Term
| What is the age group most likely to offend? |
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Definition
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Term
| What age group is most likely to be a victim of crime? |
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Definition
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Term
| Gender most likely to offend? |
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Definition
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Term
| Gender most likely to be victim? |
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Definition
Assault- Men
Sexual Assault -Female |
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Term
| Race most likely to be a victim of VIOLENT crimes? |
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Definition
1)African American
2)Hispanics
3)White
4)Asian |
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Term
| Race most likely to commit white collar crimes? |
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Definition
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Term
| What race has the lowest rate of victimization? |
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Definition
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Term
| Low income citizens are ... |
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Definition
| Most likely to commit crimes and be victim of crimes compared to high or middle income citizens |
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Term
| 3 Types of mala in se offenses |
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Definition
1) offenses against property
2)Offenses against people
3) offenses against public order |
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Term
| 4 types of offenses against property |
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Definition
1) vandalism
2) burglary
2) larceny
4) arson |
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Term
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Definition
| unlawful entry into a buliding with purpose of committing a crime inside. Most do it for theft but it can also be for assault. |
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Term
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Definition
| Most serious crime in the United States. Taking the Property of another person with intent of depriving the owner. If force is used however it is considered robbery. If deceit or trickery is used it becomes fraud, forgery, or embezzlement. There has to be intent to deprive the owner. example: stealing bikes, stealing wallets, shop lifting |
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Term
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Definition
| Combination of two crimes larceny (theft) and assault. Robbery is punished according to the amount of force. |
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Term
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Definition
1) simple assault- Intent to injure someone (ex bar fight) Punished as a misdemeanor
2) Aggravated assault- Most common crime of violence in us. attempting to severely injure someone (ex can't see anymore or kidney gone) Punished as a felony. |
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Term
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Definition
1) rape-sexual intercourse without effective consent
2) often used to talk about homosexual rape (forced vaginally, orally, anally)
3) non forcible sexual intercourse with a minor |
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Term
| Sexual offenses : Effective consent is not present if... |
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Definition
| a minor, mentally ill, mentally retarded, or physically helpless |
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Term
| Two ways in which intentional killing may be punished as manslaughter instead |
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Definition
1) heat of passion killings: only when offender responds without time to cool off, usually in relationships, battered woman syndrome. This plea will only reduce the sentence not exclude it.
2)Self defense: when a person kills another when they are trying to defend themselves |
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Term
| Two ways to classify criminal homocide |
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Definition
1) murder- someone has the intent to kill somebody
2) manslaughter- killing someone through reckless behavior or negligence |
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Term
Manslaughter
1) recklessness
2) negligence
3) gross negligence |
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Definition
1) conscious disregard of a substantial and unjustifiable risk
2) failure to be aware of risk, usually in a civil court case cause they are
unaware
3) the middle ground between negligence and recklessness. mostly used in car accidents where actions are not severe enough to seem reckless but more blame worthy |
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Term
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Definition
| When committing a felony someone dies because of it (ex person gets robbed and dies because of shock) |
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Term
| Types of malaprohibita crimes |
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Definition
1) victim less crimes
2) political crimes
3) regulatory offenses |
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Term
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Definition
| offenses against morality involving consensual acts between he offender and the victim ex- gambling, prostitution, drug offenses |
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Term
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Definition
| acts viewed as a threat to the gov't ex- espionage (selling secrets to to other governments), bribery, treason |
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Term
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Definition
| acts viewed as a threat to the public, health, safety, and welfare. Example: inadequate food and drug labeling or usage warnings |
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Term
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Definition
| form of conduct that society has deemed illegal, and a law has passed against it to make it a crime |
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Term
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Definition
1) violation of social norms, doing something bad but no law against it so not a crime yet
3) acceptable bheavior |
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Term
1) mala pro hibita
2) mala in se |
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Definition
1) acts that are viewed as not that bad only illegal cause someone has passed a law against it
5) evil onto themselves, basically everyone can agree these are awful crimes |
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Term
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Definition
| enforcing the law by apprehending violators protecting citizens as well as educating the public. |
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Term
| Basic types of jurisdiction |
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Definition
1) limited jurisdiction
2) general jurisdiction
3) appellate jurisdiction |
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Term
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Definition
| lowest level, only for certain types of disputes (fam courts, municipal, tax courts) |
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Term
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Definition
| referred to as trial courts, or in VA circuit courts, cases over $15,000. They actually have juries. |
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Term
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Definition
| Highest level of jurisdiction, appeals court (individual doesn't like the outcome they appeal it) In the US it is the Supreme Court. They can choose to not hear a case! Then the original decision still stands. |
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Term
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Definition
| seeking justice through lawless violence, taking the law into your own hands |
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Term
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Definition
| global phenomenon- no society has not reported problems with crime and what to do with offenders, but there is a huge variation among crime rates |
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Term
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Definition
| code that categorizes all crimes and punishments by type |
