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Intro to Criminal Justice
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69
Criminology
Undergraduate 1
10/11/2009

Additional Criminology Flashcards

 


 

Cards

Term
Cesare Beccaria
Definition
18th century social philosopher, argued against the use of torture & capital punishment
Term

The “wedding cake” model of justice


Definition


·              
Divides crimes into levels of seriousness and notoriety of the crime

                        1.            Level I

·               Includes celebrated cases

                        2.            Level II

·               Includes serious felonies

                        3.            Level III

·               Includes less serious felonies

                        4.            Level IV

·               Includes misdemeanors

Term
criminal justice system
Definition

 society formally controls, manages, and directs human behavior; 

main components: law enforcement, courts, corrections

Term
branches of government and functions
Definition

legislative: creates/enacts the law

executive: enforces the law, day to day operations of justice agencies; Pres. is head

judicial: interprets the law; makes common law through judicial decisions (stare decisis)

Term
formal criminal justice process
Definition

1.   Initial contact

                        2.            Investigation

                        3.            Arrest

                        4.            Custody

                        5.            Charging

                        6.            Preliminary hearing/grand jury

                        7.            Arraignment

                        8.            Bail/detention

                        9.            Plea bargaining

                        10.            Trial/adjudication

                        11.            Sentencing/disposition

                        12.            Appeal/postconviction remedies

                        13.            Correctional treatment

                        14.            Release

                        15.             Postrelease

Term
police officer role in CJ system
Definition

gatekeeper:

1. initial contact

2. investigation

3. arrest

4. custody

Term
arrest
Definition

 A legal arrest occurs when:

  •   The officer has probable cause
  •   The officer deprives an individual of their freedom
  •  The suspect has lost the liberty to voluntarily leave    


Term
An arrest can be made when
Definition


  • An officer witnesses a crime
  • An officer has probable cause based on the statement of another individual
  •  An arrest warrant has been issued

Term
arrest warrant
Definition
court order empowering police to arrest and bring the named person before the court; based on probable cause
Term
nolle prosequi
Definition

the decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy

Term
arraignment
Definition

 Formal charges are read, the defendant is informed of constitutional rights, initial plea is entered, a trial date is set, and bail issues are addressed.

Term
crime control perspective
Definition

a model of criminal justice that emphasizes the control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime

Term

criminal justice process

Definition
the steps the offender takes from initial investigation, through trial, sentencing, and appeal
Term

due process perspective

Definition
 a model of criminal justice that emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings
Term

in presence requirement 

Definition
a police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. To make an arrest for a crime he did not witness, the officer must obtain a warrant
Term

justice perspective

 

Definition
the core of the justice perspective is that all people should receive the same treatment under the law as any effort to distinguish between criminal offenders will create a sense of unfairness that can interfere with readjustment to society.
Term

nonintervention perspective 

Definition
a model of criminal justice that favors the least-intrusive treatment possible: decarceration, diversion, and decriminalization
Term

rehabilitation perspective

Definition
 a model of criminal justice that sees crime as an expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyle through conventional endeavors
Term
liberal feminist theory
Definition
an ideology holding that women suffer oppression, discrimination, and disadvantage as a result of their sex. Calls for gender equality in pay, opportunity, child care, and education
Term

chronic offenders

Definition
 delinquents arrested five or more times before the age of eighteen who commit a disproportionate amount of all criminal offenses
Term

self-report survey

Definition
a research approach that questions large groups of subjects, typically high school students, about their own participation in delinquent or criminal acts
Term

three strikes laws

Definition
sentencing codes that require that an offender receive a life sentence after conviction for a third felony. 
Term
public order crimes
Definition
behaviors considered illegal because they run counter to existing moral standards
Term
general deterrence
Definition
crime control policy that depends on the fear of criminal penalties; (long prison sentences for violent crimes) aimed at convincing the potential law violator that the pains associated wit the crime outweigh the benefits
Term
choice theory
Definition
crime is a rational choice based on free will; in order to deter crime, punishment must be swift, certain and severe
Term
specific deterrence
Definition

punishment severe enough to convince convicted offenders never to repeat their criminal activity

Term

critical criminology

Definition
the view that crime results from the imposition by the rich and powerful of their own moral standards and economic interests on the rest of society
Term

latent trait theories

Definition
a view that human behavior is controlled by a master trait, present at birth or soon after, which influences and directs behavior
Term

social learning theory

Definition
the view that human behavior is learned through observation of human social interactions, either directly from those in close proximity or indirectly from the media
Term

strain theory

Definition
reflects the idea that the emotional turmoil and conflict when people believe they cannot achieve their desires and goals through legitimate means causes unproductive behavior 
Term

victim precipitation

Definition

the role of the victim in provoking or encouraging criminal behavior

Term

Lifestyle theory


Definition
 There are aspects of a person’s lifestyle that may increases their risk of victimization.
Term
actus reus
Definition
an illegal act, or failure to act when legally required
Term
criminal law
Definition

the body of rules that defines crimes, sets out their punishments, and mandates the procedures for carrying out the criminal justice process

