ch. 1-3 test review Flashcards
social justice
determines the social norms in civilized life
criminal justice
the knowledge and acceptance of a punishment existing for breaking social norms
first appearance
a brief hearing when a defendant is first arrested
discusses the charges and rights of the defendant
sets bond for the defendant to reach before their hearing
preliminary hearing
has to be within 10 days to 2 weeks of the arrest
first hearing of the defendant in custody
is the time when a plea deal is negotiated if applicable
arraignment
where the plea is done and agreed on
done in front of a judge in a state court
due process
the rights that every defendant has in a trial
4th amendment
protects defendants from unreasonable search and seizure
requires officers to obtain a warrant beforehand
5th amendment
the right to not incriminate oneself
6th amendment
every defendant’s right to a lawyer
gideon vs. wainwright
sets the law that all defendants must be provided with a lawyer if they can’t afford one
UCR
uniform crime report
eventually goes to the FBI
NCVS
national crime victim survey
statistical documentation of all reported crime
dark figure of crime
all unreported crime that skews NCVS data
violent crime
crime done to a person
4 main types:
1. homicide
2. robbery
3. aggravated assault
4. sexual assault
homicide/murder
the unlawful killing of a human being
robbery
the taking of property from a person’s possession with force/threats
aggravated assault
an injury inflicted upon a person using violence or deadly weapons
sexual assault
any intentional sexual assault against another person
property crime
any crime done to personal property or goods
4 main types:
1. burglary
2. arson
3. theft
4. motor vehicle theft
burglary
the unlawful entry of a structure to commit a felony
arson
the deliberate setting of fire to property
theft
stealing
motor vehicle theft
the theft/attempted theft of a motor vehicle
hate crime
any crime done based on discrimination of race, age, gender, etc.
the U.S. has the highest rate of violent crime for all industrialized nations
true
the minimum amount stolen for a theft to be considered a felony
$2,500
statutory law
law of the land
law on the books
case law
a supreme court case that sets a precedent
precedent
how similar cases have been decided in the past
stare decisis
“standing by decided matters”
following the case precedent already set
penal code
a list of all possible crimes an officer can charge someone with
substantive criminal law
the knowledge that all crimes will have a punishment
civil law
legal laws having to do with contracts and agreements
felony
a crime with at least a year of jail time
misdemeanor
smaller, more minor crimes
a year or less of jail time
summary offense
a crime punishable by a fine
inchoate offense
an unfinished offense, but headed in the criminal direction
taking a step in the direction to commit a crime
(ex. making a phone call to hire a hitman)
actus reus
“guilty act”
mens rea
“guilty mind”
concurrence
the coexistence of actus reus and mens rea
reckless behavior
any behavior that increases the risk of harm
motive
a person’s reason for committing a crime
1st degree murder
the unlawful killing of a human being
done with malice, aforethought, and intention
alibi
a person’s excuse to show they weren’t at the crime scene during the time of the crime
mcnaughten rule
a rule that requires mentally insane defendants to be questioned if they were aware what they were doing was “wrong”
ford vs. wainwright
a case that prohibits the execution of death-row inmates that went insane WHILE in prison
leads to “life in prison without parole” sentences
incompetent to stand trial
when a defendant is unable to aid their lawyer in preparing for trial
(ex. can’t recall the crime)
double jeapordy
there cannot be two trials for the same offense
