Term
| Any type of force must be _______________. |
|
Definition
|
|
Term
| The 4th amendment states that every use of force is a ___________. |
|
Definition
|
|
Term
| What test did Graham v. Connor establish? |
|
Definition
|
|
Term
| What was the basis of Graham v. Connor? |
|
Definition
| To establish reasonableness of force |
|
|
Term
| What was the basis of Garner v. Tennessee? |
|
Definition
| To balance an individual's rights versus public safety in cases of force |
|
|
Term
|
Definition
| the set of informal values which characterize the police force as a district community with a common identity. |
|
|
Term
|
Definition
| the abuse of police authority for personal or organizational gain |
|
|
Term
|
Definition
| NYPD officer who agreed to testify only if he could protect his partners, but was eventually forced to testify against all of them |
|
|
Term
| 4 types of police corruption |
|
Definition
| gratuities, graft, sexual harassment, excessive force |
|
|
Term
|
Definition
| items of value received by an individual because of his or her role or position, rather than because of a personal relationship with the giver |
|
|
Term
|
Definition
| the exploitation of one's role by accepting bribes or protection money |
|
|
Term
|
Definition
| when use of force exceeds that which is necessary to accomplish their lawful purpose |
|
|
Term
|
Definition
| when an officer bends the rules to attain the "right" result |
|
|
Term
|
Definition
| the practice of officers to not come forward when they are aware of the ethical transgressions of other officers |
|
|
Term
| what do 1983 lawsuits ensure? |
|
Definition
| Due process of law so that no one is deprived of their civil rights |
|
|
Term
| 3 main impacts of corruption |
|
Definition
1) credibility decreases 2) public fear/distrust 3) civil/criminal lawsuits |
|
|
Term
|
Definition
| the division in a police department that investigates officers who are guilty of wrong-doing |
|
|
Term
| what happens when there is department-wide corruption? |
|
Definition
| the FBI steps in and investigates |
|
|
Term
|
Definition
| reviews the actions of police in areas such as arrests, search and seizure, etc. to ensure constitutionality |
|
|
Term
|
Definition
| the early commission created to investigate allegations of widespread corruption of the NYPD |
|
|
Term
| which commission replaced the Knapp commission? |
|
Definition
|
|
Term
| What are the police training standards in MN? |
|
Definition
| Minnesota Peace Officer's Standards and Training Licensing Board |
|
|
Term
| police working personality |
|
Definition
| the way police look at the world; their behavior while they carry out their missions, strategies, the law. |
|
|
Term
|
Definition
| the federal agency charged with investigations for the Attorney General and with safeguarding national security |
|
|
Term
|
Definition
| amount of force that could cause death or serious bodily injury |
|
|
Term
|
Definition
| a civil suit brought under title 42, section 1983 of the US code against anyone who denies others their constitutional right to life, liberty, or property without due process of law |
|
|
Term
| City of Canton, OH v. Harris |
|
Definition
| Harris was arrested and not given the proper medical treatment--blamed on "failure to train" liability |
|
|
Term
| the Federal Law Enforcement Training Center is located where? |
|
Definition
|
|
Term
|
Definition
| a citizen with a cell phone camera has the 1st amendment right to record police actions in public places |
|
|
Term
|
Definition
| increasing formalization of police work and the accompanying rise in public acceptance of the police |
|
|
Term
|
Definition
| allegations that police search and seizures, traffic stops, field interrogations, and arrests are based on non behavioral factors related to race or ethnicity rather than suspicious behavior or probable cause |
|
|
Term
|
Definition
| grants broad immunity to federal government agencies engaged in discretionary activities |
|
|
Term
|
Definition
| gaining or developing information related to threats of terrorism or crime and using this information to apprehend offenders, harden targets, and use strategies that will eliminate or mitigate the threat |
|
|
Term
| 5 basic elements of the Federal Deadly Force Policy |
|
Definition
| defense of life, verbal warnings, vehicles, fleeing suspect, warning shots |
|
|
Term
|
Definition
| allows the plaintiff to recover damages from the defendant |
|
|
Term
|
Definition
| designed to disable, capture, or immobilize, but not kill |
|
|
Term
| Board of County Commissioners of Bryan County OK v. Brown |
|
Definition
| Supreme court ruled that in order to establish liability, plaintiffs must show that municipal action was deliberately indifferent |
|
|
Term
|
Definition
| active seeking of illicit money-making opportunities by officers |
|
|
Term
| intelligence-led policing |
|
Definition
| collection and analysis of info to produce an intelligence end product |
|
|
Term
|
Definition
| assessments of trends or developments of near or long-term importance to the US |
|
|
Term
|
Definition
| warrantless arrest--law enforcement officials who reasonably, but mistakenly misuse probable cause are entitled to immunity |
|
|
Term
|
Definition
| the use of physical restraint by a police officer when dealing with a member of the public |
