Exam 1 Flashcards
Consensus Theory
Society functions as a result of a groups agreement and consensus
Locke
Conflict Theory
Working class is exploited by the ruling class
Rousseau
Offenders Pathway
The possible outcomes for a criminal
Probable Cause
Information that would lead a reasonable person to believe that a person committed a crime
Wedding Cake
Celebrated Cases
Serious Felonies
Lesser Felonies
Misdemeanors
Discretion
Make decisions on the law based on ones judgement
Crime Control
Views CJ: Assembly Line
Main Goal: Controlling Crime
Emphasized: Speed and Finality
Due Process
Views CJ: Obstacle Course
Main Goal: Protecting Defendant’s Rights
Emphasized: Reliability (Same Results)
Cake: Celebrated Cases
Celebrity cases. Often televised. Court makes extra sure to not give preferential treatment.
Cake: Serious Felonies
Violent crimes often on unknown victims. Heavy punishment.
Cake: Lesser Felonies
Typically non-violent and offender often can know victim.
Cake: Misdemeanors
90% of all cases.
Stare Decisis
Once a court lays down a law, that other courts will adhere to that president
Criminal Law
Applying to criminal matters
Civil Law
Between two parties such as a divorce
Burden of Proof
To prove the defendant guilt beyond reasonable doubt
Reasonable Doubt
After hearing evidence, Jurors poses enough moral certainty that charges are true
They may still have doubts, but to the extent its affect a “reasonable person”
Substantive Law
Written law defining criminal acts
Procedural Law
Procedures and mechanisms for processing crime
Essential Elements of a Crime
Mens Reus (Guilty Mind)
Intent
Motive
The Act
Misdemeanor Charges
Incarceration less than a year in jail
Felonies Charge
Punishable by death and over a year in prison