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Questions and Answers

What is the primary purpose of legal process regulations?

  • To simplify the trial process
  • To maintain a fair legal process (correct)
  • To eliminate all crime
  • To ensure punishments are harsh and swift

Which type of crime is considered the most serious?

  • Felony (correct)
  • Misdemeanor
  • Inchoate Offense
  • Infraction

What distinguishes misdemeanors from felonies?

  • Misdemeanors involve less serious offenses (correct)
  • Misdemeanors are only civil offenses
  • Misdemeanors can lead to a death penalty
  • Misdemeanors require legal representation in all cases

Which of the following is an example of an inchoate offense?

<p>Conspiracy (C)</p> Signup and view all the answers

What is typically the legal consequence of an infraction?

<p>It does not warrant a serious penalty and is often civil in nature (A)</p> Signup and view all the answers

Which of the following elements must always be present for an act to be labeled as a criminal offense?

<p>The criminal act (C)</p> Signup and view all the answers

What term refers to the relationship between criminal act and criminal intent?

<p>Concurrence (A)</p> Signup and view all the answers

Which element is part of corpus delicti that is not always required for all offenses?

<p>Criminal harm (B)</p> Signup and view all the answers

What is one of the primary roles of the US Marshals Service?

<p>Taking custody of individuals charged with federal offenses (A)</p> Signup and view all the answers

Which of the following best describes the workload of US District Courts?

<p>Civil cases constitute the majority of their workload (D)</p> Signup and view all the answers

What types of cases do US District Courts typically handle?

<p>Federal questions and prisoner petitions (C)</p> Signup and view all the answers

What is a key responsibility of the US Marshals regarding fugitives?

<p>Investigating and apprehending fugitives wanted for federal crimes (B)</p> Signup and view all the answers

What is the role of US Marshals in relation to judicial security?

<p>Providing security for federal witnesses and judiciary (B)</p> Signup and view all the answers

What is the burden of proof required in a civil trial?

<p>Preponderance of evidence (B)</p> Signup and view all the answers

Which of the following best describes substantive law?

<p>Law defining criminal offenses and penalties (C)</p> Signup and view all the answers

What does procedural law primarily focus on?

<p>Processes for conducting legal proceedings (D)</p> Signup and view all the answers

Which term refers to the highest level of proof required to secure a guilty verdict in criminal cases?

<p>Beyond reasonable doubt (C)</p> Signup and view all the answers

What is a consequence of a change in substantive law?

<p>It may allow for appeals for those incarcerated. (B)</p> Signup and view all the answers

What is a key characteristic of procedural law?

<p>It sometimes changes due to new court opinions (C)</p> Signup and view all the answers

Which of the following would fall under substantive law?

<p>Penalties for theft (B)</p> Signup and view all the answers

Which scenario illustrates procedural law being violated?

<p>A judge fails to allow a defendant legal representation. (C)</p> Signup and view all the answers

What is a primary goal of Problem-Oriented Policing?

<p>To address underlying social problems contributing to crime (C)</p> Signup and view all the answers

Which of the following best describes the Broken Windows Perspective?

<p>Minor offenses lead to more serious criminal behavior in neglected areas (A)</p> Signup and view all the answers

What aspect of police organizations is emphasized by the quasi-military model?

<p>Control through strict discipline and hierarchy (B)</p> Signup and view all the answers

Why is police discretion important in law enforcement?

<p>It enables officers to make judgment calls based on circumstances (C)</p> Signup and view all the answers

What is a common aspect of police patrol duties?

<p>Deter crime and enhance public safety (A)</p> Signup and view all the answers

Which of the following statements best reflects the criticism of police discretion?

<p>It can result in unfair and inconsistent law enforcement (D)</p> Signup and view all the answers

Which factor is NOT typically considered by police officers when making decisions?

<p>Opinions of the police chief (C)</p> Signup and view all the answers

What does Zero-Tolerance Policing primarily focus on?

