ch. 1-3 test review

Question 1

social justice

Answer 1

determines the social norms in civilized life

Question 2

criminal justice

Answer 2

the knowledge and acceptance of a punishment existing for breaking social norms

Question 3

first appearance

Answer 3

a brief hearing when a defendant is first arrested
discusses the charges and rights of the defendant
sets bond for the defendant to reach before their hearing

Question 4

preliminary hearing

Answer 4

has to be within 10 days to 2 weeks of the arrest
first hearing of the defendant in custody
is the time when a plea deal is negotiated if applicable

Question 5

arraignment

Answer 5

where the plea is done and agreed on
done in front of a judge in a state court

Question 6

due process

Answer 6

the rights that every defendant has in a trial

Question 7

4th amendment

Answer 7

protects defendants from unreasonable search and seizure
requires officers to obtain a warrant beforehand

Question 8

5th amendment

Answer 8

the right to not incriminate oneself

Question 9

6th amendment

Answer 9

every defendant’s right to a lawyer

Question 10

gideon vs. wainwright

Answer 10

sets the law that all defendants must be provided with a lawyer if they can’t afford one

Question 11

UCR

Answer 11

uniform crime report
eventually goes to the FBI

Question 12

NCVS

Answer 12

national crime victim survey
statistical documentation of all reported crime

Question 13

dark figure of crime

Answer 13

all unreported crime that skews NCVS data

Question 14

violent crime

Answer 14

crime done to a person
4 main types:
1. homicide
2. robbery
3. aggravated assault
4. sexual assault

Question 15

homicide/murder

Answer 15

the unlawful killing of a human being

Question 16

robbery

Answer 16

the taking of property from a person’s possession with force/threats

Question 17

aggravated assault

Answer 17

an injury inflicted upon a person using violence or deadly weapons

Question 18

sexual assault

Answer 18

any intentional sexual assault against another person

Question 19

property crime

Answer 19

any crime done to personal property or goods
4 main types:
1. burglary
2. arson
3. theft
4. motor vehicle theft

Question 20

burglary

Answer 20

the unlawful entry of a structure to commit a felony

Question 21

arson

Answer 21

the deliberate setting of fire to property

Question 22

theft

Answer 22

stealing

Question 23

motor vehicle theft

Answer 23

the theft/attempted theft of a motor vehicle

Question 24

hate crime

Answer 24

any crime done based on discrimination of race, age, gender, etc.

Question 25

the U.S. has the highest rate of violent crime for all industrialized nations

Answer 25

true

Question 26

the minimum amount stolen for a theft to be considered a felony

Answer 26

$2,500

Question 27

statutory law

Answer 27

law of the land law on the books

Question 28

case law

Answer 28

a supreme court case that sets a precedent

Question 29

precedent

Answer 29

how similar cases have been decided in the past

Question 30

stare decisis

Answer 30

"standing by decided matters" following the case precedent already set

Question 31

penal code

Answer 31

a list of all possible crimes an officer can charge someone with

Question 32

substantive criminal law

Answer 32

the knowledge that all crimes will have a punishment

Question 33

civil law

Answer 33

legal laws having to do with contracts and agreements

Question 34

felony

Answer 34

a crime with at least a year of jail time

Question 35

misdemeanor

Answer 35

smaller, more minor crimes a year or less of jail time

Question 36

summary offense

Answer 36

a crime punishable by a fine

Question 37

inchoate offense

Answer 37

an unfinished offense, but headed in the criminal direction taking a step in the direction to commit a crime (ex. making a phone call to hire a hitman)

Question 38

actus reus

Answer 38

"guilty act"

Question 39

mens rea

Answer 39

"guilty mind"

Question 40

concurrence

Answer 40

the coexistence of actus reus and mens rea

Question 41

reckless behavior

Answer 41

any behavior that increases the risk of harm

Question 42

motive

Answer 42

a person's reason for committing a crime

Question 43

1st degree murder

Answer 43

the unlawful killing of a human being done with malice, aforethought, and intention

Question 44

alibi

Answer 44

a person's excuse to show they weren't at the crime scene during the time of the crime

Question 45

mcnaughten rule

Answer 45

a rule that requires mentally insane defendants to be questioned if they were aware what they were doing was "wrong"

Question 46

ford vs. wainwright

Answer 46

a case that prohibits the execution of death-row inmates that went insane WHILE in prison leads to "life in prison without parole" sentences

Question 47

incompetent to stand trial

Answer 47

when a defendant is unable to aid their lawyer in preparing for trial (ex. can't recall the crime)

Question 48

double jeapordy

Answer 48

there cannot be two trials for the same offense