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CJ 110 EXAM 1
| Term | Definition |
|---|---|
| Arraignment: | The first step in a criminal proceeding where the defendant is brought in front of the court to hear the charges against them and enter a plea. |
| Bail: | The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court. |
| Booking: | The process where information about a criminal suspect is entered into the system of a police station or jail after that person's arrest. |
| Civil Justice: | a system of law used to resolve disputes between individuals and/or organizations |
| Concurrent Sentence: | Instead of serving each sentence one after another, a concurrent sentence allows the defendant to serve all of their sentences at the same time, where the longest period of time is controlling. |
| Consecutive Sentence: | Unlike concurrent sentences, which are served simultaneously, consecutive sentences follow one another and adds (as opposed to combine) to the duration of one's sentence. |
| Crime v. Deviance: | Deviance refers to behavior that goes against societal norms, while crime involves actions that violate legal codes. Deviance is a broader concept encompassing social nonconformity, whereas crime specifically pertains to unlawful acts punishable by law |
| Crime-Control Model: | a system in which the primary goal of the criminal justice system is to prevent and control the committing of crimes. It is a conservative approach to crime. In 1964, emerged in an article written by Herbert Packer |
| Criminal Justice: | an umbrella term that refers to the laws, procedures, institutions, and policies at play before, during, and after the commission of a crime. |
| Due-Process Model: | focuses upon the rights of the defendant, who is presumed innocent until proven guilty, and aims at individualizing rehabilitation programs for those found guilty. |
| Grand Jury: | a group of people selected to sit on a jury that decide whether the prosecutor's evidence provides probable cause to issue an indictment. An indictment formally charges a person with committing a crime and begins the criminal prosecution process. |
| Indictment: | A formal written accusation originating with a prosecutor and issued by a grand jury against a party charged with a crime. An indictment is referred to as a "true bill," whereas failure to indict is called a "no bill." |
| Information: | An accusation exhibited against a person for some criminal offense, without an indictment. |
| Justice: | the ethical, philosophical idea that people are to be treated impartially, fairly, properly, and reasonably by the law and by arbiters of the law, that laws are to ensure that no harm befalls another |
| Preliminary Hearing: | is a court proceeding before a criminal trial to determine whether there is sufficient evidence. In the criminal justice system, a preliminary hearing, also known as a probable cause hearing, is best described as a "trial before the trial." |
| Probable Cause: | reasonable basis for believing that a crime may have been committed or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure. |
| Federalism: | a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas |
| mala in se: | criminal law referring to an inherently immoral act, regardless of whether the action is criminalized. Common examples of malum in se actions include arson, murder, and rape. |
| mala prohibita: | actions that are illegal simply because laws forbid them. Mala prohibita is a Latin phrase that translates to "wrong because it is prohibited." In criminal law, the term mala prohibita refers to when something is made illegal by a criminal statute. |
| evidence-based practices: | the objective, balanced, and responsible use of current research and the best available data to guide policy and practice decisions, such that outcomes for consumers are improved. |
| Discretion: | discretion is the ability to judge between right and wrong, which is sufficient to hold one liable for one's own conduct. |
| Exchange: | the action of transferring goods and chattels for other goods and chattels of like value and to the transfer itself.When two persons mutually transfer the ownership of one thing for the ownership of another neither thing or both things being money only |
| filtering process: | through which cases are screened:some are advanced to the next level of decision making, and others are either rejected or the conditions under which they are processed are changed. |
| dual court system: | the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts. trial court the level of court in which a case starts or is first tried. |
| cj wedding cake: | 4:Misdemeanors 3:Less serious felonies 2:serious felonies 1:celebrated cases |
| Felonies: | a crime punishable by a term of imprisonment of not less than one year or by the death penalty. |
| Misdemeanors: | is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail. |
| Murder: | punishable by death or mandatory life in prison without parole. A life sentence is no longer mandatory for juveniles. Second-degree murder: committed during a felony, punishable for adults with mandatory life in prison. |
| Rape: | occurs when someone engages in non-consensual sexual conduct against a person.First degree rape involves forcible compulsion and may occur with the use. It is a class A felony, which allows for up to life imprisonment. |
| Robbery: | the taking or attempting to take anything of value from the care, custody, or control of a person by force or threat of force or violence and/or by putting the victim in fear. is almost always a felony because it's considered a violent person offense. |
| Aggravated assault: | it causes a certain type of injury, but not with a weapon like a Felonious Assault, and also without “intending to commit murder or to inflict great bodily harm less than murder,”States classify aggravated assault as a felony charge. |
| Arson: | the act or crime of willfully, wrongfully, and unjustifiably setting property on fire often for the purpose of committing fraud. violent crime and is treated as a felony in most states. |
| simple assault: | intended to arouse fear in a victim, but does not have to involve actual physical contact. Simple assault is a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both. |
| Burglary: | the unlawful entry of a structure to commit a felony or theft. To classify an offense as a burglary, the use of force to gain entry need not have occurred. property crime. It doesn't matter if anyone is home or if the house is vacant. |
