Chap. 1-4
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
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| Crime | A specific act of commission or omission in violation of the law, for which a punishment is prescribed.
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| Public Policy | Policies developed by government as to the ways public resources will be used to deal with issues affecting society.
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| 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.
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| 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.
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| Mala In Se | Offenses that are wrong by their very nature
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| Mala Prohibita | Offenses prohibited by law but not wrong in themselves.
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| Occupational Crime | Criminal offenses committed through opportunities created in a legal business or occupation.
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| Organized Crime | Framework for the perpetration of criminal acts.
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| Money Laundering | Transferring proceeds of criminal activities through a maze of businesses, banks, and brokerage accounts to disguise their origin.
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| Visible Crime | Often called "street crime." An offense against persons or property. Usually committed by lower class. Most upsetting to the public.
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| 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.
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| 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.
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| Dark Figure of Crime | Metaphor that emphasizes the dangerous dimension of crime that is never reported to the police.
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| Uniform Crime Reports (UCR) | An annual statistical summary of crimes reported to the police.
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| Felonies | Crimes punishable from at least one year to life or the death penalty.
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| Misdemeanors | Less serious crimes that are punishable by less than one year in jail or community service.
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| Criminal Justice system can best be seen as what? | A social system.
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| Who is most likely to be victimized? | A minority male from 14-24yrs old that lives in a poor area.
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| What are the economic costs for crime per year? | $105 billion dollars.
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| What are the psychological costs for crime per year? | $450 billion dollars.
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| What are the costs of operating the justice system per year? | $185 billion dollars.
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| 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.
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| 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.
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| Biological Explanations (Cesare Lombroso) | Emphasize physiological and neurological factors that may predispose a person to criminal behavior
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| Criminogenic | Factors thought to bring about criminal behavior in an individual.
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| Psychological Explanations | Emphasize mental processes and behavior. Criminal behavior is a result of mental deficiencies.
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| Sociological Explanations | Emphasize social conditions that cause criminal behavior.
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| 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.
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| Anomie | Breakdown and disappearance of the rules of social behavior.
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| 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.
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| Learning Theories | Criminal behavior is learned, just as legal behavior is learned.
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| 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.
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| Control Theories | Criminal behavior is a result of broken bonds that tie an individual to society.
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| Labeling Theories | Criminal behavior is a result of the social process that labels an individual as a criminal or a deviant.
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| Social Conflict Theories | Believes that law and the justice system are primarily a means of controlling the lower class and the poor.
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| Federalism | The division of power between state and federal government.
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| 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.
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| Life Course Explanations | Factors that contribute to the halt of criminal behavior due to certain factors that may include: marriage, military involvement, employment, etc.
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| Dual Court System | Consists of a separate judicial structure for each state as well as a national structure.
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| Adjudication | Process by which a defendant is found guilty or not guilty.
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| Indictment | Formal charge that states specific crime an individual is being charged for.
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| Disparity | Unequal treatment of one group by the criminal justice system due to legitimate factors such as statistics.
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| Discrimination | Unequal treatment of one group due to race, ethnicity, gender, sexual orientation, etc.
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| Civil Law | Law regulating relationships between or among individuals or groups, usually involving property, contract, or business disputes.
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| Substantive Law | Law that defines the acts that are subject to punishment and specifies the punishment for such offenses.
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| Procedural Law | Defines the steps to how the law should be enforced.
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| Common Law | Originated in England. The use of previous cases to make decisions on newer, similar cases.
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| Constitutions | Basic laws of a country defining structure of government.
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| Statutes | Laws passed by legislatures.
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| Case law | Court decisions that have the status of law and serve as precedents for future decisions.
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| Administrative Regulations | Rules made by government agencies to implement specific public policies in areas such as public health, environmental protection, and workplace safety.
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| How many principles of criminal law are there? | 7
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| 1). Legality | Law that defines the specific action as a crime.
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| 2). Actus Reus | Act of either commission or omission
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| 3). Causation | relationship between an act and harm suffered.
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| 4). Harm | Damage done to legally protected value such as a person, property, etc.
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| Inchoate Offense | Act deemed criminal because it does harm that the law seeks to prevent. Ex.- Hiring a hitman to kill someone.
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| 5). Concurrence | Intent and act being present at the same time.
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| 6). Mens Rea | Intent. Guilty state of mind. Essential to establishing criminal responsibility.
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| 7). Punishment | Consequence for breaking law. Enforced by government.
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| What are the three elements of a crime? | Actus Reus, Mens rea, and the attendant circumstances.
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| Malice Aforethought | Distinguishes murder from manslaughter. Indicates that premeditation, deliberation, and malice, the willful killing of another person, is present.
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| Strict Liability | Obligation or duty that when broken is considered criminal, usually applied to regulations involving health and safety.
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| 8 Defenses: | Entrapment
Self-Defense
Necessity
Duress
Intoxication
Mistake of Fact
Insanity
Immaturity
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| 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.
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| Self-Defense | Level of force must be equal to perception of threat.
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| Necessity | When people break the law to save themselves or prevent some greater harm.
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| Duress | When someone commits a crime when coerced by another person. Ex.-Putting a gun to someones head.
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| 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.
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| Mistake of Fact | When a person is unaware of certain circumstances that proves there is no mens rea.
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| Intoxication | Only applicable when a person is tricked into consuming a substance and they commit a crime.
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| Insanity | Must prove that they were not mentally capable of knowing their actions were wrong or considered criminal.
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| Procedural Due Process | Constitutional requirement that all people be treated fairly and justly by government officials.
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| 14th Amendment | Barred states from violating citizens' due process of law.
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| 4th Amendment | Unreasonable search and seizure.
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| 5th Amendment | Protects from self-incrimination and double jeopardy.
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| 6th Amendment | Right to a fair and speedy trial.
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| 8th Amendment | Bars excessive bail, excessive fines, and cruel and unusual punishment.
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| Double Jeopardy | Attempting to prosecute a person more than once in the same jurisdiction for the same crime.
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| 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.
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| Incorporation | Extension of the due process clause to be part of the first 10 amendments.
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| Exclusionary Rule | Illegally obtained evidence must be excluded from trial.
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