Cj 100 Test 1

Front 1

4th Amendment (3 things)

Back 1

Protection against unreasonable Searches and Seizures

Probable Cause

No general warrants (must be specific)

Front 2

4th Amendment

Weeks v. United States (2 things)

Back 2

First appearance of the Exclusionary rule

Supreme Court ruled that all illegally btained evidence was barred from use in federal prosecutions.

Front 3

Exclusionary rule

Back 3

The rule providing that evidence obtained improperly cannot be used against the accused at trial.

Front 4

Mapp v. Ohio; What Dorleen Mapp did?

Back 4

Suspected in the bombing of man's home. Police attempt to enter her home. She refused them entry. Police came back later and she refused again without a warrant. Police wave paper in her face and forced their way in (against her will).

Front 5

Mapp v. Ohio; What happened in court?

Back 5

Her attorney came, but was not allowed to see her. Police found "books that were deemed to be obscene" and she was charged with possession of obscene, lewd, or lascivious materials. She was sentenced to an indefinite term in prison. June 1961, the Supreme Court overturned this sentencing due to her 4th amendment rights being violated.

Front 6

Motor Vehicle Inspection

Back 6

Allows the search of motor vehicles without a search warrant, but officer must have probable cause, because of the mobility of the vehicle.

Minor traffic violations are not probable cause.

Front 7

5th Amendment: Grand Jury Indictments (3 things)

Back 7

Grand Jury decides whether the prosecution has enough evidence to bring a defendant to trial.

Probable Cause=indictment (formal charging)=green light to proceed.

No Probable Cause="no bill"=suspect not charged.

Front 8

Grand Juries (2 things)

Back 8

Prosecutor presents evidence against suspect.

Advantages for prosecution;

1) Proceedings are secrative (only prosecutor and jury present)

2) Exclusionary rule does not apply to grand jury proceedings.

3) Prosecutor can choose which evidence presented to jury.

Front 9

Miranda v. Arizona (year and case)

Back 9

1966

Protects Fifth amendment rights of individuals against self-incrimination.

Front 10

When are your rights read?

Back 10

After a person has been officially taken into custody, but before potentially incriminating questions are asked (interrogation).

Front 11

Reasons For Miranda (3 things)

Back 11

1) Protection against forced confessions. (self-incrimination)

2) Protection against lengthy interrogations without legal counsel.

3) "Public Safety" Exception: Can forgo Miranda warnings if there is a threat to public safety.

Front 12

Criminal Court (Proof, Quantify, Case)

Back 12

1) Proof= Beyond Reasonable doubt.

harder to get convictions

does not mean absolute certainty

2) quantify= 97%-99.9%

3) The Government (state or federal) brings suits against (prosecutes) a person who they believe has violated the law (the defendant).

Front 13

Civil Court (Proof, Quantify, Case)

Back 13

1) Proof= more than 50% of evidence must favor one side.

(lawsuits) some type of damage or harm that you have experienced.

2) Quantify= 51%

3) Compensations from damages on injuries. One party (plaintiff) who feels they were harmed (tort) brings a complaint against another party (defendant).

Front 14

Liebeck v. McDonald's (Case, outcome)

Back 14

1) Hot Coffee

2) McDonald's 80% blame

Liebeck 20% blame

Poster child for tort reform

Front 15

Plea Bargaining

Back 15

The defendant will plea guilty to the original charge, or to another charge, in returned for a reduced sentence.

Front 16

TEST QUESTION:

What percentage of criminal convictions come from negotiated plea deals?

Back 16

90%-95%

Front 17

Benefits of Plea Bargaining (Criminal Defendants, Judges, Prosecutors, Defense Attorney)

Back 17

1) Might get lighter sentence (jury is unpredictable)

2) Helps assembly line

3) Tons of cases, move through them quickly. Conviction without much more time or energy.

4) Gets more cases in a shorter amount of time.

Front 18

Criticisms of plea bargaining (3 things)

Back 18

1) Due process concerns, defendants give up their constitutional rights (right to trial by jury)

2) Sentence polices and reduce society's interest in appropriate punishments of crime.

3) People say it's too easy and unfair to get a lighter sentence.

Front 19

Boykin v. Alabama (date and case)

Back 19

1969

Defendants must state they made their plea voluntarily before the judge can accept a plea.

Front 20

Santobello v. NY (case)

Back 20

If the prosecution has promised a lenient sentence as the result of a plea deal, the prosecution must keep that promise.

Front 21

Retribution

Back 21

Physically paying debt back (eye for eye, tooth for tooth)

Ex: Death Row

Front 22

Deterrence

Back 22

Punishment will be so hard that people wont forgo in criminal activity

Front 23

Specific Deterrence (2 things)

Back 23

1) For criminals who have already committed crimes.

2) Tries to make is so they won't commit a crime again.