<p>Punishing minor infractions to prevent serious crimes (D)</p> Signup and view all the answers

Which of the following is NOT one of the four aspects of police response time?

<p>Intervention time (A)</p> Signup and view all the answers

What is the goal of community involvement in Problem-Oriented Policing?

<p>To collaborate on identifying and solving social issues (D)</p> Signup and view all the answers

What major change in law enforcement occurred after the 9/11 attacks?

<p>Expansion of roles within law enforcement (D)</p> Signup and view all the answers

Which department does the FBI fall under?

<p>Department of Justice (B)</p> Signup and view all the answers

Which of the following is NOT a responsibility of the Secret Service?

<p>Highway patrol (D)</p> Signup and view all the answers

What is a primary focus of local law enforcement agencies?

<p>Order maintenance and problem-solving (D)</p> Signup and view all the answers

Which of the following statements about state-level law enforcement is true?

<p>Variations exist in agency organization from state to state (C)</p> Signup and view all the answers

How many local police departments are there approximately in the US?

<p>12,000 (A)</p> Signup and view all the answers

Which agency handles most federal crime investigations?

<p>FBI (C)</p> Signup and view all the answers

Which of the following roles is typically served by sheriff departments?

<p>Run a jail and handle county law enforcement (D)</p> Signup and view all the answers

Local law enforcement does NOT typically focus on which of the following?

<p>National security operations (B)</p> Signup and view all the answers

What significant support did law enforcement receive during the 1980s?

<p>Community partnerships and increased funding (C)</p> Signup and view all the answers

What constitutes an alibi in a criminal defense?

<p>A claim that the defendant was at another location during the crime (B)</p> Signup and view all the answers

Which legal standard assesses whether a defendant could determine right from wrong at the time of an offense?

<p>M'Naghten Rule (D)</p> Signup and view all the answers

What is the focus of the Irresistible Impulse Rule?

<p>The presence of overwhelming psychological compulsion (B)</p> Signup and view all the answers

What does the Appreciation Test require of a defendant?

<p>Awareness of the nature and quality of their actions (C)</p> Signup and view all the answers

What does the Durham Rule evaluate concerning a defendant's behavior?

<p>If the unlawful act was a product of the defendant's insanity (A)</p> Signup and view all the answers

Which of the following describes 'Guilty But Mentally Ill' verdict?

<p>The defendant is guilty but was unable to control their actions (C)</p> Signup and view all the answers

What is one of the justifications for exempting a defendant's culpability?

<p>Age (B)</p> Signup and view all the answers

Which principle states that children under the age of 7 are presumed incapable of criminal intent?

<p>Infancy Doctrine (B)</p> Signup and view all the answers

What is a common legal view regarding the defense of mistake?

<p>An honest mistake can mitigate culpability (D)</p> Signup and view all the answers

How does intoxication serve as a defense in legal terms?

<p>It demonstrates a temporary lack of capacity to form intent (C)</p> Signup and view all the answers

The Model Penal Code Test (ALI) is used to determine a defendant's:

<p>Mental illness and capacity to appreciate conduct (C)</p> Signup and view all the answers

What is a critical aspect of the insanity defense that can impact the outcome of the trial?

<p>The defense cannot negotiate for lesser charges once used (D)</p> Signup and view all the answers

Which of the following accurately describes duress as a defense?

<p>Crime committed under extreme fear for one's life (C)</p> Signup and view all the answers

Which option represents a requirement for a successful insanity defense under the M'Naghten Rule?

<p>The defendant was unaware of the nature and quality of their act (B)</p> Signup and view all the answers

Flashcards

Preponderance of Evidence

The burden of proof in a civil trial, requiring more than 50% of the evidence to favor the plaintiff.

Beyond Reasonable Doubt

The highest legal standard of proof, required in criminal cases for a guilty verdict.

Substantive Law

Law defining criminal offenses and punishments.

