Criminal Justice Study Guide Flashcards
1
Q
Criminal Justice is:
A
refers to the structure components, law and function that deals with the criminal justice system. Courts, police, corrections
2
Q
Criminology is:
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is the scientific study of the cause of crime rates, the punishment, rehabilitation of offenders and their rehabilitation.
3
Q
Criminal procedure is:
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encompasses a series of orderly steps (due process) authorized by the law and courts to determine weather a person is guilty or not guilty.
4
Q
Criminal Law:
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Law that deals with the offenses of offenders and defines crime, criminal intent against the peace and tranquility of the state.
5
Q
Constitutional Law is
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focuses on the legal rule of the governments power give to it by the constitution.. Mainly on individual rights.
6
Q
Civil Law is
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two individuals suing each other.
7
Q
Three components of the criminal justice system are:
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Police
Courts
Corrections
8
Q
Due Process is:
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- What you are charged with.
- Hearing.
Uniformed application of the law.
9
Q
Safe Streets Act of 1968
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This was the year of riots, protest and assassinations. Crime increased 100%. It was a good plan but was never put into effect. The public brought on to it.
10
Q
Crime model
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emphasizes efficiency is based on the view that the most important part of the criminal justice system is to suppress crime.
11
Q
Ethnocentrism
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the holding of ones culture and a way of doing things superior to all others. Was no longer appropriate for the new millennium.
12
Q
Crime is a Social Construct
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depends on were you are. Depends on weather a crime is a crime.
13
Q
Defiance
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what is relevant. What happens in your surroundings.
14
Q
Criminal Behavior
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effects the peace and tranquility of society.
15
Q
Mens Rea
Actus Rea
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Guilty Mind = Criminal Intent
Guilty Act = Criminal Act
Both must be present for a crime. Did the person intend commit the crime. Both must be present.
16
Q
Mc’Naghten Rule
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You don’t know the difference between right and wrong.
17
Q
Durham Rule
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Temporary insanity did not know at the time of the crime.
18
Q
Entrapment
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is the inducement of an individual to commit a crime not previously contemplated by him or her, undertaking for the purpose of instituting a criminal prosecution.
19
Q
Misdemeanor
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are minor offenses that are general no more than $1000 and less than a year in jail.
20
Q
Felonies
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are serious crimes that are punishable by death or imprisonment longer than a year in a federal or state penitentiary.
21
Q
Jails are:
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short term incarceration.
22
Q
Prisons are:
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for long term incarceration.
23
Q
Case Law
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derived from court cases
24
Q
Statutory Law
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is derived by legislator.
25
Abettor
on who with requisite criminal intent, encourages, promotes, instigates, or stands by to assist in perpetrator of a crime
26
Accessory before the fact
is an individual who abets a crime but is not present when the crime is committed.
27
Accessory after the fact
one who knowing that a felony has been committed, receives, confronts, or assists perpetrator to hinder apprehension or conviction.
28
Administrative Law
derived by agency of a government. Such as the Environmental Protection Agency.
29
Conspiracy requires
Two or more people in a conspiracy. You don't have to commit a crime in order to be charged you one step beyond a conversation it must be overt act.
30
Natural Law
Derives from a document such as the Bible or a higher power such as the Ten Command. Belief in only the community which accepts the law.
31
Homicide
is the killing of an individual by another human being. This is not necessary a crime.
32
Murder
is a felonious killing of another human being.
33
Burglary
is criminal intent that is unlawful entry for some criminal purpose
34
First Degree Murder three elements are:
1. Premeditation.
2. Deliberation.
3. Malice for aforethought.
35
Felony Murder Doctrine
Death resulting from the commission or attempt commit a crime, arson, burglary, larceny, rape or robbery and a murder is the result of one of these crimes because you were responsible crime than you can be charged with murder.
36
Specific Intent
you are specifically intended to commit the crime. Must be present in first degree murder case.
37
Robbery
crime against person (test). A house cannot be robbed. Force or treat against a person. Crimes against a person carry greater penalties than those against property.
38
Arson
the burning down of a place it could be yours or someone else.
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Breaking and entering
some one breaking the plan of your door.
40
Larceny
must be proven that an item was taken with no intent to return.
41
Embezzlement
a item which is given and entrusted with no intent to return.
42
Counterfeiting
illegal manufacturing of currency. This crime is investigated by the US Secret Service.
43
Forcible Rape
Having sexual intercourse with a person against his/her will an through the use or threat of force or fear.
