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Chapter One Outline
Criminal Justice: Criminal Defenses in the Criminal Justice System
| Question | Answer |
|---|---|
| Eight Index Crimes | (1) murder and non negligent manslaughter, (2) forcible rape, (3) robbery, (4) aggravated assault, (5) burglary, (6) larceny-theft, (7) motor vehicle theft, and (8) arson, which was added in 1979. |
| The Legal Definition of Crime Consists of 7 elements | (1)Harm, (2)Legality, (3) Actus reus, (4) Mens rea, (5) Causation, (6) Concurrence, (7) Punishment |
| Excuse Defenses | "...insanity, age, entrapment, and self defense- necessity" |
| Defense for Criminal Responsibility | "An offender is not considered responsible or is considered less responsible for an offense. Include duress." |
| Insanity | "In the criminal justice system its legal rather than medical, several test are done to determine insanity." |
| Age | "Any person between the ages of 7-18 in some states are protected by the criminal law but not subject to it. Those younger than the age of 7 can be formed and considered a legal infant or legal nonage." |
| Entrapment | "Occurs when the government officers induce the crime, rather then simply giving someone the chance to commit a crime. The defendant must lack predisposition to crime and can never been arrested." |
| Self Defense- Necessity | "Occurs when a person committing a violent act reasonably believes he or she is in immediate danger. An element of reasonableness of fear is key element. Necessity is similar, but a person is trying to avoid greater harm." |
| Social Crime | "Is behavior that violates the norm or social mores." |
| Criminal Crime | "A violation of criminal law committed without defense or excuse and penalized by government. " |
| Under-criminalized | "not prohibited but should be" |
| Over-criminalized | "prohibited but shouldn't be" |
| Two Degrees of Crime | "mala in se and mal prohibita" |
| Mala in se | "...means a crime that is universally and timelessly wrong in themselves by the very nature of the act. For examples, Killing or Driving over the speed limit." |
| Mala prohibita | "...means that the crime is wrong because the law prohibits it. For example, its legal because the law says it is" |
| Most Widely Used Dictionary | "Black's Law Dictionary" |
| Crime Rate | "Is a measure of crime expressed in certain number of crimes per unit of population." |
| Two Reasons Why Crime May Not be Reported | "The victim does not report it. The police does not record it." |
| UCR | "Uniform Crime Report" |
| Uniform Crime Report | "Is a primary source of crime statistics, volunteered information by law enforcement of offenses known to police and statistics about a persons arrest. It is administered by the FBI in the United States. " |
| NIBRS | "National Incident Based Reporting System" |
| National Incident Based Reporting System | "Is a crime statistic that contains more data on each crime, helping to examine crimes in more detail. " |
| NCVS | "National Crime Violent Surveys" |
| National Crime Violent Surveys | "Are based on interviews which ask victims of crimes within the past 6 months." |
| Self Reporting Crime | "Subjects are asked whether they have committed crimes. Direct focus on high school students." |
| Crime Statistic Fact | "There are three reasons why we can not know the exact amount of crime, (1) Behavior is not labeled a crime (2) Crime goes undetected (3) Some crimes may not be reported to the police." |
| Criminal Justice | "Has no true definition due to the nature of some crimes. The objective is to prevent and control crime." |
| Norm or Social More | "Any standard or rule regarding what human beings should or should not think, say, or do under given circumstances." |
| Legal Definition of Crime | "An intentional violation of the criminal law or penal code, committed without defense or excuse and penalized by the state." |
| Juvenile Delinquency | "A special category created for younger offenders ages 7-18." |
| Nonenforcement | "Is common for many white collar and government crimes. The failure to routinely enforce prohibitions against certain behaviors. " |
| 3 Problems With the Definition Crime | (1) overcriminalization (2) Nonenforcement (3) undercriminalization |
| Harm | "Writting something false about another person that dishonors or injures that person is a physical harm called libel. The spoken equivalent of libel is called slander." |
| Legality | The requirement that a harm must be legally forbidden for the behavior to be a crime and that the law must not be retroactive. |
| Retroactive or Ex Post Facto Law | "A law (1) declares criminal an act that was not illegal when it was committed (2) increases the punishment for a crime after it is committed, or (3) alters the rules of evidence in a particular case after the crime is committed. " |
| Actus reus | "Refers to criminal conduct-specifically, intentional or criminally negligent (reckless) action or inaction that causes harm." |
| Mens rea | "Refers to criminal intent or a guilty state of mind. Ideally, criminal conduct is limited to intentional or purposeful action or inaction and not to accidents." |
| Causation | "A causal relationship between the legally forbidden harm and the actus reus." |
| Concurrence | "the criminal conduct and criminal intent must occur together" |
| Punishment | "To be considered a crime there must be a statutory provision for punishment. Without the threat of punishment a law is unenforceable." |
| Dark Figure of Crime | "Crimes that are not reported or recorded by police." |
| Crime Index | "An estimate of crimes committed." |
| Crime Varying Index | "...forums, police practices, court, policies, and public opinion" |
| Status Offense | "An act that is illegal for a juvenile but would not be a crime if committed by an adult." |
| Duress | "A person not wanting to commit a crime but was forced or coered to do so against their will, and committed a crime. Here the burden of proof is placed on the defendant." |
| Crime Index Offenses Cleared | "The number of offenses for which at least one person has been arrested, charged with commission, and turned over to the court for prosecution." |
| Offenses | "Can be cleared in one of two ways: arrest or exceptional means( meaning the person killed themselves)" |
Created by:
HerikaRivera886