Term
criminal negligence
Definition

liability that can occur when a person's careless and inattentive actions cause harm

Term
ex post facto law
Definition
 a law that makes an act criminal after it was committed or retroactively increases the penalty for a crime
Term

excuse defenses 

Definition
a defense in which a person states that his or her mental state was so impaired that he or she lacked the capacity to form sufficient intent to be held criminally responsible
Term

justification 

Definition

a defense for a criminal act claiming that the criminal act was reasonable or necessary under the circumstances

Term

mala in se 

Definition
in common law, offenses that are from their own nature evil, immoral, and wrong. Mala in se offenses include murder, theft, and arson
Term
mens rea
Definition
a guilty mind. The intent to commit a criminal act
Term

procedural criminal law 

Definition
those laws that set out the basic rules of practice in the criminal justice system.
Term

strict liability crime

Definition

a criminal violationusually one that endangers the public welfarethat is defined by the act itself, irrespective of intent

 

Term

stare decisis

Definition
to stand by decided cases. The legal principle by which the decision or holding in an earlier case becomes the standard by which subsequent similar cases are judged
Term

substantive criminal law 

Definition
a body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct
Term
recklessness
Definition
the choice of a person who is aware, or should be aware, of the potentially harmful consequences of his behavior, to engage in the behavior, regardless of the regardless of the risk to others 
Term
First Amendment
Definition

Freedom of: religion, speech, press, assembly, petition the gov't for redress of grievances

 

Be able to apply it!

Term
Second Amendment
Definition
Right to bear arms
Term
Third Amendment
Definition
Right to be free from the obligation to house soldiers in wartime or peace time. 
Term
Fourth Amendment
Definition

Freedom from UNREASONABLE search & seizures; no warrant without probable cause.

 

Be able to apply it. 

Term
Fifth Amendment
Definition

Freedom from:

double jeopardy;

the obligation to be a witness against oneself;

capital punishment except in cases of infamous crimes;

the taking of private property without just compensation; and

deprivation of life, liberty or property without due process of law

 

Be able to apply it!  Hint: We just read a case in class that was partially based on this Amendment!

Term
Sixth Amendment
Definition

Right to:

speedy trial;

impartial jury; 

informed of the charges;

confront witness against you; 

to have witness in your favor; and

assistance of Counsel for your defense.

Term
Seventh Amendment
Definition
Any controversy in excess of $20, may have a trial by jury
Term
Eighth Amendment 
Definition

No excessive bail or excessive fines; 

no cruel or unusual punishments.

Term
Ninth Amendment 
Definition
Any right not specifically named in the Constitution is preserved
Term
Tenth Amendment
Definition
Any power not specifically given to the federal govt is given to the state govt
Term

cybercrime

Definition
illegal behavior that targets the security of computer systems and/or the data accessed and processed by computer networks
Term

cyberterrorism

Definition
an attack against an enemy nation’s technological infrastructure
Term

Department of Homeland Security (DHS)-

Definition
federal agency responsible for preventing terrorist attacks within the United States, reducing America’s vulnerability to terrorism, and minimizing the damage and recovering from attacks that do occur
Term
phishing
Definition
slang for the processes used to acquire personal information used for identity theft and other fraudulent activities
Term
terrorism
Definition
premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents
Term

USA Patriot Act (USAPA)

 

Definition

the law designed to grant new powers to domestic law enforcement and international intelligence agencies in an effort to fight terrorism; some say it violates First Amendment Rights;

passed Oct, 26, 2001

Term
terrorist
Definition
uses criminal and violent acts to influence an audience beyond the immediate target
Term
guerilla
Definition
irregular military band located in rural areas that attack military, policy and govt target
Term
revolutionary terrorist
Definition
use violence to frighten those in power and their supporters; goal is to replace existing govt with regime that holds acceptable views
Term
nationalist terrorist
Definition
promote interests of a minority group that believes it has been persecuted under majority rule and wants to carve out its own homeland
Term
retributive terrorists
Definition
fight for a cause with people anywhere whose ideology or religion they find objectionable
Term
trojan horse
Definition
type of cybervandalism that seems to be a benign, or harmless application but actually contains codes that can ruin system operations
Term
salami fraud 
Definition
type of cybercrime where small amounts of money are subtracted from customers' accounts and added to the account of the thief
Term
cyberespionage
Definition
cyberterrorism involving hacking secure computer networks at the enemy's most sensitive military bases, defense contractors and aerospace companies to steal important data or access their defenses
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