Criminal Justice and Policing Concepts

The power of the federal government extends beyond individual states and covers certain areas such as overall justice, domestic safety, and defense.

The Bill of Rights protects certain freedoms for all citizens and prevents the federal government from overstepping its boundaries.

States have the right to govern anything not specifically assigned to the federal government. This is outlined in the 10th Amendment.

Federal courts only have jurisdiction over specific types of cases, like federal crimes or disputes involving the Constitution.

Most everyday legal matters, like traffic violations or contract disputes, are handled by state courts.

This principle ensures a fair trial by guaranteeing everyone the right to legal representation.

In civil cases, parties involved must pay for their own legal representation or choose to represent themselves.

Cases that deal with the US government, the Constitution, or federal laws.

A policing strategy that focuses primarily on responding to 911 calls and incidents, rather than proactive community engagement.

A policing philosophy that emphasizes building relationships with communities and addressing crime's root causes through partnerships and problem solving.

The theory that visible signs of crime and disorder, like broken windows, encourage more serious crime and decay in a neighborhood.

A policing approach that emphasizes proactive measures, like community engagement and problem solving, rather than simply reacting to incidents.

A policing approach focused on responding to incidents after they occur.

Past negative experiences can cause someone to overreact to perceived threats.

Courts often consider an officer's perception of threat when deciding if their use of force was justified, which can lead to implicit biases being overlooked.

Questioning police actions can lead to a sense of "us vs. them" between the public and law enforcement.

When police officers investigate other officers' misconduct, it can strengthen a sense of loyalty and solidarity among officers.

The 1970s to 1985 saw a major push to reduce police killings, resulting in a significant decrease.

The Supreme Court cases Garner (1985) and Graham (1989) established legal limits on the use of force by police officers during arrests.

The use of force must be reasonable, meaning that it should be similar to what a similarly trained officer would do in that same situation.

After Garner and Graham, many police departments adopted stricter policies, which resulted in an increase in police killings, partly due to the use of more lethal weapons and higher homicide rates.

The right of a state to pass and enforce laws to protect its citizens, including punishing violators. It involves a crime being committed and a suspect being identified.

The state's responsibility to act as a protective parent, safeguarding its citizens from harm, particularly when individuals pose a danger to themselves or others due to mental instability.

A type of logical reasoning that builds on previously-decided cases to reach a conclusion in the present case.

The principle that courts should follow precedents set by previous decisions in similar cases to ensure consistency and fairness in legal interpretation.

The power of the judiciary to review laws and government actions to determine if they are constitutional.

The process by which the Supreme Court decides which cases it will hear, typically choosing cases that raise important legal issues.

The first line of defense in the legal system, including local, state, and federal law enforcement agencies.

A formal request to a higher court to review a decision made by a lower court.

A type of legal argument that proceeds step-by-step from one point to the next, ultimately leading to a conclusion.

The highest court in the federal court system, possessing the final authority on constitutional interpretations and rulings.

The process of selecting and appointing Supreme Court justices by the President with Senate approval.

A two-tier system of courts, where federal and state courts have separate jurisdictions, with federal courts handling cases involving federal law and state courts handling cases involving state laws.

The right to remain silent, the right to an attorney, and the right to stop questioning at any time.

A statement made by a suspect admitting to guilt, usually made during an interrogation.

Confessions where the suspect falsely admits to a crime they did not commit.

A psychological phenomenon where we tend to believe people when they confess to a crime, even if they later recant their confession.

False confessions obtained through lying, intimidation, deception, or pressure.

A strong belief in a suspect's guilt can lead to confirmation bias, where the police ignore conflicting evidence and only focus on evidence that supports their belief.

An assumption that people would not confess to a crime they didn't commit.

False confessions can be very difficult to overturn, even if the person is innocent.

The misinformation effect occurs when exposure to misleading information after an event alters a person's memory of the event, leading them to recall false details that were not originally present. For example, a person who is told they saw a broken window might falsely remember it, even if the window was intact.

Source monitoring errors occur when an individual cannot accurately recall the origin of a memory. This can lead to misattributions, where a memory from one source, such as a suggestion, is mistakenly attributed to a different source, like an actual experience. For instance, imagining an event can lead to a false belief that it actually happened.

Stressful or traumatic experiences can enhance memory for the central details of the event, such as the main stressor. However, memory for peripheral details, like the surrounding environment, might become weaker due to the intense focus on the primary event.

The weapons focus effect describes a phenomenon where a witness's attention is fixated on a weapon during a stressful event, leading to reduced memory for the perpetrator's features. This occurs because the weapon becomes the primary focus of attention, leaving fewer mental resources for encoding other details.

Memory is an active process of reconstruction, not a simple recording. Each time we retrieve a memory, it's influenced by existing knowledge, beliefs, and expectations, leading to potential distortions and inaccuracies. It's like piecing together a puzzle, where individual pieces might be rearranged or misinterpreted.

Witness confidence is often a poor indicator of eyewitness accuracy. High confidence can be swayed by factors like exposure to biased information or feedback, or even simply how invested a witness is in being right. Although juries tend to give more weight to confident witnesses, their confidence doesn't guarantee the accuracy of their testimony.

Children are generally as accurate as adults in memory when identifying suspects in lineups, particularly when the true perpetrator is present. However, their performance in lineups where the culprit is absent is weaker. Children also tend to provide less information and are more susceptible to suggestion, leading to potential inaccuracies in their testimony.

Unconscious transference occurs when a person mistakenly recognizes someone from a previous context and applies that recognition incorrectly to a different situation. For example, a witness might misidentify someone they saw on TV as the suspect in a crime, even if they haven't actually seen the suspect before.

Pre-existing expectations can influence eyewitness memory, leading to distortions based on prior knowledge or beliefs about how events typically unfold. For instance, a witness might wrongly recall a suspect's behavior if their memory is influenced by common stereotypes about criminals.

Leading questions or suggestive comments can significantly shape an eyewitness's recall. Inadvertent cues from investigators, such as emphasizing specific details or using specific wording might influence the witness to remember events in a way that aligns with their suggestions, potentially introducing inaccuracies.