Procedural Law

Describes how the criminal justice system handles cases, including arrest, trials, lawyer rights.

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Substantive Law in Criminal Cases

Defines behaviors considered criminal and outlines penalties for those behaviors.

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Procedural Law Changes

Procedural laws are updated by new case precedents, laws, and court decisions.

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Chain of Custody

The documented process of how evidence is handled, stored, and transported throughout a case.

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Civil Trial Burden of Proof

Plaintiff must show a preponderance of evidence that the defendant did something wrong.

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Felony

A serious crime punishable by a year or more in prison, or potentially the death penalty.

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Misdemeanor

A less serious crime, punishable by fines or jail time for up to a year.

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Inchoate Offense

An offense that is incomplete or preparatory to committing another crime. Examples include conspiracy, attempt, solicitation

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Actus Reus

The guilty act—the physical action that constitutes a crime.

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Mens Rea

Criminal intent—the mental state of mind required to commit a crime.

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Corpus Delicti

The body of the crime—the essential elements that must be proven to establish a crime.

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Infraction

A minor violation of the law resulting in penalties less severe than a misdemeanor, usually fines

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Criminal Act

Any behavior that violates the law

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Alibi

A defense claiming the defendant was not at the crime scene.

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Insanity Defense

A defense arguing the defendant was mentally incapable of understanding their actions.

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M'Naghten Rule

Insanity test: defendant didn't know the nature or wrongfulness of their act due to a mental disease.

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Irresistible Impulse Rule

Insanity test: defendant knew their act was wrong but couldn't control it due to a mental disease.

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Appreciation Test

Insanity test: defendant didn't understand their actions or that they were wrong due to mental illness.

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Durham Rule

Insanity test: the unlawful act was a product of the defendant's insanity.

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Model Penal Code Test (ALI)

Insanity test: defendant lacked substantial capacity to understand/conform to law due to mental illness.

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Guilty but Mentally Ill

Verdict: defendant is guilty, but their mental illness impacted their behavior.

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Duress

Defense: a person committed a crime due to fear for their life.

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Infancy

Legal status of a child under a specific age.

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Mistake

Defense: honest mistake, not knowing the law is no excuse.

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Intoxication

Defense: actions under the influence of drugs or alcohol.

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Edgar Hoover's Legacy

J. Edgar Hoover, founder of the FBI, championed police professionalism and helped establish the agency as a top law enforcement organization globally.

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Get-Tough-on-Crime Movement

A period in the 1980s focusing on stricter law enforcement and harsher penalties, particularly for drug offenses.

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Police-Community Partnerships

Programs implemented in the 1980s to strengthen relationships between law enforcement and communities.

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9/11's Impact on Law Enforcement

The 9/11 attacks dramatically changed law enforcement's mission by requiring a stronger focus on terrorism.

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Role Expansion Post-9/11

Law enforcement expanded its responsibilities to include terrorism prevention and response.

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Federal Law Enforcement Agencies

These agencies have nationwide jurisdiction and specialize in specific crimes.

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Department of Justice

A major US government department responsible for overseeing federal law enforcement agencies.

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FBI Jurisdiction

The FBI has nationwide powers to combat federal crimes, excluding general order maintenance.

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State Level Law Enforcement Variations

States have diverse law enforcement agencies, reflecting their specific needs and characteristics.

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Local Law Enforcement: Order & Problem-Solving

Local police predominantly address order maintenance and problem-solving within their communities.

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US Marshals

A federal law enforcement agency established in 1789, responsible for various tasks including transporting prisoners, apprehending fugitives, and protecting federal courts.

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Federal Questions in US District Court

Cases involving a dispute over federal law or the US Constitution, brought before US District Courts.

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Diversity of Jurisdiction

A type of case heard in US District Courts involving disputes between people from different states, where the amount in controversy exceeds $75,000.

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Prisoner Petition

A type of case heard in US District Courts where an individual in federal custody petitions for a legal remedy or relief.

