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Criminal Justice

Criminal Justice TEST 2

QuestionAnswer
Expectations of police prevention and detection of crime, apprehensions of criminal offenders, defense of constitutional guarantees, resolution of community conflicts, protection of society, promotion and preservation of civil order
What does it mean that Policing in the US is decentralized? No national police force, police systems are very similar in many ways, US police strongly based on English police
9th Century Policing England no formal, government sanctioned official law enforcement, law enforcement left to the citizens
System of mutual pledge effort to better organize the citizens. group of families (based on location) responsible for the acts of their members and their mutual safety.
In the system of mutual pledge what were the larger areas called? Shires, governed by shire-reeve, now called sheriff. Later expanded to include magistrates, constables, and beadles. most were corrupt, no training, ineffective
What did magistrates and constables do? Made arrests
What did beadles do? Cleared vagrancy off the street.
Theif takers Similar to modern Bounty Hunters. private detectives paid on piece-work basis. anyone could be one. very corrupt, no more official status/ authority than a normal citizen.
Henry Fielding 1798, formed a small unofficial, investigative division. Called the Bow street Runners
London's metropolitan police department established in 1829 as a result of Sir Robert Peel. Introduced bill to parliament. Police officers had training, paid, etc. first official police department.
US constable Found in some towns. Paid through fines. nonsalaried, worked at night, eventually worked day. only concentrated on things that were paid for.
US policing mid 17th century growing rates of crime, corruption among constable and night watch. sheriffs become prominent in mid west.
Sheriffs in US mid west apprehended criminals (cattle theives, bandits, robbers), conducted elections in hope of honest elections, collected taxes. Eventually they were elected officials.
Passe comitatus "power of the country". consisted of all able bodied men, were at the disposal of sheriff, you were required to respond
Territorial police agencies Texas Rangers 1823. Financed by Stephen Austin.
When and where was the first local police department? 1828 Boston
Why was city crime in the 1800s US increasing? Because of waves of immigrants because of differences among people. People think that new people will take their jobs. Children have opposing beliefs and influences around them
NYC consists of what Policing structures NYPD, NYSP, Private Police, Fed Law enforcement, interstate agency (NY/NJ port authority police)
Peace keeping Largest portion of policing. involves legit right to use force
What are some peace keeping actions? Intervening in situations that threaten public order, enforce civil ordinance, directing traffic, settling disputes, patrol as crime prevention, programs that help community, writing reports, testify in court, etc.
Police organization structured on a quasi-military model. hierarchy of clearly defined roles and responsibilities, division of labor, chain of command, work is broken down into geography, rules/regulation/discipline, legit fire weapons
If shots are fired detailed procedures for "sweeping the street"
Internal operations includes Taking complaints from citizens, keeping records, transport of non-police personnel, care and replacement of uniforms/ equipment, how to make an arrest, how to handle medical emergencies, how to inspect homes of citizens, how to take stray dog.
Three broad policing activities line services, administrative services, auxiliary services
line services activities that police officers do. ex: patrol, traffic, etc. Primary and most visible aspects
Administrative services back the efforts of line services. ex: hiring, firing, personnel, training, internal affairs, etc.
Auxiliary services assist line staff in carrying out basic functions ex: equipment, crime lab, property room
Patrol "cop on beat". uniformed, armed, available 24 hrs a day. basic to policing. largest operating unit.
5 functions of patrol Protect public safety, enforce law and preservation of constitutional rights, control traffic, conducting criminal investigation, interpret that law.
What part of an investigation is a patrol officer involved in Preliminary investigation because they are the first on the scene. gather evidence, interview, apprehend, recover stolen property.
Patrol determining the law quasi-judicial function. Determine if a law has been broken. use discretion
Detective force Carry on sustained investigation, receive their cases from reports written by patrol officers
Detective Level ID, location, apprehension. collect and preserve physical evidence. locate and interview witnesses. recover and return stolen property.
How detectives receive their cases From reports written by patrol officers. they choose which ones they will work on. many cases are difficult or impossible to solve. use a screening process to decide which ones they will investigate.
