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Criminal Justice & the Law Final
terms for the final Ch. 9-12
74
Criminal Justice
Undergraduate 3
05/06/2012

Additional Criminal Justice Flashcards

 


 

Cards

Term
forfeiture
Definition
taking of property by State/Fed due to its relationship to criminal activity
Term
possession of drugs
Definition
-schedules I & II felonies
-schedules III & V felonies or misdemeanor
-possession or right to exercise control over controlled substance, knowledge of presence of controlled substance, possession of usable quantity
Term
designer drug
Definition
chemical substance that has potential for abuse, designed to produce pharmacological effect, and evade controlling statutory provisions
E.G.- Roofies (Rohypnol)
Term
controlled substance
Definition
specifically defined bioactive or psychoactive chemical substance that comes under purview of the criminal law
Term
drug
Definition
any of a wide variety of substances having a physical or psychotropic effect on the human body
Term
polygamy
Definition
state of having more than one wife or husband at the same time
Term
bigamy
Definition
crime of marrying one person while still legally married to another person
Term
crime against nature
Definition
includes homosexual or heterosexual acts of anal, oral, or bestility

-"unnatural sexual behavior"
Term
adultery
Definition
sex between a male and a female, at least one of whom is married
Term
lascivious
Definition
obscene, lewd, or tends to cause lust act

-"indecent exposure"
Term
lewdness
Definition
obscene behavior

-if caught on tape...classified as porn
Term
prurient interest
Definition
morbid interest in sex
Term
obscenity
Definition
appeals to the prurient interest and lacks serious value

-not protected under 1st amendment
-Roth vs. US
Term
pandering
Definition
soliciting a person to perform an act of prostitution
Term
victimless crime
Definition
offense committed against the social values and interest represented in and protected by criminal law

Ex- prostitution, gambling, polygamy
Term
sex trafficking
Definition
recruitment, harboring, transportation, provision or obtaining of a person for purpose of commercial sext act
Term
human smuggling
Definition
illegal immigration in which an agent is paid to help a person across a national border
Term
USA Patriot Act
Definition
statue in response to 9/11 that increased federal law enforcement authority to prevent, detect, and prosecute terrorists
Term
habeas corpus
Definition
"you have the body"

-a writ challenging the legality of incarceration
Term
terrorism
Definition
commission of a traditional crime with intention of coercing a population or influencing a government through fear
Term
bribery
Definition
offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or public duty
Term
misconduct in office
Definition
act that public office holder
1) no right to perform
2) performs improperly
3) fails to perform in face of an affirmative duty to act
Term
escape
Definition
unlawful leaving of official custody w/o permission
-failure to return to custody
-prison break
Term
obstruction of justice
Definition
unlawful attempt to interfere w/ administration of the courts

-felony or misdemeanor depending on seriousness
Term
criminal contempt
Definition
deliberate conduct to obstruct or embarrass a court of law

Ex- physical assault on a judge or discussing case outside courtroom when told not to
Term
subornation of perjury
Definition
unlawful procuring of another to commit perjury
Term
sedition
Definition
crime that consists of a communication or agreement intended to defame the gov't or incite treason
Term
espionage
Definition
unlawful act of spying for a foreign gov't
Term
criminal syndicalism
Definition
use of unlawful acts as a means of accomplishing a change in industrial ownership or political change
Term
rebellion
Definition
deliberate, organized resistance by force and arms, committed by a subject of the gov't
Term
treason
Definition
attempt to overthrow the gov't of the society of which one is a member of

-specific intent crime
Term
concealed weapon
Definition
weapon that is carried on or near one's person & not discernible by ordinary observation
Term
loitering
Definition
act of delaying, lingering, or idling about w/o a lawful reason for being present
Term
vagrancy
Definition
act of going from place to place by a person who is able to work, but refuses to do so and lives on charity of others

