Podcast
Questions and Answers
What is the main consequence of Stand Your Ground Laws?
What is the main consequence of Stand Your Ground Laws?
- They mandate that all conflicts must be reported to authorities.
- They require individuals to retreat before using force.
- They have made police less effective in preventing violence.
- They eliminate the legal expectation of last resort before defense. (correct)
Under the M'Naghten Rule, what must be demonstrated for a defendant to be considered Not Guilty by Reason of Insanity?
Under the M'Naghten Rule, what must be demonstrated for a defendant to be considered Not Guilty by Reason of Insanity?
- The defendant did not know their actions were wrong due to a mental defect. (correct)
- The defendant was forced to commit the crime.
- The defendant was diagnosed with a specific personality disorder.
- The defendant was aware but unable to control their actions.
Which of the following defenses involves claiming that the individual was compelled to commit a crime?
Which of the following defenses involves claiming that the individual was compelled to commit a crime?
- Irresistible Impulse Test
- Duress (correct)
- Competence
- Insanity
What is the primary concern police have regarding Stand Your Ground Laws?
What is the primary concern police have regarding Stand Your Ground Laws?
Which test assesses whether a person's actions are a product of mental illness?
Which test assesses whether a person's actions are a product of mental illness?
What characteristic distinguishes minimum security prisons from other types?
What characteristic distinguishes minimum security prisons from other types?
In which type of prison are individuals awaiting trial or bail typically held?
In which type of prison are individuals awaiting trial or bail typically held?
What is the primary purpose of a Protective Custody Unit (PCU)?
What is the primary purpose of a Protective Custody Unit (PCU)?
What does Administrative Segregation (Ad Seg) entail?
What does Administrative Segregation (Ad Seg) entail?
Which type of prison is designated for the most dangerous and high-risk prisoners?
Which type of prison is designated for the most dangerous and high-risk prisoners?
What is meant by the term 'inmate code' in prison environments?
What is meant by the term 'inmate code' in prison environments?
What does institutionalization refer to in the context of prison?
What does institutionalization refer to in the context of prison?
Which statement is true regarding the concept of 'Slaves of the State'?
Which statement is true regarding the concept of 'Slaves of the State'?
Which theory suggests that criminals have not evolved to function in modern society?
Which theory suggests that criminals have not evolved to function in modern society?
What does the concept of deterrence in Classical Criminology emphasize?
What does the concept of deterrence in Classical Criminology emphasize?
What is the primary focus of Differential Association Theory?
What is the primary focus of Differential Association Theory?
Which perspective argues that racial inequality is embedded in the criminal justice system?
Which perspective argues that racial inequality is embedded in the criminal justice system?
Which theory categorizes individuals as 'innovators', 'ritualists', 'retreatists', and 'rebels'?
Which theory categorizes individuals as 'innovators', 'ritualists', 'retreatists', and 'rebels'?
What was a primary function of police during the medieval period?
What was a primary function of police during the medieval period?
Which form of policing involves responding to crime after it occurs?
Which form of policing involves responding to crime after it occurs?
Which criminological perspective focuses heavily on the socio-economic class struggles?
Which criminological perspective focuses heavily on the socio-economic class struggles?
What does the term 'social disorganization' in criminology refer to?
What does the term 'social disorganization' in criminology refer to?
What was the main purpose of the Rape Shield Law?
What was the main purpose of the Rape Shield Law?
How do environmental crimes, according to Green Criminology, primarily differ from conventional crimes?
How do environmental crimes, according to Green Criminology, primarily differ from conventional crimes?
What kind of policing does 'entrapment' refer to?
What kind of policing does 'entrapment' refer to?
Which approach emphasizes that a person is more likely to continue criminal behavior after accepting a criminal label?
Which approach emphasizes that a person is more likely to continue criminal behavior after accepting a criminal label?
Which of the following is often considered a limitation of Classical Criminology?
Which of the following is often considered a limitation of Classical Criminology?
What is the primary obligation of defense attorneys in a legal case?
What is the primary obligation of defense attorneys in a legal case?
Which statement best describes the role of a judge in the courtroom?
Which statement best describes the role of a judge in the courtroom?
What is a nolo contendere plea?
What is a nolo contendere plea?
