122 Cards in this Set
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Mala in Se Crimes
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crimes that are considered wrong in themselves: rape, assault, murder, robbery
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Mala Prohibita
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Crimes that prohibited not because they are wrong in themselves but just because
Ex:
Marijuana
prostitution
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Government makes laws to:
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define crimes, create and operate agencies( to investigate, prosecute, and punish criminals), and allocate resources( in order to address problems of crime and justice)
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Focusing on public safety
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can limit liberty and individual rights
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Focus on liberty and legal rights
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Can limit the ability to catch and punish offenders
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Visible Crime
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Offenses against persons or property committed primarily by members of the lower class
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Three categories of visible crime
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- violent crime
- property crime
-public order crime
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violent crime
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Ex. assault, rape, murder
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Property crime
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Ex. robbery, theft, burglary
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Public Order Crime
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public urination
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Occupational Crime
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"white collar crime" & committed in the context of a legal business or profession
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Organized Crime
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Crime conducted through organized framework with a goal
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Examples of organized crime
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Ex. Gambling, drugs, prostitution, providing illegal services that are in high demand
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Political Crime
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Criminal acts by the government or against the government that are for ideological purposes
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Examples of Political Crime
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Ex. sedition, treason, espionage
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Cyber Crime
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an offense committed through the use of one or more computers
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Examples of Cyber Crime
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Ex. Identity theft, hacking into computer networks, pirating music/ movies, or cyber bullying
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Goals of Criminal Justice
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-Doing justice
-Controlling crime
-Preventing crime
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Two Justice Systems
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Federal & State
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Federal System
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handles alleged violations of federal law
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State system
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handle alleged violations of state law
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Criminal Justice System
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complex whole made up of interdependent parts whose actions are directed towards goals and influenced by the environment in which they function
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Subsystems of Cjs System
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-Law enforcement
-Courts
-Corrections
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Prosecutors & others
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Prosecutor's decisions are influenced by relationships with other agencies and members of the community
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Discretion
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ability of an agent to act according to his or her own professional judgment rather than some preset rules of procedures
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Resource dependence
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-system is dependent on resources it has
- never enough(public defenders)
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Sequential Tasks
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Everything happens in a sequence. Police must act first to start sequence
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Filtering
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The process of withholding, ignoring, or distorting info
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Four Major Duties of Police
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-keeping the peace
-apprehending violators
-combating crime
-preventing crime
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Courts' Responsibilities
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-adjudication
-disposition
-post conviction remedies
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adjudication
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decision making about individual cases
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disposition
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the result reached in a particular case
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Responsibilities of Corrections
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-providing custodial services for sentenced individuals
- provide a range of community- based correctional programs
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Implicit Bias
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attitudes or stereotypes that affect our understanding, actions and decisions in an unconscious manner
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Characteristics of Implicit Bias
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Prevalence
-impressionable
-don't necessarily align with declared beliefs
-tend to favor our own in-group
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Law
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a body of rules enacted by public officials in a legitimate manner backed by the state
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Criminal Law
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a law that defines a violation of public rights and duties, which create a social harm or an injury against society
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Substantive
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in order to be convicted of a crime it is necessary for the prosecution to prove beyond reasonable doubt
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Standards of Proof
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-reasonable suspicion
-probable cause
-preponderance of the evidence
-reasonable doubt
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Reasonable suspicion
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used to justify "stop"
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probable cause
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justifies arrest
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preponderance of the evidence
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civil guilt
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reasonable doubt
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criminal guilt
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Criminal law
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-public offense
-can range from fine to incarceration or death
-right of enforcement belongs to the state
-the government ordinarily does not appeal
-fines go to the state
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Civil Law = Tort( Civil Wrong)
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-regulates relations between individuals
-sanction is monetary damages
-the individual brings the action
-both parties can appeal
-the individuals receive damages as compensation for harm done
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Substantive Criminal Law
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law defining acts that are subject to punishment and specifying punishments for offenses
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procedural criminal law
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law defining the procedures that cjs officials must follow in enforcement, adjudication, and correction
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Constitutional law
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constitution defines the structure of the government and rights of citizens
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statutory law
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laws are found in laws passed by legislative bodies
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case law
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consistent with common law heritage; judge makes the law
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administrative law
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being laws that are decisions of federal and state government agencies
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Common Law
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-based on custom and tradition as interpreted by judges
-based on precedents and procedures
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Procedural Due Process
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the constitutional requirement that government officials treat all persons fairly and justly
Ex' innocent till proven guilty; defined by judicial rulings of appellate courts
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Bill of Rights
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- first ten amendments
- applied to the states through the process of incorporation using he due process clause of the 14th amendment.