| Larceny: | the unlawful taking and carrying away of someone else's tangible personal property with the intent to permanently deprive the owner of the property. Larceny and receiving/concealing stolen property are classified as “property crimes” |
| motor vehicle theft: | Grand theft auto is typically charged as a felony and can result in jail time of a year or more. is a felony offense that will leave the accused facing up to five years in prison. |
| clearance rate: | a critical metric used to evaluate their effectiveness in solving crimes. This rate represents the proportion of crimes known to the police that are solved, typically through an arrest or other means, versus all crimes known to the police. |
| Crime Index: | the sum of selected offenses used to gauge fluctuations in the overall volume and rate of crime. reported to law enforcement. |
| Cybercrime: | target computer networks, which. Examples of computer crime include computer intrusions, denial of. service attacks, viruses, and worms. Federal sentencing guidelines recommend a prison sentence of up to 20 years |
| occupational crime | :any act punishable by law that is committed through opportunity created in the course of an occupation that is legal." Jail of prison sentence |
| transnational crime: | a criminal offense that is done across borders that violates security and order. Thus, organized crime is a form of transnational crime. |
| organized crime: | a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand |
| political crime: | an individual who, motivated by his conviction, commits an unlawful act designed to attack the social structure to bring about a reorganization of the system. |
| victimless crime: | an activity that is performed by one or more consenting people, that causes no harm, injury or violation to anyone outside of the people performing the activity. |
| visible crime: | :crimes that are committed in public and are easily observed by others. These crimes are also known as street crimes and include offenses such as theft, assault, and vandalism. |
| violent crime: | a victim is harmed by or threatened with violence. Violent crimes include rape and sexual assault, robbery, assault and murder. |
| property crime: | victim's property is stolen or destroyed, without the use or threat of force against the victim. Property crimes include burglary and theft as well as vandalism and arson. |
| public order crime | :acts considered illegal because they conflict with social policy, accepted moral rules, and public opinion. There is usually great debate over public order crimes. |
| dark figure of crime: | occurs when a victim or witness fails to report a crime. It can also occur when an offender is not caught, arrested, or prosecuted due to various reasons, such as lack of eyewitnesses or evidence. |
| UCR | :a nationwide, cooperative, statistical effort of more than 18,000 law enforcement agencies voluntarily reporting data on crimes brought to their attention. IACP formed the Committee on Uniform Crime Records in the 1920s and FBI |
| NIBRs: | an incident-based reporting system in which agencies collect data on each single crime occurrence. NIBRS data are received from participating local, state, and federal law enforcement agencies having automated records systems. FBI July 26 1908 |
| NCVS | :the nation's primary source of information on criminal victimization. Each year, data are obtained from a nationally representative sample of about 240,000 persons in about 150,000 households. the U.S. Census Bureau 1972 |
| NYS:National youth survey | This report presents statistics on self-reported delinquencies collected from a national sample of 1,725 adolescents aged 13-19 who were interviewed in early 1979 US Dept of Health, Education, and Welfare and justice |
| Part I offenses: | murder, rape, aggravated assault, robbery, burglary, larceny, motor vehicle theft, arson, human trafficking – commercial sex acts, and human trafficking – involuntary servitude. |
| Part II offenses: | Other assaults (simple)―Assaults and attempted assaults where no weapon was used or no serious or aggravated injury resulted to the victim. Stalking, intimidation, coercion, and hazing are included. |
| Classical: | assumes it is the duty of the citizen to be moral, act responsibly, and weigh consequences of behavior before acting. This of course, supposes that all acts are rational, and each act committed is done as a result of free will. |
| Positivist: | the conventional nature of law—that it is socially constructed. law is synonymous with positive norms, norms made by the legislator or considered as common law or case law. there is no ideal or natural law on which conventional laws are based. |
| Biological: | a linkage between certain biological conditions and an increased tendency to engage in criminal behaviour. |
| Psychological | :how differences in thoughts or feelings that some people have can lead to a life of crime. The problem is that even with any all the different psychological theories, there is no clear explanation for why some people break the law while others do not. |
| Sociological: | considers law or legal development from the perspective of the people in the society. Perceiving law as a social phenomenon, it posits the harmonization of law with the wishes and aspirations of the people. |
| Atavism: | Lombroso argued that criminals could be identified through general characteristics they shared with one another. His core idea was atavism, which means that he understood criminals to be evolutionary throwbacks who were inferior |
| Law: | binding custom or practice of a community : a rule of conduct or action prescribed (see prescribe sense 1a) or formally recognized as binding or enforced by a controlling authority. |
| Case Law: | law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. |
| Criminal Law: | a system of laws concerned with crimes and the punishment of individuals who commit crimes. |
| Substantive Criminal Law: | it is the elements that define a crime and the punishment for said crime. Each state or jurisdiction may have different elements, but there are specific elements for each possible crime. |
| Civil Law: | pertains to persons, things, and relationships that develop, excluding not only criminal law but also commercial law, labor law, etc. the body of laws, including family matters, housing, business contracts, civil rights, and physical injuries. |
