CJC101 Exam 2 Study Guide
CJC101 Exam 2 Study Guide Criminal Justice 101
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Criminal Justice 101
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This 16 page Study Guide was uploaded by Savannah Tipton on Friday October 16, 2015. The Study Guide belongs to Criminal Justice 101 at Ball State University taught by Jennifer Christman in Summer 2015. Since its upload, it has received 257 views. For similar materials see Introduction to American Criminal Justice System in Criminal Justice at Ball State University.
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Date Created: 10/16/15
Study Guide Chapters 58 Includes 0 de ned vocab list court cases 0 notes on each chapter CH 5 Vocab Service Style style of policing in which of cers cater to citizens desire for favorable treatment and sensitivity to individual situations by using discretion to handle minor matters in ways that seek to avoid embarrassment or punishment Domestic violence commonly refers to intimate partner violence or violence between spouses boyfriends and girlfriends Watchmen Style policing style that emphasizes order maintenance and tolerates minor violations of law as of cers use discretion to handle small infractions informally but make arrest for major violations Law enforcement police function of controlling crime by intervening in situations in which the law has clearly been violated and the police need to identify and apprehend guilty person Patrol units the core operations units of local police departments that deploy uniformed of cers to handle the full array of police functions for service order maintenance and law enforcement Interpol the international criminal police organization through which countries cooperate in investigating crimes especially situations in which lawbreakers have crossed international boarders or participated in multicountry criminal activities Slave patrols distinctively American form of law enforcement in southern states that sought to catch and control slaves through patrol groups that stopped and questioned African Americans on roads and elsewhere in public places Service the police function of providing assistance to the public usually in matters unrelated to crime Chain of command organizational structure based on a military model with clear de nition of ranks to indicate authority over subordinates and obligations to obey orders from superiors Order maintenance the police function of preventing behavior that disturbs or threatens to disturb the public peace or that involves face to face con ict among two or more people In such situations the police exercise discretion in deciding whether a law has been broken Frankpledge A system in old English law in which members of a tithing a group of ten families pledges to be responsible for keeping order and bringing violators of the law to court Sheriff top law enforcement of cial in county government who was an exceptionally important police of cial during the country s westward expansion and continues to bear primary responsibility for many local jails US Marshals federal law enforcement of cials appointed to handle duties in western territories and today bear responsibility for federal court security and apprehending fugitives Legalistic Style style of policing that emphasizes strict enforcement of laws and reduces of cers authority to handle matters informally Watch system practice of assigning individuals to night observation duty to warn the public of res and crime that was rst introduced to the American colonies in Boston and that later evolved into a system of paid uniformed police Intelligence led policing an approach to policing in conjunction with concerns about homeland security that emphasizes gathering and analyzing information to be shared among agencies in order to develop cooperative efforts to identify prevent and solve problems CH 6 Vocab Differential response a patrol strategy that assigns priorities to calls for service and then determines the appropriate responses depending on the importance or urgency of the call quotBroken windowsquot theorv in uential theory about increases in fear and crime within neighborhoods when there is insuf cient police attention to seemingly minor public order offenses such as vandalism loitering aggressive panhandling and prostitution Problem oriented policing an approach to policing in which of cers routinely seek to identify analyze and respond to the circumstances underlying the incidents that prompt citizens to call the police Reactive acting in response such as police activity in response to noti cation that a crime has been committed Proactive acting in anticipation such as an active search for potential offenders that is initiated by the police without waiting for a crime to be reported Arrests for victimless crimes are usually proactive School resource of cers SROs police of cers assigned for duty in schools to assist in order maintenance while also developing positive relationships with students that may assist in delinquency prevention Clearance rate the percentage rate of crimes known to the police that they believe have solved through an arrest a statistic used to measure a police department s productivity Preventative patrol making the police presence known in order to deter crime and to make of cers 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 Subculture the symbols beliefs and values shared by members of subgroup of the larger society Incidentdriven policinq a reactive approach to policing emphasizing a quick response to calls for service Line functions police components that directly perform eld operations and carry out the basic functions of patrol