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Civil Cases in US District Courts

Cases involving private disputes between individuals or entities, making up the majority of the workload for US District Courts.

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Problem-Oriented Policing

A policing strategy that focuses on proactively solving underlying social problems that contribute to crime, instead of simply reacting to incidents.

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Zero-Tolerance Policing

A policing strategy that rigorously enforces all laws, even minor offenses, with the belief that it will deter more serious crime.

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Broken Windows Perspective

The theory that visible signs of crime and disorder, such as vandalism and graffiti, attract more serious criminal activity.

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Police Discretion

The power of police officers to make decisions within legal guidelines, considering various factors like the situation, citizen opinions, and their own judgment.

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What are the four aspects of response time?

  1. Discovery time: When the crime is first noticed
  2. Reporting time: Time taken to report the crime to authorities
  3. Processing time: Time to take down information and initial actions
  4. Travel time: Time for officers to reach the scene
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What are three reasons why the military model is attractive to law enforcement?

  1. Controlling force through discipline: A structured hierarchy promotes order and accountability
  2. Professionalization: A clear framework for training and development
  3. Effective organizational model: Provides clear lines of authority and responsibility
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What are 3 main police activities?

  1. Patrol: Deter crime, enhance safety, provide services
  2. Investigation: Conduct investigations, often taking over cases from patrol officers
  3. Traffic Enforcement: Respond to accidents, enforce traffic laws, apprehend suspects
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What are examples of peacemaking and order maintenance activities by police?

  1. Domestic disputes
  2. Crowd control
  3. Vice (e.g., prostitution, gambling)
  4. Mental illness
  5. Juveniles
  6. First response (e.g., accidents, emergencies)
  7. Use of force
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What's the argument against extensive police discretion?

It can violate the idea of fair play and equal treatment under the law, as some individuals might be treated more harshly than others.

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Study Notes

Chapter 1: Crime & Criminal Justice

  • Social Control: Society's rules, habits, and customs to enforce conformity to norms. Without it, society would be chaotic and dangerous.
  • Crime: Violation of societal laws by individuals or groups.
  • Justice: Administering punishment or reward based on a society's moral code. This can vary from one society to another.
  • Criminal Justice: A social institution focused on controlling crime through crime detection, detention, and punishment. It's a dynamic system constantly changing.
  • Sociological Imagination: The concept, coined by sociologist C. Wright Mills, encourages us to look beyond the obvious and evaluate how social circumstances (like race, age, gender, and personal experiences) influence our perceptions.

Chapter 2: How Crime Is Measured and Who It Affects

  • Victims of Crime: People suffering harm through crime. This encompasses a wide variety of circumstances.
  • Types of Crime Victims: Different classifications of victims exist, based on their role and characteristics.
  • Crime Measurement: Collection of crime data poses challenges due to potential issues with definitions, resources, and political influences.
  • Dark Figure of Crime: Crimes that go unreported, affecting the accuracy of official crime statistics. Think of this as an iceberg—the visible part is the official reported crime, and the remainder is hidden beneath the surface.

Chapter 3: Development of Criminal Law

  • Rule of Law: The government is restricted to acting within pre-defined laws, making procedures for punishment clear and fair.
  • Code of Hammurabi: One of the earliest examples of written laws, famous for its "eye for an eye" philosophy.
  • Magna Carta: A historical document that influenced legal and constitutional principles in modern democracies.

Chapter 4: History and Organization of Law Enforcement

  • Evolution of Policing: The origin and development of police forces show the evolution of the role of the police. For example, in early England—constables, Watch-and-Ward—or in Japan —Samurai warriors.
  • American Policing: Early policing in the US developed out of social and political necessities, which differs from the current practices.
  • Police Professionalism: The rise of professional standards in policing through the development of formalized training, education, and legal structures, starting in the early 20th century.

