Midterm Study Guide
Midterm Study Guide 75073 - CRIM 100 - 003
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75073 - CRIM 100 - 003
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CRIM 100 MIDTERM REVIEW CHAPTER SUMMARIES Chapt Chapt er 1 What is Criminal lustice The American experience with crime over the last half century has in uenced the shaping of the criminal justice system today Certain crime waves have stood out to be signi cant the Prohibition in the early 20th century traditional crimes in 1960 19705 and terrorist attacks of 911 The theme of the book focuses on individual rights versus public order Two opposing groups individualrights advocates and publicorder activists The fundamental challenge of the American criminal justice system is achieving ef cient cost effective enforcement while supporting the legal rights of suspects Criminal justice is tied closely to other notions of justice including personal and cultural beliefs about equity and fairness Criminal justice ideals extend to the protection of the innocent the fair treatment of offenders and fair play by justice agencies Criminal justice is a system with three parts police courts and corrections More realistic to understand criminal justice as a nonsystem fragmented activity where individuals and agencies have interests and goals that sometimes coincide but often con ict Stages of a criminal case investigation arrest booking rst appearance preliminary hearing indictment arraignment adjudicationtrial sentencing and corrections Due process underlies Bill of Rights is central to American criminal justice The ultimate goal of the criminal justice system is achieving crime control through due process The study of criminal justice began in the late 19205 Scienti c research has become a major element in the professionalization of criminal justice Evidencebased practices are crime ghting strategies that have been scienti cally tested and are based on social science research Multiculturalism complicates the practice of American criminal justice because there is rarely universal agreement about what is right or wrong or what constitutes justice er 2 The Crime Picture The FBl s Uniform Crime Reporting Program surveys crime in America Provides annual data on the number of reported Part offenses murder forcible rape aggravated assault robbery burglary larcenytheft motor vehicle theft and arson or major crimes as well as information about arrests that have been Chapt made for less serious Part II offenses National Incident Crime Based Reporting system modi ed UCR and gathers details about each criminal incident and not just a summary National Crime Victimization Survey is based on victim self reports rather than on police reports Helps uncover the dark gure of crime An analysis of victim selfreport data led to the realization that crimes of all types were more prevalent than UCR statistics had indicated Differences between the UCRNCRBS and NCVS UCRNCRBS data are based on citizens crime reports to the police whereas NCVS data are gathered by eld researchers who interview randomly selected households UCRNCRBS and NCVS data do not provide a complete picture of crime in America because the traditional reporting categories that they have don t always encompass more innovative forms of crime such as those committed through the use of high technology or certain forms of whitecollar crime er 4 Criminal Law Laws are rules of conduct usually found in the form of statutes that regulate relationships between people and between parties Law functions to maintain public order regulate human interaction enforce mora beliefs de ne the economic environment of society enhance predictability promote orderly social change sustain individual rights identify wrongdoers and redress wrongs and mandate punishment and retribution Laws tend to re ect the interest of society s most powerful members The rule of law supremacy of law has the principle that an orderly society must be governed by established rules and principles that are applied fairly to all its members No one is above the law those who enforce the law must also abide by it Law is a vital underpinning in Western democracies Types of law criminal civi administrative case and procedural Criminal law de nes and speci es punishments for offenses of a public nature or for wrongs committed against the state or against society Five categories of violations felonies misdemeanors offenses treason and espionage inchoate offenses The essence of crime consists of three conjoined elements the criminal act actus reus a cupabe mental state mens rea and a concurrence of the two Five additional principles that allow us to fully appreciate contemporary understandings of crime causation a resulting harm the principle of egaity the principle of punishment and necessary attendant circumstances Chapt Chapt The elements of a crime are speci c legal aspects of the criminal offense that the prosecution must prove to obtain a conviction Offender can only be convicted if all of the statutory elements can be proved in court Four categories for defenses to a criminal charge alibi justi cations excuses and procedural defenses er 5 Policing Historv and Structure American police departments were based off of Sir Robert Peel and the London Metropolitan Police Service and the British experience However he unique character of the American frontier led to the growth of a decentralized form of policing throughout the US Police agencies enforce statutes created by lawmaking bodies and different types and level of legislative authority are re ected in the diversity of police forces in our country American policing presents a complex picture that is structured along federal local and state lines Dozens of federal law enforcement