Crim101-final study guide PDF

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Social Control and Crime ○ Control Theory states that social control is easier to achieve and maintain if social bonds are stronger. Control theorists believe that what causes deviance is the absence of what causes conformity. ... Close attachments to others and to society prevent individuals from committing a crime, and being deviant in general ○ Nature of Crime ■ Crime: Violation of the rules resulting in harm ■ Crimes against Person ● Rape, assault ■ Crimes against Property ● Vandalism ■ Crimes against Public Order ● Terrorist group planning to bomb a government building ■ ‘Dark Figure’ of Crime: ● The dark figure of crime is a term that is used by crime experts and the sociologists to illustrate the number of committed crimes that are never reported or are never discovered and this puts into doubt the effectiveness and efficiency of the official crimes data. ○ Measurement of Crime ■ Uniform Crime Report (UCR) ■ National Incident Based Crime Reporting System (NIBRS) ■ Difference between UCR and NIBRS: ● NIBRS goes into greater detail than UCR and has 46 Group A offenses while UCR only has 8 Part I offenses. UCR does not differentiate between completed and attempted crimes while NIBRS does. Also, UCR tends to only report the most serious offense reported when multiple crimes are reported in the same period of time, location, and person/group of people. Theories of Crime ○ Classical ■ this theory suggests that people think before they proceed with criminal actions; that when one commits a crime, it is because the individual decided that it was advantageous to commit the crime. The individual commits the crime from his own free will being well aware of the punishment. ■ Beccaria and Bentham ● Deterrence theory ■ Pain vs. Pleasure ○ Biological ■ The biological basis of personality is the theory that personality is influenced by the biology of the brain. Though closely related to personality psychology, the biological basis of personality focuses on why

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or how personality traits manifest through biology, in addition to identifying personality traits. ○ Psychological ■ A theory is a fact-based framework for describing a phenomenon. In psychology, theories are used to provide a model for understanding human thoughts, emotions, and behaviors. A psychological theory has two key components: It must describe a behavior. It must make predictions about future behaviors. ○ Sociological ■ Sociological theories of criminology believe that society influences a person to become a criminal. Examples include the social learning theory, which says that people learn criminal behavior from the people around them, and social conflict theory, which says that class warfare is responsible for crime Criminal Law ○ Common Law ■ Established the concept of precedent ○ CJ System of Last Resort ○ Social Control ■ In sociology, control theory is the view that people refrain from deviant behavior because diverse factors control their impulses to break social norms ○ Other Mechanisms of Social Control ■ Family ■ School ■ Church ■ Media Constitutional Amendments ○ 1st: Freedom of Speech, Religion, Assembly, Press ○ 2nd: Right to Keep and Bear Arms ○ 4th: Search and Seizure, Privacy Doctrine ○ 5th: Self-Incrimination, Double Jeopardy ○ 6th: Speedy Trial, Jury of Peers, Confront Accusers ○ 8th: Cruel and Unusual Punishment ○ 14th: Due Process Law enforcement ○ History and Development ○ ‘Police’ date to the Roman Empire 700 BC ○ Modern English Law Enforcement ■ GIN ● Gin democratized drunkenness and brought all kinds of new problems to London. Public drunkenness and drink-crazed mobs

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often roamed the city, causing a great rise in violent crimes and theft. ■ Sir Robert Peel, Father of Community Policing London Metropolitan Patrol ○ Police Responsibilities ■ Maintain Order ■ Control Crime ■ Serve the Public Issues in Policing ○ ‘Broken Windows’ ■ The broken windows theory is a criminological theory of the norm-setting and signaling effect of urban disorder and vandalism on additional crime and antisocial behavior. ○ Community Policing ■ the system of allocating police officers to particular areas so that they become familiar with the local inhabitants ● Partnership with the community ● Problem Solving ○ Problem Oriented Policing ■ Problem-oriented policing (POP), coined by University of Wisconsin–Madison professor Herman Goldstein, is a policing strategy that involves the identification and analysis of specific crime and disorder problems, in order to develop effective response strategies. ○ Zero Tolerance Policing ■ Zero tolerance policing can be defined as a strict non-discretionary law enforcement approach that is thought to be tough on crime. Under this approach, the police enforce every facet of the law. Court System ○ Roles of the Courts ■ Jurisdiction: Legal Authority ● the official power to make legal decisions and judgments ○ Working in the Courtroom ■ ‘Adversarial Cooperation’ ■ Jury Selection Process ● Jury selection are many methods used to choose the people who will serve on a jury. The jury pool, also known as the venire, is first selected from among the community using a reasonably random method ■ Pretrial Motions ○ Disposition ■ Plea bargaining (Most frequent disposition) ■ Trial (A relatively rare occurrence) ■ Sentencing: Determinate vs. Indeterminate Corrections