|
|
Term
|
Definition
| officers who accept payoffs that police work brings their way |
|
|
Term
|
Definition
| the information compiled, analyzed, and disseminated in an effort to anticipate, prevent, or monitor criminal activity |
|
|
Term
|
Definition
| the special responsibility to adhere to moral duty and obligation that is inherent in police work |
|
|
Term
|
Definition
| the application of an amount of force greater than that required to compel compliance from a willing or unwilling subject |
|
|
Term
|
Definition
| acts of corruption that occur to further the organizational goals of law enforcement |
|
|
Term
|
Definition
| supreme court case that specified the conditions under which deadly force could be used to apprehend a suspected felon |
|
|
Term
| what is the hierarchy of the federal court system? |
|
Definition
1) district courts 2) court of appeals 3) supreme court |
|
|
Term
| what is the hierarchy of state courts? |
|
Definition
1) trial courts of limited/general jurisdiction 2) appellate courts 3) state supreme court |
|
|
Term
|
Definition
| geographical area that uses the same set of laws |
|
|
Term
|
Definition
| courts in which lawsuits begin, trials take place, and evidence is presented |
|
|
Term
|
Definition
| the lawful authority of a court to review a decision made by a lower court |
|
|
Term
|
Definition
| judges who support federal district judges by hearing and deciding minor cases at the district court level |
|
|
Term
|
Definition
| formal written accusation submitted to a court by a prosecutor, alleging that a specified person has committed an offense |
|
|
Term
|
Definition
| rules that govern practice and proceedings in a specific state court |
|
|
Term
|
Definition
| a plea of no contest that subjects the defendant to punishment but is not an admission of guilt |
|
|
Term
|
Definition
| held before a bond; defendant intends to avoid prosecution |
|
|
Term
|
Definition
| where criminal cases begin |
|
|
Term
|
Definition
| a proceeding before a judicial officer in which 3 matters must be decided: crime, jurisdiction, reasonable suspicion |
|
|
Term
|
Definition
| authorized to hear only less serious criminal cases |
|
|
Term
|
Definition
| in criminal proceedings, the defendant's formal answer in court to the charge |
|
|
Term
|
Definition
| defendant agrees in writing to appear at future proceedings, but no money is involved |
|
|
Term
|
Definition
| an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence in comparison to the sentence allowable for the charged offense |
|
|
Term
| what are the 4 components of the first appearance? |
|
Definition
1) formal charges 2) advised of rights 3) lawyer?? 4) bail?? |
|
|
Term
|
Definition
| a new trial or retrial at an appellate court in which the entire case is examined as though no trial had occurred |
|
|
Term
|
Definition
| held that congress was justified in providing denial of bail to offenders who represent a danger to the community |
|
|
Term
|
Definition
| a hearing to determine whether there is a direct link between a suspect and a crime |
|
|
Term
|
Definition
| created by the US constitution to settle disputes between states and to have jurisdictions in cases where one of the parties is a state |
|
|
Term
|
Definition
| a document guaranteeing the appearance of a defendant in court involving money/property |
|
|
Term
|
Definition
| charging an individual with a specific crime as determined as probable cause by prosecuting attorney |
|
|
Term
|
Definition
| substitute items of value in place of cash |
|
|
Term
|
Definition
| a request for the supreme court to order up the records from a lower court to review the case |
|
|
Term
|
Definition
| the request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and reverse or modify it |
|
|
Term
|
Definition
| a criminal proceeding at which the court informs the defendant of the charges being brought against them and defendant enters plea |
|
|
Term
|
Definition
| low level courts focused on quality of life crimes and emphasize problem solving rather than punishment |
|
|
Term
|
Definition
| the court authorized by law to hear the final appeal on a matter |
|
|
Term
|
Definition
| a law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community |
|
|
Term
|
Definition
| when an appellate court finds an error in a case |
|
|
Term
|
Definition
| group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial |
|
|
Term
|
Definition
| the power of a court to review actions and decisions made by other agencies of government |
|
|
Term
|
Definition
| the examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant |
|
|
Term
|
Definition
| an elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials |
|
|
Term
|
Definition
|
|
Term
|
Definition
| have a specialized body of knowledge and therefore can draw conclusions based on evidence |
|
|
Term
|
Definition
| the standard of proof in a criminal case that refers to the degree of legal certainty required for a juror to find a criminal defendant guilty |
|
|
Term
| what are the 8 stages of trial chronology? |
|
Definition
1) initiation 2) jury selection 3) opening statements 4) evidence 5) closing arguments 6) judge's charge to the jury 7) jury deliberations 8) verdict |
|
|
Term
|
Definition
