Civil Justice Concerns Final

Civil Justice concerns itself with fairness in relationships among citizens, government agencies and businesses in private matters In some states, the prosecutor may seek to continue the case against a defendant by filing an information with the court The crime control model emphasizes the efficient arrest and conviction of criminal offenders Many modern rights result from Supreme Court interpretations of the U.S Constitutions The emphasis on individual rights seen during the 1960s and 1970s was accompanied by a dramatic increase in reported criminal activity Public order advocates support the interests of society over individual rights The systems model of criminal justice is an accurate representation of how the criminal justice system works Evidence based practice refers to evidence of a crime that may be used in trial The 2002 Sarbanes-Oxley Act was intended to deter corporate fraud and hold business executives accountable for their actions Crime control Model emphasizes the efficient arrest and conviction of criminal offenders False Evidence-based practice refers to evidence of a crime that may be used at trial False The crime epidemic that occurred between 1850 and 1880 was due primarily to social upheaval caused by large-scale immigration and the Civil War The systems model of criminal justice is an accurate representation of how the criminal justice system works False The purpose of the first appearance i to determine if there is enough evidence against the defend ant to continue the criminal justice process False Civil Justice concerns itself with fairness in relationships among citizens, government agencies and business in private matters In some states, the prosecutor may seek to continue the case against a defendant by filing an information with the court Multiculturalism is a form of diversity At a preliminary hearing, the judge will: -seek to determine whether there is probable cause Which model emphasizes the efficient arrest and conviction of criminal offenders Crime-control model During the civil rights era, society focused on providing increased rights to victims of a crime False In the mid-1980s the sale and use of illicit drugs decreased to an all time low In the criminal justice process, which of the following must occur before a preliminary hearing may take place First appearance Which of the following would support the protection of personal freedoms and civil rights Individual rights advocates The first 10 amendments of the United States Constitution are collectively known as the Bill of Rights Which of the following was associated with the prohibition years of the early 20th century Wave of organized criminal activity In the 1990s, the perception that crime rates were increasing and that offenders were not being punished resulted in an increased focus on Individual accountability In an ideal that embraces all aspects of civilized life and is linked to fundamental notions of fairness and to cultural beliefs about rights and wrong Social justice Due process is specifically guaranteed only in the Fifth amendment to the U.S Constitution False The administration of justice focuses on the laws of civil procedures and the various procedures and activities relating to fairness in relationship between citizens, government agencies and businesses in private matters False Criminal justice is truth in action within the process of Administration justice Which model requires the police to recognize a suspects rights during arrest and interrogation Due process refers to Evidence based practises An offender who has served a portion of a prison sentence may be released on Parole As society became more focused on individual rights in the 1960s and 70s what happened to crime in the United States Reported crime increased dramatically Most rapes are committed by An acquaintance of the victim Dark figure of crime refers to Crime that is not reported to the police The killing of four or more victims at one location within one event is termed as Mass murder National Crime Victimization Survey includes information on which of the following crimes Robbery The hierarchy rule means that only one criminal offense per incident is recorded in the UCR A classification of crimes along a particular dimension such as legal categories offender motivation, victim behavior or the characteristics of individual offenders is known as Crime typology Which weapon is used most often to commit muder Firearms Transnational offenses can occur in a single country A murderer who kills at two or more locations with almost no time break between murders is a Spree killer Unlawful activity committed by organized criminal groups that operate across national boundaries is known as Transnational organized crime Shoulder surfing and dumpster diving are techniques used to commit which crime -identity theft Most aggravated assaults are committed with Blunt objects Phishing is a form of Computer crime Which type of terrorism only includes acts of terrorism that occur outside the United States Foreign terrorism For which of the following studies would you definitely want to use NIBRS rather than UCR A study examining multiple crimes that occur within a single incident The National Crime Victimization Survey includes information about