agencies empowered by Congress enforce speci c statutes and has its own law enforcement arm The FBl s mission is to protect and defend the US against terrorist and foreign intelligence threats to uphold and enforce the criminal laws of the US and to provide leadership and criminal justice services to federal state municipal and international agencies and partners State law enforcement agencies assist local law enforcement departments operate centralized identi cation bureaus maintain a centralized criminal records repository patrol the state s highway and provide training for municipal and county of cers Organized after one of two models Centralized model tasks of major criminal investigations are combined with the patrol of state highways Decentralized model draws a clear distinction between traf c enforced on state highways and other statelevel law enforcement functions Local police agencies represent a wide variety of agencies including municipal police departments rural sheriff s departments and specialized groups like campus police and transit police Private protective services personnel outnumber public law enforcement of cers in the US They provide tailored protective services funded by the guarded organization rather than taxpayers er 6 Policing Purpose and Organization Chapt The fundamental police mission enforce the law investigate crimes and apprehend offenders prevent crime help ensure domestic peace and tranquility and provide community with needed enforcementrelated services Core law enforcement strategies preventative patrol routine incident response emergency response criminal investigation and problem solving Police management involves the administrative activities as well as the activities in the service of preventing crime American law enforcement organizations are structured among divisions and along lines of authority Roles within police agencies fall into one of two categories line or staff Three policing styles the watchman style the legalistic style and the service style Community policing is built on the principle that police departments and the community should work together as partners in the ght against crime 911 changed policing in America The emphasis on terrorism prevention along with the need for a rapid response to threats of terrorism has led to what some see as a new era of policing to secure the homeland Homeland security builds on the framework of community policing for the purpose of gathering intelligence to prevent terrorism Police discretion refers to the opportunity for police officers to exercise choice in their enforcement activities The widest exercise of discretion can be found in routine situations involving relatively less serious violations of the law but serous criminal behavior may also result in discretionary decisions not to make an arrest Police professionalism requires officers to adhere to ethical codes and standards established by the profession It places important limits on the discretionary activities of the individual enforcement personnel and helps police gain respect from the public Ethnic minorities are now employed in policing in numbers that approach their representation in the general population Women are still underrepresented er 7 Policing Legal Aspects Legal restraints on police action come primarily from the 4th 5th 6th and 14th amendments which require due process of law Most due process requirements concern three major areas investigation and evidence arrest and interrogation The Bill of Rights protects citizens against abuses of police power by guaranteeing due process of law for everyone suspected of committed a crime and by ensuring the availability of constitutional rights to all citizens regardless of state or local law or procedure 0 4 amendment states that people must be secure in their homes and in their persons against unreasonable searches and seizures Law enforcement officers are required to have probable cause in order to obtain a search warrant in order to legally conduct searches and seize the property of criminal suspects Officers have the right to protect themselves from attack to search a person being arrested and to search the area under the arrestee s immediate control An arrest takes place whenever a law enforcement officer restricts a person s freedom to leave Most jurisdictions allow warrantless arrests for felonies when a crime is not in progress as long as probable cause can later be demonstrated olntelligence gathering is vital for police work The need for useful information leads police investigators to question suspects informants and knowledgeable citizens When suspects are taken into custody for interrogation they must be advised of their Miranda rights before being questioned Miranda rights ensure that suspects know their rights including the right to remain silent in the face of police interrogation Chapter 8 Policing Issues and Challenges Police personality is created through informal pressures on officers by a powerful police subculture The personality of police includes authoritarian conservative honorable loyal cynical dogmatic hostile prejudiced secret and suspicious Various types of police corruption like quotgrass eatingquot and quotmeat eatingquot Ethics training is used as a reframing strategy that emphasizes integrity in an effort to target police corruption US Department ofJustice emphasizes police integrity and that a police department s culture of integrity is more important in shaping the ethics of police officers than hiring the quotrightquot people oDangers of police work include violent victimization disease and exposure to biological or chemical toxins stressful encounters and onthejob fatigue Stressmanagement programs are designed to reduce exposure to dangerous