| an attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses |
|
|
Term
|
Definition
| an officer of some US courts who usually serves as a messenger or usher, who keeps order at the request of the judge |
|
|
Term
|
Definition
| lawyers appointed from a list of private bar members who accept cases on a court-by-court basis |
|
|
Term
|
Definition
| a licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent them before a court of law |
|
|
Term
|
Definition
| challenge juror without reason |
|
|
Term
|
Definition
| individuals whose testimony is limited to the facts as personally observed |
|
|
Term
|
Definition
| trial may be moved to another location if publicity makes an impartial jury difficult to secure |
|
|
Term
|
Definition
| evidence that requires interpretation or the judge/jury to reach a conclusion based on what the evidence indicates |
|
|
Term
|
Definition
| an attorney employed by the government to represent indigent defendants |
|
|
Term
|
Definition
| intentional making of a false statement as part of the testimony by a sworn witness |
|
|
Term
|
Definition
| establishes proof of a fact without any other evidence |
|
|
Term
|
Definition
| testimony that was not directly given by the author cannot be used in a trial |
|
|
Term
|
Definition
| the final presentation of arguments to the jury |
|
|
Term
|
Definition
| an oral or written request made to the court at any time, asking the court to make a specified finding, decision, or order |
|
|
Term
|
Definition
| evidence that proves the defendant is innocent |
|
|
Term
|
Definition
| a unanimous decision of the jury-- guilty, not guilty, hung jury |
|
|
Term
|
Definition
| the answers someone gives under oath |
|
|
Term
|
Definition
| the lawful authority of a court to review a decision made by a lower court |
|
|
Term
|
Definition
| the judge decides the punishment |
|
|
Term
|
Definition
| focus on individual-- revenge |
|
|
Term
|
Definition
| notion that criminal offenders deserve the punishment they receive and that punishments should be appropriate to the type and severity of the crime committed |
|
|
Term
|
Definition
| used to reduce the likelihood that a particular offender will commit more crimes |
|
|
Term
|
Definition
| factors that tend to lessen the seriousness of an offense |
|
|
Term
|
Definition
| the use of court-ordered community service, home detention, etc. in lieu of other more traditional sanctions, like prison or fines |
|
|
Term
|
Definition
| number of years deducted due to participation in special programs and projects |
|
|
Term
| aggravating circumstances |
|
Definition
| circumstances attending a crime that increase its guilt or enormity |
|
|
Term
|
Definition
| severely punishing an offender so that they will serve as an example to others |
|
|
Term
|
Definition
| criminal offense punishable by death |
|
|
Term
|
Definition
| a model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines |
|
|
Term
|
Definition
| the severity of punishment should take into account the offenders prior criminal behavior |
|
|
Term
|
Definition
| similar crimes need similar punishments |
|
|
Term
|
Definition
| the attempt to reform a criminal offender |
|
|
Term
|
Definition
| sentencing in which a specified minimum number of years of imprisonment is specified for particular crimes |
|
|
Term
|
Definition
| a reduction of a prison sentence for good behavior |
|
|
Term
|
Definition
| the appropriate sentence for an offender convicted of a specific charge is presumed to fall within a range of sentences authorized by sentencing guidelines |
|
|
Term
|
Definition
| a close correspondence between the sentence imposed on an offender and the time actually served in prison |
|
|
Term
|
Definition
|
|
Term
|
Definition
| on following after the other |
|
|
Term
|
Definition
| attempt to make the victim whole again |
|
|
Term
|
Definition
| a sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed |
|
|
Term
|
Definition
| requires that a convicted offender be sentenced to a fixed term that may be reduced by gain or good time |
|
|
Term
|
Definition
| the offender is deterred from committing another crime |
|
|
Term
|
Definition
| prevent unjust arrests and imprisonments |
|
|
Term
|
Definition
| a procedure where a juvenile is removed from the justice process and provided with treatment services |
|
|
Term
|
Definition
| encourages rehabilitation through the use of general and relatively unspecific sentences |
|
|
Term
|
Definition
| victims or those affected by the crime are allowed to read a statement about how the crime has affected them at a sentencing hearing |
|
|
Term
|
Definition
| the use of a variety of officially ordered program-based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence |
|
|
Term
|
Definition
| when the court releases a person to live in the community with certain rules |
|
|
Term
|
Definition
| the early release of a prisoner from imprisonment, subject to conditions |
|
|
Term
|
Definition
| the process of an inmate leaving prison and returning to the community |
|
|
Term
| what is the most common form of criminal sentencing? |
|
Definition
|
|
Term
|
Definition
| person goes to prison for short period of time and is then released on probation so they get a taste of prison life |
|
|
Term
|
Definition
|
|
Term
|
Definition
| parole decided by parole board |
