CJ Exam Study Notes PDF

ERAs of Policing Political Era Source of Legitimacy: Local Political Leaders Police Function: Crime prevention, order maintenance, and social service Organizational Design: Decentralized Relationship with Environment: Tightly connected to the soci...

ERAs of Policing Political Era Source of Legitimacy: Local Political Leaders Police Function: Crime prevention, order maintenance, and social service Organizational Design: Decentralized Relationship with Environment: Tightly connected to the social and political world Demand for Service: Ward politicians and citizens Tactics: Foot Patrol Measure of Success: Political and Citizen Satisfaction Style of Policing: Watchman Reform Era Source of Legitimacy: Criminal law and professionalism Police Function: Strict law enforcement Organizational Design: Centralized Relationship with Environment: Impersonal Demand for Service: Central Communications Tactics: Preventive patrol, 911 Measure of Success: Crime Data Style of Policing: Legalistic Community Era Source of Legitimacy: Community, law, & professionalism Police Function: Crime control, prevention, and problem-solving Organizational Design: Decentralized Relationship with Environment: Close ties to community Demand for Service: Precinct officer; analyze problems Tactics: Foot patrol and problem solving Measure of Success: Quality of life and crime control Style of Policing: Service Policing Primary Goals of the DOJ Prevent terrorism and promote the nation’s security Prevent crime, protect the rights of the American people, enforce federal law Ensure and support fair, efficient, and transparent administration of justice at all levels Policing Terms  Search: when a person's reasonable expectation of privacy is violated Warrant: legal document that allows an officer to complete a search of a person’s belongings Seize: take items Probably cause: reasonable belief that a particular person has committed a specific crime; needed for a search or arrest Reasonable suspicion: general and reasonable belief that a crime is in progress or has occurred Exclusionary rule: Items must be excluded and not used against someone in a court of law if the evidence is obtained outside of the context of a warrant Extension: Fruit of the poised Tree (refers to evidence that is subsequently obtained as a result of an illegal search is also excluded) Exceptions Search incident to arrest (allows an officer to search the persons {body and immediate area} of the suspect immediately after an arrest for the safety officer and to prevent the destruction of evidence) [Chimel v. U.S.] Good faith exception (if the officer reasonably rely on a search warrant issued by a judge even if later the warrant is deemed invalid) [U.S. v. Leaon] Plain view doctrine (allows officers to seize evidence in plain view during a lawful search) [Harris v. U.S.] Warrantless Searches: includes the basic interior of the car or confined spaces Prisonization: the process by which inmates adapt to the norms, values, and behaviors of prison culture. Trial Process Pretrial: Bail: Release of Own Recognizance: Preventative Detention: Used in cases where the court believes the person can be dangerous Arraignment: Formal Reading of charges, defendant enters a plea (Nolo contendere– is a no contest plea, not admitting guilty but accepting responsibility and punishment)  Plea Bargaining: Trial: Court Terms Expert Witness: Special knowledge or skill in an established area, usually paid, professionals Lay Witness: Subpoenaed to testify to which they have direct knowledge (Victim, eyewitness, character witness) Pre-sentence Investigation (PSI): A report created by the probation officer and given to the judge to provide detailed information about an offender Jurisdiction Limited Jurisdiction: Lowest level, Handles misdemeanor cases (drug courts, domestic violence courts, and mental health courts) General Jurisdiction: No restrictions to the type of case, hear the most serious felony cases Original Jurisdiction: Where a criminal case begins Trial court: A case is heard for the first time, concerned with issues of fact, evidence is presented, and decisions of guilty are made Appellate Court: Concerned with the issue of law and errors made by the trial court, deal with appeals Magistrates Courts: First level of courts, limited jurisdiction, misdemeanor cases, pretrial matters for more serious cases, authorize search and arrest warrants. District Courts: General jurisdiction, review evidence, hearing cases, and drug cases are the most common offenses heard by these courts Court of Appeals: Deals with appeals Supreme Court: highest court that can hear cases, cases that involve constitutional rights (writ of certiorari– a petition for the court to listen to the case) Sentencing Schemes Indeterminate Sentencing: Rehabilitative focus, release based on efforts toward reforming. Minimum sentence length. Determinate/Fixed Sentencing: Focus on equality in sentencing, all offenses receive the same sentence, which eliminates discretion.  Sentencing Guidelines: Efforts to reduce the levels of discretion, attempt to regulate sentencing practices (eliminate racial, gender, and class-based discrimination) Mandatory Minimums/Sentencing Enhancements: Eliminate judicial discretion from the criminal justice, law proscribes the specific punishments Punishment Philosophies Deterrence: Discourage and prevent offenders from committing crimes (certainty [offender must be aware that actions will be rewarded with punishment], severity [must be severe and harsh], celerity [swift punishment]) Rehabilitation: Focussing on reforming criminal behavior so that the offender doesn't engage in further acts Incapacitation: Removing offenders from society so they won't commit crimes Retribution: (Eye for an Eye) Focused on enacting punishment and a way for offenders to pay for the harm they caused Restoration: Places the victim at the core of all decision-making, justice becomes an opportunity for healing Prison Classifications Jails: The purpose is to hold people awaiting trial, convicted, serving a sentence of less than 1 year, and community-based programs Prisons: Used to hold people convicted and sentenced to more than a year Minimum Security level prison: Least restrictive, not a violent risk to the community, limited or no fencing around the perimeter, and rehabilitative programming Medium Security level prison: Increased level of security, less freedom of movement, physical barriers Maximum security level prison: House serious and violent offenders, restricted movement and autonomy Juvenile v. Adult (Prison Systems) Cruz v Beto (freedom of religion within prisons) Harris v US (plain view doctrine)  Katz v US (protection against unreasonable searches and seizures to include electronic surveillance, like wiretapping) Pell v Procunier (limited communication with people outside the prison) Terry v Ohio (stop and frisk) US v Leon (good faith exception of exclusionary rule) Mapp v Ohio (made the exclusionary rule applicable to the states) Estelle v Gamble (Established that prisoners have a constitutional right to adequate medical care) Weeks v US (established exclusionary rule) Gideon v Wainwright (guaranteed the write-to attorney even if they couldn’t afford one) Juvenile v. Adult (Prison Systems) Juvenile systems are focused and based on rehabilitation and adult systems are based on punishment Juvenile systems terminology deals with not labeling the imprisoned as offenders People employed to help juveniles are referred to as a team meaning everyone within the court is there to help rather than average prosecution versus defense Juvenile waiver: The juvenile court may decide that it's not the right court to manage the case allowing it to transfer into adult criminal court