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Final Exam - Flashcards

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Class:CJ 110 - Intro to Criminal Justice
Subject:Criminal Justice
University:Michigan State University
Term:Fall 2009
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two justice systems FEDERAL handles violation of federal law STATE violations of state law
community model reintegrate the offender into the community; help them by becoming invested in community through jobs, activities. imprisonment avoided
Female institutions overcrowded, small, MIN security, similar to college dorms, lack treatment programs
crime control model model of CJ that assumes that every effort must be made to reduce crime characterized by---efficency, speed, uniformity, informality and finality
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Justice quality of being fair and responsible. administration of the law or authority is maintaining justice
conflict theory life is made up of have and have nots conflict leads to frustration--which leads to more conflict
enlightenment new ideas changing the old individual vs. government marked by an effort to change from corporal punishment to types of punishment that were more fitted to the offender "different truths"
criminal person who has committed a crime
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crime act of omission that constitutes an offense that may be prosecuted by the stat and is punishable by law
occupational crime committed in the context of a legal business or profession costs greater than those of visible crime
visible crime offenses against persons and property; most upsetting to the public
strain theory FIVE methods of adapting conform--accept goals innovate--accept goals, new way to get them ritualism--don't accept goals, seek lower goals retreatism--don't accept goals and achieving them rebellion--reject goals and find like-minded people
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penitentiary institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent and reform
mala in se crimes considered wrong in themselves IE: rape, robbery, murder
mala prohibita crimes only because we say they are crimes IE: drug use, gambling
ADULT vs CHILD proceedings ADULT-punishment philosophy; court relinquishes role of sanctions; handles crime CHILD-emphasis on correction; involved in planning; court oversees use of sanctions
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parole conditional release from incarceration while remaining in state custody according to specific conditions
conditional release introduces flexibility and discretion -home supervision, halfway houses, emergency release, etc.
searches with warrant reasonableness depends on; reasonable cause, supported by an oath stating as specific place to be searched describing item/person to be searched
bootcamps short term institutional sentence, followed by probation emphasis on physical regimen aim is discipline and respect for authority
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furloughs authorized leaves from confinement for specified time periods and for specific purposes reasons may be academic, vocational, family emergency
custodial incarceration model assumes that prisoners have been incarcerated for the purpose of incapacitation, deterrence, or retribution. emphasis security, discipline and order: ALL STRICT
revocation of parole result of new crimes or failure to follow rules parolee has right to be notified of charges, informed of charges, be heard, and to be present and confront witness
pardon forgiveness of the offense granted by governor or president given to... remove stigma of conviction advanced or terminal illness acts of rehabilitation
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political crime criminal acts by the government or against the government that are usually done for ideological purposes IE: treason
rehabilitation incarceration model emphasizes treatment programs designed to reform the offender professional treatment specialists have a higher status than employees
working personality a set of emotional and behavioral characteristics developed by a member of an occupational group in response to the work situation and environmental influences
warrantless searches special needs beyond normal purposes of law enforcement stop and frisk on the streets search incident to a lawful event consent
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corruption dishonest or fraudulent conduct by those in power--usually involving bribery
intensive supervision probation for offenders who need greater restrictions quality of contacts is important smaller caseloads presents a tough image of community supervision and addresses prison overcrowding
adjudication trial stage of juvenile justice process fact finding stage occurs by contested trial and admission of the offense
"broken windows model" neighborhood disorder creates fear neighborhoods give our crime-promoting signals concentrate on public order offenses
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Metropolitan Police Act (MPA) 1829 MPA passed in parliament creates first police force over 1000 men prevent without repressive force maintain public order by nonviolent menas reduce conflicts between public and police
Biological Criminological Theories throwback to early stages or human evolution that poorly adjusts to modern society find qualities in people--treat or cure them
law of corrections prisoners entitles to protection of civil rights activists extended the rights of freedom of speech and the right to practice religion life in the institution violates 8th amendment
adult probation executive branch sentence is suspended and they have a contract; also community service. this may be revoked because of poor behavior
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Classical theory life is made of choices; rational weight costs and benefits fear of punishment; CJS predictable
Pennsylvania prison system model separate confinement no communications of any kind solitary labor, bible reading and reflection all activities conducted in cells
restitution repay victim for loss and seeks to repair the harm done may be ordered by the court
parens patriae philosophic basis for juvenile courts, state was to act on behalf of parent
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pre-juvenile court era 1600-1898 family was primary means of enforcing laws; influence of the church serious crimes punished as adults
juvenile court era 1899-1980 childsavers new ideas of looking at kids --influence of biology, society, environment and mental capacity
disparity difference between groups that can be explained by legitimate factors
psychological theories people with mental conditions, personality disturbances and/or limited intellect receive treatment NOT punishment
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municipal police general law enforcement employ majority of personnel decentralized and fragmented
Illinois juvenile court act of 1899 established first comprehensive system of juvenile justice major elements: separate court for delinquents separation of children from adult programs of probation to assist the courts in deciding what is best for child judge act as "kindly parent"
hate crime violent act aimed at individuals or groups or a particular...race, ethnicity, religion, sex, etc
liberal viewpoints argue that stronger criminal measures endanger the value of due process and justice. Solutions lie in reshaping offenders lives and changing social and economic conditions from which criminal behavior comes
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conservative viewpoints believe that solutions will come from stricter enforcement of the law. sanctions through punishment and following rules
status theory search for status will propel our behavior
life course theories offenders have criminal careers that begin with pathways into youth crime, but can change through turning points in life
victimless crimes offenses involving a willing and private exchange of illegal goods or services that are in strong demand IE prostitution
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social conflict theories assume that law and CJS are designed to control the poor law is aimed at behavior of certain groups and people. definition of crime is changed to trap those who challenge the system
juvenile justice process thoughts that: interests of the child are primary proceedings should be conducted in non-adversal environment
Kent vs. US juveniles have right to counsel at a hearing at which a juvenile judge may waive
in re gualt due process right of representation and confront witnesses punishment by any other name is punishment
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crime control era 1980-present based upon perception of the "super-predator" more conservative public attitudes and prices
organized crime framework for the perpetuation of criminal acts providing illegal services that are in great demand
diversion any act that avoids the formal processing of a juvenile through court system formal--permanent record informal--confidential
disposition if juvenile found delinquent, dispositional hearing is held to decide action judge receives predisposition report prior to hearing
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crime control model rejection of concepts such as indeterminate sentences treatment programs discretionary release on parole
criminal justice system a series of actions or steps taken in order to achieve a particular end
MAX security prisons cells/blocks/wings standard uniform and dresscode everything based on security
MIN security prisons no armed guards or walls most trustworthy/least violent offenders dormitory style housing
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the new york model congregate system prisons were held in isolation at night, but worked with other prisoners in shops during the day rule of silence=key to discipline
MED security prisons similar appearance to max security security and privileges split the difference treatment effort is higher
reformatory movement 1) inmates can change 2) reformation is rewarded by release (parole) 3) indeterminate sentencing 4) emphasis on training
due process model a model of the CJS that assumes freedom is so important that every effort must be made to ensure the decisions are fair and reliable, based on law and formal proceedings
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 two justice systemsFEDERAL
handles violation of federal law


