Chp. 1-3 Flashcards
Crime
an act prohibited or an omission required by law
Civil Justice
deals with relationships between citizens, gov. agencies and private business concerns with issues relating to contracts, hiring, equality of treatment, divorce, child custody, etc.
punishment: think of money
Criminal Justice
justice concerned with violations of criminal law
punishment: think of jail
1st Amendment
right to freedoms of speech and religion + the right to assemble and to petition
2nd Amendment
right to keep and bear arms to maintain a well-regulated militia
3rd Amendment
right not to house soldiers during time of war
4th Amendment
right to be secure from unreasonable search and seizure
very heavily involved with proabable cause
5th Amendment
rights in criminal case including due process +indictment by grand jury for capital crimes plus the right to not testify agaist oneself
6th Amendment
right to speedy trial by impartial jury
7th Amendment
right to jury trial in civil cases
8th Amendment
right to not force accessive fines and/or bail + cruel or unusual punishment
9th Amendment
rights retained by the people, even if they are not specifically encarcerated by the consitution
10th Amendment
states rights to powers not specifically delegated to the federal government
Probable Cause
facts and circumstances that would lead a reasonable person to believe that a crime has been/is about to be committed
constitutional standard to search and arrest
Arrest
action of seizing someone by legal authority and taking them into custody
2 Options After Arrest
- take them into custody
* a. release them from custody
* b. they get bailed out
* c. detained until court appearance - released at the scene
Pre-Trial Activites
dependent on case, offender and court system
* first appearance
* arraignment
* preliminary hearings
* info/indictment
Plea Bargaining
a deal between prosecution and defendent
the deal is the defendent pleads guilty to reduce their punishment
at least 90% of all cases are resolved with this
Two Types of Criminal Trial
- Jury Trial
- Bench Trial
Jury Trial
a trial by jury of ones peers usually 6 to 12 who determine guilt of innocence
Bench Trial
a trial in which a judge determines guilt or innocence
Burden of Proof in Civil + Criminal Cases
- Criminal: proof beyond reasonable doubt
- Civil: a preponderance of evidence
Burden of Proof Hierarchy
high to low
- proof beyond reasonable doubt
- clear and convincing
- preponderance of evidence
- probable cause
- reasonable suspicion
Two Main Sources of Collecting Crime
- Uniform Crime Report/ National Incident Based Reporting System
- National Crime Victimization survey
Uniform Crime Report
UCR
designed to take info that police collect about crimes that are committed and send it to the FBI
National Incident Based Reporting System
NIBRS
system used by police for collecting and reporting info on crimes
* groups different crimes into two categories of offenses: A and B
Group A
offenses
serious violations of the law
Group B
offenses
lesser crimes
Three Common Ways UCR Expreses Data
- raw figures- “in 2015 there were 14,856 murders in the US”
- percent changes- “the murder rate decrease 11%between 2014 to 2015”
- crime rate per 100,000 people- “the murder rate in 2015 was 5.0 per 100,000”
National Crime Victimization Survey
NCVS
data comes from self reporting surveys
4 General Purposes of the Law
- establish standards of behavior
- maintain order
- resolve disputes
- protect rights and liberties
Complainant (Criminal) or Plaintiff (Civil)
victim/ injured party
Defendent
criminal/ offender
Substantive Law
defines crimes/violations and punishments
Procedural law
defines the rules/procedure to use in applying substantive law
Types of Tort
Civil Law
- libel
- slander
- false imprisonment
- assult and battery
- negligent injury or death
- products liabilty
- tresspassing
Libel
a type of tort
written/published false statement
Slander
a type of tort
false spoken statement
Three Categories of Damages
- actual damages= designed to make one whole again
- compensatory damages= designed to compensate for the future
- punitive damages= designed to punish or send a message
Stare Decisis
“to stand by things decided” or “let the decision stand”
Mala in Se
wrong in itself
referencing types of crime
Mala Prohibita
wrong because the law says so
referencing types of crime
Due Process
a legal requirement that matters be resolved according to established rules and principles, and that individuals be treated fairly. It applies to both civil and criminal matters
Three Elements of a Crime
- Mens Rea= guilty mind
- Actus Rea= guilty act
- attendent circumstances= casual link
Three Categories of a Crime
- felonies= punishable by a year or more of incarceration
- misdemeanors= punishable by up to a year of incarceration
- infractions= monetary fines/lowest level
Six Main Types of Criminal Defenses
- consent
- self-defense
- entrapment
- double jeopardy
- mistake, compulstion, or necessity
- boutique or designer
Consent Defense
only valid when the consent is effective, meaning, it is voluntary and legal
Self- Defense Defense
comes from the common law and permits people to defend themselves from an attack. for the claim to be valid, the defendent must be able to demonstrates that the action they took was done so with the belief thay were in danger of death or serious injury