Detectives are evaluated on success in solving major cases, ability to keep up with paper work, skill on handling special types of cases, ability to present a positive professional image, number of felony arrests/yr, clearance rate
Clearance rate proportions of crime that result in arrest. these rates are higher for homicide, aggravated assault, forcible rapes because the victim and perpetrator are more likely to know each other.
Cybercrime units internet crime has grown exponentially. many of the crimes investigated already existed, but internet has made them easier and more harmful.
Types of cyber crime computer stalking, email fraud, kiddy porn, pedophilia, extortion, threat, trade secrets hacking, cyber attacks-corp mail, ID theft
Sting operations Used by undercover agents. Mechanisms to catch criminals. When crime is observed other police make arrest
SWAT teams special weapons and tactics.Emergency response team, Tactical neuralization team. A group of specially trained law enforcement who use agressive military procedures, dangerous or explosive situations. 2-160 members
Fist SWAT team Attica 1972. carefully chosen and trained
Crime analysis units involves use of technology to track crime. track geographic pattern of crime, track crime in real time, use of stats and trends. allows us to send resources where needed.
Community policing since 1990. police and community work together to ID problem, create solutions together. police is a broad problem solving enterprise not just a reactive force. Officers are assigned to certain areas where they go every day. Now we focus on terrorism
Problem oriented Policing police officers notice the problems and conditions that lead to crime and try to fix them. Comes from the theory of James Q.Wilson
James Q. Wilson came up with what theory? Broken window theory
Broken window theory if there is a broken window in the community and no one fixes it, more windows get broken. eventually leads to looking like no one cares. Criminals move in, crime increases, important to fix 1st broken window
Police discretion is guided by community norms, department policies, field standards of behavior
Factors to make an arrest seriousness, offenders mental state/criminal record, use or possession of weapons, availability of compliant, amount of danger, attitude of disrespect, charactor/demeanor/race/style of dresses
Command discretion departmental objectives, enforcement policies, deployment of personnel and resources, budget of expenditures, organizational structure of police units
Police subculture members engage in learned behavior common to other members of the group. certain ways of acting and thinking, relatively cohesive.
Subculture smaller group within a larger groups with different goals, norms, values, etc
Two views of police personality policing attracts individuals with certain characteristics or Not a distinct personality that is attracted but police develop certain personality traits while on the job (**)
Danger and authority have distinct affect on police personality. results in a state of hypervigilance therefore isolating them to some degree. enforce unpopular laws. develop cynicism.
External stress results from real danger on the job
Organizational stress caused by demands of police bureaucracy
Operational stress day to day exposure to tragedies
Personal stress relationship between officer and family/ friends
Feelings of uneffectiveness stress change is beyond their control
Boredom stress long periods of time where nothing is happening
What things are higher is police officers increase rates of divorce, increase rates of domestic abuse, increase alcohol and drugs, increase level of heart disease, increase levels of antisocial behavior, increased depression and high suicide
Under US constitution law enforcement is in what 2 areas investigative and arrest. stem from the governments ability to protect citizens and general welfare. governed by 4th amendment (warrant, unreasonable search and seizure)
Investigative power include power to stop, power to detain, frisk, order someone out of car, power to question
Arrest powers include power to use force, power to search, power to exercise seizure and restraint
Search and seizure basically investigation and apprehension
Investigation includes determining if a crime has been committed and type of crime determine is law has been violated based on criminal statutes. ID offender through further investigation. arrest possible. gather and preserve additional info for prosecutor
Unreasonable extreme procedures, arbitrary, capricious, not justifiable by facts and circumstances.
Search warrants give search powers formal authority of law, written order, issued by judge, directed to law enforcement officer, commanding the search of specific premise for evidence, suspect, fugitive. bring evidence/ person before judge. Police need probable cause
Probable cause facts/ apparent facts that shows that a reasonable belief a crime has been committed
Court cases to help probable cause Aguilar v Texas, Spinelli v US, Illinois v Gate, terry v Ohio, Calif v Hodari D, Minnesota v Dickerson, Illinois v Wardlow, Carroll v US, Husty v US, chambers v Maroney, NY v Belton
Spinelli v US 1969 Probable cause not be based solely on hearsay info
Illinois v Gates 1983 "totalty of circumstances", no longer use agular and spinelli 2 prong test. judge could now make practical decisions based on all circumstances, if there is fair probability that evidence is found is good.
Search incident to lawful arrest when someone arrested often leads to search of person and seizure of evidence. done without constitutional review of judge (no warrant)
Exigent Circumstances urgency. when think suspect will destroy evidence.
Kentucky v King 2011 police can enter someones home without a warrant. Must knock, ID as police, believe evidence is being destroyed. this is surprising because they were following unrelated suspect but smell marijuana from King home. arrested 3 people.
If evidence is illegally obtained judge can say it is inadmissible in court. "fruit of poisonous tree doctrine" evidence tainted. if evidence is used and a conviction happens the conviction can be appealed and overturned.
Stop and frisk used when persons behavior seems suspicious. stop, detain breif, hands on outer clothing, must have constitutional valid reason to do so
Terry v Ohio 1968 police officers are not entitled to stop and search every person on the street/ everyone they want to talk to.
What conditions must be met to stop someone unusual conduct observed that may lead to criminal behavior officer has reason to believe person is armed/ dangerous police ID as police officer Reasonable inqury Nothing from above makes the officer less fearful for his own/others safety
California v Hodari D 2 police were patrol high crime area. youth fled. police had not seen anything illegal but they knew drugs were common in that area. police saw Hodari throw something as he ran. police tackled Hodari and obtained thrown item(crack cocaine). Hodari appeal
What was the outcome of California v Hodari court sided with police because tackle was sort of force, seizure occurred when officer attacked Hodari, discarded item gave officer probable cause
Minnesota v Dickerson 1993 Officer did pat down of Dickerson, no weapon but did fund a small lump in pocket and was cocaine. Dickerson arrested for possession. arrest did not hold because officer admitted he didn't immediately recognize it as cocaine. cocaine suppressed.
Plain feel doctrine If police find something through sense of touch it can only been used if cop knew immediately it was contraband.
Illinois v Wardlow 2000 Police in increase drug sale neighborhood. when police approach wardlow ran down ally. during pat down found gun. conviction challenged. court says police have reason for suspicion when someone runs away from them particularly in increased crime area.
automobile search extreme mobility justifies warrantless search in certain circumstances
Carroll v US 1925 During prohibition. carroll convicted for transport of liquor that was taken from his car without warrant. appealed, court sustained conviction
Carroll doctrine a vehicle can be searched with probable cause without warrant even if there was time to get one.
Husty v US 1931 court upheld search of parked car because police didnt know when it would be moved.
Chambers v Maroney 1970 warrantless search of vehicle at police station after arrest
NY v Belton 1981 scope of vehicle search incident to arrest. after custodial arrest police may search entire passenger compartment and any containers may be opened to search.
California v Acevedo 1991 court ruled police could open an unopened container to search w/in a car w/o a warrant if probable cause to believe the container contains contraband/evidence
Knowles v Iowa 1998 a speeding ticket does not give police authority to search car
Arizona v Gant 2009 police officers must demonstrate actual + continuing threat from arrastee or need to preserve evidence related to the crime in order to conduct warrantelss vehicle search incident to arrest. once vehicle occupants arrested and secured must justify search
Random car stop/ spot checks proactive policing, typically check license and vehicle registration. can do search and make arrests. can create potential dangers(for police). can have discriminatory enforcement
Delaware v Prouse 1976 against random spot checks. officer stopped Prouse who had no violations. officer was not acting with procedures, officer approached car and smelled marijuana+saw it on floor. arrested and indicted. SC said stop was "wholly capricious"+violate 4thA
What did the SC say b/c of Delaware v Prouse? stop people in a way that does not involve discretion (ex: road block), if stopping all vehicles it is ok
Michigan department of state police v Stiz 1990 court upheld states right to use sobriety check point and roadblock
Indinapolies v Edmond 2000 court ruled against the use of road blocks to look for drugs. cant use to look for general criminal activity. different than sobriety check points b/c drunk drivers immediate danger.diff than illegal alien check point b/c protect borders
Illinois v Lidster 2004 court allowed use of road blocks as investigative tool to find witnesses against recent crimes
Fresh pursuit/ hot pursuit is the chase is for the purpose of preventing escape of effecting arrest a warrantless arrest, search is ok. cant be delayed unreasonably, suspects in vehicles or fleeing felon, causes significant amount of deaths. police discretion must weigh safety
consent search when a person in control of the area/object consents to the search. wave your right to 4thA protection.do not need warrant or probable cause. burden of proof of consent falls to prosecutor in court
Issues with consent who can give consent to search what. third parties have joint authority
free and voluntary consent judge want to be sure theres no coercion, no misleading info
principle of limited consent search based on voluntary consent must be limited to items connect to the crime
Burdeau v McDowell 1921 court said 4thA does not protect against private individuals not acting in conjuction with law enforcement ex: if dry cleaner finds drugs in pocket it can be used as evidence
US v Martinez-Fuerte 1976 court said border patrol agents do not need probable cause on warrant to stop and briefly question at authorized check points.
Illinois v Layayette 1983 court upheld inventory search of arrastees shoulder bag.found illegal drugs.court pointed out that searches protect suspects property, against false theft claims therefore do not require probable cause/ warrant as long as they are apart of regular/routine
Hester v US 1924 court ruled police officers can enter and search a field w/o warrant
Oliver v US and Maine v Thorton 1984 Fences and no tree passing signs provide no reasonable expectation of privacy to owners of properties large enough to include areas that extend beyond curtilage
Pain view doctrine decided in Harris v Us. if officer has a right to be he is and hes sees something in plain view (not product of search), anything he sees is admissible as evidence.
Harris v US 1968 Harris' car seen leaving robbery. car impounded as evidence. arresting officer inventoried car. started to rain and officer rolled up passenger window. officer sees registration card to robbery victim. registration admissible as evidence
What happens to illegally obtained evidence exclusionary rule
Weeks v US 1914 court prohibits use of evidence obtained by federal agents if they violated the 4thA
Mapp v Ohio 1961 extended exclusionary rule to states. court said 4thA incorporated by inference in due process clause of 14thA.
Escobedo v Illinois 1964 court said questioning becomes accusatory the accused has a right to an attorney present
Miranda v Arizona 1966 court specified in detail that the accused must be informed of their rights before questioning
Police conduct and integrity we expect integrity and high professionalism. police misconduct harms the community and undermines police department
Police integrity exercise of police powers+discression according to the high standards of competence, fairness and honesty.depends on moral values of police officers. screen applicants to get rid of bad cops
Police professionalism high expectations of conduct in all levels. organizational rule making, incorporation of police code of eithics, detection and discipline of rule/code violations
Goals of police professionalism to create policies, make officers fully aware of them, to explain rational to police officers
Where do many rules come from? state and national accrediting agencies
State and national accrediting agencies develop professional standards for all aspects of law enforcement. help develop self-assessment procedures, provide training and resources
Detecting and addressing misconduct inspections, internal/external reviews of officer behavior, discipline.
Police corruption Illegal activities for economic gain. accepting gratuities, favors, payment for services that should be free
aspects that help corruption police work autonomously, no direct supervision, interact with criminals, opportunities to engage in corruption
Meals and services give free meals to demonstrate good will and increase police presence
kick backs getting paid for referring individuals to certain businesses
Opportunistic thest police officers responding and taking valuables from crime scenes/suspects/dead bodies
planned theft/robbery either working alone or with known criminals
shake downs extortion. demanding money for not enforcing the law
case fixing can be carried out by others in criminal justice systems too (ex judge). illegally affects case outcome. perjury, bribe to not arrest, ignore evidence during investigation, traffic ticket fixing
protecting not enforcing the law therefore protecting criminals.bunch of officers doing this together. formal arrangement
Private security non criminals. providing more police presence/protection than what is required by standard police procedure. extra duty policing is ok
Patronage use of ones official position to influence decision making
Types of patronage paying for promotion/transfer,attendance records falsified, vacation priority+day off, honor+passing grades, go on disability, officer altering department records/giving out info to outsiders
Theories about police corruption society-at-large explanation, structural explanation, rotten apple explanation.