Front 24

General Deterrence (2 things)

Back 24

1) Increase strength of police

2) Public hanging

Front 25

Incapacitation (2 things)

Back 25

1) Behind bars

2) Death Row

Front 26

Rehabilitation (2 things)

Back 26

1) Take a criminal, rehabilitate them, and turn them to society as a better person.

2) If crime is committed (property like), people want criminal and community members discuss crime

Front 27

Recidivism Rate (rate and rule)

Back 27

40%-50% of the people who have committed a crime and did time and went back and committed another crime.

3 strikes you're out rule (California). After 3rd crime=life sentence.

Front 28

3 types of crime

Back 28

1) Violent

2) Property

3) Public Order

Front 29

Violent Crimes

Back 29

Physical injury, death occurs, or threat.

Front 30

Uniform Crime Report (UCR) (4 things)

Back 30

1) Murder and voluntary manslaughter

2) Forcible Rape

3) Robbery

4) Aggravated Assult

Front 31

Murder and Voluntary Manslaughter

Back 31

Willful killing of one human being by another. (intent is present)

Front 32

1st degree murder

Back 32

Planned (premeditated) Intentional killings, felony murder

Ex: Someone puts something that will kill someone in that someone's, that they are trying to kill, drink.

Front 33

2nd degree murder

Back 33

Unplanned killings

Ex: Drunk Driving and killing someone.

Ex: Johny shoots at waldo and the bullet ticochets and kills the woman he is with.

Front 34

Voluntary Manslaughter

Back 34

Intentional killing in which the offender had no prior consent to kill

Ex: Somebody killing his lover and somebody she's having an affair with when he catches them (heat of the moment).

Front 35

Forcible Rape

Back 35

Holding and raping a woman against her will (forcing), this includes her being unconscious, physically or mentally disabled, drugs/alcohol, etc.

Front 36

Robbery

Back 36

The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Different from burglary (property crime).

Front 37

Aggravated Assult

Back 37

Unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.

Front 38

Assult

Back 38

Threat of violence (pulling a fist back in preparation to punch somebody).

Front 39

Battery

Back 39

Violence (connecting the punch)

Front 40

Property crimes (4)

Back 40

Burglary

Larceny-theft

Motor Vehicle theft

Arson

Front 41

Burglary

Back 41

The unlawful entry of a structure to commit a felony or theft. Can be charged with multiple offenses (Burglary and robbery)

Front 42

Larceny-theft

Back 42

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

Ex: Theft of bikes, motor vehicle PARTS and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud

Front 43

Motor vehicle theft

Back 43

Stealing a motor vehicle

Front 44

Burglary v. Robbery

Back 44

Burg: No danger or violence

Robb: Danger or violence towards the victim

Front 45

Arson

Back 45

Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling a house, public building, motor vehicle or aircraft, personal property of another, etc...

Front 46

Public order crimes

Back 46

acts that threaten the general well-being of society and challenge accepted moral principals

Ex: Public intox, panhandling, disorderly conduct etc...

Front 47

Victimology

Back 47

Examines the impact of crimes on victims

Front 48

Who is victimized?

Back 48

Demographics play a key factor (age and income)

Lifetime exposure model (factors places, time and people)

Places you go and people you hang out with affect how likely you are a victim

Front 49

The impact of crime (4)

Back 49

1) All of us pay for crime (higher taxes, insurance premiums, fear, etc...)

2) Economic costs (lost property, lower productivity)

3) Psychological and emotional costs (pain, trauma, etc...)

4) Operating the criminal justice system (total cost of crime=$1.7 trillion/year)

Front 50

annual cost of crime

Back 50

$1.7 trillion / year

Front 51

The role of victims in crime

Back 51

Victims play a key role in many crimes (positive or negative roles)

Front 52

Positive roles of victims

Back 52

self-defense training, good decisions, etc...

Front 53

negative roles of victims

Back 53

not taking proper precautions, provoke or entice crime, and some victims are not willing to help with the prosecution or investigation.

Front 54

Criminology

Back 54

Scientific study of criminal behavior.

Front 55

The "Demonic Perspective" of Crime

Back 55

The dominant theory of crime, up to the 1700s, as a result of supernatural forces (spirits, demons, etc...). Punishment during this time period were very harsh (torture, severe beatings, execution, burning them alive, drowning, etc...)

Front 56

Classical Criminology

Back 56

A product of the Age of Enlightenment. First attempt to explain crime through scientific terms

Front 57

Cesare Beccaria

Back 57

First and most prominent "Classical Criminologist" with his work, An Essay on Crimes and Punishments (1764)

Front 58

An Essay on Crimes and Punishments (year and author)

Back 58

1764 by Cesare Beccaria

Front 59

Ideas of Classical Criminology (3)

Back 59

1) Individuals are rational beings (rational choices)

2) Maximize pleasure and minimize pain (cost/benefit)

3) Crime is committed through FREE WILL (not by evil spirit)

Front 60

Deterrence

Back 60

Punishment harsh enough that they deter crime (Cause people to not want to risk it)

Front 61

Specific Deterrence

Back 61

Targeting an individual that has already been involved in the criminal justice system.