situations and help officers combat the dangers and difficulties that they face in their daytoday work Law enforcement officers are authorized to use the amount of force that is reasonable and necessary in a particular situation Police officers primarily use weaponless tactics Excessive force is the application of an amount and or frequency of force greater than that required to compel compliance form a willing or unwilling subject Racial pro ling is a bigoted practice unworthy of the law enforcement professional It weakens the public s con dence in the police and decreases citizen trust and cooperation Racial or ethnic indicators associated with particular suspects may have a place in legitimate law enforcement strategies if they accurately relate to suspects who are being sought for criminal law violations Civil liability arises because officers sometimes inappropriately use power to curtail the civil and due process rights of criminal suspects Civil law suits can target police officers and agencies 1983 lawsuits refer to the federal suits based on claims that officers acted with disregard for an individual s right to due process Recent court cases have restricted the opportunity for law enforcement agencies and their officers to exercise claims of immunity Chapter 9 The Courts Structure and Participants The US has two judicial systems One is a state system of state and local courts established under the authority of the state governments The second is the federal court system created by Congress under the authority of the US Constitution The dual court system addresses the need for individual states to retain signi cant legislative authority and judicial autonomy separate from federal control State court systems consist of trial courts of limited jurisdiction trial courts of general jurisdiction and appellate courts usually involving a state supreme court State powers have the ability to decide every type of case subject only to the limitations of the US Constitution their own state constitutions and state law The federal court system has three levels US District courts US court of appeals and the US Supreme Court The US Supreme Court can only hear cases on appeals from lower courts The courtroom work group is guided by requirements and ethical considerations Its members work to bring the criminal trial and other courtroom procedures to a successful close Nonprofessional courtroom participants include lay witnesses jurors the victim the defendant and spectators and members of the press Nonjudicial courtroom personnel may be unwilling participants in a criminal trial Chapter 10 Pretrial Activities and the Criminal Trial Pretrial activities include the rst appearance the preliminary hearing the ling of an information or the return of an indictment and arraignment where the defendant may enter a guilty plea Guilty pleas are typically arrived after complex negotiations known as pleabargaining The criminal trial is an adversarial process that pits the prosecution against the defense The primary purpose of a criminal trial is to determine whether a defendant violated criminal law of the jurisdiction in which the court has authority A criminal trial has eight stages trial initiation jury selection opening statements the presentation of evidence closing arguments the judge s charge to the jury jury deliberations and the verdict Some have suggested the use of professional jurors who would be well versed in the law and in trial practice and would resolve questions of guilt or innocence more on the basis of reason than emotion Some people question the American court system and suggest that court uni cation might help address a number of today s problems by reducing the number ofjurisdictions resulting in more uniform procedures Intro to Criminal Justice Midterm Study Guide Criminal Justice Today Vocab De nitions Crime Conduct in violation of the criminal laws of a state federal government or local jurisdiction with no legally acceptable justi cation Individual rights rights guaranteed to all American citizens by the Constitution These rights are important to criminal defendants facing formal processing by the criminal justice system Social Disorganization a condition when a group is faced with social change con ict maladaptiveness and lack of consensus Individual rights perspective seeks to protect personal freedoms within the process of criminal justice Publicorder perspective Under certain circumstances involving a criminal threat to public safety the interest of society should take place over individual rights Social order Society is integrated has consensus smooth functioning lack of con ict Justice principle of fairness moral equity Social Justice embraces all aspect of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong Civil Justice fairness in relationships between citizens government agencies and business in private matters Criminal Justice aspects of social justice that concern violations of the criminal laws Administration ofJustice the performance of detection apprehension detention pretrial release posttrial release prosecution adjudication correctional supervision or rehabilitation of accused persons or criminal offenders Criminal Justice system the aggregate of all operating and administrative or technical support agencies that perform criminal justice functions Consensus model the system s components work together harmoniously to achieve the social product of justice Con ict model the system s components function primarily to serve their own interest Justice is more of a product of con icts among agencies within the system Sustainable justice criminal laws and criminal justice institutions policies and practices that achieve justice in the present without compromising the ability