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Flashcards in Final Deck (60)
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1
Q

Who created the crime control/due process model?

A

-Herbert Packer (1968) renowned sociologist

2
Q

The crime control principle

A

The aim here is to ensure that suspects are processed as quickly and efficiently as possible

  • Advocates of this approach distinguish between the innocent and guiltily at the pre-charge stage
  • once a suspect is charged they can be processed on the basis of an informal presumption of guilt
  • Guilty pleas are preferred over lengthy legalistic procedures
  • Extensive police powers
  • Limited rights for suspects
  • emphasis on pre-trial processes seen as vital to To the effective functioning of the system
  • Suppression of crime is the overriding aim of the criminal justice system
  • Cases need to be disposed of quickly and efficiently even if this means ignoring suspects rights
  • emphases is on Pre-trial processes and encourages guilty pleasure
  • Authority of the criminal justice system derives from the legislature
  • The danger lies in the extent to which this favoring of crime control undermines the rule of law and thus potentially the legitimacy of law enforcement and the criminal justice system in society;(Skolnick 1994)
3
Q

What is reasonable suspicion?

A

Evidentiary standard of a lesser degree than probable cause, necessary for frisked in which facts lend an officer to reasonably believe that a person is carrying weapons

4
Q

What is probable cause?

A

Evidentiary standard necessary for arrests and searches in which facts of a case lead a reasonable person to believe that an offense was committed and that the suspect committed that offense

5
Q

Fruit of the poisonous tree

A
  • this was establish in Wong Sun v United States

- any later evidence resulting from illegal search and seizure will be inadmissable under the excusionary ruke

6
Q

The good faith exception

A
  • Establishes that if officers believe in good faith that their actions are authorized by warrants that turn out to be defective the evidence should still be admissible
7
Q

Inevitable discovery

A

Evidence obtained illegally can be admitted if the police legally found it anyway

8
Q

The broken window theory

A
  • Suggests that for policing to have a lasting effect on serious crime in a neighborhood lower level quality of life need to be addressed to restore a sense of community in an area
    Henry Fielding
    —was a London magistrate was giving permission to found a group of Organized law enforcement agency this was known as the bow Street runners these men were given a task of apprehending criminals and recovering stolen goods within London
9
Q

Bow Street Runners

A
  • Under the guidance of Henry Fielding the bow street runners were a predecessor of the professional the police detective functions, charged with investigating larcenies and returning stolen property in a very high crime district of the nineteenth century London
10
Q

Broken Window

A
  • The recognition that even low level misdemeanors or quality of life offenses can breed of foster more serious crimes in a community through their ability to attract more criminally minded individuals and drive out more law abiding residents and businesses
11
Q

August Vollmer

A

Known as the father of police professionals

12
Q

O.W Wilson

A

studying police patrols and showed that they’re just as efficient and effects two person cars

13
Q

James Q. Wilson (1978)

A

To re-examine existing ideas about the police function to develop new theories about how police organizations work

14
Q

The watchman style

A

-Focuses in policing as order maintenance few policies and procedures and individual approaches to problems

15
Q

The Political Era

A

The political era, which is generally associated with a time prior to the 20th century, refers to a period when the police was under the control of politicians through spoils systems

16
Q

The reform era

A

The professional/reform era makes references to a period in which the police addressed the issue of crime using technological tools, such as sophisticated emergency response systems.

17
Q

Community era

A

community problems were not perceived to be a part of the police’s responsibilities during this period. The third era, the era of community policing, aimed to address crime as well as other community problems that may …

18
Q

styles of polcing

A

The most widely cited study on police departmental styles was conducted by James Q. Wilson (1968). He found three distinct departmental styles: watchman, legalistic, and service.

19
Q

The watchman style

A

is based mostly on order maintenance. With this style, police officers judge the seriousness of violations by examining the immediate and personal consequences of the offense rather than the legal status of the offense. A watchman style department focuses its law enforcement activities on keeping the peace in the community. A police officer in a watchman department typically has the most discretion.