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Term
1) Felonies
2) Misdemeanors
3) Prisons
4) Jails |
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Definition
1) serious crimes that are punishable by incarceration for more then one year
2) less serious crimes that are punishable for up to one year or less
3) one year or more
4)less then a year operated by locality |
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Term
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Definition
| after we realized that we could not use religion to guide us |
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Term
| Due process VS criminal control |
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Definition
| Due process is the right to be treated fairly under the law and in a speedy way. Everyone has a a right to a fair trial and is used to protect individuals. Criminal control says that it is better to put ten innocent people in jail then let one guilty person go. Due process is the opposite of this. |
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Term
1) Criminalization
2) Decriminalization |
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Definition
1) the legislative decision to make a behavior a crime
2) the legislative decision to change a crime int o a non criminal act |
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Term
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Definition
| The management of the police, courts, and corrections. Also studying the cause of and treatment of crimes. |
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Term
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Definition
| Uniform crime reports, an annual complication by the FBI of all crimes reported to the police in the United States. |
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Term
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Definition
| National Crime Victimization Survey looks at crimes that may not have been reported, more extensive survey then UCR, but only looks at a sample of the population. |
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Term
| 5 acts that can incur criminal liability |
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Definition
1) status
2) sufficiency
3) omission
4) voluntariness
5) possession |
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Term
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Definition
| to be charged the crimes committed must have happened voluntarily and while conscious. Also they look at if it was an accident or malicious intent. |
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Term
Possession
-constructive possession
-actual possession |
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Definition
-have the opportunity to have control over the object, something near you
-condition in which you actually have possession over it |
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Term
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Definition
charged with criminal act if they fail to do what they are suppose to
(ex-not obyeing traffic laws, failure to file income tax returns, being racist and not giving cpr to a certain race) |
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Term
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Definition
| was there sufficient amount of evidence and was there a guilty mind? ex- cop sees car pulled over with a guy drunk it. He arrests him but this is overturned because he was parked and they don't know if he had been drunk driving at all. |
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Term
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Definition
| Just because you are an addict doesn't mean you buy or sell drugs. Or someone is addicted to narcotics but this does not mean he is addicted but that he is ill and one can not be arrested for being ill. He can be charged for buying, selling, possessing but not just for being an addict. |
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Term
| Three elements of a criminal act |
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Definition
1) mens rea
2) actus reas
3) attendant circumstances |
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Term
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Definition
| conscious decision to commit a crime! Having the intent and guilty mind |
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Term
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Definition
| the act itself (pulling out a gun) |
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Term
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Definition
| circumstances that determine who is accountable or if you hold someone accountable |
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Term
| Where did we get laws from |
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Definition
| The brits! There wasn't really anything written. Individuals should be treated fairly. Common law: the unrecorded decision made by English judges in the middle ages reflecting vales customs and beliefs of this period |
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Term
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Definition
| Formal rules designed to maintain social control |
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Term
| Four sources of criminal law? |
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Definition
1) constitution
2) statues
3) administrative regulations
4) case law |
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Term
Statues
-ordinances (where are they located in?) |
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Definition
the specific laws passed by state legislatures or the US Congress that prohibit or mandate certain acts
-laws that apply only to a specific county city or town (criminal code or penal code) |
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Term
1)Case law
-precedents (what did it use to be called) |
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Definition
1) court decisions they determine their applicability to a given case or to clarify their meaning
-previous court decisions that are followed in current cases to ensure consistency in the application of the law. Occasionally broken by judges because of changing social views. (use to be called stare decisis) |
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Term
| Administrative Regulations |
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Definition
| rules applied to organizations that are designed to protect public health, safety, and welfare in the market place |
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Term
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Definition
| precise definition for what robbery is. Looking at one specific law |
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Term
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Definition
| procedures that must be followed once the person has been arrested |
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Term
| civil law vs criminal law |
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Definition
civil law is against two parties (ex land dispute against two people)
criminal law is against the state, ruled to maintain social control
the difference is the object. Civil is to get compensation, criminal is to actually get punishment/time in jail thing |
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Term
| Four general explanations for crime |
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Definition
1) structural
2) positivism
3)classical
4) ethical |
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Term
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Definition
| crime results from free will. "I choose to become a criminal" One would hope that the punishment would out weight the crime though thats what they attempt to do. |
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Term
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Definition
-rules are made to make people that are rich and wealthy stay rich and wealthy
-"i'm not really an offender but they want to label me that way" |
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Term
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Definition
| If the person lacks ethics they enjoy doing the crime! They have no problem fucking someone over. |
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Term
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Definition
Looking at
-biological
*lombroso: says that there are physical attributes and types of skulls for people who commit crime. They have a certain size and appearance.
-psychological
look at if they are an introvert/extrovert, mental illness, drunk or alcohol abuse runs in the fam, low iq
-sociological
-crime is learned! (may think it's acceptable behavior.