investigation traf c vice juvenile and so on Socialization the process by which the rules symbols and values of a group or subculture are learned by its members Working personality a set of emotional and behavioral characteristics developed by a member of an occupational group in which response to the work situation and environmental in uences Sworn of cers police employees who have taken an oath and been given powers by the state to make arrests and use necessary force in accordance with their duties CH 7 Vocab Law enforcement intelligence information collected and analyzed by law enforcement of cials concerning criminal activities and organizations such as gangs drug traf ckers and organized crime Lesslethal weapons weapons such as pepper spray and air red beanbags or nets that intend to incapacitate a suspect without in icting serious injuries Excessive use of force applications of force against individuals by police of cers that violate either departmental policies or constitutional rights by exceeding the level of force permissible and necessary in a given situation Section 1938 lawsuits civil lawsuits authorized by a federal statute against state and local of cials and local agencies when citizens have evidence that their federal constitutional rights have been violated by these authorities Internal affairs unit a branch of a police department that receives and investigates complaints alleging violations of rules and policies on the part of of cers USA patriot act a federal statute passed in the aftermath of the terrorist attack on 911 in 2001 which broadens government authority to conduct searches and wiretaps and that expands the de nitions of crimes involving terrorism Commission on Accreditation for Law Enforcement Agencies CALEA nonpro t organization formed by major law enforcement executives associations to develop standards for police practices and policies on request will review police agencies and award accreditation upon meeting those standards Latent ngerprints impressions from the ridges of ngerprints that are left behind on objects due to natural secretions from the skin or contaminating materials such as ink blood or dirt which were present on the ngertips at the time of their contact with objects Geographic information system GIS computer technology and software that enable law enforcement of cials to map problem locations to better understand calls for service and the nature and frequency of crimes and other speci c issues within speci c neighborhoods Fusion centers centers run by states and large cities that analyze and facilitate sharing of information to assist law enforcement and homeland security agencies in preventing and responding to crime and terrorist threats Civilian review boards citizens committee formed to investigate complaints against police Chapter 8 Vocab Plain view doctrine of cers 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 Searches of cials examination of and hunt for evidence in or on a person or place in a manner that intrudes on reasonable expectations of privacy Open elds doctrine of cers are permitted to search and to seize evidence without a warrant on private property beyond the area immediately surrounding the house Reasonable suspicion a police of cer 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 Exclusionary rule the principle that illegally obtained evidence must be excluded from a trial Probable cause reliable information indicating that evidence will likely be found in a speci c location or that a speci c person is likely to be guilty of a crime Af davit written statement of fact supported by oath or af rmation submitted to judicial of cers to ful ll their requirements of probable cause of obtaining a warrant Exigent circumstances when there is a threat to public safety or the risk that evidence will be destroyed of cers may search arrest or question suspects without obtaining a warrant or following other usual rules of criminal procedure Seizure situations in which police of cers use their authority to deprive people of their liberty and property Totalitv of circumstance test exible test established by the Supreme Court for identifying whether probable cause exists to justify the issuance of a warrant Good faith exception when police act in honest reliance on a warrant the evidence seized is admissible even if the warrant is later proved defective Public safety exception when public safety in jeopardy police may question a suspect in custody without providing the Miranda warning Inevitable discovery exception improperly obtained evidence can be used when it would later have inevitably been discovered without improper actions by the police Stop government officials interference with an individual s freedom of movement for a duration that typically lasts for a limited number of minutes and only rarely exceeds one hour Reasonable expectations of privacv standard developed for determining whether a government intrusion of a person or property constitutes a search because it interfered with individual interests that are normally protected from government intrusion Stopandfrisk search limited search approved by the Supreme Court in Terry v Ohio that permits of cers to pat down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity Court Cases Mapp v Ohio 1961 evidence obtained through illegal searches by state and local police must be excluded from use at trial Escobedo v Illinois 1964 police cannot refuse access to attorney for arrested suspects who ask to see one Miranda v Arizona 1966 before questioning a suspect held in custody police of cers must inform the individual of the right to remain silent and the right to have an attorney present during