Ex: Somebody that lives in prison and it was so harsh that they dont wana go back.

Front 62

General Deterrence

Back 62

Targeting the general public

Ex: keeping the public from wanting to commit crimes by intimidation of prison (scared straight program).

Front 63

3 Main elements of deterrence

Back 63

1) Swiftness of punishment: If you commit a crime, you need to immediately have punishment.

2) Certainty of punishment: Knowing the punishment is certain, no matter status.

3) Severity of Punishment: Knowing what the risks are and how bad the sentencing can be.

Front 64

Blind Justice

Back 64

Law applies equally to EVERYONE

Front 65

Problems with Classical Criminology

Back 65

Are all people rational? No-mentally ill, juveniles, etc...

Front 66

Lombroso and the Positive School

Back 66

Argued many criminals were "genetic throwbacks" (primitive people are stuck in modern society)

Front 67

Determinism

Back 67

Idea that most human behavior is determined by factors beyond free will and free choice

Front 68

Lombroso's idea

Back 68

"born criminal"

The theory did not last for long, but for a short time it did gain a lot of support

Front 69

Lombroso 1st to

Back 69

attempt at biological approach with crime

Front 70

Lombroso's list of physical traits: (4)

Back 70

1) Large jaws and cheekbones

2) swollen or protruding lips

3) Arm span greater than individuals height

4) Excessive wrinkling

Front 71

Lombroso's thoughts led to;

Back 71

racial profiling

Front 72

Classical v. Positive (3-4 test ?s on this topic) (3)

Back 72

1) Classical School=Individuals freely choose to engage in crime.

2) Positive School=Criminals have no choice in their actions.

3) Problems with the Positive School?

Front 73

IQ testing era (after Lombroso)

Back 73

1) Still focused on individual differences (early 1900s)

2) IQ testing developed by Alfred Binet (France)

3) Binet said IQ could be changed and used to help slow learners (could produce more productive people in society)

Front 74

IQ testing United States

Back 74

H. H. Goddard- IQ used to deport, incapacitate, sterilize and target low-IQ individuals (early eugenics)

Front 75

Goddard believed;

Back 75

Iq could not be changed

Front 76

Low IQ label

Back 76

"Feeble-mindedness"

Front 77

Goddard's "Freeble-Mindedness" 3 subgroups for low-IQ individuals (high to low):

Back 77

1) "Morons"

2) "Imbeciles"

3) "Idiots"

Front 78

According to Goddard, the biggest threat of the progress of humanity were;

Back 78

The Morons

Front 79

These 2 types of dumb people were not smart enough to live in society;

Back 79

Imbeciles and idiots

Front 80

Buck v. Bell (year and case)

Back 80

1927

Discussed the issue of sterilizing low-IQ individuals. This case upheld the use of sterilization for the purpose of limiting reproduction who were deemed "freeble-minded"

Front 81

Sterilization over IQ-scroes continued till; (year) and these rulings have never been overturned

Back 81

1970s

Front 82

Body-type theory "Somatotyping" (year, author)

Back 82

Mid 1940s by William Sheldon

Front 83

Somatotyping definition and 3 types

Back 83

Links body type to risk for delinquent and criminal behavior.

1) Endomorph- jolly/lazy

2) Mesomorph- risk-taking/aggressive

3) Ectomotph- introverted/shy

Front 84

Travis Hirschi and IQ (year, examined, findings, studies showed)

Back 84

1970s

Examined the effect of intelligence on youths

findings: Even among youths, intelligence has a significant effect on delinquency and criminality.

Studies showed: IQs of delinquents or criminals are about 10 points lower than average.

Especially in verbal skills.

Front 85

Rise of Sociological Theories

Back 85

1) Growth of cities and industry (urbanization)

2) Social changes were implicated in the rise in crime.

3) Forces outside individual control resulted in criminal behavior

Front 86

Chicago back in the day

Back 86

booming city

people worked in factories and lived in crowded living arrangements.

Front 87

Chicago University Research

Back 87

They studied groups instead of people and the groups environment.

Front 88

CU Neighborhood research

Back 88

Why crime varied in neighborhoods.

People changed but crime remained relatively constant, implying there was an environment factor.

Front 89

Zone 2

Back 89

The zone of transition

Factory workers

Population constantly changing

Front 90

Social Disorginization

Back 90

1) Breakdown of the social institution in a community causes crime.

2) Poverty, rapid population growth, transiency, etc.

3) Juveniles were especially impacted (gangs, vice activities, etc.)

Front 91

"Learned Criminal Behavior"

Back 91

Edwin Sutherland

Front 92

Differential association theory:

Back 92

Criminal behavior is learned through interactions with others engaging in crime. (Edwin Sutherland) (1947)

Front 93

Edwin Sutherland quote:

Back 93

"An excess of definitions favorable to the violation of law over definitions unfavorable to violation of law."