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CJ 100: EXAM 1
sensationalizing |
what is the media's best interst in the CJ system?
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viewers |
the meida cares more about the number of ______ rather than the accuracy of the story
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when the media reaches a verdict before the jury |
what is trial by media?
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yes! |
is the public opion largely shaped by the media?
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age demographics |
what is the most prominent factor in crime rate?
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criminal justice |
socitey's response to crime
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crime |
an intentional act or omission in violatin of the criminal law, committed without deese or justification, and penalized by the government
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criminology |
study of why people commit crimes
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decreasing |
is the violent carime rate increasing or decreasing?
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50% |
over ______ percent reduction in the violent crime rate and murder rate
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media sensationalism |
tendency to presetn infomation about a crime in a way that provokes public interest and excitment and usually at the expense of accuracy
public opinon frequently contradicts findings from crime data
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for control and get more viewers |
why does the media densationalize the news?
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trial by media |
the media reaching a verdict in a case before the jury does
ex: casy anthony, OJ simpson
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increased |
since the 1950's has the public safety spending increased or decreased by government ?
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US |
what country has the number 1 incarceration rates?
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$1.7-$2 trillion dollars |
what is the annual cost of crime?
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no, many people fall are affected |
is white collar crime victimless?
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edwin sutherland |
who is the father of white collar crime?
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occupatioal position |
white collar criminals are respected members of the community who used their trusted _____ ________ to exploit the public
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social costs |
losing confidence in the market because lost money
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the ford pinto |
-gas tank placed six inches from rear bumper
-japanese compacts were coming out and ford wanted to rush production-"normalaized " the risk-aware of the design flow, refused to pay for a redesign, and decided it would be cheaper to pay off possible law suits
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the bill of rights
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the first ten amendments to our constution
ratified in 1791
was orginally ONLY applied to the federal government
designed to limit the power of the federal government
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the 1st amendment
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"the great amendment"
freedom of religion, press, speech, assembly and petition
categorized as freedom of expression
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2nd amendment
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often cited as the "right to bear arms"
relates to cases Heller and Mcdonald
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Heller |
what case is this?
second amendment protects an indiviudals's right to posses a firearm in federal enclaves.
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McDonald
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what case is this?
second amendemt now applies to individual states under the due process clause of the 14th amendment
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4th amendment
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what amendment?
-the right against unreasonable searches and seizures, no warrents shall issue but upon probably cause
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warrant |
written court order instructing that a certain act be carrie out. must be specific
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probable cause |
legal justification for an arrest, search or seizure, based on sufficient reason to think a crime has been commited "reasonable conclusion"
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search warrents |
authorities have to go before a neutral judge or magistrate and demonstarte probable cause
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exlussionary rule |
prohibits courts from considering illegally obtained evidence
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5th amendment
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what amendment is this?
-protects you against giving evidence against yourself via confession (taking the ___).
-protection against self incrimination (miranda)
-double jeopardy doctrine: prevents authorites from tyring you twice for the same crime
-guarantees Due Process- constituaional guarantee of fairness and that one will be given notice of hte procedding and an opportunity to be heard before the governement acts to take away ones life, liberty, or property
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6th amendment
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what amendment is this?
-right to a fair trial
-speedy trial
-public trial
-fair and impartial jury
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8th amendment
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what amendment is this?
-protection against exessive bail, fines and against cruel and unusal punishment
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the 14th amendement
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what amendment is this?
-guarantees due process and equal protection
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due process clause |
-makes bill of rights appilable to individual states governments
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habeas corpus
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-appear in court the day of trial
-fundamental safeguard for indiviudal freedom against an arbitrary government
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bills of attainder |
consituation prohibits congress from passing _____ ___ ______
-legislative act declaring someone guilty of a crime and imposing punishment in absence of a trial
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ex post facto laws
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- any law that punishes an act that was not crimminal when committed
-the constitution protects this
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clear and present danger, obscene material, likely to incite or produce violence |
limits on the 1st amendment-
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No! |
does less guns insinuate less violent crimes?
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large metro areas |
what kind of area does most violent crime take place?
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search |
action by law enforcement officals that intrude on people's reasonable expectations of privacy
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seizure |
any use by police to deprive people of their liberty and property
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no must be specfic |
can warrants be general?
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totality of circumstances test |
A test originally formulated to evaluate whether a defendantÂ’s constitutional rights were violated in the eliciting of a confession
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-plain view doctrine -open fields doctrine |
when are warrants not required?
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plain view docterine
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-if visible legally permitted to be used as evidence
-this includes areas visible from the aire
-coolidge vs. new hamshire: court ruled that the search of coolidges car us invalid because it was not issued by a "neutral and detached magistrate."
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Weeks vs. US
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what case is this?
-exlusionary rule is created; illegaly seized evidence cannot be used against you
-huge check on police power
-ONLY APPLIED TO FEDERAL CASES
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Mapp vs. Ohio
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what case is this?