-individual commits the crimes because they don't have the means to have what society values |
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Term
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Definition
| theory that crime results from lack of access to legitimate means for achieving goals |
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Term
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Definition
| created by Becker view that adjucting a juvenile as a delinquent encourages future delinquency through a negative public identity or changed self image |
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Term
| Routine activities theory |
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Definition
created by Felson. He says that criminal events are a result of a comination of things
-having someone who is motivated and wants to offend
-having a suitable target
-the absence of a capable guardian to intervene |
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Term
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Definition
These theories attempt to explain why offenders may commit crimes in some situations but others may not examining how the circumstances effect them
-routine activities theory |
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Term
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Definition
| Sutherland made this which argued that person becomes a criminal or delinquent when he or she associates more with people who condone violation of the law. Everyone is exposed to law breaking but it depends on the proportions. |
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Term
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Definition
| criminal law reflects a society's consensus regarding behavior that is harmful enough to warrant govt intervention |
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Term
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Definition
| the view that an act becomes a crime only when it serves the interest of those in position or power Protecting the property interests of the ruling class. |
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Term
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Definition
| authority of a state county or city to apply its own laws within its own territory |
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Term
| what does the tenth amendment do? |
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Definition
| it allows the states to pass laws, "police power" |
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Term
State of mind requirement, are they criminally responsible
1)Reasonableness standard
2)Intention |
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Definition
What would a reasonable person do? You understand the consequences therefore you should be held accountable.
1)Children and mentally ill are generally not held culpable because of their inability to reason effectively.
2)I committed a crime and that was my intent all along |
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Term
| another thing that separates civil and criminal law |
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Definition
| criminal law requires a guilty mind (mens rea) |
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Term
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Definition
| they need to be sane in order to be held responsible. They also need to be sane at the time of the trial,you can put of the trial until they are sane again. Not used very often (2%) |
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Term
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Definition
1) self defense
2) defense of others
3) defense of property |
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Term
| Five defenses involving justification or excuse |
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Definition
1) duress
2) ignorance of law
3) mistake of law
4) necessity
5) entrapment |
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Term
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Definition
| the law of officers over step their boundaries. If they didn't get involved the crime would never have been committed. |
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Term
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Definition
| defense is that the law is not widely known and that the person could not have been expected to be aware |
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Term
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Definition
| defense in which a person claims that honest ignorance rules out the presense of a guilty mind (ex accidentally taking a purse that looks similar to yours) |
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Term
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Definition
must have three things
1) must be engaged because of the threat of themselves or others
2) threat must be immediate
3) must not be any possible escape |
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Term
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Definition
| You were drunk at a bar and someone tries to accost you so you drive away (necessity. Must feel like you need to do it. |
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Term
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Definition
1) guilty
2) not guilty
3) nonlocendra ( no contest, probably enough evidence to convict you but you aren't guilty)
4) not saying anything at all |
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Term
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Definition
| -officer can not do a serach or seizure without probable cause. A link between a specific person and a crime. Gotta have an arrest warrant. To get an arrest warrant you need to go to a judge |
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Term
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Definition
| Bench trial meaning the judge decides everything, juries are when a group of 14-16 random individuals are picked to decide the outcome. If they don't charge them they say not enough evidence (no bill.) Mostly in high profile cases. |
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Term
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Definition
| Came up with what a stop and frisk is and if there is reasonable suspicion. When a police officer stops you they can pat you down over the clothing. In this case a police officer observed three men out of a store. He starts to ask they questions and only got mumbles as responses so then he frisked them and found guns. Frisk- patting down. Search-exploration of evidence (actually opening up a backpack which requires a warrant) |
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Term
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Definition
| This applies to the fourth amendment. Police were tipped that Mapp's house was hiding a person that had made bombs. She said they could not come in because they did not have search warrant. They then showed up later with a fake search warrant. Not finding anything relating to the bombs... but explicit pornographic material they arrested her. However, this was ruled to be unethical because they gained the evidence ILLEGALLY (the exclusionary rule-illegally seized evidence must be excluded from trials) |
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Term
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Definition
| If the police have a serach warrant they need to knock before entering. If they aren't home they can then enter/no answer. However, if they think there is a chance the evidence is being destroyed they can forcibly enter. |
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Term
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Definition
| Man was suspicious of robbing coins from a bank. Police went to his house and wife told them to wait for him. They then began searching the entire house. This was proved as wrong. Police can only search you or anything that you can touch for safety of the police officers. Violated the fourth amendment. |
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Term
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Definition
| If the officer asks for permission and you gave your consent he can search it |
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Term
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Definition
| This is the case that made it so you do not need a warrant to search a car if you're driving it. Guy was driving around a lot of whiskey. |
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Term
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Definition
| Police flew an airplane over private property at 1,000 feet in response to an anonymous tip that marijuana was being grown in the yard. They found it. They tried to say that it was not in plain site but they still got charged. |
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Term
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Definition
| A women told an officer she had been raped described the man and what he looked like and where he was. The officer then went to him and arrested him found an empty holister asked where the gun was and he said over there. created the public safety exception-police may omit Miranda warning prior to questioning a suspect when public safety is jeopardized |
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