Exam 1 Flashcards

1
Q

What is a crime

A

Violation of a criminal law that has a sanction

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2
Q

What is a criminal law

A

Crime that is punishable with jail time

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3
Q

What is due process and where is it found

A

Right to a trial

15th and 4th amendments of the constitution

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4
Q

Verdict in Butler case

A

Defendant was found not guilty

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5
Q

Mala in se. Crimes?

Ex

A

Inherently evil

Rape murder

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6
Q

Mala prohibita crime? Example

A

Illegal only because there is a law in place

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7
Q

Major players in butler trial

And their roles

A
Brenton Butler- accused
Detectives- investigate crime
McGinnes- public defender
Mother- witness
Mr. Stevens-accuser
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8
Q

Difference between crime control and due process

A

Cc has heavy focus on arresting

DP has a heavy focus on people’s rights

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9
Q

What amendments are most critical when it comes to the criminal justice system

A

4,5,6,8,14

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10
Q

Explain some rights in these amendments only by way of cases

A

Ohio v Mapp- unreasonable search and seizure: 4

Gideon v Wainright- the right to an attorney: 6

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11
Q

What are Gideon and Mapp about

A

Right to attorney
R
Unreasonable search and seizure

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12
Q

What is the exclusionary rule?

A

Evidence obtained illegally can be thrown away

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13
Q

What methods do we use to measure crime in the us

A

Uniform Crime Report
Victim surveys
Self-report surveys

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14
Q

What is a victimless crime

A

Crime where nobody is a victim

I.e. Gambling and prostitution

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15
Q

Clearance rates- what are they- how do they work? What is the national homicide average for clearance rates and other rates for homicide and other part 1 index crimes

A

Crimes that haven’t been solved
2 ways to clear: arrest or exceptional means aka the accused can not be arrested, dead or fled the country
about 65% of homicides are cleared

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16
Q

How do we measure crime

A

The uniform crime index

17
Q

Which crime measure is best

A

Depends on what wants to be found

18
Q

What can be said about crime rates in the US

A

They are decreasing

19
Q

What are the 3 elements of a crime

A

Mens Rea- guilty mind
Actus Reus- act itself
Causal link

20
Q

Where do we get our laws from

A

Legislative branch

21
Q

Difference between feeling and misdemeanor

A

Felony is more serious and more than one year is spent in jail
Misdemeanor is less serious and up to one year can be spent in jail

22
Q

Criminalization vs decriminalization

A

Create a crime

Deregulate a crime

23
Q

Barron v Baltimore

A

Deals with the no state clause
14 amendment
The bill of rights is bound to all the states