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History of Control and Punishment ■ Corporal Punishment prior to prisons ■ Torture, flogging, branding and mutilation ○ Deterrence ■ Specific: Target the individual ■ General: Discourage the masses Contemporary Prison Life ○ Total Institution ○ Pains of Imprisonment ○ Courts ‘Hands Off’ Policy ■ Until the 1960s ○ Prisoners’ Rights ■ Disciplinary Hearing Process ● Woolf vs. McDonnell ● Nebraska Case Community Corrections ○ Probation vs. Parole ■ Authority: Court vs. Corrections ○ Reentry to Society ■ Prisonization ■ Stigmatization ■ Socialization ● Weakened relationships Pending Issues ○ Juvenile Delinquency ■ Parens Patriae- ‘Father of the Country’ ○ Victimless Crimes ■ Drugs, Gambling, and Sex Industry ■ Community Standards Emerging Issues ○ Terrorism ■ ‘War’ metaphor ○ USA Patriot Act Terms ○ Parens Patriae ‘Father of the Country’ ○ Lex Talionis ‘An eye for an eye’ ○ Mens Rea ‘Guilty Mind’ ○ Actus Reas ‘Guilty Deed’ ○ Corpus Delecti ‘Body of the Crime’ ○ Voir Dire ‘To hear, to speak’ ○ Amicus Curiae ‘Friend of the court’ ○ Nolo Contendre ‘I will not contest’ ○ Habeus Corpus ‘You have the body’

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Parole

‘Word of honor’

Questions from Quizzes ● What two types of deterrence are important to the criminal justice system? ○ Specific and general ● A crime is an action by a person or a group that violates the rules of a given society resulting in harm to someone or to society’s interests ○ True ● Which one is not a goal of the criminal justice system? ○ Persecution ● ‘If they are going to treat me like a criminal, then I will act like one.’ This statement illustrates which theory? ○ Labeling theory ● A small percentage of males are born with an extra Y chromosome, which greatly increases their criminal behavior. ○ False ● This theory observes that people of color are overrepresented at every decision point of the criminal justice system. ○ Critical race theory ● The classical school of criminology is embodied primarily in the works of ______ and _______. ○ Beccaria; Bentham ● Who typically suffers the least victimization but expresses the most fear of crime? ○ The elderly ● This annual FBI publication uses data from participating U.S law enforcement agencies to summarize the incidence and rate of reported crime. ○ Uniform Crime Reports ● The National Incident-Based Reporting System only gathers data on the most serious offense in a mult- crime incident. ○ False ● The police are different from the military primarily in discretion, visibility, and authority. ○ True ● _______ set forth that confessions made by suspects who have not been advised of their due process rights cannot be used as evidence. ○ Miranda vs. Arizona ● The ____ measured the effect of police patrols on crime ○ Kansa City Preventive Patrol Experiment ● The fourth amendment protects citizens from: ○ Unreasonable searches and seizures ● Sir Robert peel of the London Metropolitan Police is considered the ‘Father of Modern Policing’. ○ True ● The 14th Amendment adopted in 1868 is also known as:

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○ The ‘Due process’ Amendment What does actus reus mean? ○ Guilty deed Substantive law represents thee “thou shall nots” of the criminal law. ○ True The Code of Hammurabi ○ Is the earliest known written set of laws The principle stating that a person cannot be tried for the same crime twice is called ○ Double jeopardy Which is not an aspect of police response time? ○ Quality time Which case established that police officers may search suspects to ensure their own safety if they think the suspects are armed? ○ Terry v. Ohio In the 1970s, this commission issued a landmark report on police corruption in New York City. ○ The Knapp Commission This element of the policeman’s working personality means officers may consider everyone as a potential attacker. ○ The symbolic assailant Protection under the Fourth Amendment extends to abandoned property ○ False Problem-oriented policing is not really concerned with identifying and addressing the underlying issues that contribute to crime. ○ False SWAT stands for ○ Special weapons and tactics The _______ model balances reactive responses to call for services with proactive problem-solving centered on the causes of crime and disorder. ○ Community Policing The idea behind this law-enforcement philosophy is that a well-kept community is less likely to be disrupted by vandals and criminals ○ Broken Windows Zero-tolerance policing is based on the idea that if every minor infraction of the law is met with punishment, criminals will refrain from committing more serious crimes. ○ True At trial, who is the first to make an opening argument? ○ The prosecution This may be compiled from voter registration records, driver’s license lists, and utility customer lists. ○ Master jury list What is evidence that a defendant was somewhere else during the commission of a crime called?

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○ An alibi Plea bargaining is primarily concerned with determining the guilt or innocence of the accused. ○ False In order to obtain documents and a list of witnesses that the prosecution plans to call, the defense may file a __________. ○ Motion for discovery This court officer is responsible for maintaining order in the courtroom. ○ The bailiff This term describes the process of a judge having practicing members of the bar represent indigent defendants ○ All of the above A judge may release a defendant based on a promise to return to court. What is this called? ○ Release on recognizance There is a high level of cooperation among the members of the courtroom workgroup. ○ True This is when the defense asks for a ruling that the prosecution has failed to present a compelling case. ○ Directed verdict of acquittal Which two clauses of the Fourteenth Amendment particularly apply to inmates’ rights? ○ Due process; equal protection Which of these is NOT one of the five pains of imprisonment ○ Deprivation of food Which of these is NOT one of the ways work was deemed beneficial to the inmate and society? ○ Work builds the inmates’ muscles The military, the prison, and the secure mental health hospitals are examples of this ○ The total institution Until the 1960s courts traditionally had a hands off policy regarding the operations of prisons ○ true...