STATE
violations of state law
 community modelreintegrate the offender into the community; help them by becoming invested in community through jobs, activities.

imprisonment avoided
 Female institutionsovercrowded, small, MIN security, similar to college dorms, lack treatment programs
 crime control modelmodel of CJ that assumes that every effort must be made to reduce crime

characterized by---efficency, speed, uniformity, informality and finality
 Justicequality of being fair and responsible.
administration of the law or authority is maintaining justice
 conflict theorylife is made up of have and have nots

conflict leads to frustration--which leads to more conflict
 enlightenmentnew ideas changing the old
individual vs. government

marked by an effort to change from corporal punishment to types of punishment that were more fitted to the offender
"different truths"
 criminalperson who has committed a crime
 crimeact of omission that constitutes an offense that may be prosecuted by the stat and is punishable by law
 occupational crimecommitted in the context of a legal business or profession

costs greater than those of visible crime
 visible crimeoffenses against persons and property; most upsetting to the public
 strain theoryFIVE methods of adapting

conform--accept goals
innovate--accept goals, new way to get them
ritualism--don't accept goals, seek lower goals
retreatism--don't accept goals and achieving them
rebellion--reject goals and find like-minded people
 penitentiaryinstitution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent and reform
 mala in secrimes considered wrong in themselves
IE: rape, robbery, murder
 mala prohibitacrimes only because we say they are crimes
IE: drug use, gambling
 ADULT vs CHILD proceedingsADULT-punishment philosophy; court relinquishes role of sanctions; handles crime

CHILD-emphasis on correction; involved in planning; court oversees use of sanctions
 paroleconditional release from incarceration while remaining in state custody according to specific conditions
 conditional releaseintroduces flexibility and discretion
-home supervision, halfway houses, emergency release, etc.
 searches with warrantreasonableness depends on;
reasonable cause, supported by an oath
stating as specific place to be searched
describing item/person to be searched
 bootcampsshort term institutional sentence, followed by probation

emphasis on physical regimen
aim is discipline and respect for authority
 furloughsauthorized leaves from confinement for specified time periods and for specific purposes

reasons may be academic, vocational, family emergency
 custodial incarceration modelassumes that prisoners have been incarcerated for the purpose of incapacitation, deterrence, or retribution.

emphasis security, discipline and order: ALL STRICT
 revocation of paroleresult of new crimes or failure to follow rules

parolee has right to be notified of charges, informed of charges, be heard, and to be present and confront witness
 pardonforgiveness of the offense
granted by governor or president

given to...
remove stigma of conviction
advanced or terminal illness
acts of rehabilitation
 political crimecriminal acts by the government or against the government that are usually done for ideological purposes