20
Q

The legalistic style

A

, legalistic style departments have one standard: strict enforcement of the law. This type of department produces large numbers of arrests and traffic citations. Most calls for service are resolved in a formal manner in which an arrest or a formal complaint is made.

21
Q

The service style

A

the service style department, prioritizes all requests for assistance without differentiating between order maintenance or law enforcement functions. Police officers in these departments are not likely to make an arrest unless the situation renders it absolutely necessary.

22
Q

Larceny Act Jamaica Part 1 (3)(i)

A

a person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away any- thing capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof:

23
Q

Larceny Act Jamaica Part 1 (6)(i)

A

Every person who steals any cattle shall be guilty of felony, and on conviction thereof liable to imprisonment with hard labour for any term not exceeding seven years.

24
Q

What is praedial larcent

A

theft of growing crops

25
Q

What is burgulary

A

Legal Definition Burglary is the criminal offense of breaking and entering any dwelling or building illegally with the intent to commit a felony or crime. Under common law in order to constitute the offense the illegal entry should be into the dwelling of another at night

26
Q

What is house breakin

A

The act of using physical force to gain access to, and entering, a house with an intent to commit a felony inside.In most states, housebreaking that occurs at night constitutes the crime of Burglary. Some statutes expand the definition of housebreaking to include breaking out of a house after entry has been achieved without the use of physical force

27
Q

Rape legal definition

A

A man commits the offence of rape if he has sexual intercourse with a woman– (a) without the woman’s consent; and (b) knowing that the woman does not consent to sexual intercourse or recklessly not caring whether the woman consents or not.

28
Q

What is the first amendement

A

-freedom of press,religion, speech

29
Q

What is the second amendment

A
  • Right to bear arms
30
Q

What is the fourth amendement

A

-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

31
Q

Amendment 5

A

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

32
Q

Amendment 6

A

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

33
Q

What are the elements of crime

A
  1. Mens Rea
  2. Actus Rea
  3. Causation
  4. Concurrence
  5. Corpus Delecti
34
Q

Corpus Delecti

A

Substance of a crime that the prosecutor must prove and that consists of an injury or loss (as death of a victim or disappearance of property) and the criminal act

35
Q

Preponderance of the evidence

A

the greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

36
Q

Plain view doctrine

A

if a crime is committed within the presence of an officer he may arrest them without a warrant

37
Q

The code of hammurambi

A

2200 BC made law enforcement more consistent and gave punishments for crime

38
Q

Who created vigils

A

Emporer Augustus

39
Q

Henry Fielding

A

created bow street runners (1784)

40
Q

Sir Rober Peel

A

London Metropolitan Force (1829)

41
Q

Wickersham commission

A

Handles rise of crime in the 1920s

42
Q

J. Edgar Hoover

A

created the FBI

43
Q

What are the four basic elements of the social bonding theory

A
human nature has 4 basic eleemenrs
Attatchment
Comitment
involvemennt
conventional

versus
belief and common value system

44
Q

What year was the act to form the permanent force formed

A

1832

45
Q

The earliest record of the officer of the constable in JAmaica was found

A

1671

46
Q

The JCF was organized in what year

A

1867

47
Q

In what year was the efficiency of the organized force put to the test

A

1938

48
Q

Morant bay rebellion YEAR

A

1865

49
Q

civil judicial summons YEAR

A

1716

50
Q

women police YEAR

A

1947

51
Q

Henry frielding appointed magistrate in

A

1748

52
Q

inspectors took instructions people being paid from government public fund

A

1856

53
Q

members from dominions were imported to establish the force

A

1671

54
Q

Unity of command

A

every employee reports to an immediate supervisor

55
Q

placed in charge of shired

A

shire reeve

56
Q

military to protect Emporer Augustus

A

praetorian guard

57
Q

The beat system

A

created by Robert peel officers were assigned relatively small posts

58
Q

A form of community self-protection developed by king Alfred

A

mutual pledge

59
Q

Police were nicknamed

A

bobbies and peelers after Robert peel

60
Q

Arraignment

A

the offender is brought in front of the judge and formal charges are read