Criminal Justice Study Guide Flashcards
Criminal Justice is:
refers to the structure components, law and function that deals with the criminal justice system. Courts, police, corrections
Criminology is:
is the scientific study of the cause of crime rates, the punishment, rehabilitation of offenders and their rehabilitation.
Criminal procedure is:
encompasses a series of orderly steps (due process) authorized by the law and courts to determine weather a person is guilty or not guilty.
Criminal Law:
Law that deals with the offenses of offenders and defines crime, criminal intent against the peace and tranquility of the state.
Constitutional Law is
focuses on the legal rule of the governments power give to it by the constitution.. Mainly on individual rights.
Civil Law is
two individuals suing each other.
Three components of the criminal justice system are:
Police
Courts
Corrections
Due Process is:
- What you are charged with.
- Hearing.
Uniformed application of the law.
Safe Streets Act of 1968
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.
Crime model
emphasizes efficiency is based on the view that the most important part of the criminal justice system is to suppress crime.
Ethnocentrism
the holding of ones culture and a way of doing things superior to all others. Was no longer appropriate for the new millennium.
Crime is a Social Construct
depends on were you are. Depends on weather a crime is a crime.
Defiance
what is relevant. What happens in your surroundings.
Criminal Behavior
effects the peace and tranquility of society.
Mens Rea
Actus Rea
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.
Mc’Naghten Rule
You don’t know the difference between right and wrong.
Durham Rule
Temporary insanity did not know at the time of the crime.
Entrapment
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.
Misdemeanor
are minor offenses that are general no more than $1000 and less than a year in jail.
Felonies
are serious crimes that are punishable by death or imprisonment longer than a year in a federal or state penitentiary.
Jails are:
short term incarceration.
Prisons are:
for long term incarceration.
Case Law
derived from court cases
Statutory Law
is derived by legislator.
Abettor
on who with requisite criminal intent, encourages, promotes, instigates, or stands by to assist in perpetrator of a crime
Accessory before the fact
is an individual who abets a crime but is not present when the crime is committed.
Accessory after the fact
one who knowing that a felony has been committed, receives, confronts, or assists perpetrator to hinder apprehension or conviction.
Administrative Law
derived by agency of a government. Such as the Environmental Protection Agency.
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.
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.
Homicide
is the killing of an individual by another human being. This is not necessary a crime.
Murder
is a felonious killing of another human being.
Burglary
is criminal intent that is unlawful entry for some criminal purpose
First Degree Murder three elements are:
- Premeditation.
- Deliberation.
- Malice for aforethought.
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.
Specific Intent
you are specifically intended to commit the crime. Must be present in first degree murder case.
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.
Arson
the burning down of a place it could be yours or someone else.
Breaking and entering
some one breaking the plan of your door.
Larceny
must be proven that an item was taken with no intent to return.
Embezzlement
a item which is given and entrusted with no intent to return.
Counterfeiting
illegal manufacturing of currency. This crime is investigated by the US Secret Service.
Forcible Rape
Having sexual intercourse with a person against his/her will an through the use or threat of force or fear.
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
Statutory Rape
Having sexual intercourse with a person under a stated age
Adultery
Sexual intercourse between a man and woman at least of whom is married to someone else.
Incest
Sexual intercourse between parent and child, any pair of siblings, or close blood relatives.
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)
Indecent exposure (exhibitionism)
Exposure of sexual organ in a public place.
Lewdness
Degenerate sexual behavior that is so well know that it may result in corruption of the public decency.
Obscenity
That which is offensive to morality or chastity and is calculated to corrupt the mind and moral if those exposed to it.
Pornography
Literature, art, film, pictures, other articles of a sexual nature that are considered obscene by a community’s moral standards.