the appropriate role of the criminal justice system is to restore justice as best as possible through preparing the harm caused by criminal behavior. It's important because not one perspective fits all crime and when someone is put in prison with a chance of him ending back in there, there is no point. Addressing peoples issues is better approach than punishment because they must have committed a crime to survive. This is seen as a better resolution for some of the criminals.
We also discuss several other topics like What is the difference between continuous and discontinuous transitions?
UCR, part I - UCR stands for Uniform Crime Reports that provides unified, reliable, and systematic information on a set of frequently committed crimes reported to law enforcement agencies across the country. Part one collects data from 8 serious crimes of 4 property (burglary, theft, car theft, arson) and 4 personal ( homicide, sexual assault, assault, and robbery) . The fault in this system is that it depends only on the submissions by police agencies to the FBI (does not include federal crimes and lesser offenses) . This is important because using these data, police can chiefs could accurately compare crime jurisdiction and over time.
Racial profiling - Occurs when officers ask questions or investigate a person based on race, ethnicity, religion or national origin. It is a continuous issue for
policing. "Driving while Black" is used to identify officers stopping, searching, and detaining people based on skin color. Research says that this act is done unconsciously and done consciously when suspicious of a person. Racial profiling is prohibited by the 5th (the right to life, liberty, and property) and the 14th amendment (individual's rights of due process and equal protection).
The ‘blue curtain’ - also known as the code of silence, which is said to foster a secretive worlds that excludes outsiders and interferes with reform efforts. Police culture shapes, drives, and sustains choices and actions which can be both good Don't forget about the age old question of How might we justify conservatism to conservatives and to nonconservatives?
and bad. Breaking their oath to uphold the law by misconduct is considered a white collar crime, and protection of illegal activities is one of them.
Miranda warning - Once detained, a person must be informed of their rights. It is important because without the officer reading the person their rights, whatever said in court, or even during interrogation is invalid. It is related to the individuals rights
presented to the Supreme Court. In 1984, an except was made - when the police lacked sufficient time to read the Miranda rights. In 2010, it ruled that anything shared with the police prior to the declaration to remain silent.
Noble cause corruption - Caused by the adherence to a teleological ethical system, suggesting that persons "will utilize unethical, and sometimes illegal, means to obtain a desired result," a result which appears to benefit the greater good.
Hate crime - Crimes committed that target victims and/or their property due to their perceived membership in a particular group. Also known as bias-motivated crimes. The first crime was the Civil Rights Act of 1871. It is motivated by bias regardless of whether the victim is a member of a specific group. Establishing a crime based on hate is difficult because there must be evidence that the offender's discriminatory attitude /bias is responsible. Hate crimes violates people rights that is guaranteed in the amendment and is very injustice. It's important for us to be aware of it and be able to distinguish this from other crimes since their motivations are completely different. We also discuss several other topics like Bicameralism theory means what?
Misdemeanor - less serious crimes punishable by fine, forfeiture, or short-term confinement, though in some jurisdictions gross, aggravated, or serious misdemeanors may be charged. Death occurring during the commission of a misdemeanor is involuntary manslaughter. Some misdemeanors can be punished by less than a year in jail. Wobblers are felonies that may be reduced to a misdemeanor.
exclusionary rule - Applied to the states in Mapp v. Ohio. Excludes from trial evidence that was obtained unlawfully, which violates a person's constitutional rights. Also called the fruit of the poisonous tree. The original intent was to deter police misconduct. There are also exceptions such as a good faith and the inevitable discovery (where police would discover something with or without a warrant) Don't forget about the age old question of What does lbb stand for?
Mens rea - Latin for "guilty mind," used in court to prove criminal intent. This must be proven by the prosecution beyond a reasonable doubt and found to exist by the jury. Prosecution must show the accused killed with extreme disregard for human life and planned or deliberated. It's important because depending on the level of degree the suspect would be sentenced.
