Exam 1

Question 0

Criminology

Answer 0

Scientific study of the causes of crime , rates of crime , the punishment and rehabilitation of offenders , and the prevention of crime

Question 1

4 disciplines that criminal justice comes from

Answer 1

Criminology , criminal law , criminal procedure & constitutional law

Question 2

Criminal law

Answer 2

Branch of modern jurisprudence that deals with offenses committed against the safety and order of the state ( stealing , arisen , murder , rape)

Question 3

Criminal procedure

Answer 3

Encompasses the series of orderly steps and actions , authorized by law of the courts , used to determine whether a person accused of a crime is guilty or not guilty (tells them what the police must do)

Question 4

Constitutional law

Answer 4

The legal rules and principles that define the nature and limits of governmental power , and the duties and righted of individuals in relation to the state

Question 5

3 parts of criminal justice system

Answer 5

Police , court system , corrections system

Question 6

Crime control

Answer 6

This model emphasizes efficiency and is based on the view that the most important function of the criminal justice process is repression of criminal conduct

Question 7

Due process

Answer 7

The model stresses the possibility of error in the stages leading to trial ,it therefore emphasizes the need to protect procedural rights even if this prevents the legal system from operating with maximum efficiency

Question 8

Legalistic definition of crime

Answer 8

Emphasizes responsibility and intent , recognizes situations in which responsibility may be challenged or waived

Question 9

Sociological definition of crime

Answer 9

Recognizes that the law as written isn’t always the law as enforces and emphasized the role of social variables such as class and power

Question 10

Elements of a crime

Answer 10

Actus reus, Active commission, conspiracy, abettor, accessory before the fact, accessory after-the-fact, mensrea

Question 11

Actus reus

Answer 11

Guilty act, physical act you take during a crime

Question 12

Active commission

Answer 12

Committing crime, example not paying taxes

Question 13

Conspiracy

Answer 13

Acting in-concert in criminal purpose and it must involve two or more people. Example, taking part of a drug deal but not actually being there when the drug deal is taking place. Want to make an overt act you have committed a crime. Example, hiring a hitman. *crime is stopped before it happens

Question 14

abettor

Answer 14

One who with a recural intent encourages, promotes, instigates or standby to assist the perpetrator of the crime.

Question 15

Accessory before the fact

Answer 15

One who abets a crime but is not present when the crime is committed. Aware that the person is going to commit the crime.

Question 16

Accessory after-the-fact

Answer 16

One who knows a crime has been committed, receives, relieves assist the perpetrator to hinder apprehension or conviction

Question 17

MensRea

Answer 17

Guilty mind, intent to commit harm that was intended

• specific intent: crime happens
• General intent: intent for one crime to happen and another occurs

Question 18

Misdemeanor

Answer 18

A crime punishable by a year or less in county jail

Question 19

Felony

Answer 19

A crime punishable by more than a year in a state prison

Question 20

Mala in Se

Answer 20

Crimes are wrong in of themselves (wrong everywhere)

Question 21

mala prohibita

Answer 21

Crimes just because we say they’re wrong (speeding)

Question 22

Defenses to criminal responsibility

Answer 22

Age , self defense , necessity , defense of property , statue of limitations , mistake , involuntary act , duress , entrapment , insanity defense

Question 23

M’Naughten Rule (1843)

Answer 23

Sr. Robert Peel , prime minister of England. In his defense , he successfully argued that he didn’t know what he did was wrong at the time.

Question 24

Substance capacity (WHAT IL CURRENTLY USES)

Answer 24

Persons inability to understand wrongfulness of act or to conform to the requirements of the law.
*adds behavioral component , unlike M’Naughten

Question 25

Durham rule (1954)

Answer 25

• if he/she suffers from a diseased or defective mental condition at the time if the unlawful act
• john hianackey jr shot Ronald ragen , found not guilty

Question 26

Guilty but mentally III

Answer 26

You find them guilty of crime , you get sent to prison but have to get psychiatric help

Question 27

Statue of limitations

Answer 27

Certain amount of time you have to be convicted of a crime , traditionally about 7 years. * does not include murder & rape

Question 28

Mistake

Answer 28

Mistake of a fact , you have to argue you did not know that what you did was criminal
* example : grabbing backpack by mistake but returning it

Question 29

Involuntary act

Answer 29

Involuntary intoxication ; if someone else drugs you and you commit a crime

Question 30

Duress

Answer 30

You committed a harm because you are being forced to. You can only use duress if the crime is less than what you are being forced to do

Question 31

Entrapment

Answer 31

The inducement of an individual to commit a crime , not contemplated by him or her , undertaken for the sole purpose of instituting a criminal prosecution against the individual

• example - if “police” offers to sell you weed and you accept then that is entrapment , because you were not already planning to do it.
• if YOU present the crime , it is not entrapment

Question 32

Age

Answer 32

Under the traditional common law you are an adult at the age of 14. Between the ages of 7 & 13 if they can show that you knew the difference between right and wrong then you are an adult.

• MO & IL is 17

Question 33

Self defense

Answer 33

In fear of death or injury unable to escape , and did not initiate the aggression , the force must also be reasonable under circumstances.

• example - rape or theft

Question 34

Necessity

Answer 34

Committing a harm in order to prevent a greater harm from occurring

• example - Queen v. Dudley & Stevens (1884)

Question 35

Defense of property

Answer 35

You are able to use a limited amount of force in defense of a property
* example - someone breaking into your car , you can run over and push them.

Question 36

Classical criminology

Answer 36

Beccaria & Bentham

Question 37

Beccaria (from Italy)

Answer 37

Essays on crime & punishment. First secular explanation of a crime , non-religious reason for committing a crime. He says people commit crime because of free will

Question 38

Bentham

Answer 38

Hedonistic calculus - quantifying pleasure , pain principles. Panopticon * whole concept behind classical criminology is deterinst , we want to prevent people from committing crimes

Question 39

Positivist criminology

Answer 39

Lombroso - born criminal , insane criminal & criminaloid

Question 40

Lombroso

Answer 40

He was a trained physician/Medical doctor. Came up with 3 categories. He thinks there is a biological reason for crime. Works for prison & military * first person to apply the scientific method to the study of crime

Question 41

Born criminal

Answer 41

They are a lower form of human , not fully evolved. Looks at their physical features - skull larger or smaller than normal , droopy eyelids , small or big ears , sunk in eyes

Question 42

Insane criminal

Answer 42

People entirely without responsibility for their criminal actions because they are mental

Question 43

Criminaloid

Answer 43

Milder type of born criminal , abitial criminal : went to prison early in life (alcoholics)