of future generations to have the bene ts of a just society Investigation The part of the criminal justice process where evidence is gathered and followup investigations attempt to act out the sequence of event leading up to and including the criminal event Start to identify suspects Warrant a document issued by a judicial of cer directing a law enforcement officer to perform a speci ed act and affording the of cer protection from damages if he or she performs it Arrest Act of taking an adult or juvenile into custody Booking administrative procedure where of cers record the events leading up to and including the arrest DNA evidence may be collected suspects advised of their rights again Bail money or property pledged to the court or deposited with the court to release a person from legal custody Probable cause a set of facts and evidence that would induce a person to believe that a crime has been committed by a speci ed person Information written accusation submitted to a court by a prosecutor claiming that a certain person has committed a speci ed offense Indictment written accusation submitted to the court by a grand jury claiming that a certain person has committed a speci ed offense usually a felony Procedural law speci es the type of evidence that can be submitted and what a jury is allowed to hear Consecutive sentence one of two or more sentences imposed at the same time ad served in sequence with the other Concurrent sentence one of two or more sentences imposed at the same time and served at the same time Due Process underlies the Bill of rights and is speci cally guaranteed by the 5t 6t and 14th amendments Crimecontrol model criminal justice perspective that emphasizes the ef cient arrest and conviction of criminal offenders Due process model criminal justice perspective that emphasizes individual rights at all stages of the justice system Social control use of sanctions and rewards within a group to in uence the behavior of individual members of that group Evidencebased practice crime ghting strategies that have been scienti cally tested and are based on social science research Multiculturalism society of a multitude of different culture norms values and routine behaviors Uniform Crime Reporting Program Statistical reporting program by FBI s Criminal Justice Information Services CJIS Provides annual summary of incidence and rate of reported crimes in the US National Crime Victimization Survey Annual surveys of selected US households run by Bureau ofJustice Statistics to determine extent of victimization in the US SelfReports crime measures based on surveys that ask respondents to reveal illegal activity they ve been involved in Crime index summary of the seven major offenses murder rape robbery aggravated assault burglary larcenytheft and motor vehicle theft and expresses the result as crime rate based on population National IncidentBased Reporting System NIBRS Incident based reporting system that collects data on every crime occurrence Replaces traditional UCR Violent Crimes summary offense category including murder rape robbery and aggravated assault Property crimes summary offense category including burglary larcenytheft motor vehicle theft and arson Crimes against public order acts that disrupt peace in a civil society Clearance rate proportion of reported crimes that have been solved Part 1 Offenses offense group used to report murder rape robbery aggravated assault burglary larcenytheft motor vehicle theft and arson Murder unlawful killing of a human being Rape unlawful sexual intercourse achieved through force and without consent Forcible rape bodily knowledge of a person forcibly and against his or her will Penetration with any body part or object without consent of victim Statutory rape rape usually involving nonforcible sexual intercourse with a minor Date rape unlawful forced sexual intercourse that occurs within the context of a dating relationship Power thesis heterosexual rape is the rapist s desire to keep women in their place and to preserve gender inequality through violence Robbery unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence Personal crime involving facetoface confrontation between a victim and a perpetrator Assaults unlawful attempted or completed attacks by one person upon another Aggravated Assault intentional in icting or attempted or threatened in icting of serious injury upon the person of another Burglary unlawful entry of a structure to commit a felony or theft Larcenytheft unlawful taking or attempted taking of property from the possession or constructive possession of another Identity theft imposter obtains key information such as social security and drivers license to obtain credit merchandise and services in the name of the victim Motor Vehicle theft theft of attempted theft of a motor vehicle Arson willful or malicious burning or attempt to burn a dwelling house public building motor vehicle or aircraft personal property of another etc Part 2 Offenses offense group used to report arrests for less serious offenses Dark gure of crime crime that isn t reported to police and remains unknown to officials Crime typology classi cation of crimes along a particular dimension like legal categories offender motivation victim behavior or characteristic of individual offenders Stalking repeated harassing and threatening behavior by one individual against another Planned out or carried out in secret Hate crimes criminal offense committed against a person property or society that is motivated by offender s bias against a race religion disability or sexual orientation Hate Crimes Statistic Act mandates a statistical tally of hate crimes Corporate Crime violation of criminal laws by corporate entity or by its executives employees or agents acting