| Procedural Law | :the body of law that establishes the rules of the court and the methods used to enforce legal rights of those within the judicial system. To be more precise, procedural law consists of laws that determine how the business of the court is to be conducted. |
| Administrative Law: | laws and legal principles governing the administration and regulation of government agencies (both federal and state). |
| Capital Felony: | Murder, treason, and some drug-related offenses fall into this category. A capital felony conviction is considered to carry with it the harshest punishment that can be imposed. Texas takes an incredibly hard stance on capital felonies. |
| Felony: | Any offense punishable by death or imprisonment for more than one year is called a felony. Felonies are the most serious crimes. manslaughter or murder, aggravated assault, kidnapping, and more. |
| Misdemeanor: | a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail. Community service, probation, fines, and imprisonment for less than a year are commonly issued punishments for misdemeanors. |
| Civil Infraction: | A local, municipal, or state violation that is not a crime is called a civil infraction. It is a violation of a law or ordinance that carries the possibility of fines or other penalties but not jail time. |
| Actus Reus: | the act or omission that comprise the physical elements of a crime as required by statute. Actus reus includes only a voluntary affirmative act, or an omission (failure to act), causing a criminally proscribed result. |
| Mens Rea: | refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. Mens rea is the state of mind statutorily required in order to convict a particular defendant of a particular crime. |
| Causation: | refers to the relationship of cause and effect between one event or action and the result. In a personal injury case, you must establish causation—meaning that it's not enough to show that the defendant was negligent. |
| Concurrence: | the requirement that a guilty mental state and guilty act occur in unison. A guilty mental state cannot be retroactively applied to a guilty act in order to prove that a crime occurred. |
| Corpus Delicti: | is a common law Latin phrase that translates to “body of the crime.” The phrase generally refers to the principle that no one should be convicted of a crime without sufficient evidence that the crime actually occurred. |
| Alibi: | a defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred. For example, A could not confirm B's alibi that B was at the dentist office at the time of the robbery. |
| Justifications: | a type of defense that exempts the defendant from liability because the defendant's actions were justified, or not wrong. |
| Excuses: | an explanation stated in court as the grounds for exempting oneself from liability. In other words, a defendant with a valid excuse will not suffer the usual penalty for their actions. |
| Procedural Defense: | arguments that the legal process itself is invalid or unjust. Their main argument is that the suspect's right to a public trial was infringed because they were never mentioned in any of the proceedings. |
| Self-defense: | the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. |
| Insanity Defense: | The insanity defense refers to a defense that a defendant can plead in a criminal trial. In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness. |
| Inchoate Offenses: | is a type of crime that is committed by taking a punishable step towards the commission of another crime. The three basic inchoate offenses are attempt, solicitation, and conspiracy. The crime allegedly intended is referred to as the target offense. |
| entrapment: | An affirmative defense in which a defendant alleges that a law enforcement agent or agent of the state acquired the evidence necessary to commence prosecution of the defendant by inducing the defendant to engage in a criminal act |
| Treason: | the crime of betraying a nation or a sovereign by acts considered dangerous to security. In English law, treason includes the levying of war against the government and the giving of aid and comfort to the monarch's enemies. |
| The criminal justice Process: | The following are the basic steps: investigation, arrest, prosecution, indictment / information, arraignment, pretrial detention / bail, plea bargaining, trial, sentencing, appeals, punishment / rehabilitation. |
| DR. SHELDON: | Body type, or somatotype, refers to the idea that there are three generalized body compositions that people are predetermined to have. The concept was theorized by Dr. W.H. Sheldon back in the early 1940s, |
| ECTOMORPH: | According to Sheldon, the ectomorph personality is anxious, self-conscious, artistic, thoughtful, quiet, and private. They enjoy intellectual stimulation and feel uncomfortable in social situations. |
| ENDOMORPH: | endomorphs, who are rounded and soft, were said to have a tendency toward a “viscerotonic” personality (i.e., relaxed, comfortable, extroverted) |
| MESOMORPH: | may be prone to aggressive or obnoxious behavior. According to Sheldon's somatotypes, most criminals are mesomorphs. Sheldon stated that the muscular appearance of a mesomorph can be seen as intimidating, |
| Freud | many criminals were driven by unconscious guilt which preceded the crime and led to a need for punishment.asserts that the cause of crime lies not within a broad topic like society or nature, but in the individual. 1916 |
| Merton | When an individual has internalized a goal and the legitimate means of achieving that goal are blocked, the individual is under pressure to resort to illegitimate means to achieve the goal. |
| Sampson | age-graded theory, which stated, in short, that criminal behavior may largely be determined by unstable transitions in individuals' lives |
| Laub | an offender persists in crime due to a lack of social controls, a lack of routine and structure, and intentional choice. 1993 |
| Freud PT2: | In 1923, Freud formed an idea that the theoretical human mind had three elements that conceptually make up 'The Psyche'. Id (instincts), Ego (reality) and Superego (morality) are not tangible physical areas within the brain, |
| Id, ego, super ego | id is the impulsive part that is driven by pleasure and repulsed by pain, the superego is the judgmental and morally correct part of your personality, and the ego is the conscious part of your personality that mediates between the id and the superego |
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