44
Seduction
The act of enticing or luring a women of chaste character to engage in sexual intercourse by fraudulently promising to marry her or by some other false promise
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Statutory Rape
Having sexual intercourse with a person under a stated age
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Adultery
Sexual intercourse between a man and woman at least of whom is married to someone else.
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Incest
Sexual intercourse between parent and child, any pair of siblings, or close blood relatives.
48
Sodomy
Certain acts of sexual relationship. including fellatio (oral intercourse with a mail sexual organ), cunnilingus (oral intercourse with a female sex organ, buggery (penetration of the anus)m homosexuality (sexual relationships with members of the same sex), beastality ( sexual intercourse with a animal), pederasty (unnatural intercourse between a man and a boy), and necrophilia (sexual intercourse with a corpse)
49
Indecent exposure (exhibitionism)
Exposure of sexual organ in a public place.
50
Lewdness
Degenerate sexual behavior that is so well know that it may result in corruption of the public decency.
51
Obscenity
That which is offensive to morality or chastity and is calculated to corrupt the mind and moral if those exposed to it.
52
Pornography
Literature, art, film, pictures, other articles of a sexual nature that are considered obscene by a community's moral standards.
53
Bigamy
The act of marring while a former marriage is still legally in forced.
54
Polygamy
The act of having several spouses.
55
Prostitution
The offering of sexual relations for monetary or other gain.
56
Child Molesting
Handling, fondling, or other contact of a sexual nature with a child.
57
Sexual assault
An sexual contact with another person that occurs with out consent of the victim or offensive to the victim.
58
Voyeurism (peeping)
The surreptitious observance of an exposed body or sexual act.
59
The Harrison Act of 1914
Defined as criminal any manufacture, prescription, transfer, or possession of narcotic by persons who were not authorized to pay taxes on them.
60
Disorderly Conduct
Any act that tends to disturb the public peace, scandalize the community, or shock the public sense of morality.
61
Disturbing the peace
Any interruption of the peace, quite and good order of a neighborhood or community
62
Breech of the peace
The breaking other public peace by any riotous, forcible, or unlawful proceeding.
63
Harassment
Any act that serves to annoy or alarm another person.
64
Stalking
the willful, malicious, and repeated following or harassing of another person.
65
Drunkenness
the condition of being under the influence of alcohol.
66
Public Intoxication
The condition of being severly under the influence of alcohol or drugs in public place to the degree that it may endanger person or property.
67
Loitering
Idling or lounging o a street or other public way in a manner that serves to interfere with or annoy passerby.
68
Criminal Nuisance
Any conduct that is unreasonable and that endangers the health and safety of others.
69
Vagrancy
The condition of being idle and having no visible means of support.
70
Desecration
The defacing, damaging, or mistreatment of a public structure, monument, or place of worship or burial.
71
Domestic Violence
is a form of violent crime and can be defined as activities of physical aggressive nature occurring among members of a family, current or former spouse or lovers, and others in close relationship, as a result of conflict in personal relationship.
72
Hate Crime
can be defined as an offense motivated by hatred against a victim because of his/her race, ethnicity, religion, sexual orientation, handicap, national origin, or tribal membership.
73
The Uniformed Crime Reports (UCR)
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came about in 1927, by a annual meeting of the International Association of Chefs of Police. Congress authorized the FBI to collect data on felony crimes and publish a annual report. The data however, was not always truthful.
Murder
Robbery
Rape
Arson
Manslaughter
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74
Victimization National Survey
Survey done of crime in general. Survey doesn't depend on reports from any law enforcement authorities. Data can only come from those who are victims of crimes. Therefore, the report is not completely accurate. Crime such as murder are not recorded. The Uniformed Crime Reports are the best measure of crime.
75
Bill of Rights
Restrict a governments action against a people. Unless we have rules absolute power will cause corruption.
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Grand Jury =
True Bill = Indictment
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Grand Jury=
No Bill = No Indictment
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1st Amendment
1. Freedom of Religion.
2. Freedom of Speech.
3. Freedom of Press.
4. Right of Peaceful Assembly.
5. Right to Petition the Government.
79
2nd Amendment
As part of a well regulate military the right to bear arms.
80
3rd Amendment
No quarter of troops except in a manner prescribed by law.
81
4th Amendment
Prohibited search and seizure without probable cause.
82
5th Amendment
1. Right to a Grand Jury.
2. Prohibits double jeopardy.
3. Right against self incrimination.
4. Right to due process
5. Right to just compensation.
83
6th Amendment
1. Right to a speedy and public trial.
2. Right to an impartial jury.
3. Trial must take place were crime took place.
4. Right to be informed of crime against you.
5. Right to call witnesses for and against you.
6. Right to a lawyer.
84
7th Amendment
Right to a jury trial in a common law case.
