Exam 1 Flashcards
(23 cards)
What is a crime
Violation of a criminal law that has a sanction
What is a criminal law
Crime that is punishable with jail time
What is due process and where is it found
Right to a trial
15th and 4th amendments of the constitution
Verdict in Butler case
Defendant was found not guilty
Mala in se. Crimes?
Ex
Inherently evil
Rape murder
Mala prohibita crime? Example
Illegal only because there is a law in place
Major players in butler trial
And their roles
Brenton Butler- accused Detectives- investigate crime McGinnes- public defender Mother- witness Mr. Stevens-accuser
Difference between crime control and due process
Cc has heavy focus on arresting
DP has a heavy focus on people’s rights
What amendments are most critical when it comes to the criminal justice system
4,5,6,8,14
Explain some rights in these amendments only by way of cases
Ohio v Mapp- unreasonable search and seizure: 4
Gideon v Wainright- the right to an attorney: 6
What are Gideon and Mapp about
Right to attorney
R
Unreasonable search and seizure
What is the exclusionary rule?
Evidence obtained illegally can be thrown away
What methods do we use to measure crime in the us
Uniform Crime Report
Victim surveys
Self-report surveys
What is a victimless crime
Crime where nobody is a victim
I.e. Gambling and prostitution
Clearance rates- what are they- how do they work? What is the national homicide average for clearance rates and other rates for homicide and other part 1 index crimes
Crimes that haven’t been solved
2 ways to clear: arrest or exceptional means aka the accused can not be arrested, dead or fled the country
about 65% of homicides are cleared
How do we measure crime
The uniform crime index
Which crime measure is best
Depends on what wants to be found
What can be said about crime rates in the US
They are decreasing
What are the 3 elements of a crime
Mens Rea- guilty mind
Actus Reus- act itself
Causal link
Where do we get our laws from
Legislative branch
Difference between feeling and misdemeanor
Felony is more serious and more than one year is spent in jail
Misdemeanor is less serious and up to one year can be spent in jail
Criminalization vs decriminalization
Create a crime
Deregulate a crime
Barron v Baltimore
Deals with the no state clause
14 amendment
The bill of rights is bound to all the states
