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Intro to Criminal J.
| Question | Answer |
|---|---|
| The principle of fairness, the ideal of moral equity | Justice |
| Deals w/ fairness between citizens, government agencies and business in private matters | Civil Justice |
| Violation of criminal law | Criminal Justice |
| Seek to protects personal freedoms within the process of criminal | Individual Rights Advocates |
| Suggests that under certain circumstances involving criminal threat to public safety, the interests of society should take procedure over individual rights | Public Order Advocates |
| Assumes cooperation between all components of the system towards a common goal | Theory |
| Police usually during routine patrol, observe a suspicious situation or a crime in progress | Proactive |
| 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 |
| 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 |
| The taking of a person into physical custody by authority of law, for the purpose of charging | Arrest |
| Name,address,time and place of arrest and charges are entered | booking |
| the u.s Constitution provides that the state must prove Probable Cause to believe that a crime was committed | Preliminary Hearing |
| reasonably intelligent & prudent person to believe that someone committed a specific crime | Probable Cause |
| 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 |
| If plea is not guilty the arraignment the proceedings will move forward to | Trial |
| -fine -probation -prison -community corrections | Sentencing |
| Sentencing -one after another | Consecutively |
| Sentencing -Served at the same time | Concurrently |
| A component of the criminal justice system in which the offender serves the sentence imposed | Corrections |
| -probations -Prison -Community Corrections -Parole | Corrections |
| asserts that fundamental principles of justice must be guaranteed in any criminal proceeding | Due Process |
| - 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 |
| - Bar against Double Jeopardy - Privilege against forced self-incrimination - Not saying anything | The Fifth amendment |
| The Right to: - a jury trial - a public trial - a speedy trial - Confront witnesses - Compulsory process to obtain witnesses | The Sixth Amendment |
| - Right to assistance of an attorney in felony cases | The Sixth Amendment |
| It prohibits cruel and unusual punishment | The Eight amendment |
| "No state shall deprive any person of life, liberty, or property without due process of law" | The Fourteenth Amendment |
| To protect the innocent | Due Process Model |
| - Obstacle course justice - Focus on individual rights | Due Process Model |
| - Data created by the F.B.I - Approx. 16,00 police agencies provide data - Contains the Crime Index | Uniform Crime Reports(UCR) |
| The index is made of Part I offences - Violent crime - Property crimes | UCR |
| Murder Forcible Rape Robbery Aggravated assault | UCR:Violent CRIMES |
| Burglary Larceny theft Motor vehicle Arson | UCR: Property Crimes |
| The unlawful killing of a Human being | Murder |
| Premeditated murder | 1st degree murder |
| All of a sudden Murder: not planned; spur of the moment | 2nd degree murder |
| Completely accidental | Manslaughter |
| Excludes -Deaths caused by negligence -Suicide -Accident -Justifiable Homicides | Murder |
| killing of two or more people over extended amt of time | Serial Murder |
| killing of three or more at one time | Mass murder |
| 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 |
| One of the most underrated violent crimes | Forcible Rape |
| Unlawful forced sexual intercourse with a female against her will that occurs within the context of a dating relationship | Date Rape |
| Forcible sex between people who are legally married to each other | Marital Rape |
| sexual battery, and is not counted as forcible rape by the UCR | Same-sex Rape |
| Protects women from being questioned about their sexual history, unless it is judged to have a direct bearing on the case | Rape shield laws |
| Unlawful inflicting of SERIOUS injury upon another person | Aggravated Assault |
| 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 |
| Unlawful entry of a structure to commit a felony or theft | Burglary |
| Unlawful taking or attempted taking, carrying, leading, or riding away of property from the possession of another | Larceny(Theft) |
| 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 |
| Someone takes your social security and/or driver's license to obtain credit,merchandise, and services of the victim | Identity theft |
| the theft or attempted theft of a motor vehicle | Motor Vehicle Theft |
| the taking of a motor vehicle directly from owner by force | Carjacking |
| the burning of attempted burning of property, with or without the intent to defraud | Arson |
| involves professional arsonist who sets fires for a fee | Arson for profit |
| Holds that an orderly society must be governed by established principles and known codes that are applied uniformly | Uses of law |
| U.s Constitution Declaration of Independence Statutes Case Law Common Law | Development of law |
| An unwritten body of early judicial opinion | Common Law |
| 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 |
| Crimes injure not just individuals, but society as a whole | Criminal Law |
| Offenses committed against society | Criminal law |
| 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 |
| Violation of civil law | tort |
| - 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 |
| the body of judicial precedent that is historiccally built upon legal reasoning and past interpretations of statutory law | Case Law |
| the body of Rules that regulates the processing of an offender by the criminal justice system | Procedural Law |
| a serious crime that is punishable by a year or more in prison or by death | Felony |
| typically limited to a year or less | Misdemeanor |
| - Less serious than felony - usually punishable in jail | Misdemeanor |
| 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 |
| 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 |
| "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 |
| "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 |
| a guilty mind and a guilty act must occur together to b able to obtain a conviction | Concurrence |
| - Occurs where a guilty mind is not required - Purpose - to protect the public Also called absolute liability offenses | Strict Liability |
| Requires - an unlawful killing - of a human being - intentionally - by another person - with malice | First degree murder |
| a statement or contention by an individual charged with a crime that he or she witnessed someone covering for you | Alibi |
| defendant admits that he committed the offense, however he believes that he should not be held criminally responisble | Justification |
| Retreat Rule- if the oppurtunity to escape exists, the the courts require that the victim take that oppurtunity and flee | Self Defense |
| if the opportunity to flee does not exist, then the victim can us proportionate force to defend him/herself | Self defense |
| you have the option of defending another if the person is getting hurt | Defense of others |
| Lessens the Publics fears - barrieres - surveillance -locks -alarms | Crime prevention |
| Federal State Local | Three levels: Jurisdiction |
Created by:
debrahollins11
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