Society at large explanation as a society we have a custom of giving gifts+gratuities, slippery slope hypothesis
Structural explanation police corruption is a step by step process, 1st step may be inadvertent.may be gradually indoctorated by police officers.encouraged by contradictory set of norms. see corruption in their own departments(blue wall of silence).
Rotten apple explanation one engages in corruption and eventually corruption spreads to others.
Use of force continuum verbal ------------> deadly
police brutality unwarranted or excessive use of physical force. results in injuries and death,expensive law suits, mistrust of police, lack of cooperation
Police violence is the result of shared norms police role
police working personality feeling on constant pressure to perform, authoritaranism of police, us vs them, insecurity, cynicism, racism
perceive that some do not respect their authority authority essential to enforcing law
police may judge certain people as being more valuable than others not worth protecting some
Controlling police misconduct hard to control. covert circumstances, police collusion or cooperation with each other, victims reluctant or prevented from reporting, many police departments don't want misconduct publized
Legislative control corruption in area of so-capped victimless crimes. over criminialization therefore create laws to solve problems. if we decriminalize some acts therefore no need to pay police off b/c no longer crime
court response section 1983 in the civil rights act of 1871 authorizes use of lawsuits to address violation of constitutional rights. citizens/individuals can fire lawsuits against constitutional agencies
citizen review boards group of appointed citizens who over see police behavior. review cases of misconduct.
Purpose of citizen review boards to respond to officers who engage in brutality, harassment other abusive illegal activities. to ensure through and impartial investigation, officers african americans and other minorities a method of redress, explain procedures to police/citizens
Police appear to resist outside control barriers to keep citizens from complaining
American Civil Lawsuits Union (ACLU) December 2012 accused Conn. PD of several things that prevented people from complaining
What things was Conn. PD accused of? failed to make complaint forms available, refused to accept anonymous complaints, imposed a time limit on receiving complaints, required sworn statements, threaten criminal prosecution/ civil lawsuits for false statements.
Police organization control and response (to keep misconduct low) two types Preventitive and Punitive
Preventitive change structure/philosophy of department/change police at internal level of accountability.resp. for you and fellow officers, instill pride and dignity in job. clearly define rules,strict dicipline,better train and equipment,police community relations
One of the most important things to get rid of in preventitive response that we dont know how to get rid of Blue wall of silence
Punitive carried out by internal affairs. responsibilities to look at complaints of misconduct not matter where they come from, looking into breaches of integrity, corruption that come from general suspicions
Main job of internal affairs to become involved when officers are killed/injured by deliberate acts or when citizens killed/injured by police or discharge of weapons by officers.
Dual court system federal courts and state court. each state is a sovereign govt, so no 2 states systems are exactly alike
Court jurisdiction specific, practical authority, hear cases and administer justice, geographic area, subject matter, hierarchy
State court trial courts, courts of general jurisdiction. lower level of court.`
Judges in state court are lawyers, members of the bas, qualified to hear intricate cases
Courts of record we keep a full transcript of the proceedings of a trial
Appellate/Appeals court a higher court is reviewing the judgement of a lower court.
Court of last resort highest level of appeal in the states. US SC.
