exam 1 Flashcards

1
Q

examples of corporate crimes

A

falsifying info on financial statements
dangerous work environments
manipulating the stock market
briery
false claims in advertisement
embezzlement

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2
Q

organized crime

A

a group of professional criminals who work together as part of a powerful and secret organization

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3
Q

myths about corporate crimes

A
  1. Corporate crime case less physical and
    financial damage then street crimes.
  2. Seen as an individual’s misconduct, and not
    that of the corporation as a whole.
  3. Current laws and enforcement are more
    than sufficient to deal with the problem.
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4
Q

corporate crime

A

crime committed by either a corporation or by individuals acting on behalf of a corporation

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5
Q

drug cartels

A

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
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6
Q

alien conspiracy myth

A

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.
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7
Q

Racketeering

A

The organized criminals set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation to repeatedly or consistently collect a profit

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8
Q

RICO

A

Racketeer Influenced and Corrupt Organizations Act
- federal law to help combat against crime in United States

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9
Q

criminal syndicate

A

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.
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10
Q

gray market arms trafficking

A

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

  1. Fraudulent documents might be used to disguise who the actual
    customer is.
  2. Fraudulent documents might hide the actual military nature of the
    arms.
  3. False declarations disguising who the supplier is.
  4. The arms transfer might be disguised as “humanitarian aid”.
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11
Q

crime

A

act against the law and causes a punishment

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12
Q

civil law

A

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.

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13
Q

criminal law

A

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

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14
Q

components of a criminal act

A

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)

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15
Q

5 primary goals of criminal law in the US

A

retribution
restitution
rehabilitation
incapacitation
deterrence

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16
Q

what does a prosecutor do?

A

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

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17
Q

what could prosecution agreements look like ?

A

pay a fine
waive the statue of limitations
cooperate with government

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18
Q

Deferred prosecution agreement (Non-prosecution agreement)

A

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)

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19
Q

types of intimate partner violence

A

physical
verbal
emotional
mental
sexual abuse
spiritual
digital/cyber
financial

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20
Q

why do abuser abuse

A

power

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21
Q

barriers to leaving an abusive partner

A

social expectations
fear of escalated violence
self blame
religion
lack of finial or emotional support

22
Q

statistics show

A
  1. There is no crime wave in the U.S.
  2. The majority of crimes committed in the U.S. are not violent
    (yes, there are still violent crime, but they are not the majority.
  3. 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

23
Q

what is the hierarchy rule

A

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.

24
Q

3 categories of crime used by the UCR

A
  1. Crime against persons (such as murder/manslaughter, rape/sex crimes, kidnapping, assault)
  2. 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).
  3. Crimes against property: (such as burglary, wire fraud,
    embezzlement, forgery, theft, larceny, shop lifting, welfare
    fraud, shoplifting).
25
Q

crime multiplier

A

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

26
Q

three major components of criminal justice system

A

police, courts and corrections

27
Q

a youth adjudicated as a delinquent has committed a

A

criminal offense

28
Q

____ cases involve youth who been harmed or neglected by their parents

A

dependency

29
Q

in juvenile justice ____ refers to the trial

A

adjudication

30
Q

in juvenile cases which of the following individuals renders the decision in a case

A

judge

31
Q

DPA’s are often used in which type of cases

A

corporate crime

32
Q

which amendment protects against unreasonable search and seisures

A

fourth amendment

33
Q

which amendment protects against double jeopardy and self incrimination

A

fifth amendment

34
Q

the crime of murder is considered

A

a felony

35
Q

has the number of youth in custody declined? By how much?

A

has declined 50% since 2006

36
Q

what is required to send a juvenile case to adult court ?

A

judicial wavier
or may be direct file

37
Q

judicial wavier

A

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

38
Q

direct file

A

DA files a juvenile case directly in adult criminal court

39
Q

kent V. United States

A

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.

40
Q

first juvenile court established

A

chicago, Illinois

41
Q

parens patriae

A

the best interest of the child

gives the state the power to act as a child’s parent

42
Q

due process

A

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

43
Q

in re gault

A

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

44
Q

In re Winship

A

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)
45
Q

adjudication

A

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)

46
Q

juvenile justice and delinquency prevention act

A

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

47
Q

Ropper v Simmons

A

juveniles can not get the death penalty

48
Q

Graham v Florida

A

In Graham v. Florida, the Court banned the use of life without parole for juveniles not convicted
of homicide.

49
Q

juvenile delinquency proceedings

A

potion
delinquency proceeding
detention hearing
adjudication hearing
adjudicated
disposition

50
Q

drug paraphernalia

A

anything to be used with a dug
ex. bong, pipes, spoon, needle

misdemeanor

51
Q

narcotics act

A
52
Q

marjana act

A