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Police and Society Final Exam
Police Final
42
Criminal Justice
Undergraduate 4
12/19/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
Difficulty in Controling Police Corruption
Definition
1. The reluctance of police officers to report corrupt activities by their fellow officers (aka "The code", "The code of silence", or "The Blue Curtain")
2. The reluctance of police administrators to acknowledge the existence of corruption in their agencies
3. The benfits of the typical corrupt transaction to the parties involved
4. The lack of immediate victims willing to report corruption
Term
Posttraumatic Stress Disorder
Definition
Occurs after a traumatic event such as rape, combat, a natural disaster, serious threat to the safety of loved ones, or seeing another person maimed or killed. Burnout, last stages of policing- get cynical and fall into the "us vs. them" symbolic assailant mentality, realizing they are not going to make a huge difference in the entire system and that the criminal justice system is not perfect, #1 cause of death is suicide
Term
Police Subculture/Corruption
Definition
A combinations of shared norms, values, career patterns, goals, lifestyles, and occupational structures that differ from the combination held by the rest of society. Created by police because of the feel of social isolation from the rest of society. Characterized by clannishness and secrecy in addition to isolation from those who are not part of the group
Term
Community Oriented Policing
Definition
interacting with people for the better of the community, much more leeway, but once too far out of care-taker side, are now in crime-fighter side, break down wall btwn community and police, moves crime to diff areas, a lot of police don't like it
Term
Problem Oriented Policing
Definition
crime-fighters, scope/focus is on type of intention of crimes and the commitment of crimes and catching criminals, use of social services, addressing problems by using specific services that are offered
Term
Attitude Toward Policing and Demographic Variables Affecting ATP
Definition
Demographics such as age, race, gender, also citizens' personal interactions with the police play a role in how the police are viewed
Term
Working Personality
Definition
- distinctive cognitive tendencies in an occupational grouping, Insight into the occupational environment of police officers can help to provide a more complete understanding of officer behavior and decision-making, high discretion and low-level decision-making typifies the nature of the occupation
Term
Power and Authority Invested in Police (Socially Constructed)
Definition
Inversted by the state (to do just about anything) Goal: to keep society safe and keep the bad guys off the streets, one obstacle: the constitution- because it protects the rights of the citizens from the government being too "intrusive"- invading personal space/privacy *but, the police can invade and be as intrusive as necessary *when the totality of the circumstances are allowed under the law
Term
Exclusionary Rule
Definition
Prohibits the use of illegally obtained evidence in a criminal trial. How evidence is obtained is just as important as the evidence itself.
Term
Reasonableness Standard
Definition
What a person of reasonable caution would believe - RAS (Reasonable Articulable Suspicion) & Probable cause (FIRM belief)- Police have to reasonably be able to articulate thoroughly- need more than just a hunch to believe based on identifiable, specific, and particularized objective fact would cause a person of reasonable caution to suspect a person is violating, has violated, or is about to violate the law
Term
Justifiable Force (5 levels of force)