-extended the exclusionary rule to the states ( via the due process clause in the 14th amendment)
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california vs. greenwood
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what case is this?
4th amendment does NOT prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home
-no reasonable expecation of privacy for trash on the side of the street
-what a person knowingly exposes to the public, even in his own home or office, is not a subjet of fourth amendment protection
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Kyllo vs US
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what case is this?
-police used thermal imagining technology to see through ____ walls.
-the use of termal imaging technology consituted a search --DID NOT fall under "plain view doctrine"
-protect home from warrentless surveillence including technolgoies thorugh walls
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NO! |
is a sniff by a police dog a search under the 4th amedment?
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Florida vs. Jardines |
is a case in which the United States Supreme Court will decide whether a dog sniff at the front door of a house by a detection dog trained to identify narcotics is a Fourth Amendment "search" requiring probable cause and a search warrant, or whether it is an acceptable form of minimally invasive warrantless search.
-expected to reach a decision in 2013
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5th amendment |
-grand jury
-double jeaopardy-protects against incriminate oneself-due process
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US vs. Miller |
what was the first big landmark of 2nd amendment in the 1930's?
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grand jury indictments |
what was one of the first checks on governments power
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federal cases only |
who does the grand jury apply too?
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1. physical custoday (arrest) 2. must be read before asked questions that could have incrminating answers |
what is the 2 prong test relating to miranda?
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7th amendment |
-the right of trial by jury to civil cases
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crime control model |
-"assembly line justice"
-every effort made to represss cime-speed and efficiency are the main goals-avoids the courtroom, promotes plea bargaining, **pleading guility with a reasonable expectation of a reduction in charge (lighter sentence)
-reality
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due process model |
-"obstacle course justice"
-stresses using the adversarial (outroom) process-strained resources make this model problematic-ideal
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plea bargaining |
what is the most important step in teh criminal justice process for hte majority of criminal cases
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plea agreement |
the defendent will plead guilty to the orginal charge, or to another charge, in return for a reduced sentence
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santobello vs. new york |
what case is this?
-if the prosecution has promised a lenient sentence as a result of a plea deal, the prosecution must keep that promise
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prison jail |
long term incarceration setting
short term incarceration setting
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between 90-95% |
what percentage of ciminal convictions come from negotiatied plea deals (plea bargaining)
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violent, property, and public order |
what are the 3 categories of visible/ "street" crimes?
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violent crimes |
-type of visible crime
-physical injury or death is a result
-most of these offenses are committed by people who know their victim
-UCR considers these violent crimes: murder & nonegligent (voluntary) manslaughter, forcible rape, robbery, aggravated assualt.
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murder and nonnegligent (voluntary) manslaugter |
type of violent crime:
willful killing of one human being by another, intent is present
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first degree murder |
type of murder:
premediatated, intentional killings, feloy murder (comission of a violent felony)
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second degree |
type of murder:
-unplanned (death of victim was a distinct possibility---reckless action )
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voluntary manslaugter |
type of murder:
-intentional killing in which the offender had no prior intent to kill ("heat of passion"- reasonable person to become emotionally disturbed
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forible rape |
type of violent crime:
-carnal knowledge of a female forcibly and against her will-attempts or assaults to commit rape by force or threat of force are also included; however, satutory rape (w/o force) and other sex offenses are excluded
-**update: FBI changin definition to include males, and not to just include "forcbile" rape
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robbery |
type of violent crime:
-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
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aggravated assualt |
type of violent crime:
-unlawful attack by one person upon another for the purpsoe of infilcting severe or aggravated bodily injury.
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force |
violent crimes use ______
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embezzlement |
to convert (money or property entrusted to one) fraudulently to one's own use
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property crimes |
type of visible/street crime:
-the object of the theft-type offenses is the taking of money or property, but there is no force or threat of force against the victims
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-burglary -larceny-theft -motor vehicle theft -arson |
what are the four types of property crimes?
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burglary |
type of property crime:
-the unlawful entry of a structure to commit a felony or theft
-the use of force to gain entry need not to have occured
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larceny-theft |
type of property crime:
-the unlawful taking, carrying, leading, or riding away property from the possession or constructive possession of another
-is not taken by force and violence or by fraud
-ex: thefts of bicycles, motor vehicle parts, shop lifting, pocket-picketing
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motor vehicle theft |
-3rd type of property crime
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arson |
type of property crime:
-any willful or malicioius burning or attempting to burn, with or without intent to defraud a dwelling house, public building, motor vehicle or airraft, personal property etc. -can be fraudulent
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public order crime |
type of visible/street crime:
-acts that threaten the general well-being of society and challenge accetped moral principles
ex: public drunkeness, panhadling, vandalism, and disorderly conduct
-concerned that these minor offenses will lead to more serious crime and hasten urban decay
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increasing since war on drugs, public & private |
what has the US incarceration rate been doing?
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white-collar crime |
full range of frauds committed by business and government professionals
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