murder Most hate crimes are motivated by Racial hatred Transnational offenses can occur in a single country Most burglars know their victims False According to the text, what should we expect to see in the near future when we examine crime statistics The decline in crime observed in the mid-1990s is expected to continue until at least 2020 Clearances are based primarily on Arrests The hierarchy rule means that only one criminal offense per incident is recorded on the UCR The Crime index was discontinued because it was skewed by the large number of violent crimes False Identity theft is a form of larceny What is the most common form of larceny Stealing motor vehicle parts UCR/NIBRS terminology may differ from the UCR program’s definition of crime The elderly are more likely than younger people to Be victimized by strangers NCVS interviewers validate the information obtained from victims against police records or other sources False Phishing is a form of Internet crime If you are looking for national crime statistics and want data on crimes reported to the police, you should use which of the following sources of data The Uniform Crime Reports A corporation cannot be convicted of a crime False Older victims are more likely than younger victims to attempt to protect themselves when they are victims of violent crime False Rape is the least reported violent crime Chapter 3 Which of the following is an inchoate offense Conspiracy Denial of a speedy trial is an example of a procedural defense The M'Naghten rule holds that a person can only defend a third party under circumstances and only to the degree that the third party could legally act on his or her own behalf Which type of law is also known as the < law on the books= Statutory law Some laws specify necessary special circumstances that must be present for a conviction to be obtained Which of the following refers to an improper or illegal inducement to crime by enforcement agents Entrapment A tort is a wrongful act, damage or injury not involving a breach of contract Under the principle of legality, ex post facto laws which hold a person legally responsible for acts committed before the law was passed are not binding Ex post facto The defense of diminished capacity is used by the defendant whose ability to understand the wrongfulness of his or her behavior is significantly impaired Typically, civil suits seek punishment rather than compensation False Common law originates from usage and custom rather than from written statutes The principle of recognizing previous decisions as precedents to guide future deliberations is called Stare decisis A sentence of two years in prison is a reasonable sentence for an offender convicted of infraction False Which of the following is an example of procedural law The law that defines the crime of first degree and specifies the appropriate punishment George has been convicted of a crime and been sentences to be incarcerated for six months. George has most likely committed a Felony The concept of rule of law expresses the belief that an orderly society must be governed by established principles to maintain order The rule of law allows people to disagree with the law but not to disobey the law You hit and kill a pedestrian because you were on your phone while driving. Which type of mens rea most likely exists in this situation Negligent Mental incompetence refers to the offenders mental condition at which point in time Immediately prior to prosecution Because you can prove you were in Canada when a crime was committed, you may use an alibi defense A key element of the corpus delicti of a crime is the identity of the person who committed it False According to the Supreme Court eliminating the insanity defense violated the U.S Constitution False Which of the following is an example of a procedural defense Defendant was denied his right to a speedy trial An offense that has been completed is called an inchoate offense False Sarah is accused of murdering her husband, She claims that she killed him after having been severely physically and sexually abused by her husband for years. She is most likely using which defense Provocation Statutory rape is a strict liability crime The M’Naghten rule holds that individuals cannot be held criminally responsible for their actions if at the time of the crime they did not know what they were doing or did not know that their actions were wrong Chapter 4 As a patrol officer in an urban police department, Luke is mainly involved in line activities The political era of American policing was characterized by Police serving the interests of politicians The broken windows model of policing focuses on which element of the police mission Preserving the peace The centralized model of state policing Combines criminal investigations with the patrol of state highways The police spend the majority of their time enforcing the law and fighting crime False The ability of police officers to make choices such as whether or not to investigate is known as Discretion Which police strategy emphasizes an increased capacity to deal with crimes that are not well controlled by traditional methods Strategic policing Chain of Command describes the order of authority within a police department Police discretion includes the decision whether or not to