exam 1 Flashcards
examples of corporate crimes
falsifying info on financial statements
dangerous work environments
manipulating the stock market
briery
false claims in advertisement
embezzlement
organized crime
a group of professional criminals who work together as part of a powerful and secret organization
myths about corporate crimes
- Corporate crime case less physical and
financial damage then street crimes. - Seen as an individual’s misconduct, and not
that of the corporation as a whole. - Current laws and enforcement are more
than sufficient to deal with the problem.
corporate crime
crime committed by either a corporation or by individuals acting on behalf of a corporation
drug cartels
criminal organizations developed whose primary purpose is promoting and controlling drug trafficking operations
- Mexican drug cartel dominate wholesale illicit drug markets and control 90% of the cocaine entering the united states
alien conspiracy myth
The Alien Conspiracy Theory: was developed in the United
States in the mid-1900s as a lens through which to view a particular crime problem.
- It is based on the premise that organized crime is not native
to American culture but, rather, a phenomenon introduced by
foreigners.
Racketeering
The organized criminals set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation to repeatedly or consistently collect a profit
RICO
Racketeer Influenced and Corrupt Organizations Act
- federal law to help combat against crime in United States
criminal syndicate
an association of racketeers in control
of organized crime.
- Remain rooted in local conditions, shielded by local politics and limited by the need to control personnel at the local level.
gray market arms trafficking
A deception in weapon deals, as legally purchased arms are shifted into the hands of someone other than the “purported” recipient
- without it, would be impossible to smuggle a tank, military helicopter etc
- Fraudulent documents might be used to disguise who the actual
customer is. - Fraudulent documents might hide the actual military nature of the
arms. - False declarations disguising who the supplier is.
- The arms transfer might be disguised as “humanitarian aid”.
crime
act against the law and causes a punishment
civil law
governs disputes/injuries between individuals (or private parties, corporations). The
penalty is usually financial, and sometimes an agreement to make a change for safety purposes.
criminal law
is the body of law that defines criminal offenses, regulates the apprehension, charging and
trial of suspected individuals. Also sets the penalties and treatment/rehabilitation applicable to convicted
offenders or adjudicated minor
components of a criminal act
actus reaus: Evil ac (society must decide which acts are wrong)
mens rea : evil thought
intent : intent to commit the evil act
concurrence : mens really + actus reaus
strict liability: certain cases where individual lacked mens reality to commit crime (such as drunk driver who kills another person in an accident)
5 primary goals of criminal law in the US
retribution
restitution
rehabilitation
incapacitation
deterrence
what does a prosecutor do?
lawyers employed by the government to represent the people of their jurisdiction in criminal trials. us prosecutors at the county, state and federal levels work with police, victims and witnesses to bring suspected criminals to justice in courts of law
what could prosecution agreements look like ?
pay a fine
waive the statue of limitations
cooperate with government
Deferred prosecution agreement (Non-prosecution agreement)
The prosecutor files a charging document with the court, but simultaneously requests that the
prosecution be postponed to allow the defendant to demonstrate its good conduct (and
compliance with agreed upon terms)
types of intimate partner violence
physical
verbal
emotional
mental
sexual abuse
spiritual
digital/cyber
financial
why do abuser abuse
power
barriers to leaving an abusive partner
social expectations
fear of escalated violence
self blame
religion
lack of finial or emotional support
statistics show
- There is no crime wave in the U.S.
- The majority of crimes committed in the U.S. are not violent
(yes, there are still violent crime, but they are not the majority. - Most crimes of violence are not committed by a stranger but
involve some sort of familiarity between the victim and perpetrator
(relatives, immediate family members, friends, acquaintances).
4.Most violent crimes are intra-racial
what is the hierarchy rule
The data presented in Crime in the United
States (UCR reporting) reflect the
Hierarchy Rule, which requires that only the
most serious offense in a multiple-offense
criminal incident be counted.