Hot spots of crime -Specific geographical locations identifies as high crime areas. Call patterns to where law enforcement assistance was needed. Crime mapping offered information on where to concentrate patrols depending on hot spots. It's a practice that may lead to displacement of crime problems. Criminals under close surveillance moved away. However, other researchers show that small hot spots will drop its crime rate without displacement We also discuss several other topics like What is one example of a diverse development trajectory?
Entrapment - occurs when a law enforcement officer convince someone (whether it's trickery or manipulation) to commit a criminal act he or she would not otherwise have committed.
Criminal Justice Flowchart - The diagram illustrates the sequence of events in the criminal justice system. It describes what happens from the moment of arrest, to preliminary arraignment, preliminary hearing, formal arraignment, pre-trial conference, trial, and sentencing. This is a good, simple way to explain the criminal justice system and takes into account the vitim, offender, and community.
Broken windows model - Developed by Kelling and Wilson to describe the social disorder that occurs in run-down and neglected neighborhoods, which leads to higher crime rates. Suggests that untended ares, blight, graffiti and signs of disorder decrease neighborhood residents' willingness to enforce social order, which leads to more serious crime. If police target minor transgressions they may prevent the crime .
Stare decisis - Latin for "let the decision stand." meaning judges must respect precedentss set in previous court cases. The importance of this is, though at times hindering, aspects of precedents are often portrayed in landmark cases decided by the US Supreme Court.
Curtilage - the area, usually enclose, encompassing the grounds and buildings immediately surrounding a home that's used in the daily activities of domestic life. Police still need warrants to search and/or seize anything that is present at these places.
Criminal defenses - Strategic argument that attempts to challenge the validity and sufficient to challenge the validity and sufficiency of the prosecution's evidence. Ignorance of the law is no defense for wrongdoing. They may claim that the law was unpublished or unknown to the public. A mistake of fact may be used as a defense if the mental state necessary to commit a crime is absent.
SARA - The Scan, Analysis, Response, and Assessment model used in problem oriented policing. It will help you and your team keep on track, ensures necessary steps are undertaken in proper sequences.
Force continuum - Use of authority, body, restraint, and deadly force. It is a standard that provides law enforcement officers and civilians with guidelines as to how much force may be used against a resisting subject in a given situation.
Police jokes - Policing is very stressful job and to keep the officers mentally capable of still doing their jobs, they need to keep a good sense of humor and laugh things out.
Due process of law - Focuses on the criminal justice system's purpose of ensuring that all people accused of crimes are treated fairly and equally. This follows the 5th and 14th amendment of the constitution, protecting the citizens accused of crimes from capricious detainment and denial of freedom, inequitable use of capital punishment, and/or the taking of property by the government. Everyone should receive dair hearings and trials, evenhanded sentencing, and attorneys should represent the accused. No inequitable treatment based on person's race, ethnicity, age, income, or religious preference.
NCVS - National Crime Victimization Survey. A nationally representative survey of victims of property and personal violence in the US. This has enhanced our knowledge about who victims of crime are, the characteristics of crime, and the characteristics of offenders according to victims. Sponsored by the BJS (Bureau of Justice Statistics). Understand the nature and extent of crims in the nation, focusing on victimization. Although, it doesn't include domestic violence, has sampling errors, and memory errors.
Mala in se - refers to behavior that is immoral or inherently wrong by nature. What constitutes this changes over time. What was illegal may become legal, or vice versa. For example, marijuana become legal in some states now. The society shapes this as time goes by and it's important because it shows that crime changes over time.
Felony - a criminal offense (e.g. murder, robbery, rape) that is more serious and generally results in more severe punishment than a misdemeanor.
August Vollmer - The father of American policing. Believed that officers should be free from political pressure and be highly educated, trained, and well paid. Argued they could protect the public and their property. He implemented code of ethics, banned political corruptions and gifts, and outlawed the third degree. Adopted many political techniques and technologies that we still use today (patrol cars, radios, police records system, modus operandi, lie detector, and scientific analysis ).