make an arrest Which local law enforcement official is responsible for serving court papers, maintaining security within courtrooms and running the county jail Sheriff Officer Markus has just been informed that he is being semi-permanently assigned to a particular neighborhood and is expected to become familiar with the neighborhood, it’s residents and their problems and concerns. This is an example of Team policing The Kansas City experiment found that increasing the level of preventive patrol had no effect on citizens fear of crime Community policing is poorly suited to the increased responsibilities police departments today have in developing counterterrorism intelligence False The evidence in evidence based policing refers to Scientific evidence Which police strategy emphasizes an increased capacity to deal with crimes that are not well controlled by traditional methods Strategic policing Administration, training and budgeting are examples of a police departments line operations False Currently, the main priority of the federal bureau of investigation is terrorism The political era of American policing was characterized by Police serving the interests of politicians The results of the 1974 Kansas City experiment on preventive patrol suggest that Preventable crimes are not affected by police patrol The central purpose of fusion centers is information sharing Which of the following statements best describes police involvement in enforcing the law The police are expected to support the law Which agency head is most likely to be an elected official The county sheriff Which of the following is a characteristic of a fusion center Fusion centers are state and locally focused Scientific police management emphasizes the development of modern crime labs for the analysis of criminal evidence collected at crime scenes False Currently the main priority of the federal Bureau of investigation is Terrorism One reason for the growth in private security is an increase in workplace crime Police community relations (PCR) Recognizes that the police service their legitimacy from the community they serve What is interpol’s main purpose To act as a clearinghouse for information on offenses and suspects believed to operate across national boundaries Which federal agency is responsible for managing the database of DNA profiles of offenders Chapter 5 Landmark cases clarify the procedural guidelines the criminal justice system must follow During which Supreme Court Justice’s tenure did the rights of individuals expand dramatically Earl Warren If one resident consents to a warrantless search, the police may still conduct the search even if another resident refuses to consent False The Christian burial speech led to the creation of which exception to the Miranda requirements Inevitable discovery What two principle are considered the miranda triggers Custody and interrogation Which of the following fits the definition of interrogation according to the supreme court A police officer places a suspect into a lineup The good faith exception may allow evidence obtained through an illegal search to be admitted at trial A lineup is a form of interrogation The fleeting-targets exception to the exclusionary rule allows police to conduct warrantless searches of a motor vehicle An anticipatory warrant requires probable cause False Chapter 6 How do new police officers enter the police subculture They are socialized into the subculture The two key elements in the definition of police corruption are Misuse of authority and personal gain Which of the following is an example of a grass eater An officer who accepts small bribes and minor services from citizens The slippery slope perspective suggests that accepting minor gratuities can lead to more serious violations of the law A police subculture includes Shared values, beliefs, forms of behavior The police subculture is mainly communicated through formal academy training False Police chiefs do not value accreditation due to its lack of rewards(false) False Programs such as the collier county spousal academy are designed to help families of police officers cope with issues relating to Police officer stress Excessive use of force refers to the unacceptable use of force on a department-wide basis A less lethal weapon is designed to disable, capture or immobilize but not kill a suspect Police officers nat refuse to render assistance to a person with AIDS due to concern of transition False In which situation are police officers most likely to use force While making an arrest Women officers tend to be a better at defusing and de escalating potentially violent confrontations than their male counterparts In 2003 the U.S department of justice banned its practice of racial profiling in all federal law enforcemnt agencies EXCEPT on cases involving Terrorist suspects Without a dedicated intelligence unit it’s difficult for law enforcement agencies to effectively use information and intelligence disseminated by the federal government False The current standard for the use of deadly force by federal agents is Imminent danger Which of the following is an element if the federal deadly force policy Federal agents are not permitted to fire warning shots Information that is compiled in an effort to anticipate, prevent or miniter criminal