Definition
1. Constructive- Show authority, voice inflexion- tell someone to do something
2. Physical- Pulling, punching, kicking, grabbing
3. Mechanical- Use of PR24 (night-stick), ASP (retractable baton), etc.
4. Chemical- Mace, tear gas
5. Deadly- Weapons, firearms, etc. *any can be deadly depending on circumstance
Police have no legal obligation to retreat- can overcome force with force to make a lawful arrest- can go one step above whatever is presented to them 165 202-203 196
"Reasonableness" of the officer's use of force : (1) the severity of the crime committed, (2) whether the suspect posed an immediate threat to the safety of the officers or others, and (3) whether the suspect actively resisted arrest or attempted to evade arrest by flight
Term
Broken Windows Theory
Definition
"If someone breaks a window in a building and it is not repaired quickly, others will break more windows, and eventually the broken windows create a sense of disorder"
Term
Compensatory Damages
Definition
Designed to restore or compensate a victim for expenses, time off work, and so on
Term
Punitive Damages
Definition
Considerably more severe, and are designed to impose financial punishment on the defendant
Term
Civil Liability
Definition
When police fail to perform their duties, perform them negligently, or abuse their authority, the possibility of civil liability exists
Term
Vicarious Liability
Definition
The extension of civil liability to supervisors (also known as the doctrine of respondent supervisor)
Term
Ethics
Definition
Required standard of behavior
Term
Blue Wall Of Silence
Definition
Based on secrecy and authority- everyone is a potential problem/challenge to police
Term
Discretion
Definition
A police officer exercises discretion whenever he or she has a choice as to the outcome of the encounter. The discretion process entails three fundamental decisions on the part of the officer:
1. Whether to get involved in the incident
2. The manner in which to become involved in the incident
3. Selecting options to solve the problem
Term
Non-invocation Discretion
Definition
Circumstances where the officer could employ the law but elects not to do so
Term
Invocation Discretion
Definition
Refers to situations where an officer chooses to invoke or use criminal law and thus issue a citation or make an arrest
Term
Causes Of Police Corruption
Definition
Corruption takes place when an officer recieves or is promised significant advantage or reward for any of the following four behaviors:
1. Doing something he/she is under duty to do anyway
2. Doing something he/she is under duty not to do
3. Exercising legitimate discretion for improper reasons
4. Employing illegal means to achieve approved goals
Term
Quality Of Life Laws
Definition
It refers to a practice of heavily policing a number of normally non-criminal
activities such as congregating and/or drinking in public spaces, as well as minor offenses such as graffiti, public
urination, panhandling, littering, and unlicensed street vending in public spaces because, the argument goes, if left
unchecked, they will lead to an explosion of serious crime. When coupled with the “zero tolerance” approach, this type
of policing favors arrests over service and conflict
resolution, or in situations where a warning or citation
would otherwise be issued.
Term
Normative Sponsorship
Definition
Relates to community policing- most people are of good will and will cooperate with others to facilitate the building of consensus
Term
Critical Social Theory
Definition
Focuses on how and why people coalesce to correct and overcome social, economic, and political obstacles that prevent them from having their needs met. Three basic concepts:
1. Enlightenment: People must become educated about circumstances before they can lobby for change
2. Empowerment: People must take action to improve their condition
3. Emancipation: People can acheive liberation through reflection and social action
Term
Historic Actions Regarding Police Corruption
Definition
The Knapp Commission, The Christopher and Kolts Commissions, and The Mollen Commission
Term
Meat Eaters
Definition
Actively seek out corruption opportunities
Term
Grass Eaters
Definition
Simply accept whatever corrupt money comes their way
Term
Social Contract Theory
Definition
- Social contract theory, nearly as old as philosophy itself, is the view that persons’ moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live.
Term
Anecdotal Evidence
Definition
refers to evidence from anecdotes. Because of the small sample, there is a larger chance that it may be true but unreliable due to cherry-picked or otherwise unrepresentative of typical cases
Term
Impossible Mandate
Definition
The police are supposed to operate within the framework of community values and in doing so perpetuate the ideals of a free and democratic society. They are responsible for adapting to changing social needs and expectations, meaning that police must serve many masters: the public, prosecutors, politicians, criminals, victims, judges, and so on.
Term
1st Amendment
Definition
Freedom of speech, press, religion, and petition
Term
2nd Amendment
Definition
Right to keep and bear arms
Term
3rd Amendment
Definition
Conditions for quarters of soldiers
Term
4th Amendment
Definition
Right of search and seizure regulated (against unreasonable search and seizure)
Term
5th Amendment
Definition
Provisions concerning prosecution (*right to due process* protects constitutional rights -read miranda warrants- explain charges against you and if you understand them, etc.) *Double Jeopardy* Can't be tried for the same crime twice- but can can re-try you on a different crime, *Right to self-incrimination- "I plead the fifth"- you do not need to answer any questions or make any statements
Term
6th Amendment
Definition
Right to a speedy trial, witnesses, etc.
Term
8th Amendment
Definition
Excessive bail (shall not be required), excessive fines (shall not be imposed), cruel/unusual punishment (shall not be inflicted)
Term
Bill Of Rights
Definition
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public.
Term
Official Misconduct
Definition
improper and/or illegal acts by a public official which violate his/her duty to follow the law and act on behalf of the public good. Often such conduct is under the guise or "color" of official authority.
Term
Nonfeasance of Duty
Definition
describes inaction that allows or results in harm to a person or to property. An act of nonfeasance can result in liability if (1) the actor owed a duty of care toward the injured person, (2) the actor failed to act on that duty, and (3) the failure to act resulted in injury.
Term
Image vs. Reality
Definition
What people think of the police vs. what the police actually are and what they do for society
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