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criminal justice > ch. 1-3 test review > Flashcards

ch. 1-3 test review Flashcards

1
Q

social justice

A

determines the social norms in civilized life

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2
Q

criminal justice

A

the knowledge and acceptance of a punishment existing for breaking social norms

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3
Q

first appearance

A

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

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4
Q

preliminary hearing

A

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

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5
Q

arraignment

A

where the plea is done and agreed on
done in front of a judge in a state court

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6
Q

due process

A

the rights that every defendant has in a trial

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7
Q

4th amendment

A

protects defendants from unreasonable search and seizure
requires officers to obtain a warrant beforehand

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8
Q

5th amendment

A

the right to not incriminate oneself

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9
Q

6th amendment

A

every defendant’s right to a lawyer

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10
Q

gideon vs. wainwright

A

sets the law that all defendants must be provided with a lawyer if they can’t afford one

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11
Q

UCR

A

uniform crime report
eventually goes to the FBI

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12
Q

NCVS

A

national crime victim survey
statistical documentation of all reported crime

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13
Q

dark figure of crime

A

all unreported crime that skews NCVS data

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14
Q

violent crime

A

crime done to a person
4 main types:
1. homicide
2. robbery
3. aggravated assault
4. sexual assault

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15
Q

homicide/murder

A

the unlawful killing of a human being

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16
Q

robbery

A

the taking of property from a person’s possession with force/threats

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17
Q

aggravated assault

A

an injury inflicted upon a person using violence or deadly weapons

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18
Q

sexual assault

A

any intentional sexual assault against another person

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19
Q

property crime

A

any crime done to personal property or goods
4 main types:
1. burglary
2. arson
3. theft
4. motor vehicle theft

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20
Q

burglary

A

the unlawful entry of a structure to commit a felony

21
Q

arson

A

the deliberate setting of fire to property

22
Q

theft

A

stealing

23
Q

motor vehicle theft

A

the theft/attempted theft of a motor vehicle

24
Q

hate crime

A

any crime done based on discrimination of race, age, gender, etc.

25
Q

the U.S. has the highest rate of violent crime for all industrialized nations

A

true

26
Q

the minimum amount stolen for a theft to be considered a felony

A

$2,500

27
Q

statutory law

A

law of the land
law on the books

28
Q

case law

A

a supreme court case that sets a precedent

29
Q

precedent

A

how similar cases have been decided in the past

30
Q

stare decisis

A

“standing by decided matters”
following the case precedent already set

31
Q

penal code

A

a list of all possible crimes an officer can charge someone with

32
Q

substantive criminal law

A

the knowledge that all crimes will have a punishment

33
Q

civil law

A

legal laws having to do with contracts and agreements

34
Q

felony

A

a crime with at least a year of jail time

35
Q

misdemeanor

A

smaller, more minor crimes
a year or less of jail time

36
Q

summary offense

A

a crime punishable by a fine

37
Q

inchoate offense

A

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)

38
Q

actus reus

A

“guilty act”

39
Q

mens rea

A

“guilty mind”

40
Q

concurrence

A

the coexistence of actus reus and mens rea

41
Q

reckless behavior

A

any behavior that increases the risk of harm

42
Q

motive

A

a person’s reason for committing a crime

43
Q

1st degree murder

A

the unlawful killing of a human being
done with malice, aforethought, and intention

44
Q

alibi

A

a person’s excuse to show they weren’t at the crime scene during the time of the crime

45
Q

mcnaughten rule

A

a rule that requires mentally insane defendants to be questioned if they were aware what they were doing was “wrong”

46
Q

ford vs. wainwright

A

a case that prohibits the execution of death-row inmates that went insane WHILE in prison
leads to “life in prison without parole” sentences

47
Q

incompetent to stand trial

A

when a defendant is unable to aid their lawyer in preparing for trial
(ex. can’t recall the crime)

48
Q

double jeapordy

A

there cannot be two trials for the same offense

criminal justice (1 decks)

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