Shared Flashcard Set

Details

Criminal Justice
Final
52
Sociology
Undergraduate 2
04/29/2008

Additional Sociology Flashcards

 


 

Cards

Term
secondary victimization
Definition
callous and insensitive treatment by the criminal justice system, which inflicts additional psychological harm and emotional trauma on victims.
Term
reasonable suspicion, probable cause, preponderance
Definition

A reasonable suspicion is what a police officer must have in order to momentarily detain a person to question them about a crime.

Probable cause is what a police officer must have in order to make an arrest or search a person's home or business.

Preponderance is the measure of proof required in civil courts. It is sometimes referred to as the "51% of the evidence rule".

Term
Basic Law of Arrest
Definition
When somebody is trasported and detained overnight. Technically when a person's freedom to leave is curtailed by a law enforcement officer.
Term
Warrantless Searches
Definition
an arrest made without first seeking a warrant, based on probably cause and permissible under specified circumstances
Term
Exclusionary Rule
Definition
the Constitutional prohibition of the use of illegally obtained evidence in court.
Term
Fleeing felon doctrine
Definition
a now defunct law enforcement rule that permitted officers to shoot a suspected felon attempting to flee from a lawful arrest.
Term
Working personality of police officer
Definition
the effect of daily police work on officers' view of the world, characterized by the cynicism and suspicion.
Term
Paradox of coercive power
Definition
the more a person in authority uses power, the more they lose authority to use power
Term
war model of policing
Definition
the use of the military metaphor for the structure and mission of policing
Term
Preventative Patrol & Rapid Reponse
Definition
urgent response system of policing based on citizen use of 911, two-way radios, and mobile command and control units.
Term
Kansas City Experiment
Definition
1973 experiment that compared the deterrent effect of three different modes of police patrol
Term
community policing
Definition
pro-active policing strategy which relies upon problem solving in close collaboration with the citizens within the community
Term
broken windows theory of crime
Definition
minor crimes such as vandalism are early signs of neighborhood in decline
Term
limited, general and appellate jurisdiction
Definition
misdemeanor and petty offenses;
appeal courts, petty offenses, court of record, criminal court;
just appeals, court of last resort
Term
court of last resort
Definition
a court which has final authority
Term
right of appeal
Definition
the right of a convicted defendant to have a higher court review the proceedings
Term
writ of certiorari
Definition
document issued by a higher court directing a lower court to prepare the record of a case and send it to the higher court for review
Term
rule of four
Definition
the requirement that a minimum of four US supreme Court justices must consent to issue a writ of certiorari
Term
bench trial
Definition
a trial in which the judge hears the facts and issues a verdict on the guilt or innocence of the defendants
Term
prosecutor
Definition
a government attorney who instigates the prosecution of an accused and represents the interests of the state at trial
Term
defense attorney
Definition
an attorney whose ethical duty is to zealously represent the interests of the defendant before the court
Term
selective prosecution
Definition
the authority held by prosecutors to use discretion in choosing whom to prosecute
Term
plea bargaining
Definition
the negotiation of an agreement among the prosecutor, judge and defense as to the charge or sentence to be imposed upon a guilty plea
Term
pretrial motions
Definition
written or oral requests to the judge by the prosecution or defense before the trial
Term
forms of evidence: direct, circumsstancial, demonstrative, testimonial, hearsay, dying declaration, expert witness, character witness
Definition
direct - eyewitness accounts;
circumstantial - infer a fact;
demonstrative - photo, object;
testimonial - statements under oath;
hearsay - what another person saw/heard;
dying - last words of a dying witness;
expert witness - expert in a field
character - offers testimony without relevance;
Term
grand vs petit jury
Definition
petit - 6 or 12 to determine guilty or innocent;
grand - 6 to 13 citizens to determine if theres enough evidence to prosecute
Term
jury nullification
Definition
the power of the jury to ignore the laws
Term
voir dire
Definition
process by which lawyers and the judge question potential jurors for a given case
Term
peremptory challenges
Definition
removal of a certain number of jurors by counsel for each side without reason
Term
challenges for cause
Definition
removal of jurors for states reasons
Term
5 goals of sentencing
Definition
retribution (punishment), incapacitation (incarceration), deterrence (discourage), rehabilitation (changing), restitution (repay victim).
Term
3 models of sentencing: judicial, administrative, legislative
Definition
judicial - judge sentences;
administrative - parole boards, wardens, to determine release conditions;
legislative - mandatory sentences
Term
determinate v. indeterminate sentencing
Definition
imposition of a fixed or set amount of time in prison;
imposition of an unspecified amount of time in prison somewhere between a minimum and maximum (determined by conduct)
Term
bifurcated trial
Definition
constitutional requirement that the imposition of the death penalty be subject to a separate hearing after the adjudication of guilt or innocence has taken place
Term
guided discretion statutes
Definition
capital statues that specify the mitigating and aggravating circumstances juries should consider in the penalty phase of a capital trial.
Term
separate vs congregate system
Definition
separate - solitary confinement to prevent "social contamination" ;
congregate - alone at night, work with others during day
Term
total institution
Definition
those who work in the prison have total control of the inmates
Term
pains of imprisionment
Definition
deprivation associated with prison (absence of goods, autonomy, heterosexual interaction, security)
Term
prisonization
Definition
where a new inmate becomes socialized tot he inmate subculture, an adaption to prison life
Term
hands-off doctrine
Definition
refusal of the courts to hear inmates' cases regarding conditions of confinement and Constitutional deprivations within institutions
Term
probation
Definition
a sentence an offender serves in the community under correctional supervision
Term
parole
Definition
conditional release of an inmate from incarceration under supervision after a portion of the prison sentence has been served
Term
restorative justice
Definition
a response to crime that seeks to restore the well-being of victims and the larger community while promoting responsible and productive behavior in offenders
Term
community justice
Definition
criminal justice activities that explicitly include the community and include prevention and enhancement of the quality of life and health of the community as part of their goals
Term
4,5,6,8 amendments
Definition
4 Freedom from unreasonable searches and seizures.
5 Right to due process of law, freedom from self-incrimination, double jeopardy.
6 Rights of accused persons, e.g., right to a speedy and public trial.
8 Freedom from excessive bail, cruel and unusual punishments.
Term
terry v ohio
Definition
Was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures was not violated when a police officer stopped a suspect on the street and searched him without probable cause to arrest.
Term
mapp v. ohio
Definition
Decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures", may not be used in criminal prosecutions in state courts, as well as federal courts.
Term
miranda v arizona
Definition
The Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
Term
batson v kentucky
Definition
Ruled that a prosecutor's use of peremptory challenges -- the dismissal of jurors without stating a valid cause for doing so -- may not be used to exclude jurors based solely on their race.
Term
furman v. georgia
Definition
Requirement for a degree of consistency in the application of the death penalty
Term
greggs v. georgia
Definition
Reaffirmed the Supreme Court's acceptance of the use of the death penalty in the United States
Term
wolff v mcdonald
Definition
basic level of due process
Supporting users have an ad free experience!