questioning Terry v Ohio 1968 Supreme Court decision endorsing police of cers authority to stop and frisk suspects on the street when there is reasonable suspicion that they are armed and involved in criminal activity Chimel v California 1969 Supreme Court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested Nix v Williams 1984 decision in which the Supreme Court created the quotinevitable discoveryquot exception to the exclusionary rule Tennessee v Garner 1985 deadly force may not be used against an unarmed and eeing suspect unless necessary to prevent escape and unless the of cer has probable cause to believe that the suspect poses a signi cant threat of death or serious injury to the of cers and others lllinois v Rodriguez 1990 of cers may rely on reasonable beliefs that a person giving consent to a search has authority over the apartment house or vehicle Florida v LL 2000 police of cers may not conduct a stopandfrisk search based so on an anonymous tip Kyllo v United States 2001 law enforcement of cials cannot examine a home with a thermalimaging device unless they obtain a warrant United States v Drayton 2002 police of cers are not required to inform people of their right to decline when police ask for consent to search Herring v United States 2009 when of cers act in good faith reliance on computerized records concerning outstanding warrants evidence found in a search incident to arrest in admissible even if the arrest was based on an erroneous record that wrongly indicated the existence of a warrant Arizona v Grant 2009 an arrest does not justify a vehicle search if the handcuffed driver has already been removed and poses no danger to of cers or to the preservation of evidence Kentuckv v King 2011 police of cers can use the exigent circumstances justi cation to conduct a warrantless search even when their own actions such as knocking loudly on the wrong door in an apartment building lead to the sounds inside the dwelling that trigger the beliefs in the necessity of an immediate search United States v lones 2012 law enforcement of cials cannot place a GPS device on a vehicle to monitor its movements based on their own discretion without obtaining a warrant or having another properjusti cation Maryland v King 2013 US Supreme Court decision that endorsed the legality of collecting DNA samples from individuals arrested but not yet convicted of serious offenses Chapter 5 Policing The English roots of the American police 0 3 major aspects evolved from English legal tradition 0 Limited authority 0 Local control 0 Fragmented organization agencies overlap Early English police Frankpledge System 0 Families banded together for protection 0 Tithings were formed 10 families 0 The tithing was ned if members did not perform their duties ConstableWatch System 0 Watchmen were appointed to help the constable o Patrol and enforcement of laws 18th Century English Policing Industrial revolutiongt crime dramatically increases due to urbanization rapid growth in cities 0 1829 the quotMetropolitan Police Act MPAquot is passed in parliament while Sir Robert Peel is home secretary MPA creates the 1St police force of over 1000 men Mandates of the MPA Prevent crime without being repressive Maintain public order without violence 0 Reduce con ict between public and police 0 Show ef ciency through absence of crime and disorder American Colonial Era Policing Drew on English roots and adopted the of ces 0 Watch system focus on order maintenance Militia used in large scale con icts The Political Era 18401920 0 Fear of the urban street increased need for police protection 0 1845 NYC has the 1St full time police force paid 1850most major cities have a police force 0 Police duties foot patrol service emergencies Police seen as public servants Police closely tied with politics The Professional Model 19201970 0 August Vollmer chief of police in Berkley California who was focused on professionalism police separate from politics police as a quotcrime Fighterquot 0 Public concerns of corruption lead to reforms 6 of Professional Policing 1 Force should stay out of politics 2 Members train disciplined and organized 3 Laws equally enforced 4 Police should utilize new technology 5 Personnel procedures should be based on merit 6 Main task of policing crime ghting Research and police work 0 Increase police presence had little effect on crime rates 0 Rapid response does NOT greatly increase arrest rates 0 Improving percentage of crimes solved is dif cult The Community Policing Era Good policecommunity relationships 0 Cops on the street to reestablish rapport Federal assistance to local and state agencies to ght war on crime Recruitmentpromotion of women and minorities increase 0 Concept of community and problem oriented policing 0 Police unions increase 0 Government faced budget cuts Riots and brutality claims led to examination of traditional policing 0 Citizens must actively participate with police in ghting crime 0 Effective of cer will be one whose skills produced wellmanaged communities 0 Training and recruitment must be altered The Next Era Homeland Security Evidence Based Policing Homeland security priority at federal level Events on 911 impacted federal law 0 Shifted funding 0 Reorganization of most federal agencies Law Enforcement in the US Today 0 3063 sheriff s departments county 0 12501 local police departments municipal 1481 special police departments 0 49 state police departments 0 24 federal agencies employ 250 or more fulltime of cers authorized to carry rearms and make arrests 135 native American tribal police agencies Federal Law Enforcement 0 Part of the executive branch of the federal government 0 Investigate speci c crimes de ned by congress 