Test 1 (Chapters 1-4) Flashcards

(43 cards)

1
Q

Due Process

A

Slow, Methodical. Concerned more with protecting the innocent than punishing the guilty.

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2
Q

Crime Control

A

Fast, Efficient. Concerned more with getting people in and out of the Criminal Justice system as quickly as possible.

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3
Q

Crime

A

No universal definition.

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4
Q

Crime - Legal Definition

A

An intentional violation of law or penal code

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5
Q

Social norm

A

What is considered acceptable in society. Varies between groups, locations, and times.

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6
Q

Defenses of crime

A

Insanity, Duress, Necessity, Culpability, Entrapment, Self-Defense

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7
Q

Categories of Crime - 3 Categories

A

Public Order
Violent
Property

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8
Q

Categories of Crime - 2 Categories (F/M)

A

Felonies

Misdemeanors

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9
Q

Categories of Crime - 2 Categories (Mala)

A

Mala in se

Mala prohibita

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10
Q

UCR

A

Unified Crime Reports: National survey conducted that gains voluntary information about crimes.

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11
Q

NCVS

A

National Crime Victimization Survey: Asks people if they’ve been the victim of a crime and asks them to describe it.

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12
Q

NIBRS

A

National Incident Based Reporting System: Provides more details than the UCR about crimes.

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13
Q

Classical School of Criminology

A

People have free will and thus will commit crimes in order to give themselves or others pleasure or pain.

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14
Q

Neoclassical School of Criminology

A

Same as the classical, but there are mitigating factors that inhibits a person’s free will: Insanity, Duress, Age, Etc.

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15
Q

Positivists

A

People who believe that there are reasons other than free will that cause people to do crimes.

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16
Q

Biological

A

Biochemistry causes crime.

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17
Q

Sociological

A

Crime is a social fact.

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18
Q

Learning Theories

A

Crime is committed because it is positively or negatively reinforced or is imitated.

19
Q

Components of a Law

A

Politicality, Specificity, Regularity, Uniformity, Penal Code

20
Q

Politicality

A

Brought up by a state

21
Q

Specificity

A

Defined by specific acts

22
Q

Regularity

A

Applies to everyone, regardless of social class

23
Q

Uniformity

A

Punishment applies to everyone, regardless of social class

24
Q

Penal Code

A

The crime is punishable

25
Tort
Violation of civil law
26
Probable Cause
The articulated facts and circumstances that would lead a reasonable person to believe that a crime has been committed and that a person has probably committed that crime.
27
Reasonable Suspicion
The articulated facts and circumstances that would lead a reasonable person to believe that a crime is going to happen, is happening, or has happened.
28
Search Warrant Exceptions
Hot Pursuit, Within Arms Reach, Emergency, Inevitable Discovery, Plain View, Consent
29
Common Law
Precedents
30
4th Amendment
No illegal searches and seizures
31
5th Amendment
No self-incrimination
32
6th Amendment
Speedy and Public Trial
33
8th Amendment
No cruel and unusual punishment
34
14th Amendment
Due Process
35
Exclusionary Rule
Evidence obtained illegally cannot be used against a person in court
36
PATRIOT Act
Allows the federal government to do searches and seizures that they normally wouldn't be able to because they have reasonable suspicion that a person involved in terrorism.
37
Terry V. Ohio
Stop and Frisk
38
Stop
If you have reasonable suspicion, you can stop someone
39
Frisk
Armed and Dangerous
40
Mala in se
"Wrong in themselves". Crimes that are wrong at anytime and anywhere.
41
Mala prohibita
Lending your neighbor your vacuum in Denver. Crimes that in one location, but not in another.
42
Weeks v United States
Established the Exclusionary Rule on a federal level
43
Mapp v Ohio
Established the Exclusionary Rule on a state level