-vagrant wanderer
Term
disturbance of public assembly
Definition
crime that occurs when one or more people act unlawfully at a public gathering to purposefully disturb the gathering
Term
lynching
Definition
taking by means of a riot, of any person from lawful custody of a peace officer
Term
rout
Definition
preparatory stage of a riot
Term
unlawful assembly
Definition
gathering of 3 or more people for purpose of doing unlawful act

-specific intent crime
Term
affray
Definition
fight b/t two of more people in a public place to the terror of others
Term
disorderly conduct
Definition
specific, purposeful, and unlawful behavior that tends to cause public inconvenience, annoyance, or alarm
Term
breach of peace
Definition
unlawful activity that disturbs peace and tranquility of the community

-includes words that could induce violence
Term
computer tampering
Definition
attempt or inserting a "program" (virus) into a computer

-may damage or destroy computer
Term
personal trespass by computer
Definition
use of computer or comp. network to cause physical injury to an individual
Term
computer trespass
Definition
use of computer w/o authority to remove data, unauthorized copy of data
Term
computer fraud
Definition
unlawful use of a computer to obtain property by a false pretense, embezzle, or commit larceny, convert property of another
Term
intellectual property
Definition
form of creative endeavor that can be protected by copyright

Ex- trade secrets, conditionality agreements
Term
looting
Definition
burglary committed during an officially declared emergency
Term
criminal mischief
Definition
intentional or knowing damage of tangible property of another

-misdemeanor
Term
criminal trespass
Definition
entering or remaining on property of another when entry was forbidden

-also failing to eave when asked to
Term
constructive entry
Definition
during a burglary, entry that occurs when the defendant cause another person to enter a structure to commit a crime for felony purposes
Term
burglary
Definition
breaking and entering of a building, locked automobiles, boat, and w/ intent to commit a felony
Term
identity theft
Definition
unauthorized use of another individual's personal identity to fraudulent obtain money, goods, or services
Term
compounding a crime
Definition
receipt of property or other valuable consideration in exchange for agreeing to not prosecute one who has committed a crime
Term
blackmail
Definition
form of extortion in which a threat is made to disclose a crime or other social disgrace
Term
extortion
Definition
taking of personal property by threat of future harm
Term
robbery
Definition
unlawful taking of property that is in immediate possession of another by force or threat or force
Term
receiving stolen property
Definition
knowingly taking possession of or control over property that has been stolen.
accepting property that receiver knew was stolen or should have
Term
criminal simulation
Definition
making of a false document or object that does not have any apparent legal significance

Ex- making false antique
Term
uttering
Definition
offering, passing, or attempted passing of a forged instrument with knowledge that the document is false and with intent to defraud
Term
forgery
Definition
making of a false written instrument or alteration to an existing one
Term
false pretenses
Definition
unlawfully obtaining title to and possession of another by means of deception w/ intent to defraud
Term
conversion
Definition
unauthorized assumption of the right of ownership
Term
embezzlement
Definition
unlawful conversion of the personal property of another by a person to whom it has been entrusted by its rightful owner
Term
claim of right
Definition
-defense

against a charge of larceny that consist of an honest belief in ownership
Term
asportation
Definition
trespassory taking and carrying away of property
Term
trespassory taking
Definition
for crimes of theft
-a taking w/o consent of the victim

Ex- fraud
Term
real property
Definition
land and fixtures
Term
intangible property
Definition
property that has no value in and of its self, but that represents value

Ex- documents, deeds, records of ownership
Term
fixture
Definition
items permanently affixed to the land

Ex- crops, minerals
Term
personal property
Definition
anything of value that is subject to ownership and that is not land or fixture
Term
tangible property
Definition
property that has physical form & can be touched

Ex- land, goods, jewelry
Term
larceny
Definition
trespassory or wrongful taking and carrying away of personal property of another w/ intent to steal
Term
acquisitive offense
Definition
a crime that involves the unlawful acquiring of someone else's property

Ex- larceny, robbery, embezzlement
Term
theft
Definition
general term including a wide variety of misconduct by which a person is unlawfully deprived of property
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