0 FBI is the federal governments general law enforcement agency 0 Other agencies responsible for speci c law DEAICE Federal Marshalls IRS State Police Agencies 0 All states have police except Hawaii 0 Texas rangers were the 1St state agency 0 State police vs highway patrol General responsibilities 0 Highway safety Law enforcement Technical support Drug investigations Investigate police shootings 0000 County Law Enforcement Sheriffs responsible for county law enforcement Responsibilities 0 Police rural areas 0 Operate county jail 0 Court protection bailiff 0 Serve civil papers 0 All counties have sheriffs except Alaska Native American Tribal Police Treaties create sovereign nations that have some legal authority 0 Some tribes have the legal ability to enforce tribal criminal laws on tribal lands 0 Enforcement duty of Bureau of Indian Affairs BIA Separate tribal police department Municipal Police citytown General law enforcement Greatest percent of of cers of all levels 0 Range from 1 to the NYPD with 34000 0 Most agencies employ under 20 0 Most agencies decentralized o Authorized funded operated within jurisdiction 0 Each jurisdiction has its own goals and policies Special jurisdiction Agencies 0 Nearly 1700 police agencies serve a speci c geographical area 0 About 57000 of cers 0 EX Colleges universities hospitals trains airports lakes etc Police Organization Hierarchical structure 0 Organization are bureaucratic in nature 0 Division of labor 0 Patrol special ops investigative clericalsupport forensic Chain and unity of command 0 Formal rules and procedures Factors Effecting Police Policy Decisions 0 Political culture of areas Socioeconomic nature of the area 0 How the local government is organized Availability of limited resources 0 Value judgements regarding what offenses receive the most attention Everyday Police Action Police Discretion Five Factors 1 Nature of the crime 2 Relationship between criminal and victim 3 Relationship between police and criminal or victim 4 Raceethnicity age gender and class 5 Departmental policy Chapter 6 Police Of cers and Enforcement Operations Who are the police Policing is a dif cult and dangerous job 0 Unpredictable sudden situations 0 Modest salaries high stress Appealing aspects 0 Excitement 0 Public service 0 Civil service bene ts What are reasons to choose police work 0 Variety Responsibility service 0 Adventure Secur y Recruitment 0 Many factors determine who is hired 0 Physical tness tests 0 Background Character Psychological evaluations Prior criminal record check 0 Education level of applicant 0 Lateral hiring Changing Pro le of Police 0 Police of cers have traditionally been white males 0 Departments are becoming more diverse and actively seek women and minorities Since 1970s the percent of women and minority groups has doubled Trailblazers faced hostility and harassment but female and minority of cers now wellaccepted Community policing Communitybased crime prevention Changing the focus of patrol activities to nonemergency services Include residents in decision making Problemoriented policing Crime and the impact of patrol Declining crime attributed to o Aggressive patrol 0 Community policing 0 Increased incarceration stiff sentences 0 Recent spike in violent crime 0 Export of prison culture to the streets The future of patrol Rise of community policing 0 Tactics need to t local needs 0 Order maintenance and services 0 Budget cuts and reductions o Constricts exibility 0 Call responses can be delayed Effort to combat terrorism domestic and foreign Chapter 7 Policing Issues and Trends New laws and controversies Post 911 attacks over 30 states added new laws some controversial Violating individual rights Privacy 0 Use of drones wide range of capabilities Overstepping of bounds 0 Gang and drug prosecution under antiterrorism laws 0 USA Patriot Act USA Freedom Act 0 Excessive authority Security Management and Private Policing Private security has become more complex and important 0 Protection of company assets Threats have spurred expansion 0 Increased workplace crime 0 Increased fears real and imagined Employment in private and public protection 19202010 0 Private security has steadily increased 0 Public security has been steady and constant Functions of security management and private policing 0 Security managers ll multiple roles 0 Police and re chief emergency management and computer security 0 Risk management predict potential risks and take action to reduce those risks 0 Private sector detectives Security guards Performance of simple police tasks Abuse of power 0 Use of force 0 What is meant by excessive force and police brutality 0 Used infrequently usually lowforce when making an arrest 0 Deadly force deeply emotional issue 0 Excessive use of force idea that police in general use more force than necessary in interactions with the community 0 Excessive force when dealing with an individual police use more force than necessary to gain compliance A use of force continuum is a standard that provides law enforcement of cers and civilians with guidelines as to how much force may be used against a resisting subject in a given situation Madly firearms and Em FW E lF39 39rEE u Strike to Viral Mass y y Hard It Strikes anti Laval Illam T hi iqui iialietlawris 39 n ome Hangs LEW NEE ll39ratimirqailm and Wrist Locks v Farina Elearanrl LEHEI Tm Eum mamdls l elilieraie Elfiicar Physioali Pregame appearance Fruiessiunai Bearing Level ne 939 Use of force 0 Key supreme court cases 0 Tennessee v Garner 1985 0 Graham v Connor 1989 creates a standard for use of force 0 Risk of lawsuits loom over departments 0 Training internal review disciplining or ring quotquick triggerquot of cers 0 New