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4th amendment
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forbids unreasonable search and seizure
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5th amendment
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- guarantees due process
-prohibit( double jeopardy & self incrimination)
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6th amendendment
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- right to speedy and public trial
- right to impartial jury
-right to informed of charges
- right to confront witnesses
- right to be provided assistance of counsel
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8th amendment
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prohibits excessive bail and fines & cruel and unusual punishment
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Elements of Crime
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-actus reus (the act)
-mens rea (criminal intent/culpable mentale state)
-must have both simultaneously
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Actus Reus
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An act or omission of an act
Must be voluntary
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Inchoate Crime
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Actual crime that has not been completed
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Mens rea
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Guilty mind or wrongful intent
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criminal intent
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-purposefully
-knowingly
-recklessly
-negligently
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The Legal Equation
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- causality
- cause in fact
- legal or proximate cause
- intervening acts
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Causality
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cause in fact + legal or proximate cause
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Cause in Fact
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If the harm would not have occurred without the wrongful act, the act is the cause in fact.
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Legal or proximate cause
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whether just or fair to hold the defendant criminally
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Intervening Acts
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Acts that can break the chain of causation which may make it unjust to punish
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Criminal Defenses involving justification or excuse
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- entrapment
- self defense necessity
- duress( coercion)
- immaturity
- mistake
- intoxication
- insanity
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1950's America
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- middle class
- low crime and prison populations
- world of racial segregation
- inequality
-defacto laws( subliminal segregation)
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1960's- Decade in flux
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- fight against de jure seg. and for voting rights
- assassination of kennedy
- civil rights act of 1965( desegregation of public schools)
- voting rights act of 1965( end to legal or de jure seg.)
-assassination of Malcolm X
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1960's Turmoil
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- vietnam war
- fighting de facto segregation
- massive rise in crime
- assassination of MLK
- rise of heroin as a drug crisis
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Rise in Crime
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rise in crime from 1965- 1972
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Crime Complicated By:
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- anti war movement
- the student counter culture
- violence in the civil rights movement
- race riots, breakdown in violent approaches
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1968 Election
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Nixon supported civil rights and called for a war on drugs
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1980's
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- Reagan ramps up the war on drugs
- increased funding for drug interdiction
- Operation Pipeline
- Nancy Reagan " just say no"
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Irony of Drug Laws
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- whites and blacks use at similar rates
-sell at similar rates
- whites sell to friends behind closed doors
- blacks sell to strangers in public settings
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Police Strategies
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Police stop and frisk blacks at much higher rates, but seizure of contraband during stops are higher for whites
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After Arrest
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blacks are 10x more likely than whites to be imprisoned for drug crimes
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Frankpledge System
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- families banded together for protection
- tithings- 10 families
- raise the Hue and Cry
- 10 tithings = hundreds
- Hundreds = parishes
- Several Parishes = Shire
- Shires = counties
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Sheriff
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-12th century king appointed sheriffs to levy fines and make sure frankpledge worked
- all men over 15 could be called to pursue felons
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constable- watch system
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- constable supervised tithings
-criminal investigations, supervised night watch
- served summonses and warrants
- took charge of prisoners
- watchmen provided assistance
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First Modern Police
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London: Sir Robert Peel
- Bobbies = officers
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Mandates of the Metro Police Act
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- prevent crime without using repressive force
- maintain public order
-reduce conflict with the public
- efficiency
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Boston
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first urban city to develop police force
- only day watch
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New York
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first police dept. with a day and night shift/1844
- no uniforms, but hat and badge
- star badge made of copper(cops)
- no firearms
- hired based on who you know
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Political Era: 1840- 1920
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-notorious for brutality
- little done to prevent crime
-enforcement arm of reigning political power
-high paying job for the time
- police work was primitive
- citizens hated police
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Professionalization Movement
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- reformers sought to define policing as a profession
- sought to eliminate the influence of politics on policing
