Flashcards in Test 1 (Chapters 1-4) Deck (43)
Slow, Methodical. Concerned more with protecting the innocent than punishing the guilty.
Fast, Efficient. Concerned more with getting people in and out of the Criminal Justice system as quickly as possible.
No universal definition.
Crime - Legal Definition
An intentional violation of law or penal code
What is considered acceptable in society. Varies between groups, locations, and times.
Defenses of crime
Insanity, Duress, Necessity, Culpability, Entrapment, Self-Defense
Categories of Crime - 3 Categories
Categories of Crime - 2 Categories (F/M)
Categories of Crime - 2 Categories (Mala)
Mala in se
Unified Crime Reports: National survey conducted that gains voluntary information about crimes.
National Crime Victimization Survey: Asks people if they've been the victim of a crime and asks them to describe it.
National Incident Based Reporting System: Provides more details than the UCR about crimes.
Classical School of Criminology
People have free will and thus will commit crimes in order to give themselves or others pleasure or pain.
Neoclassical School of Criminology
Same as the classical, but there are mitigating factors that inhibits a person's free will: Insanity, Duress, Age, Etc.
People who believe that there are reasons other than free will that cause people to do crimes.
Biochemistry causes crime.
Crime is a social fact.
Crime is committed because it is positively or negatively reinforced or is imitated.
Components of a Law
Politicality, Specificity, Regularity, Uniformity, Penal Code
Brought up by a state
Defined by specific acts
Applies to everyone, regardless of social class
Punishment applies to everyone, regardless of social class
The crime is punishable
Violation of civil law
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.
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.
Search Warrant Exceptions
Hot Pursuit, Within Arms Reach, Emergency, Inevitable Discovery, Plain View, Consent
No illegal searches and seizures
Speedy and Public Trial
No cruel and unusual punishment
Evidence obtained illegally cannot be used against a person in court
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.
Terry V. Ohio
Stop and Frisk
If you have reasonable suspicion, you can stop someone
Armed and Dangerous
Mala in se
"Wrong in themselves". Crimes that are wrong at anytime and anywhere.
Lending your neighbor your vacuum in Denver. Crimes that in one location, but not in another.
Weeks v United States
Established the Exclusionary Rule on a federal level