means sought to apply force based on reasonableness of the moment discretion back to the of cer Corruption 0 Grass eaters use their position to reap bene ts of payoffs of the job ex Never having to pay for coffee free meals at restaurants etc 0 Meat eaters use their power and authority of the position they hold for personal gain 0 quotblue coatquot code 0 Mooching bribery chiseling extortion shopping scandals shakedowns premeditated theft favoritism perjury prejudice Controlling corruption 0 Citizen complaints and scandals Civic accountability 0 Internal Affairs IA units police policing the police 0 Investigate complaints made against of cers 0 quotblue wallquot or quotcurtain of silencequot o Civilian review board 0 No power to investigate or discipline 0 Effectiveness not tested 0 Send concerns to IA or police 0 Standards and Accreditation o Nationally recognized standards 0 Civic liability law suits 0 Charges brutality false arrest and negligence 0 Large money damages incentive reform Chapter 8 Police and Constitutional Law Legal limitations on police investigations 0 4th amendment gt search seizure and warrants Stop brief interference in a person s freedom of movement few minutes based on reasonable suspicion articulable reasoning Search and seizure 0 Search looking for evidence that intrudes upon a person s reasonable expectations of privacy 0 Seizure not free to leave of cers assert authority to halt someone s movements or deprive their freedom Arrest Taken into custody transported to a jail or station and processed Probable cause evidence shows reasonable conclusion that person has committed a crime 0 Discretionary warrantless arrests o Arrest authority not limited to felonies and misdemeanors Search warrant requirements Existence of probable cause Sworn oath or af rmation in written af davit Must be speci c to place Must describe speci c person or items to be seized quottotality of circumstancequot judge assesses sworn af rmationaf davit has reliable information that meets requirements for a warrant Plain View doctrine Of cers may examine and use as evidence without a warrant contraband or eviednece that is in open view at a location where they are legally permitted to be Coolidge v New Hampshire 1971 0 Open elds doctrine if criminal evidence is visible no a piece of property including by air use of helicopters Plain feel and other senses does sense of feel apply to searches of property Stop and frisk on the streets 0 Terry v Ohio 1968 0 Limited pat down if reasonable suspicion of a crime Obligation to make observations draw reasonable conclusions identify themselves and make inquires before conducting Reports from reliable witness Honesty and professionalism of sworn of cers is critical 0 When can a terry search take place 0 When police of cers observe unusual conduct which leads him to conclude criminal activity is going on understands person is dangerous sees threat to himself or others conduct search of outer layer of clothing for weapons and to create safety Search incident to a lawful arrest Chimel v California 1969 0 Of cers justi ed to check if suspect is unarmed for own and public safety 0 Search person and vicinity Search for weapons and evidence 0 Traf c offense arrestee can be searched Exigent circumstances 0 Of cers in the middle of an argument situation must act swiftly no time to seek warrant ln hot pursuit Home entry in a perceived emergency 0 Real danger of evidence loss or damage 0 Kentucky v King 2011 police can create an exigent circumstance even on accident 0 Public safety threat not a requirement Consent If given absolves exclusion of evidence at trial and civil liability Of cers trained to routinely ask 0 United States v Drayton 2002 0 quotright to say noquot advice not required Permissible consent search 0 Consent must be voluntary 0 Person must have authority to give consent lf of cer believes person giving consent is the appropriate person then evidence can be used even if that person had no right to give consent Automobile searches 0 Since evidence is mobile of cers have broad authority to search vehicles 0 Passenger can be ordered to exit for safety Visible inspection is always legal Probable cause required to search entire vehicle 0 Drug or alcohol arrest justi es search Impounded cars fully permissible Questioning suspects The fth amendment Miranda rules what are they Miranda v Arizona 1966 0 Must inform before questioning Why are they important 0 Brown v Mississippi 1936 O Forced confession inadmissible Custodial interrogations only The consequence of Miranda Warnings often read after arrest 0 Many suspects talk anyway 0 O 0 Don t want to look guilt Some overly con dent Hope to gain favor or plea bargain The Exclusionary Rule Illegally seized evidence may not be used against an individual in court 0 Weeks v United States 1914 O Upheld spirit of the fourth amendment Mapp v Ohio 1961 0 Extended rule to state and local courts Harsh criticism 0 No proof improper searched prevented Punishes prosecutors and society quotmotions to suppressquot are few 0 Only a small number are granted Exceptions to the exclusionary rule 0 Good faith exception reliance on O O O 0 Warrant found to be incorrect Statutes later declared unconstitutional Records maintained by justice system Search consent given without authority 0 Inevitable discovery exception 0 O O O Nix v Williams 1984 Improperly obtained evidence can be used when it would have been discovered anyways without improper action Stages identi ed in C process in which rule does not apply Shifted to quotdid the police make an error that was so serious that the exclusion of evidence is requiredquot
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