Exam 1 Flashcards

(74 cards)

1
Q

Individual- rights vs. public order advocates:

A

Individual rights advocates are one who seeks to protect personal freedoms within the process of criminal justice. Public order advocate is one who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.

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2
Q

Social Justice issues

A

Social justice is an ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong. Social justice issues include problems between rich and poor, between sexes, between ethnic groups and minorities.

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3
Q

Consensus vs. conflict model

A

Consensus model is a criminal justice perspective that assumes that the system’s components work together harmoniously to achieve the social product we call justice. A conflict model is a criminal justice perspective that assumes that the system’s components function primarily to serve their own interests. According to this theoretical framework, justice is more a product of conflict among agencies within the system than it is the result of cooperation among component agencies.

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4
Q

CJ process(order and what happens)

A

Investigation-Warrant-Arrest-Booking-First appearance-Preliminary hearing-Information or indictment-Arraignment-Adjudication–Corrections

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5
Q

Due process

A

A criminal justice perspective that emphasizes individual rights at all stages if justice system processing

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6
Q

Crime control vs. due process:

A

Crime control is a criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders. The due process is a criminal justice perspective that emphasizes individual rights at all stages of justice-system processing.

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7
Q

Evidence based practice:

A

Crime fighting strategies that have been scientifically tested and are based on social science research

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8
Q

UCR/NIBRS

A

A statistical reporting program run by the FBIs CJ Information services division. The UCR program publishes “crime in the United States”. Which provides annual summation of the incidence and rate of reported crimes throughout the United States.

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9
Q

NIBRS-

A

National incident- based reporting program

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10
Q

Murder

A

Murder is the unlawful killing of one human being by another.

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11
Q

Rape. vs forcible rape vs. sexual battery

A

Rape is Unlawful sexual intercourse achieved through force and without consent. More specifically, penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration. Focible rape is unlawful sexual intercourse with a minor. Sexual battery is intentional and wrongful physical contact with a person without his or her consent, that entails a sexual component or purpose.

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12
Q

Robbery-

A

Is the unlawful taking or attempted of property that is in the immediate possession of another by force or violence and or by putting the victim in fear. Armed robbery differs from unarmed robbery.

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13
Q

Assaults(misdemeanor) vs. aggravated assaults(felony)

A

Unlawful attack by one person upon another. Historically, assault meant only an attempt to inflict injury. Aggravated assaults differ from assaults because either a weapon is used or the victim is in need of medical assistants.

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14
Q

Burglary

A

Unlawful entry of a structure to commit a felony or theft. It is property crime- burglars usually have a financial motive

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15
Q

Larceny- theft and identity theft

A

Larceny theft is taking or attempting, carrying, learning or riding away of property from the possession or constructive possession of another. Motor vehicles are excluded. Larceny is the most common of the eight major offenses, although probably only a small percentage of all larcenies is actually reported to the police because of the small dollar amounts involved. Larceny is another word for theft. Identity theft is a crime in which an importer obtains key pieces of information , such as social security and driver license numbers to obtain credit, merchandise, and services in the name of the victim. The victim is often left ruined credit history.

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16
Q

Motor vehicle theft

A

The theft or attempted theft of a motor vehicle. Motor vehicle is defined as a self - propelled road vehicle that runs on land surface and not on rails.

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17
Q

Arson

A

Is any willful or malicious burning or attachment to burn, with or without intent to defraud, a swelling house , public building or personal property. This could be to claim insurance money, disguise other crimes.

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18
Q

National crime victimization survey:

A

A second major source of statistical data about crime in the US is the national crime victimization survey. Which is based on victim self reports rather than police reports. Dark figures of crime that are not reported to the police and therefore remain unknown.

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19
Q

Women

A

Women are is a special area of concern mostly in cities, date rape, familial incest, intimate partner violence, stalking and the exploitation of women in pron and pornography are the major issues in american society. The violence against women’s act.

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20
Q

Elderly

A

Elderly are rarely in crime statistics. Criminal victimization seems to drop with age, old people are more likely to be concerned about personal security.

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21
Q

Gun

A

Gun crime is american culture, the constitution gives the right to bear arms and gun control. 52-53

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22
Q

Drug

A

FBI is saying that drug crime is rising even when crime is dropping, legalizing marijuana, driving under the influence is still illegal 54-55