Entrapment Defense
involves a ssituation where the defendent claims the police coerceed them into committing a crime. two elements for successful defense 1) gov. agent induced the defendent to commit a crime + 2) the defendent was NOT otherwise predisposed to committing a crime
Double Jeopardy Defense
comes from the 5th Amendment. and exception is if a criminal trial ends in a hung jury, mistrial or as a result of some other defect without verdict
Mistake Defense
usually not a defense but in some cases an honest misunderstandin of facts or circumstances could reduce criminal responsibilty
Compulsion/Coercion Defense
centers on the idea of someone being forced to do something against their will that they would not ordinarily do. usually there is some type of threat that is inescapable
Necessity Defense
refered to as a “lesser of the two evils defense” situations where the defender is faces with an unusual situation where in ordinary circumstances their behavior would be criminal but in the instance their behavior is justified
Boutique or Designer Defense
custom built for ta paticular defendent for particualr crimes committed
Four Instances for Insanity Plea
- at the time the crime was committed
- at the time of the trial
- during the incarceration
- just prior to execution
Distributive Justice
justice that may or may not effect certain individuals of society equally or fairly
something may be distributed differently depending on the person
Retributive Justice
only way for justice to be satisfied is for the wrongdoer to suffer in proportion to the way others were effected
eye for an eye
Welfare Maximilization
no good found in vindictively causing pain to wrongdoers, but some form of punishment is still enforced
Rehabilitation
gives wrongdoers help in order to integrate back into society
Deterance
seeing punishment as being good for society as a whole
punishing to send a message to all of society
Resoritive Justice
focuses on making amends rather than making the wrongdoer suffer
Why was religion a critical part of colonial life?
The church was the moral compass of the community. Crime and sin were seen as one in the same with some crimes described in biblical terms such as profanity, blasphemy and violations of the Sabbath.
At minimum Due Process must include…
notice of accusation, a hearing or some type, a ruling
What are some possible ways criminal matters come to the attention of the police?
911 or non-emergency phone call, social media, direct observation by police, and a witness of a crime
In the case of Mapp vs Ohio, the U.S. Supreme Court addressed what important issue?
Exclusionary rule
Exclusionary Rule
evidence that was unlawfully obtained cannot be used as evidence within a trial
Subpoenas
a court order commanding someone to appear in court or to produce evidence
How does Judge Cicconetti’s repeat offense rate compare to the national average?
10% to 75%
8 Major Crimes
- murder
- forcible rape
- robbery
- aggravated assault
- burglary
- larceny/theft
- motor vehicle theft
- arson
What is one of the main problems with the UCR?
unreported crime
By using smart statistics what was the change in the Camden, NJ murder rate that Anne Milgram mentioned in her Ted Talk?
-41%
NCVS statistics over the past several years to consider
- Approximately 15-20% of households in the U.S. are touched by crime annually
- Approximately 12-14 million victimizations occur every year
- Residents of cities are more than twice as likely as rural residents to become crime victims
- Approximately 1/2 of all violent crimes and 1/3 of property crimes are reported
- Victims of crime are more likely to be men than women
- Younger people are more likely to be crime victims than the elderly
- Violent victimization rates are higher among people in lower-income families
Examples of Crime Typologies
- organized crime
- cyber crime
- corporate & white collar crime
- terrorism
- firearms crime
- drug crime
What do laws do?
- regulate a peaceful society
- regulate relationships between people
- promote moral beliefs
- regulate economic relationships
- regulate social change
- identify criminals
- authorize punishments
Similarities Between Civil and Criminal Law
- both are designed to control behavior
- both may require or prohibit certain actions
- both permit the government to impose penalties
- both may impose financial penalties
- both may result in social stigma
Differences Between Civil Law and Criminal Law
- crimes are public offenses, civil wrongs are private offenses
- crimes are punishable by incarceration, civil wrongs are punishable by fines
- governments bring criminal actions, individuals bring civil actions
- fines from crime go to the government, fines from civil wrongs go to the damaged party
Sources of Criminal Law
- Constitutions
- Statutes
- Court Decisions
- Administrative Regulations
EPA
protects environment
OSHA
protects the workplace
FDA
protects food
FAA
protects air travel
FTC
protects free and fair trade
FCC
regulates communication
Limits on Criminal Law
- jurisdiction
- vagueness
- repeal/amendment of statute
- cruel and unusual punishment
- equal protection and Due Process
- other constitutional limitations; freedom of speech, religion, press, assembly, 4th & 5th amendments
Two Levels of Criminal Justice in the United States
- state
- federal
Most criminal cases are brought by?
the state government
