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

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2
Q

Criminology is:

A

is the scientific study of the cause of crime rates, the punishment, rehabilitation of offenders and their rehabilitation.

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3
Q

Criminal procedure is:

A

encompasses a series of orderly steps (due process) authorized by the law and courts to determine weather a person is guilty or not guilty.

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4
Q

Criminal Law:

A

Law that deals with the offenses of offenders and defines crime, criminal intent against the peace and tranquility of the state.

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5
Q

Constitutional Law is

A

focuses on the legal rule of the governments power give to it by the constitution.. Mainly on individual rights.

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6
Q

Civil Law is

A

two individuals suing each other.

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7
Q

Three components of the criminal justice system are:

A

Police
Courts
Corrections

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8
Q

Due Process is:

A
  1. What you are charged with.
  2. Hearing.
    Uniformed application of the law.
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9
Q

Safe Streets Act of 1968

A

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.

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10
Q

Crime model

A

emphasizes efficiency is based on the view that the most important part of the criminal justice system is to suppress crime.

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11
Q

Ethnocentrism

A

the holding of ones culture and a way of doing things superior to all others. Was no longer appropriate for the new millennium.

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12
Q

Crime is a Social Construct

A

depends on were you are. Depends on weather a crime is a crime.

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13
Q

Defiance

A

what is relevant. What happens in your surroundings.

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14
Q

Criminal Behavior

A

effects the peace and tranquility of society.

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15
Q

Mens Rea

Actus Rea

A

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.

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16
Q

Mc’Naghten Rule

A

You don’t know the difference between right and wrong.

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17
Q

Durham Rule

A

Temporary insanity did not know at the time of the crime.

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18
Q

Entrapment

A

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.

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19
Q

Misdemeanor

A

are minor offenses that are general no more than $1000 and less than a year in jail.

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20
Q

Felonies

A

are serious crimes that are punishable by death or imprisonment longer than a year in a federal or state penitentiary.

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21
Q

Jails are:

A

short term incarceration.

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22
Q

Prisons are:

A

for long term incarceration.

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23
Q

Case Law

A

derived from court cases

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24
Q

Statutory Law

A

is derived by legislator.

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25
Q

Abettor

A

on who with requisite criminal intent, encourages, promotes, instigates, or stands by to assist in perpetrator of a crime

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26
Q

Accessory before the fact

A

is an individual who abets a crime but is not present when the crime is committed.

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27
Q

Accessory after the fact

A

one who knowing that a felony has been committed, receives, confronts, or assists perpetrator to hinder apprehension or conviction.

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28
Q

Administrative Law

A

derived by agency of a government. Such as the Environmental Protection Agency.

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29
Q

Conspiracy requires

A

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.

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30
Q

Natural Law

A

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.

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31
Q

Homicide

A

is the killing of an individual by another human being. This is not necessary a crime.

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32
Q

Murder

A

is a felonious killing of another human being.

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33
Q

Burglary

A

is criminal intent that is unlawful entry for some criminal purpose

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34
Q

First Degree Murder three elements are:

A
  1. Premeditation.
  2. Deliberation.
  3. Malice for aforethought.
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35
Q

Felony Murder Doctrine

A

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.

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36
Q

Specific Intent

A

you are specifically intended to commit the crime. Must be present in first degree murder case.

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37
Q

Robbery

A

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.

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38
Q

Arson

A

the burning down of a place it could be yours or someone else.

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39
Q

Breaking and entering

A

some one breaking the plan of your door.

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40
Q

Larceny

A

must be proven that an item was taken with no intent to return.

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41
Q

Embezzlement

A

a item which is given and entrusted with no intent to return.

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42
Q

Counterfeiting

A

illegal manufacturing of currency. This crime is investigated by the US Secret Service.

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43
Q

Forcible Rape

A

Having sexual intercourse with a person against his/her will an through the use or threat of force or fear.

