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Intro to CRJ

Chap. 1-4

Crime A specific act of commission or omission in violation of the law, for which a punishment is prescribed.
Public Policy Policies developed by government as to the ways public resources will be used to deal with issues affecting society.
Crime Control Model (Herbert Packer) Assumes freedom is so important that every effort must be made to repress crime; emphasizes efficiency, speed, finality, and capacity to apprehend, try, convict, and dispose of a high proportion of offenders.
Due Process Model (Herbert Packer) Assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; it emphasizes the adversarial process, the rights of defendants, and formal decision-making processes.
Mala In Se Offenses that are wrong by their very nature
Mala Prohibita Offenses prohibited by law but not wrong in themselves.
Occupational Crime Criminal offenses committed through opportunities created in a legal business or occupation.
Organized Crime Framework for the perpetration of criminal acts.
Money Laundering Transferring proceeds of criminal activities through a maze of businesses, banks, and brokerage accounts to disguise their origin.
Visible Crime Often called "street crime." An offense against persons or property. Usually committed by lower class. Most upsetting to the public.
Victimless Crime Offenses involving a willing and private exchange of illegal goods or services that are in strong demand. Participants of crime are willing, but the crime is prosecute on the ground that society as a whole is being injured.
Political Crime Criminal acts either by the government or against the government that are carried out for ideological, or moral, purposes. Such as: treason, espionage, etc.
Dark Figure of Crime Metaphor that emphasizes the dangerous dimension of crime that is never reported to the police.
Uniform Crime Reports (UCR) An annual statistical summary of crimes reported to the police.
Felonies Crimes punishable from at least one year to life or the death penalty.
Misdemeanors Less serious crimes that are punishable by less than one year in jail or community service.
Criminal Justice system can best be seen as what? A social system.
Who is most likely to be victimized? A minority male from 14-24yrs old that lives in a poor area.
What are the economic costs for crime per year? $105 billion dollars.
What are the psychological costs for crime per year? $450 billion dollars.
What are the costs of operating the justice system per year? $185 billion dollars.
Classical Criminology (Cesare Baccaria) -Believed criminal behavior is rational -People choose to commit a crime after weighing costs and benefits -Fear of punishment keeps people in check. -Punishment should fit the crime, not the person who committed it. -Laws should be predictable.
Positivist Criminology -Human behavior is controlled by physical, mental, and social factors, not free will. -Criminals are different from non-criminals. -Science can be used to find causes and treatments.
Biological Explanations (Cesare Lombroso) Emphasize physiological and neurological factors that may predispose a person to criminal behavior
Criminogenic Factors thought to bring about criminal behavior in an individual.
Psychological Explanations Emphasize mental processes and behavior. Criminal behavior is a result of mental deficiencies.
Sociological Explanations Emphasize social conditions that cause criminal behavior.
Social Structure Theories Blames crime on the existence of a powerless lower class that lives with poverty and deprivation and often turns to crime in response.
Anomie Breakdown and disappearance of the rules of social behavior.
Social Process Theories Views criminality as normal behavior. Everyone has potential to become a criminal. Depends on: 1). Influences that impel one toward or away from crime 2). How one is regarded by others.
Learning Theories Criminal behavior is learned, just as legal behavior is learned.
Theory of Differential Association Believes people become criminals because they encounter more influences that lead them to believe that criminal behavior is acceptable than influences that are hostile towards criminal behavior.
Control Theories Criminal behavior is a result of broken bonds that tie an individual to society.
Labeling Theories Criminal behavior is a result of the social process that labels an individual as a criminal or a deviant.
Social Conflict Theories Believes that law and the justice system are primarily a means of controlling the lower class and the poor.
Federalism The division of power between state and federal government.
Filtering Process Process by which criminal justice officials screen out some cases while advancing others to the next level of decision making based on severity or precedence.
Life Course Explanations Factors that contribute to the halt of criminal behavior due to certain factors that may include: marriage, military involvement, employment, etc.
Dual Court System Consists of a separate judicial structure for each state as well as a national structure.
Adjudication Process by which a defendant is found guilty or not guilty.
Indictment Formal charge that states specific crime an individual is being charged for.
Disparity Unequal treatment of one group by the criminal justice system due to legitimate factors such as statistics.
Discrimination Unequal treatment of one group due to race, ethnicity, gender, sexual orientation, etc.
Civil Law Law regulating relationships between or among individuals or groups, usually involving property, contract, or business disputes.
Substantive Law Law that defines the acts that are subject to punishment and specifies the punishment for such offenses.
Procedural Law Defines the steps to how the law should be enforced.
Common Law Originated in England. The use of previous cases to make decisions on newer, similar cases.
Constitutions Basic laws of a country defining structure of government.
Statutes Laws passed by legislatures.
Case law Court decisions that have the status of law and serve as precedents for future decisions.
Administrative Regulations Rules made by government agencies to implement specific public policies in areas such as public health, environmental protection, and workplace safety.
How many principles of criminal law are there? 7
1). Legality Law that defines the specific action as a crime.
2). Actus Reus Act of either commission or omission
3). Causation relationship between an act and harm suffered.
4). Harm Damage done to legally protected value such as a person, property, etc.
Inchoate Offense Act deemed criminal because it does harm that the law seeks to prevent. Ex.- Hiring a hitman to kill someone.
5). Concurrence Intent and act being present at the same time.
6). Mens Rea Intent. Guilty state of mind. Essential to establishing criminal responsibility.
7). Punishment Consequence for breaking law. Enforced by government.
What are the three elements of a crime? Actus Reus, Mens rea, and the attendant circumstances.
Malice Aforethought Distinguishes murder from manslaughter. Indicates that premeditation, deliberation, and malice, the willful killing of another person, is present.
Strict Liability Obligation or duty that when broken is considered criminal, usually applied to regulations involving health and safety.
8 Defenses: Entrapment Self-Defense Necessity Duress Intoxication Mistake of Fact Insanity Immaturity
Entrapment Individual was induced by police to commit criminal act. Must prove that the crime would have not been committed if police officer was not present.
Self-Defense Level of force must be equal to perception of threat.
Necessity When people break the law to save themselves or prevent some greater harm.
Duress When someone commits a crime when coerced by another person. Ex.-Putting a gun to someones head.
Immaturity When a child under age 7 is not responsible for their actions because mens rea is not present and they do not know better.
Mistake of Fact When a person is unaware of certain circumstances that proves there is no mens rea.
Intoxication Only applicable when a person is tricked into consuming a substance and they commit a crime.
Insanity Must prove that they were not mentally capable of knowing their actions were wrong or considered criminal.
Procedural Due Process Constitutional requirement that all people be treated fairly and justly by government officials.
14th Amendment Barred states from violating citizens' due process of law.
4th Amendment Unreasonable search and seizure.
5th Amendment Protects from self-incrimination and double jeopardy.
6th Amendment Right to a fair and speedy trial.
8th Amendment Bars excessive bail, excessive fines, and cruel and unusual punishment.
Double Jeopardy Attempting to prosecute a person more than once in the same jurisdiction for the same crime.
Fundamental Fairness Legal doctrine that supports the idea that so long as a state's conduct maintains basic standards of fairness, the Constitution has not been violated.
Incorporation Extension of the due process clause to be part of the first 10 amendments.
Exclusionary Rule Illegally obtained evidence must be excluded from trial.
Created by: jessicaleeray