Federal court system handles fewer cases than states, but scope is much broader. enforces all federal codes (criminal, civil, administrative) in all 50 states, DC, puerto rico, guam, virgin islands, northern marina islands
US District courts 1798 judiciary act created it. originally 13 courts, now 94. trial courts or courts of general jurisdiction in fed system
What type of violations does the US district courts have jurisdiction over fed laws,jeopardize national security,selective serv, copy right infringement,jurisdictional disputes,violations regualtory codes (OSHA),monetary damages against US,disputes over fed contract,violation of 5 A,inmate petitions,international trade/customs
How are judges in US district courts appointed nominated by Pres and confirmed by senate if they choose, each court has a US attorney who acts as a criminal prosecutor for govt
US court of Appeal 13 intermediate courts (11 numbered, 1 DC, 1 special cases). hearing cases from district courts
US SC Highest level of court and true court of last resort, no other judicial appeal possible. generally court decides whether it will hear a case. alleged violation of constitutional right. federal statute interpreted.
US SC justices 9, serve for life, nominated by pres, confirmed by senate
Article III section 2 of US constitution gives the SC broad but not limitless jurisdiction. have both general and appellate jurisdiction over cases
General jurisdiction hear cases b/w 2 states. hear cases on constitutionality of state laws
Appellate jurisdiction court addresses and substantial fed questions, usually related to the constitution of a lower court ruling
US SC will not hear a case unless petitioner has exhausted all other remedies. case must be agreed to be reviewed by at least 4 justices (rule of 4). hear less than 100 cases/yr but receive 8,000
Certiorari courts authority to choose cases. comes from a writ of certiosasi. written request for SC to hear your case.
What can the SC rule Affirm lower court ruling, reverse and remand, reverse and remand with a change in venue
SC: Affirm lower court ruling it its free from prejudicial, reversible or constitutional errors. ruling stands
SC: Reverse and remand it overturns a conviction or sentence, returns case to court of original jurisdiction(Trial court) for proper judgement. doesnt meal lighter sentence. ex: exclusionary rule violation. trial court could: retry w/o evidence or dismiss charges `
SC: Reverse and remand with a change in venue hold trial again somehere else. if judge things original sentence with "cruel and unusual", can order re-sentencing
Judges not always the most qualified or best trained, responsible for equitable and impartial administration of justice, control flow of cases through the courts
How federal judges are placed appointed and serve for life
How state, country, and municipial judges are placed elected in
Only judges have the authority to what interpret the rules that govern court processings
Judge safeguards the rights of the accused will evidence by admitted, please and sentencing, instructs jury
Appeal judges rule on lower court cases
Prosecutor are also known as district, court, state, or US attorney
Prosecutor a govt lawyer and the chief law enforcement authority of the jurisdiction, appointed or elected
Responsibility of prosecutor represent government in matters of law, represent people and govt in legislation and criminal justice system reform
Wide discretion of prosecutor which cases will be pursued in court, which charges will be reduced, which cases will be dropped, which cases will get plea bargain (90%)
Plea Bargain in exchange for guilty plea, charges may be reduced, number of counts may be reduced, sentence may be reduced. saves valuable court resources for other cases, assured some justice in cases that may be weak in court
Cases that are dropped work load, penal codes are ambiguous, may be minor or 1st time offense, various considerations (not everyone the same), resources needed, particular defendant might be able to provide info abt more serious crimes.
Cases that are dropped because they cannot be won b/c of jury sympathy,not enough evidence, bad witness
How do prosecutor get their cases through police reports. can initiate their own investigation w/o police activity
Prosecutor duty they owe the accussed notify defendant of charges against them (initial appearance), have to establish probable cause at preliminary hearing, may participate in plea negotiation, @ trial attempt to prove their case is beyond reasonable doubt, sentencing recommendation
Defense attorney right to counsel helps protect individual liberties of accused (constitutional right
Three over all stages of a trial Pre-trial, trial, after trial
Pre-trial preliminary,provide advice,accompany accused to interrogation,review police report,interview police/accused/witness,discuss with prosecutor to strengthen case,pressure prosecutor to dismiss plea bargain,represent accused at bail hearings and plea.
Trial prepare any pre-trial motions. evidence suppression, change of venue. prepare cases for trial. participate injury selection, represent the accused at trial
Post-trial if conviction, determine if basis for an appeal. may pursue appeal
Created by: ejohnson17