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44
Q

Seduction

A

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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45
Q

Statutory Rape

A

Having sexual intercourse with a person under a stated age

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46
Q

Adultery

A

Sexual intercourse between a man and woman at least of whom is married to someone else.

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47
Q

Incest

A

Sexual intercourse between parent and child, any pair of siblings, or close blood relatives.

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48
Q

Sodomy

A

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)

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49
Q

Indecent exposure (exhibitionism)

A

Exposure of sexual organ in a public place.

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50
Q

Lewdness

A

Degenerate sexual behavior that is so well know that it may result in corruption of the public decency.

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51
Q

Obscenity

A

That which is offensive to morality or chastity and is calculated to corrupt the mind and moral if those exposed to it.

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52
Q

Pornography

A

Literature, art, film, pictures, other articles of a sexual nature that are considered obscene by a community’s moral standards.

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53
Q

Bigamy

A

The act of marring while a former marriage is still legally in forced.

54
Q

Polygamy

A

The act of having several spouses.

55
Q

Prostitution

A

The offering of sexual relations for monetary or other gain.

56
Q

Child Molesting

A

Handling, fondling, or other contact of a sexual nature with a child.

57
Q

Sexual assault

A

An sexual contact with another person that occurs with out consent of the victim or offensive to the victim.

58
Q

Voyeurism (peeping)

A

The surreptitious observance of an exposed body or sexual act.

59
Q

The Harrison Act of 1914

A

Defined as criminal any manufacture, prescription, transfer, or possession of narcotic by persons who were not authorized to pay taxes on them.

60
Q

Disorderly Conduct

A

Any act that tends to disturb the public peace, scandalize the community, or shock the public sense of morality.

61
Q

Disturbing the peace

A

Any interruption of the peace, quite and good order of a neighborhood or community

62
Q

Breech of the peace

A

The breaking other public peace by any riotous, forcible, or unlawful proceeding.

63
Q

Harassment

A

Any act that serves to annoy or alarm another person.

64
Q

Stalking

A

the willful, malicious, and repeated following or harassing of another person.

65
Q

Drunkenness

A

the condition of being under the influence of alcohol.

66
Q

Public Intoxication

A

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
Q

Loitering

A

Idling or lounging o a street or other public way in a manner that serves to interfere with or annoy passerby.

68
Q

Criminal Nuisance

A

Any conduct that is unreasonable and that endangers the health and safety of others.

69
Q

Vagrancy

A

The condition of being idle and having no visible means of support.

70
Q

Desecration

A

The defacing, damaging, or mistreatment of a public structure, monument, or place of worship or burial.

71
Q

Domestic Violence

A

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
Q

Hate Crime

A

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
Q

The Uniformed Crime Reports (UCR)

A
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
74
Q

Victimization National Survey

A

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
Q

Bill of Rights

A

Restrict a governments action against a people. Unless we have rules absolute power will cause corruption.

76
Q

Grand Jury =

A

True Bill = Indictment

77
Q

Grand Jury=

A

No Bill = No Indictment

78
Q

1st Amendment

A
  1. Freedom of Religion.
  2. Freedom of Speech.
  3. Freedom of Press.
  4. Right of Peaceful Assembly.
  5. Right to Petition the Government.
79
Q

2nd Amendment

A

As part of a well regulate military the right to bear arms.

80
Q

3rd Amendment

A

No quarter of troops except in a manner prescribed by law.

81
Q

4th Amendment

A

Prohibited search and seizure without probable cause.

82
Q

5th Amendment

A
  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
Q

6th Amendment

A
  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
Q

7th Amendment

A

Right to a jury trial in a common law case.

85
Q

8th Amendment

A
  1. No excessive bail or fine.

2. No cruel or unusual punishment.

86
Q

13th Amendment

A

Abolishment of slavery. But for those duly convicted in a court of law.

87
Q

14th Amendment

A
  1. Due process.

2. Equal protection under the law.

88
Q

18th Amendment

A

Prohibition of alcohol.