3 categories of crime used by the UCR
- Crime against persons (such as murder/manslaughter, rape/sex crimes, kidnapping, assault)
- Crimes against society (such as prostitution, gambling,
DUI’s, curfew, disorderly conduct, weapons violations,
obscene material, “peeping Tom” (sorry if your name is
Tom, this term comes straight from the UCR). - Crimes against property: (such as burglary, wire fraud,
embezzlement, forgery, theft, larceny, shop lifting, welfare
fraud, shoplifting).
crime multiplier
The saturated media presentation of crime that
leads to a public belief there is more crime than
there is. In addition, this disproportionate and
repetitive coverage leads to enhanced fear of
crime among the public
three major components of criminal justice system
police, courts and corrections
a youth adjudicated as a delinquent has committed a
criminal offense
____ cases involve youth who been harmed or neglected by their parents
dependency
in juvenile justice ____ refers to the trial
adjudication
in juvenile cases which of the following individuals renders the decision in a case
judge
DPA’s are often used in which type of cases
corporate crime
which amendment protects against unreasonable search and seisures
fourth amendment
which amendment protects against double jeopardy and self incrimination
fifth amendment
the crime of murder is considered
a felony
has the number of youth in custody declined? By how much?
has declined 50% since 2006
what is required to send a juvenile case to adult court ?
judicial wavier
or may be direct file
judicial wavier
hearing is held to determine whether the youth should remain in juvenile court or if the case should be transferred to adult criminal court for processing
direct file
DA files a juvenile case directly in adult criminal court
kent V. United States
trial ruling: juveniles must be given a hearing prior to the juvenile court transferring their jurisdiction to the adult court
The juvenile court transferred jurisdiction of his case to the adult
court. He was convicted as an adult and ordered to serve 30 to 90 years in prison. He appealed and at age 21 the Supreme Court vacated his conviction.
first juvenile court established
chicago, Illinois
parens patriae
the best interest of the child
gives the state the power to act as a child’s parent
due process
ESTABLISHED RULES AND PRINCIPLES
DESIGNED TO PROTECT OUR PRIVATE
RIGHTS AS FOUND IN THE FIFTH AND
FOURTEENTH AMENDMENTS. THIS IS
TO PREVENT THE GOVERNMENT FROM
UNFAIRLY OR ARBITRARILY DEPRIVING
ANYONE OF US OF LIFE, LIBERTY, OR
PROPERTY
in re gault
The Supreme Court held that the Due Process Clause of the Fourteenth Amendment applied equally to juvenile offenders as well as to adult offenders
His mom was never notified of his arrest, nor was there any formal
filing of the charges against him. A hearing was later held, in which his mom was again not
permitted to attend, and Gault was sentenced to 6 years in a juvenile detention facility. There
were never any formal notices and a lack of written records for any of Gault’s hearings. The
Supreme Court overturned his sentence due to his due process rights being violated
In re Winship
The Supreme Court held that the burden of proof for juvenile adjudication hearings must be the same burden of proof as required in the adult criminal courts, which is beyond a reasonable doubt.
during the court proceeding, the prosecuting attorney was not able to
prove Samuel’s guilt beyond a reasonable doubt, nonetheless he was adjudicated for the crime
of larceny.
- Prior to this Court decision the burden of proof required in the juvenile courts was that of the
lower standard, by a preponderance of the evidence. - Adjudication: The juvenile court hearing where the court decides whether a juvenile has committed a criminal act. (never done)
adjudication
Criminal Courts: Adults are found guilty or
pled guilty and convicted of a criminal
offense.
Juvenile Delinquency Court: Juveniles
are adjudicated and declared wards of
the court (probation departments will
monitor those youth).
Juvenile Dependency Court: Juveniles are
declared dependents of the court (social
services will monitor those cases ( abused and neglected children)
juvenile justice and delinquency prevention act
youth and families involved with juvenile and criminal courts should be guarded by federal standards for care and custody while also upholding the interests of community safety and prevention of victimization
Ropper v Simmons
juveniles can not get the death penalty
Graham v Florida
In Graham v. Florida, the Court banned the use of life without parole for juveniles not convicted
of homicide.
juvenile delinquency proceedings
potion
delinquency proceeding
detention hearing
adjudication hearing
adjudicated
disposition
drug paraphernalia
anything to be used with a dug
ex. bong, pipes, spoon, needle
misdemeanor
narcotics act
marjana act