activity is known as Criminal Intelligence Police subculture includes Shared values, beliefs, and forms of behavior Local police departments are included in FBI sponsored Joint terrorism task forces Which of the following activities best fits the definition of police corruption Police officer accepts money to ignore a traffic violation Prior to the supreme court ruling in Tennessee vs Garner the use of deadly force by the police was governed by the fleeing felon rule Law enforcement supervisors are Civilly responsible for the actions of their officers Without a dedicated intelligence unit it is difficult for law enforcement agencies to effectively use information and intelligence disseminated by the federal government False Excessive use of force refers to the unacceptable use of force on a department-wide basis Behavioral profiling is a form of a biased policing False Most police officers never fire their weapons in the line of duty Police officers who violate set standards can be brought up on criminal charges The two key elements in the definition of police corruption are Misuse of authority and personal gain 1. A preliminary hearing happens if there is no grand jury. It is more protective of the innocent and gives opportunity to challenge legal bias as well as determine if the defendant is competent enough to stand trial. In Sell vs U.S is was determined use of antipsychotic drugs on nonviolent offender must be in the defendants best interest and the side effects must not compromise the trial. In arraignments and Pleas, trials are generally brief with two purposes : to inform the defendant of their charges and to allow the defendant to enter a plea. There are one of three types of pleas: guilty, not guilty, nolo contendere (no contest, which leads to immediate conviction, but not an admission of guilt and can’t be used later for civil proceedings). Plea Bargaining is the process of negotiation between defendant and prosecutor founded on mutual interests of all involved and avoids the need for a trial. Defense attorney and client agree to plea of guilty when unsure of their ability to win acquittal at trial. Negotiating pleas require judicial consent. The 6th amendment is effective assistance of counsel applied to all critical stages of criminal proceedings including plea bargains. Plea bargains should relate to the original charges. Federal rules of criminal procedure require a judge to inform the defendant of surrendered rights when pleading guilty, determine that the plea is voluntary, disclose any plea agreements and make sufficient inquiry to ensure there is factual basis for the plea The Criminal Trial Procedure is highly formal. Rules of evidence govern admissibility of evidence and other guidelines and are partially tradition, however, all jurisdictions have types of evidence written. The Nature and Purpose of The Criminal Trial is to determine guilt or innocence of which there are two types: Factual guilt: whether the defendant is responsible for crime as well as Legal guilt which is not as clear and is established when the prosecutor presents enough evidence to convince the judge. Criminal trials are built around adversarial systems, prosecution vs defense. The advocacy model is central to this system. Trial resolutions occur when both sides argue under fair and impartial jury. The Stages in Criminal Trial are as follows: Trial initiation, jury selection, opening statements, presentation of evidence, closing arguments, judgeś charge to jury, jury deliberations and verdict Factors that can lead to a wrongful conviction: younger defendant, criminal history, weak prosecution case, prosecution withheld evidence, lying by a non-eyewitness, unintentional witness misidentification, misinterpreting forensic evidence at trial, weak defense, family member as a defense witness and punitive state culture. Claims of evidence are being addressed by mandating DNA testing of all death row inmates. The 2004 Pres. Bush= Innocence Protection Act provides funds for unanalyzed DNA and sets aside money for labs. There are conditions which a prisoner asserting innocence may obtain post conviction DNA testing of evidence. Minorities have disproportionately been put to death. Blacks have a higher probability of being put on death row than whites for the same crimes. Some studies say there is no disparity. Justifications for death penalty lead to retentionist position (arguments for death penalty) are: just deserts, revenge and protection. It is often argued to violate cruel and unusual punishment. The death penalty varies considerably from state to state 1. Reentry courts oversee an offender's supervised release into the community. Probation is a sentence imposed by the court. Intensive probation supervision can be effective at reducing recidivism. Research research suggests that electronic monitoring reduces the risk of parole revocation. Probation is more successful than parole at reducing the risk of criminal socialization. Relative lack of punishment is one of the major advantages of probation and parole. Because federal probation officers are law enforcement officers they have the authority to arrest. The social work model depicts probation/parole as a "helping profession" wherein officers assist their clients in meeting the conditions