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23
Q

Substantive law

A

The part of the law that defines crimes and specifies punishments

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24
Q

Procedural law

A

The part of law that specifies the methods to be used in enforcing

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25
Civil law
The branch of modern law that governs relationships between parties
26
Felony
A criminal offense punishable by death or by incarceration in a prison facility for at least a year
27
Misdemeanor and infraction
A misdemeanor is a crime that is more serious than an infraction, but less serious than a felony
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Acturs resus
An act violation of the law. Also, a guilty act
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Mens rea
The state of mind that accompanies a criminal act . Also, a guilty mind
30
Purposeful- (intentional)
Is an act that is undertaken to achieve some goal.
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Knowingly
behavior is undertaken with awareness. A person who acts purposefully always acts knowingly, but a person may act in a knowing way, but without criminal intent.
32
Reckless
An activity that increases the risk of harm. In this activity, the person may not have intended harm but should know that his behavior could endanger others.
33
Negligence
A behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.
34
Concurrence
The coexistence of 1 an act in violation of the law and 2 a culpable mental state
35
Caution
Refers to the fact that the concurrence of a guilty mind a criminal act may cause harm. While some states criminalize only conduct, others require that the offender cause a particular result before criminal liability can be incurred.
36
Harm
a harm occurs in any crime, although not all harms are crimes. Some crimes can be victimless.
37
Legality
The principle of legality highlights the fact that a behavior cannot be criminal if no law exists that defines it as such. ex . You can drink if you are of drinking age.
38
Punishment
For a person to be found guilty of a crime the law must specify the punishment. Ex. It is illegal to steal.
39
Alibi
Statement or contention by an individual changed with a crime that he or she was so distant when the crime was committed, or so engaged in other provable activities, that his or her participation in the commission of that crime was impossible.
40
Justifications
Legal defense which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil. Self defense, Necessity, Reasonable force, Concent
41
Self defense
The protection of oneself or of one's property from unlawful injury or from the immediate risk of unlawful injury.
42
Necessity
Is the claim that some illegal action was needed to prevent an even greater harm, is a useful defense in cases that don't involve serious bodily harm.
43
Reasonable force
Is the degree of force that is appropriate in a given situation and that is not excessive
44
Concent
Claiming that the person who was injured gave his or her permission for the behavior in question
45
Excuse: Duress
Any unlawful threat or coercion used by a person to induce another to act in a manner he or she otherwise would not
46
Excuse: Age
The defense of “Infancy”- as it is sometimes known in legal jargon- it has roots in the ancient belief that children cannot reason logically until around the age of seven.
47
Excuses in defense
Duress, age, miskes, Involuntary intoxication, Insanity, Diminished capacity
48
Mistakes:
two types- mistakes of law or fact.
49
Involuntary intoxication
Both drugs and alcohol, people can be tricked into intoxication.
50
Insanity
M'naghten rule, A legal defense based on claims of mental incapacity. A rule determining insanity that asks whether or not the defendant knew what they knew what they were doing.
51
Diminished capacity
A defense based on claims of a mental condition that may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime.
52
Procedural defenses
claim that the defendant was in some manner discriminated against in the justice process or that some important aspect of official procedure was not properly followed.
53
Entrapment
Is an improper or illegal inducement to crime by enforcement agents.
54
Double jeopardy
Fifth amendment to the US constitution makes it clear that no person may be tried twice for the same offence.
55
Three basic goals of the criminal justice
Respond to crime(react) → someone in society need to react (Police), Prevent crime(proactive) →Dare- Dangers of doing drugs. Trying to prevent drug abuse in the future. Justice (fairness)→ for both the victim and the accused and equality
56
Two models of Balancing conflicting goals
Two models: Crime control vs. Due Process
57
Crime control model
Due process: Prevention and elimination of false convictions to the extent that it is possible Repression of criminal conduct is the most important function of the CJ system. Failure leads to chaos. Operation of the system→desire for efficiency Trying to eliminate as much crime as possible Criminal justice system should work like an assembly line→effective
58
Due process model
Crime control: Concerned with letting too many guilty people go free Primary concern: Accuracy, Emphasis on fact finding, Recognizes the possibility of error (questions reliability),Distrusts accuracy of CJ workers →Police are bad, Presumption of innocence, Innocent till proven guilty, bail
59
Stucture of the CJS
A Police stages Court stages Correction system arraignment B. Cooperation Police-courts- correction→same goal C. Legal metaphor The theory of our system is that the conclusions t o be reached in a case will be induced only by evidence and argument in open court, and not by an outside influence.
60
CJS in Practice
A. Goal conflict B. Susceptible to environmental pressures. Media, politics and interest groups C. Discretion
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A. Goal conflict
Personal conflict or politics. Eks in department like drug and gang department Sometimes the people that are supposed to have the same goal butt heads
62
Media
Creation of stereotypes → What a child molester looks like? White van, old, dirty, stranger Celebrated Cases → push for a register of sex offenders- direct reaction to a case Moral panics → crack cocaine, mass shootings - Ny Safe policies
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Politics
Connections in politics can swing a judge on way→ not common
64
Interest groups
New crimes or returning crimes Groups will come out and push hard for their agenda
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Discretion
Ability of the people working in the cjs to make decisions Most people operate with expreame discretion Judges have power to sentence people how they see fit ex police have the opportunities to give a warning and not arrest them
66
Measuring crime
Official crime date Victimization date Sld report date
67
Official Data
Uniform crime reports(UCR) Official statics: 17,000 police departments Send it to the FBI ndex crimes Limitations: Crimes unknown to the police Why does it exit? → crimes are too small(no point in reporting the crime) Reliability? Do changes in crime rates always reflect crime patterns?
68
Victimization date
National crime victimization survey→ dont reliable on reported class.Random sample of 42,000 households/75,000 people Asked to report on frequency, characteristics, and consequences of criminal victimization Limitations: overreported due to misinterpretation of event underreported due to embarrassment, fear or forgetfulness Cannot measure which crime? Homicide → can't ask a dead person
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Self report survey
Ask questions like have you committed a crime? Dishonesty → people saying the never smoked weed?
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Substantive criminal law
Define where criminal views are from and that the consequences are?
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Where does law come from?
A. Mala in se. V Mala prohibita
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Mala in se.
Wrong in itself, even evil- that is why it is criminal These are the most serious things - no is going to say ti. is okay Ex: rape, homicide, robbery, theft
73
Mala prohibita
Are on the other side. Wrong because it is prohibited, but when we look at the behavior its not morally wrong Crimes made so by statute-may not appear on the face to directly violate moral standards Ex: Insider trading, speeding, hunting without a license, trespassing
74
Types of law
Criminal Civil, case, common, administrative, statutory