Exam 1 Flashcards
Crime
Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.
Justice
There are several types of justice
1. The concept of fairness or moral equity
2. An ideal that embraces all aspects of civilized life
3. Linked to fundamental notion s of fairness and to cultural beliefs about right and wrong
Due Process
A goal of the CJ System
Ensuring procedural fairness (Justice)
Ensuring adherence to the rules (Rules of the Criminal procedure)
Role of the Supreme Court - landmark cases that alter the way the system works
Evidence-based practices
Crime-fighting strategies that have been scientifically tested and are based on social science research
A major element in the increasing professionalization of CJ
Demand is increasing for it
Concurrence
Required for a criminal offense to take place
The coexistence of (1) an act in violation of the law, and (2) a culpable mental state
The guilty mind and harm have to happen at the same time
Rule of Law
The maxim that an orderly society must be governed by established principles and know codes that are applied uniformly and fairly to all of its members.
Includes these elements
1. Freedom from private lawlessness
2. Norms that everyone agree on
3. Substantive and procedural limitations on government power (rules that must be followed in the course of an investigation)
UCR
Uniform Crime Report - began in 1930
Implemented by the FBI
Uses standardized definitions of offenses to ensure uniformity in reporting
Contains 8 part 1 offenses
Only the most serious crime committed during an incident is reported
NCVS
National Crime Victimization Survey
Designed to estimate the occurrence of all crimes, whether reported or not
Based on self reports
Only ages 12+ are interviewed
Clearance Rate
percent of crimes that are solved
Inchoate Offense
An offense not yet completed
An offense that consists of an action or conduct that is a step toward the intended commission of another offense
NIBRS
National Incident Based Reporting System
Incident driven not summary driven
Gathers many details about each criminal incident
Individual Incidents
Collects weapon info for all violent offenses
Hierarchy rule
Only the most serious crime committed during an incident is reported
Ex if a victim was robbed, murdered and then their house was set on fire to destroy the evidence, it gets reported as 1 murder.
Law
A rule of conduct, generally found enacted in the form of a statue, that proscribes or mandates certain forms of behavior.
Statutory law
Penal Code
Case law
Common law
Motive
A persons reason for committing a crime
Cannot directly measure mens rea (A guilty mind)
Mens rea must generally e inferred from a person’s actions and from all circumstances
Procedural defense to a criminal charge
Procedural defenses make the claim that the defendant was in some manner discriminated against in the justice process.
