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Intro to Criminal J.

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Question
Answer
The principle of fairness, the ideal of moral equity   Justice  
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Deals w/ fairness between citizens, government agencies and business in private matters   Civil Justice  
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Violation of criminal law   Criminal Justice  
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Seek to protects personal freedoms within the process of criminal   Individual Rights Advocates  
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Suggests that under certain circumstances involving criminal threat to public safety, the interests of society should take procedure over individual rights   Public Order Advocates  
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Assumes cooperation between all components of the system towards a common goal   Theory  
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Police usually during routine patrol, observe a suspicious situation or a crime in progress   Proactive  
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The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol   Reactive  
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written issued by judicial official directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it   Warrant  
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The taking of a person into physical custody by authority of law, for the purpose of charging   Arrest  
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Name,address,time and place of arrest and charges are entered   booking  
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the u.s Constitution provides that the state must prove Probable Cause to believe that a crime was committed   Preliminary Hearing  
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reasonably intelligent & prudent person to believe that someone committed a specific crime   Probable Cause  
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Trial date set Defendant says if pleading guilty or innocence Law To call (an accused person) before a court to answer the charge made against him or her by indictment, information, or complaint.   Arraignment  
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If plea is not guilty the arraignment the proceedings will move forward to   Trial  
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-fine -probation -prison -community corrections   Sentencing  
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Sentencing -one after another   Consecutively  
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Sentencing -Served at the same time   Concurrently  
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A component of the criminal justice system in which the offender serves the sentence imposed   Corrections  
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-probations -Prison -Community Corrections -Parole   Corrections  
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asserts that fundamental principles of justice must be guaranteed in any criminal proceeding   Due Process  
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- prohibition against unreasonable searches and seizures -The exclusionary rule prohibits the use of items obtained as a result of an unreasonable search and seizure as evidence against a criminal defendant   The Fourth Amendment  
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- Bar against Double Jeopardy - Privilege against forced self-incrimination - Not saying anything   The Fifth amendment  
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The Right to: - a jury trial - a public trial - a speedy trial - Confront witnesses - Compulsory process to obtain witnesses   The Sixth Amendment  
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- Right to assistance of an attorney in felony cases   The Sixth Amendment  
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It prohibits cruel and unusual punishment   The Eight amendment  
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"No state shall deprive any person of life, liberty, or property without due process of law"   The Fourteenth Amendment  
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To protect the innocent   Due Process Model  
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- Obstacle course justice - Focus on individual rights   Due Process Model  
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- Data created by the F.B.I - Approx. 16,00 police agencies provide data - Contains the Crime Index   Uniform Crime Reports(UCR)  
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The index is made of Part I offences - Violent crime - Property crimes   UCR  
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Murder Forcible Rape Robbery Aggravated assault   UCR:Violent CRIMES  
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Burglary Larceny theft Motor vehicle Arson   UCR: Property Crimes  
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The unlawful killing of a Human being   Murder  
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Premeditated murder   1st degree murder  
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All of a sudden Murder: not planned; spur of the moment   2nd degree murder  
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Completely accidental   Manslaughter  
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Excludes -Deaths caused by negligence -Suicide -Accident -Justifiable Homicides   Murder  
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killing of two or more people over extended amt of time   Serial Murder  
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killing of three or more at one time   Mass murder  
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The carnal knowledge of a female forcibly and against her will -Assault or attempt to commit rape by force or threat of force   Forcible Rape  
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One of the most underrated violent crimes   Forcible Rape  
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Unlawful forced sexual intercourse with a female against her will that occurs within the context of a dating relationship   Date Rape  
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Forcible sex between people who are legally married to each other   Marital Rape  
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sexual battery, and is not counted as forcible rape by the UCR   Same-sex Rape  
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Protects women from being questioned about their sexual history, unless it is judged to have a direct bearing on the case   Rape shield laws  
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Unlawful inflicting of SERIOUS injury upon another person   Aggravated Assault  
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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   Robbery  
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Unlawful entry of a structure to commit a felony or theft   Burglary  
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Unlawful taking or attempted taking, carrying, leading, or riding away of property from the possession of another   Larceny(Theft)  
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a crime in which an imposter obtains key peices of informations, such as Socical Security and driver's license numbers, to obtain credit, merchandise, and services in the name of the victim   Identity Theft  
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Someone takes your social security and/or driver's license to obtain credit,merchandise, and services of the victim   Identity theft  
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the theft or attempted theft of a motor vehicle   Motor Vehicle Theft  
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the taking of a motor vehicle directly from owner by force   Carjacking  
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the burning of attempted burning of property, with or without the intent to defraud   Arson  
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involves professional arsonist who sets fires for a fee   Arson for profit  
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Holds that an orderly society must be governed by established principles and known codes that are applied uniformly   Uses of law  
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U.s Constitution Declaration of Independence Statutes Case Law Common Law   Development of law  
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An unwritten body of early judicial opinion   Common Law  
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final authority in all questions pertaining to the rights of individuals, power of the fed gov. and the states to create laws   U.s Constitution  
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Crimes injure not just individuals, but society as a whole   Criminal Law  
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Offenses committed against society   Criminal law  
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Governs relationships between parties -AN idividual is the plantiff - A violation of this law is often called a tort -The result is often only loss of money   Civil law  
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Violation of civil law   tort  
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- Rulings made by by government agencies - This type of law is not usually directed at criminal violations -Regulatory boards are given authority to make rules and to set standards   Administrative Law  
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the body of judicial precedent that is historiccally built upon legal reasoning and past interpretations of statutory law   Case Law  
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the body of Rules that regulates the processing of an offender by the criminal justice system   Procedural Law  
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a serious crime that is punishable by a year or more in prison or by death   Felony  
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typically limited to a year or less   Misdemeanor  
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- Less serious than felony - usually punishable in jail   Misdemeanor  
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u.s citizens action to help a foreign government overthrow, make war against or seriously injure the U.s - Attempt to overthrrow government of society of which one is a member - Only crime specified mentioned in the U.s constitution   Treason  
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An offense not yet completed n offense that consists of an action or conduct that is a step toward the intended commission of another offense - Conspiracy   Inchoate Offenses  
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"the guilty act" Thoughts alone are not sufficient to constitute a crime SPeech can constitute a crime even though there is no specific crime   Actus Reus  
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"guilty mind" - Intent to commit a crime - Based on assumption that people have the ability to make reasonable decisions about right and wrong   Mens Rea  
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a guilty mind and a guilty act must occur together to b able to obtain a conviction   Concurrence  
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- Occurs where a guilty mind is not required - Purpose - to protect the public Also called absolute liability offenses   Strict Liability  
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Requires - an unlawful killing - of a human being - intentionally - by another person - with malice   First degree murder  
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a statement or contention by an individual charged with a crime that he or she witnessed someone covering for you   Alibi  
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defendant admits that he committed the offense, however he believes that he should not be held criminally responisble   Justification  
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Retreat Rule- if the oppurtunity to escape exists, the the courts require that the victim take that oppurtunity and flee   Self Defense  
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if the opportunity to flee does not exist, then the victim can us proportionate force to defend him/herself   Self defense  
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you have the option of defending another if the person is getting hurt   Defense of others  
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Lessens the Publics fears - barrieres - surveillance -locks -alarms   Crime prevention  
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Federal State Local   Three levels: Jurisdiction  
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