Chapter 5: Police Organization, Operation, and the Law

  • Organization of Law Enforcement: Police forces vary widely across different levels (federal, state, local, and tribal levels).
  • Police Roles: The role of the police is complex and constantly evolving in response to changing social conditions and new threats.
  • Police Activities: Activities of the different levels of policing are described.
  • Rules Police Follow: The standards established by procedural law.
  • Discretional Policy Issues: The balance between legal and lawful policing actions and upholding or protecting legal rights.

Chapter 6: Policing: Innovations and Controversies

  • Technology in Policing: Technological developments in surveillance and data collection.
  • Use of Force: Different levels of force, and factors involved in justifiable use of force.
  • Police Use of Force: Discussion of legal limitations and the criteria for justifiable use of force, focusing on the aspects of self-defense, protection of others, and necessity.

Chapter 7: The Court System in the US

  • Federal Courts: Organization and structure of federal courts, showing a system consisting of the US Supreme Court, the US Courts of Appeals, and the US District Courts.
  • State Courts: Structure of court systems in each state, differing in organization and focus.
  • Jurisdiction: The authority of a court to hear a specific case depends on factors like the location of the crime, the nature of the offense (felony versus misdemeanor), and whether it is the initial trial or an appeal.
  • Types of Courts: There are various different types of courts with different roles, like trial courts, appellate courts, and specialized courts, handling different types of cases (like family disputes or serious criminal charges).

Chapter 8: The Courtroom Work Group

  • Courtroom Workgroup Participants: Roles of the courtroom actors discussed—prosecution, defense, and judiciary—emphasizing collaborative nature among participants in efficient operation.
  • Courtroom Workgroup Issues: Addressing issues like legal precedent, ethical standards, and power dynamics in courtroom actions.
  • Prosecutorial, Defense, and Judicial Considerations: Processes, responsibilities, and considerations within those areas.
  • Participants and Their Functions: Specific members of the courtroom work group are discussed with a focus on the roles they play e.g., law enforcement, court personnel, the public, attorneys, etc
  • Participants and Their Role in Criminal Justice: Showing the interactions among all courtroom participants and their impact in the resolution of criminal activity.

Chapter 9: The Disposition: Plea Bargaining, Trial, and Sentencing

  • Plea Bargaining: A negotiation process commonly used to resolve cases outside of trial.
  • Judicial Decisions: Important judicial decisions regarding the process (e.g., bail, sentencing).
  • Understanding Bail: How is bail processed and handled and the ethical considerations surrounding cash bonds and different types of bond forms (e.g., cash bond or surety bond).
  • Types and Variations of Bail: The different considerations in the bail system are discussed. This includes issues like fairness, ethical issues, and alternatives.

Chapter 10: History of Control and Punishment

  • Prison Systems: Development of prison systems in the Colonial era, and the shift towards more effective, humane institutions.
  • Pennsylvania vs. Auburn System: Comparison of early US prison models that emphasize varying methods of control that have affected prison systems to this day.
  • Evolution of Control and Punishment: The history of different approaches to managing offenders.

Chapter 11: Prisons and Jails

  • Prison Life: The daily experiences and challenges faced by incarcerated individuals in different types of prison facilities
  • Security Levels: Different types of prisons with varying security levels, and the impact it has on inmates.
  • Prison Gangs: Discussion of criminal organizations within prison systems.

Chapter 12: Community Corrections

  • Community Corrections: How the CJ system addresses offenders in the community through methods like probation, parole, and diversion.

Chapter 13: Juvenile Justice

  • Juvenile Justice System: Comparing and contrasting the juvenile justice system to adult courts, considering the differences in the philosophy of punishment, and in practice.

Chapter 14: Criminal Justice in the Future: Issues and Concerns

  • High Incarceration Rate: The factors that contribute to high rates of incarceration, and consequences of this.
  • Unintended Consequences: Examining unintended outcomes of high incarceration rates on individuals, families, communities, and society overall.

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