Shared Flashcard Set

Details

Intro to Criminal Justice
Ch1-3
50
Criminal Justice
Undergraduate 1
06/11/2014

Additional Criminal Justice Flashcards

 


 

Cards

Term
Mapp vs. Ohio
Definition
  • Exclusionary Rule: forbade the use of unconstitutionally obtained evidence in federal courts
Term
Recklessness
Definition
A failure to think about a serious and obvious risk
Term
Substantive due process
Definition

law that defines the rights and duties of individuals with respect to one another. Describes what constitutes particular crimes, such as murder, rape, robbery, and assault, and specifies the appropriate punishment for each particular offense.

Term
Procedural due process
Definition

rules that define the manner in which the rights and duties of individuals may be enforced. Specify acceptable methods for dealing with violations of substance laws, especially within the context of a judicial setting.

Term
Competency Hearing
Definition
an assessment of the ability of a defendant to understand and rationally participate in a court process
Term
Entrapment
Definition
  • Excuse defense
  • An officer unlawfully persuading a citizen to commit a crime they would not commit under normal circumstances
Term
M'naghten Rule
Definition
  • Insanity test
  • at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions or, if she knew the nature and quality of her actions, she was so deranged that she did not know that what she was doing was wrong.
Term
5th amendment
Definition
 deals with the rights of accused criminals by providing for due process of law
Term
4th amendment
Definition

protects your from unreasonable searches and seizures

Term
Consensus Model
Definition
argues that the organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively. A criminal justice model in which the majority of citizen in a society share the same values and beliefs. Criminal acts are acts that conflict with these values and beliefs and that are deemed to society.
Term
Crime Control Model
Definition
a theory of criminal justice which places emphasis on reducing the crime in society through increased police and prosecutorial powers and. In contrast, The “due process model” focuses on individual liberties and rights and is concerned with limiting the powers of government.
Term
Organized Crimes
Definition
illegal behavior that is planned and carried out by groups of people in a very systematic fashion. (illegal gambling, prostitution, and drug cartels)
Term
Violent Crimes
Definition
a crime in which the offender uses or threatens to use violent force upon the victim. (murder, rape, and assault)
Term
Cyber Crimes
Definition
any crime that involves a computer and a network. (identity theft and phishing)
Term
Due Process Model
Definition
based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards
Term
Hate Crimes
Definition
a crime motivated by racial, sexual,religious, age or other prejudice, typically one involving violence.
Term
Bill of Rights
Definition
  • The first 10 amendments of the U.S. Constitution
  • Procedural safeguards found within it
Term
Mens Rea
Definition
  • guilty intent (a wrongful mental state is usually as necessary as a wrongful act to establish criminal liability)
  • Types of Mens Rea: Purposefully, Knowlingly, Criminal Negligence, Recklessly
Term
Actus Reus
Definition
criminal act (physical act that the crime took place/ an act in violation of the law)
Term
Felony
Definition
a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.
Term
Misdemeanor
Definition
  • a nonindictable offense, regarded in the US as less serious than a felony.
  • a minor wrongdoing
Term
National Incident Based Reporting System (NIBRS)
Definition
  • an incident-based reporting system used by law enforcement agencies in the United States for collecting and reporting data on crimes.
  • Local, state and federal agencies generate NIBRS data from their records management systems.
Term
Individual Rights vs. Public Order
Definition
  • Individual Rights: refer to the liberties of each individual to pursue life and goals without interference from other individuals or the government.
  • Public Order: the domain of police or other policing agencies, courts, prosecution services, and prisons—all of which make up the criminal justice system. Understand that this system is chain-linked—all elements need to work together.
Term
Uniform Crime Report (UCR)
Definition
  • Crime rate = Number of crimes/100,000 population
Term
Beyond a Reasonable Doubt
Definition
  • They must be above 95% certain that the person has committed the crime
Term
Preponderance of Evidence
Definition
  • The burden of proof is 51% certain
Term
Mala in Se
Definition

acts that are inherently wrong, regardless of whether they are prohibited by law. Ex. Murder, rape and theft

Term
Statutory Law
Definition

  • the body of law enacted by legislative bodies. Federal statutes: laws that are enacted by the U.S. Congress. State statutes: laws enacted by state legislatures, includes the ordinances passed by the state and cities.
Term
The U.S. Constitution is interpretated by who?
Definition
The U.S. Supreme Court
Term
Common Law
Definition

the body of law developed form custom or judicial decisions in English and U.S. courts ad not attributable to a legislature.

Term
Circuit
Definition

·         History: Henry II (1154-1189) sent judges on a specific route throughout the country known as a circuit. Henry II circuit judges establish a common law in England.

Term
U.S. Supreme Court
Definition
The U.S. Supreme Court is the law of the land and the final interpretor of the U.S. Constitution
Term
Precedent
Definition

a court decision that furnished an example or authority for deciding subsequent cases involving similar legal principle facts

Term
Prison and Jail populations are they going up or down?
Definition

    Incarceration rates are increasing, while crime rates are going down.

Term
Crime Trends of Females in the U.S.
Definition
women do not commit as many crimes as men
Term
Crime Clock
Definition

represents the annual ratio of crime to fixed time intervals. It should not be taken to imply a regularity in the commission of crime.

Term
Age and Crime
Definition
Crime rate higher for young people
Term
Law
Definition

consist of enforceable rules governing relationships among individuals and their society

Term
Wedding Cake Model construct
Definition
informal justice process, first layer:celebrated cases, second layer:serious felonies, third layer:less serious felonies, fourth layer:misdemeanors. Important because criminal justice officials handle individual cases differently, but there is a high level of consistency. The wedding cake model shows that often public opinion about criminal justice is formed on the the basis of what happened in an atypical case.
Term
Strict Liability Crimes
Definition

for certain crimes, criminal law holds the defendant to be guilty even if intent to commit the offense is lacking. Strict liability offenses do not require mens rea. (ex. Statutory rape or traffic laws)

Term
Are all crimes reported to the police?
Definition
  • Not all crimes are reported to police
  • Dark Figure of Crime: the crime not reported to the police. This combined with the the crimes reported to police make up all crime.
Term
Murder
Definition
the unlawful premeditated killing of one human being by another.
Term
Negligence
Definition
failure to use reasonable care, resulting in damage or injury to another.
Term
Corpus Delict
Definition
  • Latin for "the body of the crime"
  • Must be proven before a person can be convicted of wrongdoing. Proof that a specific crime has actually been committed by someone.
Term
What is the Supreme law of the land?
Definition
The U.S. Constitution
Term
A crime is an act considered to be wrong against?
Definition
Society
Term
In Re Gault
Definition
  • Juveniles are entitled to most of the procedural rights of adults
Term
Duty to retreat
Definition

you may only use deadly force if you are “backed into a wall” and must use deadly force in order to get out of the situation.

Term
Insanity
Definition

an individual whose mind was disordered because of defective mental processes at the time of committing a crime. (legal definition, not medical)

Term
Degrees of Manslaughter
Definition
  • Voluntary Manslaughter:the intentional killing of a human being committed (a)upon a sudden quarrel or in the heat of passion; or (b) upon an unreasonable but honest belief that circumstances existed that justified deadly force. (Intent to kill was present in the mind of the offender, but malice was lacking)
  • Involuntary Manslaughter: the unintentional killing of a human being committed: (a) recklessly; or (b) in the commission of , or attempt to commit, or flight form any felony, other than an inherently dangerous felony. The actions of the defendant were reckless, but there was no intent to kill.
Supporting users have an ad free experience!