Term
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Definition
| A conduct/ behavior that is unlawful and without justification or excuse. |
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Term
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Definition
1) Federal government
2) State government
3) Local county government
4) Local city government |
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Definition
| Petty misdemeanor --> misdemeanor --> gross misdemeanor --> felony. |
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Term
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Definition
| the "penal law"; the law of criminal justice and the procedures having to do with its enforcement. |
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Term
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Definition
| The combination of all operating, administrative, or technical support agencies that enforce the law. |
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Term
| 3 levels of the criminal justice system |
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Definition
1) Courts
2) Corrections
3) Law enforcement |
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Definition
| The concept that embraces all aspects of civilized life (fairness, beliefs of right and wrong). |
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Definition
| Fairness in relationships between people, business, contractual obligations, etc. |
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Term
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Definition
| Concerns violations of criminal law. |
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Term
| Individual rights advocate |
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Definition
| One who seeks to protect public freedoms within the process of criminal justice. |
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Definition
| One who believes the interests of society should take precedence over individual rights under circumstances involving a criminal threat to public safety. |
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Definition
| A perspective assuming that the system's components work together harmoniously to achieve justice. (Functional). |
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Term
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Definition
| Assumes that the system's components function primarily to serve their own interests. (Dysfunctional). |
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Term
| Criminal justice process (5) |
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Definition
1) Investigation and arrest
2) Pretrial activities
3) Adjudication
4) Sentencing
5) Corrections |
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Term
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Definition
| A set of facts and circumstances that would lead a reasonable person to believe that another has committed a crime. |
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Term
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Definition
| A writ issued by a judge directing an officer to perform a search or arrest. |
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Term
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Definition
| A law enforcement or correctional process officially recording an entry into detention after arrest. Includes taking pictures and fingerprints of the suspect. |
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Term
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Definition
| During the investigation and arrest. |
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Term
| At what point does a warrant get issued? |
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Definition
| During the investigation and arrest. |
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Term
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Definition
| Within a few hours of the arrest, the judge tells what charges are being brought and advises the suspect of his rights. Also may offer bail. |
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Term
| Preliminary hearing (3 things decided) |
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Definition
A proceeding before a judge during which it is decided:
1) What crime was committed
2) Whether or not it was committed within the jurisdiction
3) Are there grounds to believe the suspect is guilty |
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Term
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Definition
| A process in some states where the prosecutor may seek to continue the case against the defendant by filing a written accusation with the court. |
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Term
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Definition
| A process in some states where a grand jury hears evidence against a defendant before prosecution can proceed. |
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Term
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Definition
| The first appearance of the defendant before the court that has the authority to conduct a trial, when a plea is entered. |
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Term
| During which phase of the criminal justice system is a plea entered? |
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Definition
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Term
| What are the 3 pleas a suspect may enter? |
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Definition
| Guilty, not guilty, no contest. |
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Term
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Definition
| May result in a conviction, but can't be used against the person later in civil proceedings. |
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Term
| What happens when a not guilty plea is entered? |
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Definition
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Term
| What happens when a guilty plea is entered? |
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Definition
| If the judge accepts the plea, the case moves to the sentencing phase. |
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Term
| What plea is entered if a suspect "stands mute?" |
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Definition
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Term
| What right does the 6th amendment to the Constitution guarantee? |
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Definition
| The right to trial by jury. |
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Term
| During which phase of the criminal justice process does the trial occur? |
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Definition
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Term
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Definition
| Serving one sentence after another. |
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Term
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Definition
| Serving multiple sentences at the same time. |
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Term
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Definition
| Serving a portion of one's sentence in prison and the rest out of prison/ jail. |
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Term
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Definition
| Supervised conditions that a defendant receives IN LIEU of jail/ prison. |
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Term
| During which phase of the criminal justice process does parole or probation occur? |
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Definition
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Term
| What does due process guarantee? |
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Definition
| That legal proceedings occur according to the rules. |
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Term
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Definition
| Emphasizes efficient arrest and the conviction of offenders. |
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Term
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Definition
| Emphasizes individual rights. |
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Term
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Definition
| The use of sanctions and rewards with a group to influence and shape behavior. |
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Term
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Definition
| Society must give up some freedoms in exchange for a safe society. |
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Term
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Definition
| A condition said to exist when a group is faced with social change, uneven development of culture, and disharmony. |
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Definition
| The rights guaranteed to all members of American society by the Bill of Rights. |
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Term
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Definition
| The scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders. |
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Term
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Definition
| The rights read to a person who is under arrest. Includes the right to remain silent and the right to an attorney. |
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Term
| What type of weapon is more often used to commit murder? |
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Definition
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Term
| Uniform Crime Reporting (UCR) program |
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Definition
