Term
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Definition
Maintain Order
Regulate Human interaction
Enforce Moral Beliefs
Define Economic Environment
Enhance Predictability
Support Powerful
Promote Orderly Social Change
Identify wrongdoers/redress wrongs
Delineate Punishment |
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| Beyond A Reasonable Doubt |
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Definition
| A lack of uncertainty. Facts are sufficient to lead a reasonable person to conclude without question that the defendant committed the act for which they are charged |
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| Secure in persons, houses, papers, and effects against unreasonable searches and seizures..no warrants..but upon probable cause...particularly describing |
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| Nor shall any person be twice put in jeopardy, nor be compelled to be a witness against himself, nor be deprived life/liberty/property without due process |
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| Speedy and public trial, by an impartial jury..be informed..of accusations...confronted with witnesses...assistance of counsel |
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| Judicial Review - Courts determine whether acts of congress were valid under the constitution |
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Definition
| No state shall abridge privileges of citizens nor deprive any person of llp without due process, nor deny equal protection of the laws |
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| Due process of 14th amendment did not encompass any of the fundamental rights enumerated in the first ten amendments. Due process determined by the gradual process of judicial inclusion and exclusion |
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Definition
| (Penal Law) A branch of modern law concerning offenses committed against society, its members, their property, and social order. Must prove offender intended the harm and is responsible for it. |
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Definition
| Governs relationship b/w parties and provides a formal way to regulate non-criminal relationships. Violations called a tort. More concerned with liability over intent |
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Definition
| The body of regulations that governments create to control the activities of businesses, industry, and individuals. |
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Definition
| Court recognizes previous decisions and precedents to guide future deliberations |
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Definition
| Serious crimes that are punishable by a year or more in prison or death. |
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Definition
| Less serious crimes that are punishable by up to a year in a local correctional facility |
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Definition
| Offenses not yet completed. Conspiracies or Attempts |
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Definition
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Term
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Definition
| Guilty Mind. Mental state related to act. Same as Motive? |
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Definition
| Act and mind come together |
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| Strict liability offenses |
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Definition
| A special category of crime that requires no culpable mental state. To protect the public, such as traffic laws, narcotics laws, health and safety regs. |
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Definition
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Definition
| I dont remember, or I cant be held accountable due to... |
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Definition
| Someone robbed me of my rights.. (entrapment, double jeopardy, selective prosecution etc) |
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Term
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Definition
| Created the Exclusionary rule. Feds must abide by the fourth amendment. No exlusionary rule for the state, only the Feds |
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Term
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Definition
| Created the Fruit of Poisonous Tree, where if base of case is tainted, all of the evidence that grew off tainted evidence is no longer acceptable. |
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Definition
| Applied the Exlusionary Rule to the Sates. |
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Definition
| 3 Prongs of taking anonymous info. Veracity, reliability, basis of knowledge. |
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Definition
| When dealing with anonymous tips, TOC, totality of circumstances. Have to be flexible enough to allow police to use anonymous info |
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Definition
| Info used by police did not meet veracity, reliability, and basis of knowledge. created the Good Faith Exception, judge must insure all probable cause elements are met by police. The judge should never have issued a search warrent. Fault did not lie with police, but landed with the judge so conviction stayed. |
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Definition
| What one exposes knowingly to public, even in own home, is not subject to 4th amendment protections |
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Definition
| Plain view. Officers must lawfully be in viewing Area. Must believe evidence is associated with crime. |
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Definition
| You cannot move things to improve view. Must view as you are |
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Definition
| Open fields are not houses nor effects. |
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Term
| Part 1 offenses (excluding Aron) |
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Definition
Violent Crime: Murder, Rape, Robbery, Assault
Property Crime: Burglary, larceny, motor vehicle theft, arson |
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Term
| National Incident Based Reporting System |
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Definition
| Incident Driven, rather than summary based. New methodology underlying the modern-day UCR system |
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Term
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Definition
| Place of occurrence, weapon used, type and value of property damaged or stolen, personal characteristics of the victim/offender, nature of victim-offender relationship, case disposition |
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Term
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Definition
(Number of crimes) / (100,000 population)
Rate allows for comparison across areas and times |
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Definition
number of crimes solved / number of crimes committed
Clearances are based on arrests, not judicial dispositions |
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Definition
| The unlawful killing of a human by another. Includes all willful and unlawful homicides, nonnegligent manslaughter. Excludes: suicides, deaths caused by accidents or negligence, attempted murders. Least likely part 1 offense to occur, with a high clearance rate. |
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Definition
| Less serious than part 1, suc as simple assault, DUI, Prostitution, Vandalism, Receiving Stolen property, Fraud, Embezzlemenet |
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| National Crime Victimization Survey |
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Definition
Began in 1972, based on victim self-reports.
Reveals 1/2 of violent crime is reported, 1/3 of property crime is reported. |
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