What action allows a defendant to be released prior to trial based on their promise to return?
What action allows a defendant to be released prior to trial based on their promise to return?
In a bench trial, who serves as the finder of fact?
In a bench trial, who serves as the finder of fact?
What is required for an indictment to occur?
What is required for an indictment to occur?
Which of the following is NOT a duty of a federal prosecutor?
Which of the following is NOT a duty of a federal prosecutor?
What determines if bail will be granted to a defendant?
What determines if bail will be granted to a defendant?
What is meant by judicial activism?
What is meant by judicial activism?
Which scenario illustrates an indigent defendant's rights under Gideon v. Wainwright?
Which scenario illustrates an indigent defendant's rights under Gideon v. Wainwright?
What is the purpose of a motion for discovery?
What is the purpose of a motion for discovery?
Which factors influence a judge's sentencing recommendations?
Which factors influence a judge's sentencing recommendations?
What happens during the initial appearance before a judge?
What happens during the initial appearance before a judge?
Which term describes when an attorney represents a defendant without compensation?
Which term describes when an attorney represents a defendant without compensation?
What is the primary role of sheriffs in the context of policing?
What is the primary role of sheriffs in the context of policing?
What is required for a police officer to conduct a search without a warrant?
What is required for a police officer to conduct a search without a warrant?
Which of the following accurately describes the purpose of stop and frisk (Terry Stop)?
Which of the following accurately describes the purpose of stop and frisk (Terry Stop)?
How does police discretion affect interactions with the public?
How does police discretion affect interactions with the public?
What does the exclusionary rule entail?
What does the exclusionary rule entail?
In what situation is the use of force by officers generally allowed?
In what situation is the use of force by officers generally allowed?
What distinguishes a uniformed officer from a detective?
What distinguishes a uniformed officer from a detective?
Which division of police is primarily responsible for federal law enforcement?
Which division of police is primarily responsible for federal law enforcement?
What is the 'Fruit of the Poisonous Tree' doctrine?
What is the 'Fruit of the Poisonous Tree' doctrine?
What does an officer need to conduct a legal traffic stop?
What does an officer need to conduct a legal traffic stop?
What typically differentiates specially trained officers, like SWAT, from regular police?
What typically differentiates specially trained officers, like SWAT, from regular police?
Which of the following describes a police officer's ability to handle criminal activity at their discretion?
Which of the following describes a police officer's ability to handle criminal activity at their discretion?
What type of officer is primarily responsible for managing police budgets and personnel?
What type of officer is primarily responsible for managing police budgets and personnel?
What principle does the 4th Amendment support regarding searches and seizures?
What principle does the 4th Amendment support regarding searches and seizures?
What is the primary goal of retributivism in terms of legal punishment?
What is the primary goal of retributivism in terms of legal punishment?
Which punishment method was intended to serve as a lesson to the public?
Which punishment method was intended to serve as a lesson to the public?
What approach was characteristic of the Eastern State Penitentiary?
What approach was characteristic of the Eastern State Penitentiary?
What was a key feature of the indeterminate sentence system?
What was a key feature of the indeterminate sentence system?
What major societal issue led to changes in prison labor models during the Great Depression?
What major societal issue led to changes in prison labor models during the Great Depression?
Which movement challenged the effectiveness of traditional psychiatric rehabilitation methods?
Which movement challenged the effectiveness of traditional psychiatric rehabilitation methods?
What was a consequence of the War on Drugs that took effect starting in the 1980s?
What was a consequence of the War on Drugs that took effect starting in the 1980s?
What is one argument against the private prison system?
What is one argument against the private prison system?
Which of the following describes the concept of 'prison industrial complex'?
Which of the following describes the concept of 'prison industrial complex'?
What is a PSIR in the context of sentencing?
What is a PSIR in the context of sentencing?
What is the main focus of the Victim Impact Statement during sentencing?
What is the main focus of the Victim Impact Statement during sentencing?
Which type of punishment is characterized by physical pain or disfigurement?
Which type of punishment is characterized by physical pain or disfigurement?
What practice emerged in the rehibilitative era of the early 1970s?
What practice emerged in the rehibilitative era of the early 1970s?
What effect did the Quakers have on prison reform in the 19th century?
What effect did the Quakers have on prison reform in the 19th century?