| A statistical reporting program run by the FBI. It records the annual totals of the incidence and rate of reported crimes across America. |
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Term
| National Crime Victimization Survey (NCVS) |
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Definition
| An annual survey conducted by the US Department of Justice that asks a representative sample of the American public about crimes they have suffered. |
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Term
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Definition
| Crime that involves threats or use of force. Includes assault, forcible rape, murder, and robbery. |
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Term
| National Incident-Based Reporting System (NIBRS) |
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Definition
| Collects data on every single crime occurrence and is kept more current than the UCR. |
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Term
| What are the most common Part I offenses? |
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Definition
| Murder, forcible rape, aggravated assault, robbery, burglary, motor vehicle theft, larceny, and arson. |
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Term
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Definition
| Unwanted e-mail sent out by advertisers as a mass mailing. |
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Term
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Definition
| The act of attempting to acquire information such as usernames, passwords, and credit card details by masquerading as a trustworthy entity in an electronic communication. |
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Term
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Definition
| The unlawful use of force or violence by an individual or group with a connection to a foreign power in order to coerce a government or the civilian population. |
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Term
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Definition
| Hate crimes. Violent acts directed toward a particular person or members of a group merely because the perpetrator does not empathize with the victim(s). |
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Term
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Definition
| Intensional and wrongful physical contact with a person without his or her consent. |
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Term
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Definition
| A term used to collectively refer to malicious software technologies such as viruses. |
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Term
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Definition
| The use or threat of violence to create terror in others. |
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Term
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Definition
| Unlawful activity that occurs across national boundaries. |
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Term
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Definition
| The percentage of crimes that are solved versus crimes that are unsolved. |
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Term
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Definition
| The unlawful seizure of property from the possession of another without the use of force or violence. |
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Term
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Definition
| Protects the rights of unborn children by making it a separate crime to kill a fetus during the assault of a pregnant woman. |
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Term
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Definition
| The unlawful killing of a human being. |
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Term
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Definition
| Corporations can be treated as separate legal entities and convicted of violations of criminal law. |
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Term
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Definition
| Killing 4+ people at one time/place. |
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Term
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Definition
| Breaking and entering the dwelling place of another with the intent to commit a felony. |
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Term
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Definition
| A violation of a criminal statute by a corporate entity for the benefit of that company or its employees. |
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Term
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Definition
| Less serious than Part I offenses and include social order offenses. |
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Term
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Definition
| Victimless crimes, such as drug use and prostitution. |
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Term
| National Institute of Justice (NIJ) |
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Definition
| The primary research arm of the US Department of Justice. |
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Term
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Definition
| The study of criminal behavior involving research on the links between different types of crime and criminals. |
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Term
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Definition
| Attack by one person by another. |
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Term
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Definition
| The attempted or complete theft of an automobile, truck, bus, or motorcycle. |
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Term
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Definition
| Crimes that do not become part of the official record because they go unreported. |
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Term
| What are the 3 classifications of burglary? |
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Definition
1) Forcible entry
2) Unlawful entry with no force
3) Attempted forcible entry |
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Term
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Definition
| Crime committed by people of respectability and high social status in the course of their occupations. |
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Term
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Definition
| Criminal activity by an enduring organization developed and devoted primarily to the pursuit of profits through illegal means. |
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Term
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Definition
| The intensional and malicious burning of a building or other property for unlawful purposes. |
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Term
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Definition
| The unlawful, intentional inflicting of serious injury (often leading to hospitalization) upon a person by another. Usually involves a weapon. |
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Term
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Definition
| Gathering, transmitting, or losing information related to the national defense in such a way that the info becomes available to enemies of the US. |
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Term
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Definition
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Term
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Definition
| Those who hear evidence from the prosecutor and decides whether the case should go to trial. |
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Term
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Definition
| Afforded to most defendants through release on recognizance or bail bond. |
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Term
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Definition
| A set of facts and circumstances that would induce a reasonable person to believe that the suspect has committed the crime in question. |
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Term
| Which division of crime does the UCR report? |
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Definition
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Term
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Definition
| The carnal knowledge of a person forcibly and against their will. |
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Term
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Definition
| Personal crime involving face-to-face confrontation between the victim and perpetrator. |
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Term
| Which Part I crimes are considered violent? (4) |
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Definition
| Murder, forcible rape, robbery, aggravated assault. |
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Term
| Which crimes are considered property offenses? (4) |
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Definition
| Burglary, larceny-theft, motor vehicle theft, arson. |
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Term
| How are misdemeanors usually solved? |
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Definition
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Term
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Definition
| An appellate court upholds a lower court's judgement. |
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Term
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Definition