on behalf of or for the bene t of the company or corporation Whitecollar crime violations of criminal law committed by a person of high social status in the course of their occupation Organized crime unlawful activities of members of a highly organized disciplined association engaged in supplying illegal goods or services Transnational organized crime unlawful activity undertaken and supported by organized criminal groups operating across national boundades Cybercrime any crime perpetrated through the use of computer technology Law A rule of conduct general found in the form a statute that proscribes or mandates certain forms of behavior Statutory law Written or codi ed law the quotlaw on the booksquot as enacted by a government body or agency having the power to make laws Penal code The written organized and compiled laws of the criminal laws of a jurisdiction Case law the body of judicial precedent historically built on legal reasoning and past interpretations of statutory laws that serves as a guide to decision making especially in the courts Common law Law originating from usage and custom rather than from written statutes An unwritten body ofjudicial opinion based on customs traditions and precedents Rule of law The maxim that an orderly society must be governed by established principles and known codes that an applied uniformly and family to all of its members Jurisprudence The philosophy of law The science and study of the law Substantive criminal law statutory law that describes what constitutes particular crimes and speci es the appropriate punishments for the offense Procedural criminal law body of rules that determines the proceedings by which legal rights are enforced Regulate the gathering of evidence and the processing of offenders by the criminal justice system Tort A wrongful act damage or injury not involving a breach of contract Felonies Criminal offense punishable by death or by incarceration in a prison facility for at least one year Misdemeanors An offense punishable by incarceration usually in a local con nement facility for a period whose upper limit is prescribed by statute in a given jurisdiction usually one year or less Offenses a violation of the criminal law Infraction minor violation of state statute or local ordinance punishable by a ne of other penalty or by a speci ed limited term of incarceration Treason US citizen s actions to help a foreign government overthrow make war against or seriously injure the United States Espionage The gathering transmitting or losing of information related to the national defense in such a manner that the information becomes available to enemies of the United States for their advantage lnchoate offenses An offense not yet completed Also offenses that consists of an action or conduct that is a step toward the intended commission of another offense The criminal act actus reus An act in violation of the law A culpable mental state mens rea Persons state of mind when they commit the act Purposeful an act that is undertaken to achieve some goal Knowing behavior is undertaken with awareness A person who acts purposefully always acts knowingly but not always viseversa Reckless behavior is activity that increases the risk of harm Person may not have intended harm but should know that his behavior could endanger others Negligent person should have known better and her act or failure to act endangers others Motive A person s reason for committing a crime Strict liability Liability without fault of intention Causation The fact that the concurrence of a guilty mind and a criminal act may cause harm Legal cause a legally recognizable cause A legal cause must be demonstrated in court in order to hold an individual criminally liable for causing harm Principle of legality A behavior can t be criminal if no law exists that de nes it as such Ex post facto The constitution prohibits the enactments of ex post facto laws which make acts committed before the laws were set in place punishable as crimes Principle of punishment no crime can be said to occur where punishment has not been speci ed in the law Element of a crime In a speci c crime one of the essential features of that crime as speci ed by law Corpus delicti The facts that show that a crime has happened Defense to a criminal chargeevidence and arguments offered by a defendant and his or her attorney to show why the defendant should not be held liable for a criminal charge Alibi the defendant could not have committed the offense because he was somewhere else at the time of the crime lusti cations defendant admits to committing the act in question but claims it was necessary to avoid some greater evil Reasonable force a degree of force that is appropriate in a given situation and is not excessive Alter ego rule rule that holds that a person can defend a third party only under circumstances and only to the degree that the third party could legally act on their own behalf Excuses some personal condition or circumstance at the time of the act so that he or she should not be held accountable under criminal law Insanity defense A legal defense based on claims of mental illness or mental incapacity M39Naughten rule a rule for determining insanity which asks whether the defendant knew what he or she was doing of if they knew it was wrong Diminished capacity mental condition that may be insuf cient to free the defendant of guilt but that may be relevant to speci c mental elements of certain crimes Incompetent to stand trial as a result of mental illness defect or disability a defendant isn t able to understand the nature of the charges against them of consulting with an attorney or aiding in their defense Entrapment improper or illegal inducement to crime by agents of law enforcement Double Jeopardy