imposed upon them by their sentence. Parole boards grant discretionary parole. Boot camps do not have a significant impact on offender recidivism. Offenders on home detention are not on full-time lock down and are permitted more than court and medical appointments. Offenders convicted of serious violent crimes are eligible for probation. Research suggests that electronic monitoring reduces the risk of parole revocation. Reintegration appears to be a key element in reducing recidivism rates among inmates released on parole 1.Before prisons punishments were often cruel and torturous. Examples of this include: flogging, mutilation, branding, public humiliation, exile, workhouse and physical punishments resulting in death. Before prisons, many British convicts were sent to Australia and American colonies, Russians were sent to Siberia, French to Devil's island off the African Coast. After the American revolution in 1776, Brits couldn't send convicts to America, so they started putting them on ¨hulks¨ (boats attached to the harbor as a temporary prison. 2. Workhouses are more like today's prisons. Identity of the world's first prison is unknown. During the middle ages, imprisonment was introduced to Europe by the Christian Church. Imprisonment reached clearest expression in the U.S in the 18th century models for European reformers trying to humanize criminal prisonment. 3. Development of prisons in the U.S: Penitentiary Era 1790, conversion of Philadelphia Walnut Street Jail and penitentiary by Quakers in Pennsylvania where solitary confinement was enforced. Mass Prison Era 1825 which involved enforced silence, group workshops and corporal punishment. Reformatory Era 1876 where inmates could earn release through good behavior. Industrial Prison Era 1890 which profited greatly off of inmate labor, replaced recently lossed slaves with prisoners. Punitive Era 1930s was during the Great depression and labor unions put an end to prison industries as they were competition because of ¨free¨ inmate labor. Treatment Era 1940s saw the prisoner as sick and in need of rehabilitation, more ideal than reality. Era Of Community Corrections 1960s moved away from institutionalized corrections to reform within local communities. The Era of Just Deserts focused on punishment and¨get tough¨ initiatives. This led to a Spike in drug related arrests. Evidence Based Era was a cost effective solution to correctional issues. Evidence based corrections (EBC) was a rational science based approach to what to implement. 4. The 1980s was fueled by a drug epidemic and imprisonment reached unprecedented levels. 1980-2010 was a time of mass imprisonment based on ¨warehousing¨ policy (interes legal liability). In the 1990s, prison populations continued to grow and everyone was going/coming back to prison and no one was leaving. 5. Prisons Today see the growth of American prisons slowing. The U.S incarcerates more than any other country in the world including China. The high incarceration rates persist even though the crime rates are declining. The Prison of Populous states consists of: one high-security prison for long-term high-risk offenders, one or more medium security institutions for non-high-risk offenders, one (separate) institution for adult women, 1-2 for young adults (under 25), 1-2 specialized mental hospital security prisons, 1-2 open-type institutions for low-risk, nonviolent inmates. Prisoners Today are mostly in state prisons holding those charged with violent crimes. There is a lot of racial disparity. Prison Issues include overcrowding which is measured along: space available per inmate, length of confinement, living arrangements and type of housing. 6.Definitions of prison capacity are: rated capacity (size of inmate pop a facility can handle), operational capacity (number of inmates a facility can accommodate based on staff, programs and services ), Design capacity (inmate pop institution was built to handle), and Selective incapacitation which serves to identify most dangerous criminals and remove them from society. Federal Prison Systems reside in BOP (Bureau of Prisons) which is classified according to 5 security levels: administrative maximum (ADMAX), high security (U.S penitentiaries), medium security (federal correctional institutions), low security (federal correctional institutions), minimum security (federal prison camps). 7.Growth of Federal Prisons more than doubled between 1980-1989, in the 1990s it doubled again. Today, numbers have dropped but prisons are still overcrowded. Recent Improvements involve the ACA accreditation program and the National Academy of Corrections. Jails are locally operated, typically with short-term confinement. Private Prisons are state run contracted with private industries for food, psychological testing, training etc and have grown at rapid pace. However, they are not ideal as the state loses control and lots of inhumane/bad things happen. 8.Some extra important facts include the Trump administration ordering the department of justice to end the use of private prisons throughout the federal system; federal offenders are most likely to be held in local jails. Workhouses did not provide training in specific marketable job skills. It costs an average of $14 per day to incarcerate one inmate. The recent decrease in the national crime rate in the U.S has been accompanied by an increase in the rate of imprisonment. 