- argued for hiring police chiefs
- tried to raise standards for patrolmen
- created specialized units
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6 elements of professional policing
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1) the force should stay out of politics
2) members should be well trained, disciplined and tightly organized
3) laws should be equally enforced
4) forces should use new technology
5) personnel procedures should be based on merit
6) the main task of policing is crime fighting
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Police Training
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- pre-service training
- peace officers standards training
- field training
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Stress in Police Work
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external- real threats and dangers
organizational- nature of work
personal- social isolation, sense of danger, racial/gender status
operational- dealing with criminals
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Function of patrol
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-Crime prevention- deterrence
- maintain feelings of public safety
- service to the community
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Gideon v. Wainwright
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if you don't have a lawyer, one will be appointe d
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Mapp v. Ohio
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exclusionary rule
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4th amendment
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unreasonable searches and seizures
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Levels of Suspicion
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-hunch
- reasonable suspicion
-probable cause
-reasonable doubt
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Exceptions to the warrant requirement:
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-officer safety
-prevent destruction of evidence
- arrest must be lawful
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Dog Search
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If dog is alerted then vehicle and trunk can be searched
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Automobile Exception
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- Can search a car without warrant if probable cause that it was in a crime
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Inventory Searches Exception
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- when vehicle is seized, you can inventory its contents
- protect property against theft or loss
- protect police from dangerous contents
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Consent Searches
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search made without probable cause or a warrant that is agreed to by the person being searched
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Who may give consent
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-person being searched
-parent
-person with common authority over home or rental property
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Plain view searches
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the right to search and seize what officers can discover by the use of their ordinary senses
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Plain feel doctrine
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the right to search and seize what officers can discover by the use of their ordinary senses
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Open fields doctrine
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allows police acting without a warrant to walk past no trespassing signs to find marijuana plants in fields on private property
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Exigent Circumstances
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-emergency
-hot pursuit
-imminent danger
-no time for warrant
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Institutions of dispute resolution( courts)
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civil cases- disputes between individuals or organizations
criminal courts- dispute between individual and society
-in resolving disputes, court rewards winners and punish losers
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Behavior Modification
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-reward and punish behavior
- deterrence
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Courts are legal institutions
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make, enforce and interpret laws
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Judicial review
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the power of a court to declare a law unconstitutional and thus null and void
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Court structure and organization
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states have similar court structures
: pyramid of trial court
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Judicial Selection
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- federal: political appointment
- state: merit selection, partisan election, non partisan, gubernatorial appointment
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political appointment
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in some states, the governor appoints state judges
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Partisan election
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a type of election in which candadites' names and party affiliations appear on the ballot
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Non-Partisan Election
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an election when the candidates are not associated with a party
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Gubernatorial Appointment
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Governor or state legislature have sole authority to appoint judges.
Often involves politics. (Governor's supporters get appointed.)
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Plea bargaining
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a process by which a defendant in a criminal case pleads guilty to a crime in return for a lesser sentence or some other consideration from the count
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Popularity of plea bargaining
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about 80-97% of cases
- only 4% of cases are resolved by trial
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Three key components of plea bargaining
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-Courtroom workgroups
-local legal culture
- going rates
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courtroom workgroups
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most courts include the same prosecutors, defense attorneys and judges
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Local Legal Culture Definition
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-values and norms shared by members of a particular court community (judges, attorneys, clerks, bailiffs) about how cases should be handled and the way court officials should behave
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Going Rates
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"worth of case"
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CJS 101: FINAL