A common law and constitutional prohibition against a second trial for the same offense Comes stabuli A nonuniformed mounted law enforcement officer of medieval England Night watch early form of police control in English towns and cities Statute of Winchester Created a watch and ward system in English cities and towns and that codi ed early police practices Bow Street Runners An early English police unit formed under the leadership of Henry Fielding magistrate of the Bow Street region on London Vigilantism the act of taking the law into ones own hands Law Enforcement Assistance Administration Now nonoperational federal agency established under Title I of the omnibus Crime Control and Safe Streets Act of 1968 to funnel federal funding to state and local law enforcement agencies Recognized that prohibition was unenforceable and was too risky for police corruption Scienti c management Application of scienti c techniques to the study of police administration for the purpose of increasing effectiveness reducing the frequency of citizen complaints and enhancing the efficient use of available resources Directed patrol police management strategy designed to increase productivity of patrol officers Federal law enforcement A US government agency or office whose primary functional responsibility is to enforce federal criminal laws Individuals authorized to conduct criminal investigation execute search warrants make arrests or carry rearms Sworn of cers law enforcement of cer who is trained and empowered to perform full police duties such as making arrests conducting investigations and carrying rearms Private protective services Independent or proprietary commercial organization that provides protective services to employers on a contractual basis CompStat A crimeanalysis and police management process built on crime mapping developed by NYPD in mid 19905 Qualityof life offenses Minor violation of the law that demoralizes community residents and businesspeople Involve acts that create physical disorder or that re ect social decay Response time A measure of time that it takes for police of cers to respond to calls for service Preliminary Investigation Everything done by a police of cer who responds to the scene of a crime including determining whether a rime has occurred securing the crime scene and preserving evidence Crime scene investigators Expert trained in the use of forensics techniques like gathering DNA evidence collecting ngerprints photographing the scene sketching and interviewing witnesses Solvability factor Information about a crime that forms the basis for determining the perpetrator s identity Police management administrative activities of controlling directing and coordinating police personnel resources and activities in the service of preventing crime apprehending criminals recovering stolen property and performing regulatory and helping services Line operations eld activities or supervisory activities directly related to daytoday police work Staff operations activities that provide support for the line operations Span of control the number of police personnel or the number of units supervised by a particular commander The Watchman Style Concern for order maintenance Characteristic of lowerclass communities where police intervene informally into the lives of residents to keep the peace The Legalistic Style Strict concern with enforcing the precise letter of the law Legalistic departments may take a handsoff approach to disruptive or problematic behavior that doesn t violate the criminal law The Service Style Concern with helping rather than strict enforcement Serviceoriented police agencies more likely to use community resources to supplement traditional law enforcement activities Team policing Reorganization of conventional patrol strategies into an integrated and versatile police team assigned to a xed district Strategic policing Retains the traditional police goal of professional crime ghting but enlarges the enforcement target to include nontraditional kinds of criminals Makes use of innovative enforcement techniques ProblemSolving Policing Assumes that uncovering and effectively addressing the underlying social problems that cause crime can control crimes Makes use of community resources Community policing Collaborative effort between the police and the community that identi es problems of crime and disorder and involves all elements of the community in the search for solutions to these problems Police Subculture Set of values beliefs and acceptable forms of behavior characteristic of the American police Intelligenceled policing Collection and analysis of information to produce an intelligence end product designed to inform police decision making at both the tactical and strategic eves Criminal Intelligence Information compiled analyzed or disseminated in an effort to anticipate prevent or monitor criminal activity Intended to provide meaningful direction to law enforcement decision makers about complex criminality criminal enterprises criminal extremists and terrorists Police discretion The opportunity for police officers to exercise choice in their enforcement activities Police professionalism The increasing formation of police work and the accompanying rise in public acceptance of the police Requires police to have a lot of specialized knowledge and that they follow the standards and ethics set out by the profession Police ethics the special responsibility to adhere to moral duty and obligation that is inherent in police work Peace of cer standards and training POST program Official program of state or legislative jurisdiction that sets standards for the training of law enforcement officers Landmark cases A precedentsetting court decision that produces substantial changes