88
Q

Chief Justice Maryland

A

Robert M. Bell

89
Q

United States Attorney General

A

Eric H. Holder, Jr.

90
Q

Director of the Federal Bureau of Investigation (FBI)

A

Robert Mueller

91
Q

Director of Central Intelligence Agency

A

John O. Brennan

92
Q

Director of Homeland Security

A

Janet Napolitano

93
Q

Administrator of the Drug Enforcement Agency

A

Michele M. Leonhart

94
Q

Director of the United States Secret Service

A

Julia Pierson

95
Q

United States Secretary of State

A

John Kerry

96
Q

Chief of Police Anne Arundel County

A

Larry Tolliver (resign May 21, 2013)

97
Q

Laid the foundation for modern policing

A

Sir Henry Fielding

98
Q

Created the London Metropolitan Police Department

A

Sir Robert Peel

99
Q

The first territorial Police were

A

The Texas Rangers

100
Q

Structure of the Maryland Court System

A

Court of Appeals - Law
Court of Special Appeals - Law
Circuit Court - Fact
District Court - Fact

101
Q

This Supreme Court is the highest Court in the land was:

A
  1. Established by Article III of the US Constitution.
  2. Created by the Judiciary Act of 1789.
  3. Empowered by Mulberry v. Madison.
102
Q

Nine Justices on the Supreme Court of the United States.

A
  1. Appointed by the President of the United States.
  2. Confirmed by the US Senate.
  3. Serve for Life.
103
Q

Prosecutors are:

A

The most powerful position in the court system.

104
Q

Line up

A

You need a lawyer if forced to be part of the line up.

105
Q

Show up

A

Pictures no right to an attorney.

106
Q

Adversary System

A

the accused person is persumed innocent and the burden of proof is place on the court

107
Q

Author of the Bill of Rights was:

A

James Madison

108
Q

Barron v. Baltimore

A

The right to just compensation doesn’t apply (5th Amendment)

109
Q

Hurtado v. California

A

the right to a Grand Jury doesn’t apply (5th Amendment)

110
Q

Gitlow v. New York

A

The 1st Amendment rights apply to states. (1st Amendment)

111
Q

Powell v. Alabama

A

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
Q

Palko v. Connecticut

A

Double jeopardy doesn’t apply. Case was re-tried (5th Amendment)

113
Q

Benson v. Maryland

A

Double Jeopardy does apply

114
Q

Probable Cause

A

refers to facts or apparent facts that are reliable and generate a reasonable belief that a crime has been committed.

115
Q

Illinois v. Gates

A

Totality of the circumstance.

116
Q

Terry v. Ohio

A

Stop and Frisk

117
Q

Mapps v Ohio

A

Unreasonable search and seizure

118
Q

Weeks v. US Federal case

Mapps v. Ohio State case

A

Exclusionary Rule

119
Q

Harris v. US

A

Plain view doctorine

120
Q

Carroll Doctirine

A

the Courts’s decision maintained tha an automobile or other vehicle may , upon probable cause be search without a warrent

121
Q

US v. Ross

A

when police have probable cause they may search an entire vehicle including containers and package.

122
Q

Illinois v. Wardlow

A

Running from the police could be suspicious conduct and constitutes a stop and frisk

123
Q

Fruit of the poisonous tree:

A

Any evidence obtained illegally is tainted and can not be used as evidence against a suspect.

124
Q

Deleware v. Prouse

A

Police officer approached a vehicle smell marijuana smoke. He saw marijuana on the floor. Fourth Amendment Illegal search and seizure.

125
Q

Fresh Pursuit

A

Warrantless arrest and search is permissible in situation of fresh pursuit.

126
Q

Consent to search

A
  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
Q

Harris v. US

A

Plain View Doctrine

128
Q

Plain View Doctrine

A

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
Q

Present Supreme Court is:

A
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
130
Q

First State Police

A

Pennsylvania State Police

131
Q

First Metropolitan Police

A

New York City