Flashcards
Insanity Defense
Insanity Defense
A legal defense where the defendant argues that they were incapable of understanding the wrongfulness of their actions due to a mental illness at the time of the crime.
Duress Defense
Duress Defense
A legal defense where the defendant argues that they were forced to commit a crime due to a threat of harm to themselves or others.
M'Naghten Rule
M'Naghten Rule
A legal rule that defines insanity as a mental state where the defendant did not know right from wrong due to a mental disease or defect at the time of the crime.
Durham Test
Durham Test
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Necessity Defense
Necessity Defense
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Pop.Minimum Security Prison
Pop.Minimum Security Prison
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Low Security Prison
Low Security Prison
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Medium Security Prison
Medium Security Prison
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High/Maximum Security Prison
High/Maximum Security Prison
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Jail
Jail
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PCU (Protective Custody Unit)
PCU (Protective Custody Unit)
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Ad Seg (Administrative Segregation)
Ad Seg (Administrative Segregation)
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Supermax Prison
Supermax Prison
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MOU (Memorandum of Understanding)
MOU (Memorandum of Understanding)
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Municipal Police Departments
Municipal Police Departments
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Sheriffs
Sheriffs
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FBI (Federal Bureau of Investigation)
FBI (Federal Bureau of Investigation)
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Department of Homeland Security
Department of Homeland Security
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ICE (Immigration and Customs Enforcement)
ICE (Immigration and Customs Enforcement)
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CBP (Customs and Border Protection)
CBP (Customs and Border Protection)
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U.S. Secret Service
U.S. Secret Service
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Uniformed Officer
Uniformed Officer
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Detectives
Detectives
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Captains/Sergeants
Captains/Sergeants
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Special Weapons and Tactics (SWAT) Team
Special Weapons and Tactics (SWAT) Team
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Police Discretion
Police Discretion
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Fourth Amendment
Fourth Amendment
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Fleeing Felon Rule
Fleeing Felon Rule
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U.S. Attorneys
U.S. Attorneys
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Attorney General
Attorney General
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Defense Attorneys
Defense Attorneys
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Zealous Defense
Zealous Defense
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Indigent Defendant
Indigent Defendant
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Gideon v. Wainwright
Gideon v. Wainwright
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Public Defenders
Public Defenders
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Contract Defense
Contract Defense
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Pro Bono Work
Pro Bono Work
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Judge
Judge
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Bench Trial
Bench Trial
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Booking
Booking
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Arraignment
Arraignment
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Pre-Trial Motions
Pre-Trial Motions
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Rational Egoism
Rational Egoism
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Deterrence
Deterrence
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Likelihood of Getting Caught
Likelihood of Getting Caught
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Phrenology
Phrenology
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Atavism Theory
Atavism Theory
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Neurocriminology
Neurocriminology
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Sociobiology
Sociobiology
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Psychological Theory of Crime
Psychological Theory of Crime
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Talk Therapy
Talk Therapy
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Behaviorism
Behaviorism
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Differential Association Theory
Differential Association Theory
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Microtheory
Microtheory
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Macrotheory
Macrotheory
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Strain Theory
Strain Theory
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Social Disorganization Theory
Social Disorganization Theory
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Retributivism
Retributivism
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Categorical Imperative
Categorical Imperative
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Penitentiary
Penitentiary
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Separate and Silent System
Separate and Silent System
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Indeterminate Sentence
Indeterminate Sentence
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Prison Labor
Prison Labor
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Rehabilitative Era
Rehabilitative Era
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Recidivism
Recidivism
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Mass Incarceration
Mass Incarceration
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Neoliberalism
Neoliberalism
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Private Prison
Private Prison
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Prison Industrial Complex
Prison Industrial Complex
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PSIR: Presentencing Investigation Report
PSIR: Presentencing Investigation Report
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Victim Impact Statement
Victim Impact Statement
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Reception Center
Reception Center
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Study Notes
Final Exam Information
- The exam will be 60 questions, non-comprehensive, focusing on recent information
- There will be 30 comprehensive questions, covering the entire course material, excluding names and real-world cases.
