Criminal Justice System: Flashcards

1
Q

Crime Categories:

A
  • Crime Against Persons
  • Crimes Against Property
  • Victimless Crimes
  • White Collar Crimes
  • Organized Crime
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2
Q

Types of Defense:

A

1) Insanity Defense
2) Intoxication Defense
3) Self-Defense

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3
Q

Insanity Defense:

A

Implies that the individual was not of sane mind when committing the alleged crime and unable to comprehend the consequences of his/her actions. Therefore should not be held criminally liable at this time.

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4
Q

Intoxication Defense:

A

Argues that since the individual was intoxicated on a toxic substance, he/she was not fully responsible for the actions committed while under the spell of the substance.

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5
Q

Self Defense:

A

Involves the act of protecting ones self or family from harm. Self defense is the only valid defense when the consequence of the alleged violation is proportionate to the defensive force or act.

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6
Q

Types of Crimes:

A
  • Petty Offenses
  • Misdemeanors
  • Felonies
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7
Q

Petty Offenses:

A

Minor crimes usually punished with a ticket and fine.

-Parking illegally, disturbing the peace.

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8
Q

Misdemeanors:

A

More serious crimes that may be punished by fine or imprisonment up to 1 year. Up to $1,000 fine.
-Vandalism, simple assault, writing bad checks

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9
Q

Felonies:

A

Serious Crimes punishable by lengthy prison sentences or capital punishment (the death penalty)
-Kidnapping, arson, rape, murder, fraud

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10
Q

Rights of Accused are listed under which amendments?

A

5th & 6th Amendment

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11
Q

5th Amendment:

A
  • Can not be forced to incriminate ones self
  • Right to a Grand Jury
  • Cant be tried for same offense of law twice
  • Right to due Process (Fair Treatment)
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12
Q

6th Amendment:

A
  • Must be told what crimes they have been charged with
  • have the right to a speedy and public trial
  • have the right to a lawyer
  • have the right to question witnesses
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13
Q

Double Jeopardy

A

Cant be tried for the same offense twice according to the 5th amendment

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14
Q

Criminal Cases:

A
  • Arrest
  • Initial Hearing
  • Trial
  • Sentencing
  • Appeal
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15
Q

What percent of plea barging takes place in criminal cases?

A

90% of cases

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16
Q

Who decides if there is enough evidence to hold a trial?

A

The Grand Jury

17
Q

When is the eligibility for Parole decided?

A

In the sentencing phase

18
Q

Civil Cases are called?

A

Lawsuits

19
Q

What do civil cases usually seek?

A

usually seeks damages (an award of money)

20
Q

Plaintiff: (civil case)

A

The person who brings up the complaint

21
Q

Defendant: (Civil case)

A

The person being sued

22
Q

Civil Cases:

A

1) Filing Suit
2) Trial
3) Jurys Verdict
4) Appeal

23
Q

What is the official notice of a lawsuit received by the defendant?

A

Summons

24
Q

What happens after the defendant receives the summons?

A

The defendant will file an answer (formal response to charges or complaint)

25
Q

Pretrial Discovery: (Civil Cases)

A

Both sides check facts and gather evidence

26
Q

What percent of civil cases resolve without trial?

A

90% of civil cases

27
Q

Mediation occurs when _____

A

Each side explains their position to the Arbitractor

28
Q

Civil cases are heard by a jury of how many members?

A

6-12 people