85
8th Amendment
1. No excessive bail or fine.
| 2. No cruel or unusual punishment.
86
13th Amendment
Abolishment of slavery. But for those duly convicted in a court of law.
87
14th Amendment
1. Due process.
| 2. Equal protection under the law.
88
18th Amendment
Prohibition of alcohol.
88
Chief Justice Maryland
Robert M. Bell
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United States Attorney General
Eric H. Holder, Jr.
90
Director of the Federal Bureau of Investigation (FBI)
Robert Mueller
91
Director of Central Intelligence Agency
John O. Brennan
92
Director of Homeland Security
Janet Napolitano
93
Administrator of the Drug Enforcement Agency
Michele M. Leonhart
94
Director of the United States Secret Service
Julia Pierson
95
United States Secretary of State
John Kerry
96
Chief of Police Anne Arundel County
Larry Tolliver (resign May 21, 2013)
97
Laid the foundation for modern policing
Sir Henry Fielding
98
Created the London Metropolitan Police Department
Sir Robert Peel
99
The first territorial Police were
The Texas Rangers
100
Structure of the Maryland Court System
Court of Appeals - Law
Court of Special Appeals - Law
Circuit Court - Fact
District Court - Fact
101
This Supreme Court is the highest Court in the land was:
1. Established by Article III of the US Constitution.
2. Created by the Judiciary Act of 1789.
3. Empowered by Mulberry v. Madison.
102
Nine Justices on the Supreme Court of the United States.
1. Appointed by the President of the United States.
2. Confirmed by the US Senate.
3. Serve for Life.
103
Prosecutors are:
The most powerful position in the court system.
104
Line up
You need a lawyer if forced to be part of the line up.
105
Show up
Pictures no right to an attorney.
106
Adversary System
the accused person is persumed innocent and the burden of proof is place on the court
107
Author of the Bill of Rights was:
James Madison
108
Barron v. Baltimore
The right to just compensation doesn't apply (5th Amendment)
109
Hurtado v. California
the right to a Grand Jury doesn't apply (5th Amendment)
110
Gitlow v. New York
The 1st Amendment rights apply to states. (1st Amendment)
111
Powell v. Alabama
Black men accused of rape of white girls the case went to the Supreme Court. The Scotsbrough Boy Case. The three conditions were 1. Poor 2. illiterate 3. were in a hostile environment. (6th Amendment) The right to an attorney.
112
Palko v. Connecticut
Double jeopardy doesn't apply. Case was re-tried (5th Amendment)
113
Benson v. Maryland
Double Jeopardy does apply
114
Probable Cause
refers to facts or apparent facts that are reliable and generate a reasonable belief that a crime has been committed.
115
Illinois v. Gates
Totality of the circumstance.
116
Terry v. Ohio
Stop and Frisk
117
Mapps v Ohio
Unreasonable search and seizure
118
Weeks v. US Federal case
| Mapps v. Ohio State case
Exclusionary Rule
119
Harris v. US
Plain view doctorine
120
Carroll Doctirine
the Courts's decision maintained tha an automobile or other vehicle may , upon probable cause be search without a warrent
121
US v. Ross
when police have probable cause they may search an entire vehicle including containers and package.
122
Illinois v. Wardlow
Running from the police could be suspicious conduct and constitutes a stop and frisk
123
Fruit of the poisonous tree:
Any evidence obtained illegally is tainted and can not be used as evidence against a suspect.
124
Deleware v. Prouse
Police officer approached a vehicle smell marijuana smoke. He saw marijuana on the floor. Fourth Amendment Illegal search and seizure.
125
Fresh Pursuit
Warrantless arrest and search is permissible in situation of fresh pursuit.
126
Consent to search
1. Who can give consent to search what,
2. What constitutes free and voluntary consent, and
3. Whether there is a principle of limited consent.
127
Harris v. US
Plain View Doctrine
128
Plain View Doctrine
If an police officer is that is in plain view if an officer is where he/she is supposed to be is therefore admissible as evidence.
129
Present Supreme Court is:
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John G. Roberts - Chief Justice
Antonin Scalia - Associate Justice
Anthony Kennedy - Associate Justice
Clarence Thomas - Associate Justice
Ruth Bader Ginsburg - Associate Justice
Stephen G. Breyer - Associate Justice
Samuel Alito - Associate Justice
Sonia Sotomayor - Associate Justice
Elena Kagan - Associate Justice
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First State Police
Pennsylvania State Police
131
First Metropolitan Police
New York City
