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Intro to CRJ
Chap. 1-4
| Question | Answer |
|---|---|
| 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. |
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