|
|
Term
|
Definition
| a sentence that requires a convicted offender to serve weekends in a confinement facility, while undergoing probation supervision in the community |
|
|
Term
|
Definition
| a sentence explicitly requiring the offender to serve a period of confinement in a local, state, or federal facility, followed by a period of probation |
|
|
Term
|
Definition
| the use of split sentencing, shock probation/parole, or mixed sentencing |
|
|
Term
| intensive probation supervision |
|
Definition
| the strictest form of probation for adults in the US |
|
|
Term
|
Definition
| a youth at or below the upper age of juvenile court jurisdiction in a particular state |
|
|
Term
|
Definition
|
|
Term
|
Definition
| a minor who has committed an act that would be a crime if committed by an adult |
|
|
Term
|
Definition
| the process in which a juvenile court determines whether the allegations in a petition are supported by evidence |
|
|
Term
|
Definition
| 1st step in the decision if a juvenile has broken the law and if a case should be opened in the juvenile court |
|
|
Term
|
Definition
| juveniles require due process rights |
|
|
Term
|
Definition
| a child who has no parents to care for him or her |
|
|
Term
|
Definition
| first decision to extend due process to children in juvenile courts |
|
|
Term
|
Definition
| document filed in juvenile court alleging that a juvenile is a delinquent, a status offender, and asking the court to assume jurisdiction or to have them transferred to adult court |
|
|
Term
|
Definition
| violations of the law that pertain to minors but not adults |
|
|
Term
|
Definition
| a child that doesn't receive proper physical or psychological care from parents |
|
|
Term
|
Definition
| the size of the correctional population an institution can effectively hold |
|
|
Term
|
Definition
| the size of the inmate population a facility can handle according to the judgement of experts |
|
|
Term
|
Definition
| maximum rate of output for which the facility was originally constructed |
|
|
Term
|
Definition
| the number of inmates the prison can actually support |
|
|
Term
|
Definition
| administrative maximum - highest security prison |
|
|
Term
|
Definition
| a facility that holds convicted offenders pending trial |
|
|
Term
|
Definition
| court case that ruled that overcrowding by itself is not cruel and unusual punishment |
|
|
Term
| which jurisdictions have the largest prison populations? |
|
Definition
|
|
Term
|
Definition
| a system used by prison administrators to assign inmates to custody levels based on offense history, assessed danger, etc. |
|
|
Term
| collective incapacitation |
|
Definition
| a strategy that would imprison almost all serious offenders in states that rely on predetermined or fixed sentences for given offenses |
|
|
Term
|
Definition
| identify the most dangerous criminals with the goal of removing them from society |
|
|
Term
| Federal Bureau of Prisons (BOP) |
|
Definition
| an agency within the US department of justice charged with housing and managing federal law offenders |
|
|
Term
| trial courts operate under the __________ process. |
|
Definition
|
|
Term
| the US supreme court has ______ justices |
|
Definition
|
|
Term
| what is another name for lower courts? |
|
Definition
| courts of limited jurisdiction |
|
|
Term
| US district courts are also known as: |
|
Definition
|
|
Term
| the ______ is the process where the prosecutor and the defense attorneys question potential jurors |
|
Definition
|
|
Term
| which courtroom professional wields the most power? |
|
Definition
|
|
Term
|
Definition
| evidence that consists of physical material |
|
|
Term
|
Definition
| evidence that if believed directly proves a fact |
|
|
Term
|
Definition
| a written order issued by a judicial officer or grand jury requiring an individual to appear in court and give testimony or bring material to be used as evidence |
|
|
Term
| in re fault doesn't afford which right to juveniles? |
|
Definition
|
|
Term
|
Definition
| determined that a mandatory sentence of life imprisonment without possibility of parole for juveniles who commit murder violates the 8th amendment |
|
|
Term
| which state established the first juvenile court? |
|
Definition
|
|
Term
| which state first made a distinction between adult and juvenile court? |
|
Definition
|
|
Term
|
Definition
| physical, emotional, sexual |
|
|
Term
| T/f: an officer is required to get parental consent before questioning a juvenile |
|
Definition
|
|
Term
| The horizontal axis of MN's sentencing guidelines grid represents: |
|
Definition
| the offender's criminal history score |
|
|
Term
| The vertical axis of MN's sentencing guidelines grid represents: |
|
Definition
| the severity of the offense |
|
|
Term
| Georgia was the first state to implement this form of corrections: |
|
Definition
| intensive probation supervision |
|
|
Term
| community service programs began in: |
|
Definition
|
|
Term
| Probation or parole work consists primarily of _____ functions |
|
Definition
|
|
Term
| 2 types of aggravating circumstances |
|
Definition
| weapon use, prior criminal history |
|
|
Term
| Probation is a _________ strategy |
|
Definition
|
|
Term
| Parole is a ___________ strategy |
|
Definition
|
|
Term
| state with the lowest imprisonment rate |
|
Definition
|
|