9.The majority of people held in local jails have not been convicted of a crime. Internal classification systems are used to determine what treatment and other programs are needed by individual inmates within a particular facility. All death row inmates are placed in maximum security prisons. Regional jails are more economical than standard local jails. A major barrier to prison privatization are old laws that prohibit private involvement in correctional management. 10.Women working in jails generally have equal status as male staffers. Deinstitutionalization emphasized the need for rehabilitation to occur in the community. Violence is not more common in direct supervision jails because of the lack of barriers separating inmates and staff. One problem with selective incapacitation is the high rate of false positives. .The deprivation model of prison subculture suggests that inmates bring values, roles and behavior patterns from the outside world into prison with them. Mentally ill inmates can be required to take antipsychotic drugs against their will. Inmates do not bring values, roles and behavior patterns from the outside world into prisons with them (deprivation model). Correctional officers are at the bottom of prison staff hierarchy. Security threat groups are prison gangs. Correctional authorities may not impose punishments on inmates without appropriate due process. Children of female prisoners usually visit their mothers. Prison subcultures change with wider cultures. Inmates who challenge prison conditions must show deliberate indifference on the part of prison officials. Most women's prisons do not have programs specifically designed for female offenders. Prisons today are vulnerable to bioterrorist attacks. The Prison litigation reform act was designed to reduce the number of lawsuits filed by state prisoners in federal courts. Prisonization process by which inmates adapt to prison life by adopting the mores and customs of inmate subcultures. Sexual misconduct between staff and inmates is more common in women's prisons than in men's prisons. Non-heterosexual inmates are at greater risk of sexual victimization while incarcerated. Residents in total institutions are generally cut off from the larger society. .In the case of the Supreme Court said that courts must provide the essentials of due process in juvenile proceedings. Delinquent children would be considered criminals if they were adults. When compared with adult justice, the juvenile justice system emphasizes treatment rather than punishment. States today are not moving away from the original principles of the juvenile court. The 1899 Illinois Juvenile Court Act did not emphasize retribution in place of reformation. Status offenders:a noncriminal act that is considered a law violation only because of a youth's status as a minor. Juveniles in secure confinement are not most likely to have committed a status offense. New York's houses of refuge were intended to house poor, destitute and vagrant youth who were deemed by authorities to be on the path towards delinquency. Overcrowding is a significant problem in juvenile institutions. The majority of juveniles who are adjudicated delinquent are placed on formal probation. The juvenile court philosophy limits judicial discretion. Running away from home is a status offense. Before the modern era, children who committed crimes in the Western world received preferential treatment because of their youth. A juvenile court has original jurisdiction when it is the only court that has statutory authority to deal with children for specified infractions. -biggest reason rape isnt reported: embarrasment -murder has the highest clearance rate (hardest to get away with) -younger people are more likely to be victims of crime -half of all violent crimes are reported to police -(young) men are more likely to be victims of crime than women except for rape -self defense is the biggest justification of crime -procedural defenses=double jeopardy, entrapment etc -excuses: duress (ex. Someone holds gun to you and makes you rob someone-this doesnt work for murder) and insanity:durham and Mńaughted rule are the ones used: either you didn't know what you were doing or you were incapable of understanding what you were doing was wrong -clerk: evidence, issue subpoenas, Sheriff: bailiff, maintain county jails SIlverthorn case: extension of exclusionary rule ¨fruit of the poisonous tree is excluded as well¨ -circumstantial evidence requires inference -direct control=supervising inmates in jail/prison -prisionaization=prison socialization Habeas corpus: complaining imprisonment is not legal Original jurisdiction is where the trial is Actus reas: bad act Mes reas: mental intent Mapp vs Ohio: unreasonable search and seizure Bivens action: doodoo federal officer 1983 lawsuit: sue gov for civil rights violation 10 circuit courts of appeal (regional courts of appeal): provides appellate review of cases Trial bonovo: trial all over again because no record of trial in lower court Marberry vs Madison: court can interpret what constitution means 90% of a federal convictions result through plea bargaining -someone convicted of murder or rape can get probation