in both the understanding of the requirements of due process and the practical daytoday operations of the justice system Illegally seized evidence Evidence seized without regard to the principles of due process as described by the Bill of Rights Usually due to improper warrants or improperly conducted interrogations The Exclusionary Rule The understanding based on US Supreme Court precedent that incriminating information must be seized according to constitutional speci cations of due process or it will not be allowed as evidence in a criminal trial Writ of certiorari Writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case The fruit of the poisonous tree doctrine A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure Goodfaith exception Exception to the exclusionary rule Law enforcement officers who conduct a search or who seize evidence on the basis of good faith and who late discover that a mistake was made may still provide the evidence in court Emergency searches A search conducted by the police without a warrant which is justi ed on the basis of some immediate and overriding need like public safety likely escape of a dangerous suspect or the removaldestruction of evidence Anticipatory warrants Search warrant issued on the basis of probable cause to believe that evidence of a crime while not presently at the place described will likely be there when the warrant is executed Arrest Taking an adult orjuvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense delinquent act or a status offense Arrest occurs whenever an officer restrains a persons freedom to leave Reasonable suspicion Level of suspicion that would justify an officer in making further inquiry or in conducting further investigation Fleetingtargets exception Exception to the exclusionary rule that permits officers to search a vehicle based on probable cause and without a warrant Compelling interest Provides basis for suspicionless searches when public safety is at stake Public safety sometimes provides a compelling interest to justify limiting an individual s right to privacy Suspicionless searches A search conducted by law enforcement without a warrant and without suspicion Only allowed if based on an overriding concern for public safety Interrogation The information gathering activity of police officers that involves the direct questioning of suspects Inherent coercion The tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information Psychological manipulation Manipulative actions by police interviewers that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control Miranda warnings Advisement of rights due criminal suspects by the police before questioning begins Miranda triggers The dual principles of custody and interrogation both of which are necessary before an advisement of rights is required Electronic evidence information and data of investigative value that are stored in or transmitted by an electronic device Latent evidence Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye Police working personality all aspects of the traditional values and patterns of behavior evidenced by police officers that have been effectively socialized into the police subculture Police corruption The abuse of police authority for personal or organizational gain Knapp Commission a committee that investigated police corruption in NYC in the early 19705 Internal affairs Branch of police organization tasked with investigating charges of wrongdoing involving members of the department Biological weapon Biological agent used to threaten human life Police use of force The use of physical restraint by a police officer when dealing with a member of the public Excessive force The application of an amount andor frequency of force greater than that required to compel compliance from a willing or unwilling subject Problem police of cers A law enforcement officer who exhibits problem behavior as indicated by high rates of citizen complaints and useof force incidents and by other evidence Deadly force Force likely to cause death or great bodily harm Also the intentional use of rearm or other instrument resulting in a high probability of death LessLethal Weapons A weapon designed to disable capture or immobilize but not kill a suspect Racial pro ling Any policeinitiated action that relies on the race ethnicity or national origin rather than the behavior or the information that leads the police to the individual that has been identi ed to be engaged in criminal activity Civil liability Potential responsibility for payment of damages or other courtordered enforcement as a result of a ruling in a lawsuit 1983 Lawsuits A civil suit brought under Title 42 Section 1983 of the US Code against anyone who denies others their constitutional right to life liberty or property without due process of law Bivens Action A civil suit based on the case of Bivens v Six Unknown Federal Agents brought against federal government officials for denying the constitutional rights of others Federal Court system The threetiered structure of federal courts comprising US district courts US courts of appeal and the US Supreme Court Statecourt system A state judicial structure Most states have at least three court levels trial courts appellate courts and a stat supreme court Jurisdiction The territory subject matter or people over which a court or otherjustice agency may exercise lawful authority as determined by statute or constitution Original jurisdiction The lawful authority of a court to hear or act on a case from its beginning and to pass judgment on the law and the facts The authority may be over a speci c geographic area or over particular types of cases Appellate jurisdiction The lawful authority of a court to review a decision made by a lower court Trial de