| The defendant in a noncriminal case. |
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Term
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Definition
| Requires that the court disregard potentially incriminating evidence if the information was gained by methods that go against the defendant's rights. |
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Term
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Definition
| The written or codified law; the "law on the books." |
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Term
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Definition
| A law that results from judicial decisions. |
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Term
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Definition
| A traditional body of unwritten historical precedents created from everyday social customs, rules, and practices. |
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Term
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Definition
| The assumption that criminal acts injure not only individuals, but society as a whole, is the fundamental basis of the law. |
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Term
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Definition
| Legal system with known rules that are enforced equally against all people. |
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Term
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Definition
| A type of law that refers to the body of regulations that the government creates to control the activities of business and individuals. |
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Term
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Definition
| The part of law that specifies the methods to be used in enforcing the substantive law. |
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Term
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Definition
| A person's reason for committing a crime. |
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Term
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Definition
| The philosophy of the law. |
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Term
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Definition
| An offense not yet completed, but one that goes beyond mere thought. |
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Term
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Definition
| An element of crime meaning "guilty mind." |
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Term
| Incompetent to stand trial |
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Definition
| When a defendant is incapable of understanding the nature of the charges and proceedings. |
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Term
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Definition
| The principle of recognizing previous decisions as precedents to guide future deliberations. |
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Term
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Definition
| Make acts committed before the laws in question were passed punishable as crimes. These are ILLEGAL under the Constitution. |
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Term
| What is the main objective of a civil lawsuit? |
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Definition
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Term
| What are the 3 elements of crime? |
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Definition
1) Actus reas: the criminal act
2) Mens era: culpable mental state
3) Concurrence of act and intent |
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Term
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Definition
| Even if a person has no intention to break a law, they can still be charged. |
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Term
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Definition
| A criminal offense that is punishable by death or incarceration in a prison for at least one year. |
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Term
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Definition
| Improper or illegal inducement to crime by law enforcement agents. |
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Term
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Definition
| The facts surrounding the case. |
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Term
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Definition
| The degree of force that is appropriate in a given situation and not excessive. |
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Term
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Definition
| A defense used in court in which the defense attorney claims that the defendant's actions were necessary to ensure his safety. |
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Term
| What are the 5 procedural defenses? |
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Definition
1) Police fraud
2) Prosecutorial misconduct
3) Double jeopardy
4) Entrapment
5) Denial of a speedy trial |
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Term
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Definition
| An attempt to overthrow the government of the society in which one is a member. |
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Term
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Definition
| Force that does not result in death. |
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Term
| Which excuses are recognized by law? (9) |
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Definition
| Duress, age, mistake, involuntary intoxication, unconsciousness, provocation, insanity, diminished capacity, mental incompetence. |
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Term
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Definition
| Evidence that proves that a person was in another place at the time of a crime and so could not have committed it. |
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Term
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Definition
| A defense in which the defendant admits committing the offense, but believes he shouldn't be held criminally responsible. |
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Term
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Definition
| Allegations that the police violated the law. |
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Term
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Definition
| An exception to the retreat rule that makes it unnecessary to retreat from one's own home. In the face of immediate threat, deadly force is acceptable. |
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Term
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Definition
| The defendant, although convicted, is unable to either understand that his behavior was wrong, or was unable to control the behavior he knew was wrong. |
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Term
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Definition
| A minor violation of the law. |
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Term
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Definition
| A legal defense in which the defendant admits to committing the crime, but claims it was necessary in order to avoid a greater evil. |
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Term
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Definition
| A legal defense based on claims of mental illness or mental incapacity. |
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Term
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Definition
| Wrongful threat from one person induces another to commit a crime. |
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Term
| What are the 6 justification defenses for a criminal act? |
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Definition
1) Self-defense
2) Defense of others
3) Defense of home and property
4) Necessity
5) Consent
6) Resisting unlawful arrest |
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Term
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Definition
| The evidence that a crime has been committed. "Body of the crime." |
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Term
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Definition
| Behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences. |
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Term
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Definition
| Ignorance of the law. Rarely an acceptable defense. |
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Term
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Definition
| Understanding of facts is incorrect. (Ex: a man is charged with statutory rape even though the underage girl he had consensual sex with told him she was 18). |
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Term
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Definition
| A wrong or injury committed against a person or property for which the injured person has the right to sue. |
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Term
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Definition
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Term
| What are the 4 categories of criminal defense? |
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Definition
1) Alibi
2) Justifications
3) Excuses
4) Procedural defenses |
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Term
| What are the 5 general categories of crime? |
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Definition
1) Felonies
2) Misdemeanors
3) Infractions
4) Treason/ espionage
5) Inchoate offenses |
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