CJ 101 Test 1 Flashcards
What is a typical legal definition of crime?
Not following the written law
What has been classified has the most destructive criminal disaster ever to have been perpetrated on US Soil?
9/11
What do “individual rights advocates” believe in? Additionally, what ideal do “public order advocates” support? Explain
Individual rights activists: A person’s individual freedoms should always come first
Public order advocates: Concerned more for society’s safety
Name the three main agencies that are up the criminal justice system
Police, Corrections, Courts
An administrative record of arrest
Booking
A charging document specifying that an offense has been committed by a person or persons name or described
Complaint
A less serious offense generally punishable by a fine or by incarceration
Misdemeanor
The conditional release of prisoners after they have served a portion of a prison sentence
Parole
A monetary guarantee deposited with the court that is suppose to ensure that suspects/defendants appear at a subsequent stage in the criminal justice process
Bail
A practice whereby a prosecutor, the defense attorney, their client, and in many jurisdictions the judge, agree on a specific sentence to be imposed if the accused pleads guilty to an agreed-upon charge or charges instead of going to trial
Plea Bargain
A serious offense punishable by death or by confinement in prison for more than a year
Felony
“There must exist such a state of circumstances that would lead a reasonable and prudent person to believe, or entertain a strong suspicion, that a person is guilty or that a crime has been committed.
Probable Cause
Offenders who have been formally charged with a crime
Defendant
A society that is home to a multitude of different cultures, each with its own set of norms, values, and routine behaviors
Multiculturalism
A criminal justice perspective that emphasized individual rights at all stages or justice system processing
Due Process
A pretrial stage at which a judge determines whether there is probable cause to support the charges brought by a prosecutor
Preliminary Hearing
The seizing and detaining of a person by lawful authority
Arrest
A pretrial stage to hear the information or indictment and to allow a plea
Arraignment
To serve one sentence after another is completed
Consecutive Sentence
The scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders
Criminology
The _________ makes the decision, on behalf of the state, whether to charge a suspect with a crime by filing a complaint
Prosecutor
One of the primary sources of crime statistics in the United States is the _______, which is compiled by the FBI
UCR
Crimes can be classified according to degree. One way to classify an offense is by its legislated punishment. Generally, a _________ is an offense punishable by death or imprisonment for more than one year. A crime that is punishable by imprisonment for less than a year is referred to as a __________
Felony, Misdemeanor
The UCR contains two major indexes. The Part I offenses, or the eight index crimes, are:
Forcible Rape
Aggravated Assault
Robbery
Murder
Larceny - Theft
Arson
Motor Vehicle Theft
Burglary
What is meant by the term Due Process of Law? Where in the United States Constitution are the guarantees of Due Process found?
Due Process of Law means that each person must keep their individual rights during trial. This is found in the 14th Amendment.
“The unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence and/or by putting the victim in fear” is the definition of the crime of
Robbery
Legislators, other elected officials, and law enforcement administrators throughout the criminal justice system, rely on UCR reports to supply ______ _______ to analyze and evaluate existing programs
Crime Data
Today, _________ violence is one of the largest causes of injury to American women
domestic
_________ _________ is a c rime where older victims may be targeted by family members and/or caregivers
Elderly Abuse
“A criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin of another individual or group of individuals” is the definition of a _________ _________
Hate Crime
A violent and dangerous criminal act to human life committed to intimidate the civilian population or to coerce a government is the definition of
Terrorism
________ _______ has been thought of as “the law on the books”
Written Law
In California, the written form of our criminal law is called the _______ _______
Penal Code
The _______, who are the most visible representatives of the criminal justice field, must be held to a higher standard than anyone else
Police
Substantive criminal law is the part of the law that defines crimes and specifies _________
Punishments
Precedent is defined as a legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into _____________ cases
Subsequent
Laws cannot be created tomorrow that will hold a person legally responsible for what they do today
Ex-Post-Facto Law
Is a legal principle that requires that in subsequent cases on similar issues or law an d fact, courts are bound by their own earlier decisions an d by those of higher courts having jurisdiction over them
Stare Decisis
An act in violation of the law
Actus Reus
Repeated harassing and threatening behavior by one individual against another
Stalking
This data is based on victim self-reports rather than on police reports
National Crime Victimization Survey
This data provides an overview of criminal activity
Crime Statistics
The state of mind that accompanies a criminal act or “a guilty mind”
Mens Rea
The facts or elements that show that a crime has occurred or “the body of a crime”
Corpus Delicti
A rule of conduct, generally found enacted in the form of a statute, the prescribes or mandates certain forms or behavior is the definition of
Law
The term _________ refers to a person’s reason for committing a crime
Motive
An __________ is a defense that means that the defendant could not have committed the crime in question because they were somewhere else at the time of the crime
Alibi
In California, a police officer can arrest an individual for a misdemeanor not committed in the officer’s presence
False
The Fourth Amendment protects against unreasonable _______ and ________
Search, Seizure
_________ is an improper or illegal inducement to commit a crime by agents of law enforcement
Entrapment
The Fifth Amendment protection against _______ _______ provides that no person shall be subject for the same offense to be twit put in jeopardy of life or limb
Double Jeopardy
Major changes in policing began in the 1960’s. These changes were, in part a reaction to two major historical periods. What were they?
Civil Rights Movement
Vietnam War
Why are phrases like “Ignorance of the law is no excuse” and “no one is above the law” important to our concept of law?
No matter who you are, if you do something illegal, you can and will be tried for it. This means that everyone is equal in the eyes of the law.
Part II UCR/NIBRS offense group is used to report arrests for __________ offenses
Minor
A rule for determining insanity that asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong is called the _________ ______
M’Naghten Rule