Novo quotnew trialquot applied to cases that are retried on appeal as opposed to those that are simply reviewed on the record Court of last resort The court authorized by law to hear the nal appeal on a matter Appeal The request that a court with appellate jurisdiction review the judgment of a lower court and reverse it or modify it State court administrators A coordinator who assists with the case ow management operating funds budgeting and court docket administration Disputeresolution centers An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court Community courts A lowlevel court that focuses on qualityof life crimes that erode a neighborhood s morale Specialized courts Lowlevel courts that focus on relatively minor offenses and handles special populations or addresses special issues such as reentry Judicial review The power of a court to review actions and decisions made by other agencies of government Courtroom work group The professional courtroom actors including judges attorneys public defenders and others who earn a living serving the court Judge An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials Prosecutor An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses Prosecutorial discretion The decision making power of prosecutors based on the choices available to them in handling criminal defendants scheduling cases for trial and acceptance of negotiated pleas etc Exculpatory evidence An information having a tendency to clear a person of guilt or blame The Defense council A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law Public defender An attorney employed by a government agency or subagency or by a private organization under contract to a government body for the purpose of providing defense services to indigents or an attorney who has volunteered such service The Bailiff The court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury Expert witnesses A person who has special knowledge and skills recognized by the court as relevant to the determination of guilt orinnocence Daubert standard A test of scienti c acceptability applicable to the gathering of evidence in criminal cases Lay Witnesses An eyewitness character witness or other person called on to testify who is not considered an expert Subpoena Written order issued by a judicial officer or grand jury requiring an individual to appear in court and give testimony or to bring material to be used as evidence Victims39 assistance programs An organized program that offers services to victims of crime in the areas of crisis intervention and followup counseling and that helps victims secure their rights under law Jurors A member of a trial or grand jury who has been selected forjury duty and is required to serve as an arbiter of the facts in a court of law Change of venue Movement of a trial or lawsuit to another jurisdiction First appearance An appearance before a magistrate or lowercourt judge for the purpose of hearing the formal notice of charges against the defendant advising them of their rights give them the opportunity to have a lawyer and awarded the opportunity for bail Pretrial release release of an accused person from custody for all or part of the time before or during prosecution on his promise to appear in court Bail bonds Usually cash deposits but may be based on property or other valuables that promise that the accused will return for further hearings Danger laws law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community Competent to stand trial court decides if the defendant has sufficient present ability to consult with the attorney with a reasonable degree of rational understanding and factual understanding of the proceedings against him or her Plea the defendant s formal answer in court to the charge contained in a complaint that he or she is guilty not guilty or does not contest to the charge Rules of evidence court rules that govern the admissibility of evidence at criminal hearings and trials Adversarial system the two sided structure where American criminal trial court operates Pits the prosecution against the defense Speedy Trial Act 1974 Federal law requiring that proceedings against a defendant in a federal criminal case begin within a speci ed period of time Peremptory challenges challenge a potential juror without disclosing the reason for that challenge Jury selection the process where according to law and precedent members of a trial jury are chosen Scienti c jury selection the use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal Sequestered jury a jury that is isolated from the public during the course of the trial and throughout the deliberation process Evidence anything useful to a judge orjury in deciding the facts of a case Direct evidence evidence that directly proves a fact Circumstantial evidence evidence that requires interpretation or that requires a judge orjury to reach a conclusion based on what the evidence indicates Real evidence Evidence that consists of physical material or traces of physical activity Probative value The degree to which a particular item of evidence is useful in and relevant to proving something important in a trial Testimony oral evidence offered by a sworn witness on the witness stand during a criminal trial Perjury the intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand Hearsay anything that is not based on the personal knowledge of a witness Witnesses who testify about something they have heard Hearsay rulethe precedent that states that hearsay can t be used in American courtrooms Prohibits the use of quotsecondhand evidencequot Reasonable doubt standard the standard of proof necessary for conviction in criminal trials Verdict the decision of the jury in a trial
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