Criminal Law
- Criminal justice system: connected institutions responding to crime
- Legal definitions of crimes
- Malum prohibitum: acts wrong due to being prohibited
- Malum in se: acts inherently wrong
- Natural law: a higher law to be obeyed even if it contradicts the law
- Moral relativism: differing moral codes
- Collective consciousness: social bonds within a society
- Treason: crime defined by the constitution
- Espionage: crime of spying
- Tax evasion: actively trying to disrupt the US government
- Sedition: crime actively trying to overthrow the American government
- Victimless crimes: crimes against oneself rather than another person (ex: drug trafficking, prostitution)
- Categorizing crimes by victim and location (street vs. domestic)
- White-collar crime: crimes in the workplace for personal gain
- Embezzlement
- Ponzi schemes
- Corporate crime (sophisticated cons)
Measuring Crime
- Crime rate: often misleading or flawed
- Older people are more fearful of crime, while young men are more likely to be the victims
- Young women perceive and experience crime differently
- Police data is sent for crime tracking statistics
- Uniform Crime Report (UCR): over 100 years old. Free data source
- National Incident Based Reporting System (NIBRS)
- Differences in numbers between arrest and convictions
- Crime rate statistics can be misinterpreted
Substantive Criminal Law
- Actus Reus + Mens Rea = crime (bad act + mental state)
- Actus Reus: committing a crime (ex: unlawful killing + malice aforethought)
- Mens Rea: the intent to commit the crime
- Example concepts: conspiracy to commit murder, attempt (trying to commit a crime but not finishing it), and solicitation
Criminal Defenses
- Anything that exonerates a client or reduces punishment
- Failure of proof: “I didn’t do it”
- Not guilty vs. innocent (prosecution has to prove guilt beyond a reasonable doubt)
- Justification: “I did it but it was the right thing to do” (ex: self-defense)
- Self-defense
- Last resort
- Proportionate response
- Reasonable belief
- Non-aggressor
Criminal Behavior
- Do people commit crimes because they are evil?
- Enlightenment era philosopher
- Jeremy Bentham
Theories of Crime
- Biological/evolutionary theories: Phrenology and neurocriminology (racist comparisons of skulls)
- Psychological theories: emotional/cognitive makeup of a person (ex: Sigmund Freud)
- Sociobiological theories:
- Sociological theories: Strain Theory, Structural Racism
- Criminal behavior learned from others directly
Criminology – Specific Areas
- Queer Criminology, Green Criminology, Critical Race Theories
Illegal Activities
- Illegal waste dumping: disobeying environmental regulations
Criminal Justice Systems
- Police function as the heart of the system
- Handling people who step out of line—warnings, arrests, maintaining order
- Public assistance, active vs. passive approaches (preventive measures)
- Sting operations to entrap criminals
- Formal policing: requiring bureaucracy, record keeping
- Informal policing: providing flexibility with interaction
Federal Policing
- Federal crime (19th - 20th centuries)
- Mann Act
- Creation of the FBI
- The Volstead Act
- Prohibition (banning of alcohol)
- Federal officers took over the Volstead Act
- Public interaction with police
- Role of technology
Community Policing
- Koban (police stations)
- Building trust with community members
- Broken windows theory: addresses issues in high-crime areas
Courts
- Epistemology: study of knowledge and truth
- Epistemological function: determining if guilty or innocent
- Trials: ask a narrow question of whether person committed crime, often involving deliberation and discussion
- Punitive function: determining degree of punishment
- Apartheid
- Truth and Reconciliation Commission (TRC): used in South Africa
Trials
- Pre-trial motions
- Indictment requirements
- Bail amount and processes
- Types of Evidence
- Motion to suppress
- Jury and jury selection
- Closing statements
Legal Mistakes in Trial
- Re-evaluating trial decisions when legal errors were made
Appeals
- Appellate courts review the lower courts' decisions
- Reversal of a conviction due to legal mistakes
Punishment
- Deterrence, rehabilitation, incapacitation, and retribution
- Emmanuel Kant’s arguments for punishment
- Punishments changed over time, such as from executions in public to being more private
- Prisons and their functions
- Prison Industrial Complex (incentivizes imprisonment due to financial gain)
Probation and Parole
- Alternatives to incarceration
- Incentives for good behavior in prison, parole and probation are monitored.
Restorative Justice
- Focusing on healing the victims and offenders instead of punishment.
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