IE: treason
 rehabilitation incarceration modelemphasizes treatment programs designed to reform the offender

professional treatment specialists have a higher status than employees
 working personalitya set of emotional and behavioral characteristics developed by a member of an occupational group in response to the work situation and environmental influences
 warrantless searchesspecial needs beyond normal purposes of law enforcement
stop and frisk on the streets
search incident to a lawful event
consent
 corruptiondishonest or fraudulent conduct by those in power--usually involving bribery
 intensive supervision probationfor offenders who need greater restrictions quality of contacts is important

smaller caseloads
presents a tough image of community supervision and addresses prison overcrowding
 adjudicationtrial stage of juvenile justice process

fact finding stage occurs by contested trial and admission of the offense
 "broken windows model"neighborhood disorder creates fear
neighborhoods give our crime-promoting signals
concentrate on public order offenses
 Metropolitan Police Act (MPA)1829 MPA passed in parliament
creates first police force over 1000 men

prevent without repressive force
maintain public order by nonviolent menas
reduce conflicts between public and police
 Biological Criminological Theoriesthrowback to early stages or human evolution that poorly adjusts to modern society

find qualities in people--treat or cure them
 law of correctionsprisoners entitles to protection of civil rights activists
extended the rights of freedom of speech and the right to practice religion

life in the institution violates 8th amendment
 adult probationexecutive branch
sentence is suspended and they have a contract; also community service. this may be revoked because of poor behavior
 Classical theorylife is made of choices; rational
weight costs and benefits
fear of punishment; CJS predictable
 Pennsylvania prison system modelseparate confinement
no communications of any kind
solitary labor, bible reading and reflection
all activities conducted in cells
 restitutionrepay victim for loss and seeks to repair the harm done
may be ordered by the court
 parens patriaephilosophic basis for juvenile courts, state was to act on behalf of parent
 pre-juvenile court era1600-1898

family was primary means of enforcing laws; influence of the church
serious crimes punished as adults
 juvenile court era1899-1980

childsavers
new ideas of looking at kids
--influence of biology, society, environment and mental capacity
 disparitydifference between groups that can be explained by legitimate factors
 psychological theoriespeople with mental conditions, personality disturbances and/or limited intellect

receive treatment NOT punishment
 municipal policegeneral law enforcement
employ majority of personnel
decentralized and fragmented
 Illinois juvenile court act of 1899established first comprehensive system of juvenile justice

major elements: separate court for delinquents
separation of children from adult
programs of probation to assist the courts in deciding what is best for child
judge act as "kindly parent"
 hate crimeviolent act aimed at individuals or groups or a particular...race, ethnicity, religion, sex, etc
 liberal viewpointsargue that stronger criminal measures endanger the value of due process and justice. Solutions lie in reshaping offenders lives and changing social and economic conditions from which criminal behavior comes
 conservative viewpointsbelieve that solutions will come from stricter enforcement of the law. sanctions through punishment and following rules
 status theorysearch for status will propel our behavior
 life course theoriesoffenders have criminal careers that begin with pathways into youth crime, but can change through turning points in life
 victimless crimesoffenses involving a willing and private exchange of illegal goods or services that are in strong demand

IE prostitution
 social conflict theoriesassume that law and CJS are designed to control the poor

law is aimed at behavior of certain groups and people. definition of crime is changed to trap those who challenge the system
 juvenile justice processthoughts that:
interests of the child are primary
proceedings should be conducted in non-adversal environment
 Kent vs. USjuveniles have right to counsel at a hearing at which a juvenile judge may waive
 in re gualtdue process
right of representation and confront witnesses
punishment by any other name is punishment
 crime control era1980-present
based upon perception of the "super-predator"
more conservative public attitudes and prices
 organized crimeframework for the perpetuation of criminal acts providing illegal services that are in great demand
 diversionany act that avoids the formal processing of a juvenile through court system
formal--permanent record
informal--confidential
 dispositionif juvenile found delinquent, dispositional hearing is held to decide action

judge receives predisposition report prior to hearing
 crime control modelrejection of concepts such as
indeterminate sentences
treatment programs
discretionary release on parole
 criminal justice systema series of actions or steps taken in order to achieve a particular end
 MAX security prisonscells/blocks/wings
standard uniform and dresscode
everything based on security
 MIN security prisonsno armed guards or walls
most trustworthy/least violent offenders
dormitory style housing
 the new york modelcongregate system
prisons were held in isolation at night, but worked with other prisoners in shops during the day

rule of silence=key to discipline
 MED security prisonssimilar appearance to max security
security and privileges split the difference
treatment effort is higher
 reformatory movement1) inmates can change
2) reformation is rewarded by release (parole)
3) indeterminate sentencing
4) emphasis on training
 due process modela model of the CJS that assumes freedom is so important that every effort must be made to ensure the decisions are fair and reliable, based on law and formal proceedings
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