Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Intro to Criminal Justice > Chapter 3 and 4 > Flashcards

Chapter 3 and 4 Flashcards

Criminal Law

1
Q

Law

A

A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Statutory law

A

The law on the books.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Penal code

A

The written, organized, and compiled form of the criminal laws of a jurisdiction.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Case law

A

law resulting from judicial decisions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Common law

A

Traditional body of law originating from usage and custom rather than from written statutes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The Rule of Law

A
  • The belief that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members
  • No one is above the law, those who make or enforce the law must also abide by it
  • You can disagree, but not disobey
  • Sometimes referred to as the supremacy of law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Key Elements to the Rule of Law

A

–Freedom from private lawlessness
–High degree of objectivity in formulating legal norms and even-handedness in their application
–Legal ideas/devices for attaining individual and group objectives within bounds of ordered liberty
–Substantive and procedural limitations on governmental power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Criminal Law

A
  • The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society
  • Also called penal law
  • Includes statutory and case law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Substantive Criminal Law

A

The part of the law that defines crimes and specifies punishments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Procedural Law

A

The part of the law that specifies the methods to be used in enforcing substantive law.
-procedures used to gather evidence and used in trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Civil Law

A
  • The branch of modern law that governs relationships between and among parties
  • Includes rules for contracts, divorces, child support/custody, wills, libel, etc.
  • Civil suits seek compensation, not punishment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Plaintiff

A

Seeks relief in a civil suit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Defendant

A

Against whom relief is sought in a civil suit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Administrative Law

A

Regulations governments create to control the activities of industries, businesses, and individuals
•Includes tax laws, pollution, health codes, vehicle registration laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Precedent

A

A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Felony

A

A criminal offense punishable by death or by incarceration in a prison facility for at least one year
•Serious crimes such as murder, rape, aggravated assault, robbery, burglary, and arson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Misdemeanor

A

An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less, or a fine
•Relative minor crimes such as petty theft, simple assault, breaking and entering, disturbing the peace, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Infractions

A
  • A minor violation of state statute or local ordinance punishable by a fine
  • Typically includes things like jaywalking, spitting on the sidewalk, littering, and certain traffic offenses
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Treason

A

A U.S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the U.S.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Espionage

A

The “gathering, transmitting, or losing” of information related to the national defense in a manner that the information becomes available to enemies of the U.S. and may be used to their advantage.
•May be committed by non-US citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Inchoate Offenses

A

An incomplete offense.
•An offense that consists of an action or conduct that is a step toward the intended commission of another offense
•Includes conspiracies and attempts to commit a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Criminal Negligence

A

A behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Motive

A

A persons reason for committing a crime.

•Mens rea is not the same thing as motive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Concurrence

A
  • Requires that the act and the mental state occur together in order for a crime to take place
  • If one occurs before the other, the requirements of the criminal law have not been met
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Causation

A

–The concurrence of a guilty mind and a criminal act may cause harm
–Legal cause – must be demonstrated in court to hold an individual criminally liable for causing harm

26
Q

Harm

A

Harm occurs in all crimes, but not all harms are crime.

27
Q

Legality

A

A behavior cannot be criminal if no law exists that defines it as such.

28
Q

Punishment

A

No crime can be said to occur where punishment has not been specified in the law.

29
Q

Corpus Deliciti “The body of a crime”

A

A person cannot be tried for a crime until it has been shown the crime occurred. Includes the act and the intent.
•Two key aspects:
–A certain result has been produced.
–A person is criminally responsible for its production.

30
Q

The 4 categories of defenses

A

–Alibi
–Justification
–Excuse
–Procedural defense

31
Q

Alibi

A

The defendant could not have committed the offense because he or she was somewhere else at the time of the crime.

32
Q

Justification

A

The defendant admits committing the act in question but claims that it was necessary to avoid some greater evil.

33
Q

Excuse

A

Some personal condition or circumstance at the time of the act was such that the actor should not be held accountable under the criminal law.

34
Q

Procedural Defense

A

The defendant was in some significant way discriminated against in the justice process, or some important aspect of official procedure was not properly followed in the investigation or procedure of the crime charged.

35
Q

The M’Naghten Rule

A

did the defendant know what he or she was doing, did the defendant knew that the behavior was wrong.

36
Q

Irresistible Impulse

A

defendant knew what he or she was doing and knew it was wrong but was unable to stop.

37
Q

The Durham Rule

A

a person is not criminally responsible if his or her actions were the result of a mental disease or defect.

38
Q

The Brawner Rule

A

When the responsibility for deciding insanity is left to the jury.

39
Q

Difficulties with the insanity defense (2):

A

–Psychiatric testimony is expensive and expert witness often contradict each other
–Society not satisfied that justice is served

40
Q

Entrapment

A
  • improper or illegal inducement to crime by agents of law enforcement
  • agents created a crime where there otherwise would have been none
41
Q

Double Jeopardy

A
  • Common law and constitutional prohibition against a second trail for the same offense
  • Does not apply in cases of trail error (hung jury, etc)
  • Does not prevent someone from being tried in both civil and criminal court
42
Q

Selective Prosecution

A

–14th Amendment guarantees equal protection of the laws

–Defense may apply if several individuals are suspected of a crime but not all are actively prosecuted

43
Q

Denial of a speedy trial

A
  • 6th Amendment
  • State/federal laws define time limits necessary for a trial to be speedy
  • do not include delays resulting from requests by the defense
  • if legal time is exceeded, the defendant must be released and no trial can occur
44
Q

Procedural Misconduct

A

Actions by prosecuters that give the gov’t an unfair advantage or prejudice the rights of a defendant or witness.

45
Q

Police Fraud

A

defense available to defendants victimized by the police through planted evidence, fabrication of facts, false arrests.

46
Q

5 Purposes of Policing

A
  • Serve the Community
  • Enforce the Law
  • Investigate and Apprehend offenders
  • Preserving the Peace
  • Preventing Crime
47
Q

Legally what must exist for a person to commit a crime?

A

A Law

48
Q

Self-Defense

A

Defense for self preservation or to protect someone else.

49
Q

Defense of home and property

A

The right to defend your home and self.

50
Q

What do police officers spend the majority of their time doing?

A

Doing non-emergency service calls (traffic, tickets)

51
Q

Crime Prevention

A

Trying to anticipate and prevent crime from occurring.

52
Q

Three levels of Law Enforcement

A
  • Federal (National jurisdiction)
  • State (state)
  • Local/Municipal (specific area)
53
Q

What federal agency operates and maintains the largest and most comprehensive crime laboratory in the U.S.?

A

FBI

54
Q

In what state was the first Start Police agency established?

A

PA

55
Q

What city has the largest police force?

A

NYC

56
Q

How do city police officials usually obtain their jobs?

A

Appointed by mayor or official

57
Q

Tasks of Sheriff

A
  • Jail management
  • Provide protection of court rooms, transport people
  • Serve court papers
58
Q

Interpol

A

International Police

59
Q

Chain of Command in a police department

A

Order of authority within a department, hierarchy

60
Q

Purposes of Community Police Relations programs

A

To increase the level of positive police-citizen interaction

61
Q

Biggest factor in the Kansas City Experiment

A

People have waited too long to call the police.

62
Q

Police Discretion

A

The police officer has a choice of whether or not to apprehend somebody or how to handle the case.

Intro to Criminal Justice (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions