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
First Degree Murder
Intentional killing with premeditation and deliberation
Seconds Degree Murder
Intentional, but impulsive
Felony Murder Rule
Committing a felony, and unintentionally killing someone, may be charged 1st Degree
Manslaughter vs Involuntary Manslaughter
Accidental killings
Voluntary: Killing without “cooling off”
Involuntary: Killing negligently
Affirmative Defense
Defense admits guilt, but explains reasons why he did it
Excuses
- Age
- Entrapment
- intoxication
- Duress
- Mistake of Fact
- Insanity
Motive
Why he did it?
Intent
What’s the purpose or goal of it?
UCR
Uniform Crime Reporting 16,000 agencies participate
Crime Rate
( # of Crimes/Population) x 100,000
Classical Theorists
People have free will to choose to be lawful or criminal by weighing cost and benefits.
Prevention over punishment
Becarria
Positivist Theorists
Science can be used to explain criminal behaviors, not free will.
Lombroso
Biological Theory
Criminals are affected because of the way they were born this way (Crimonogenic)
Psychology Theory
Criminals act because of their affected mental state
Sociological Theory
Criminals act because of their society and surroundings
Hierarchy Rule
UCR only reports most serious crimes
Learnings Theory
Social learning processes that can turn you into a criminal
Control Theory
People are rational, and will maximize pleasure and minimize pain
NCVS
Randomly samples many homes to collect criminal data and do interviews every two years
Who’s Victimized?
Women, youth, non-white, poor people
Dentological Ethics
The study of ones duty to act. When police see law violation, they must act
Absolute Ethics
Good or bad, two sides
Relative Ethics
Shades of grey, multitude is sides
Principle of Double Effect
Might have to do something bad to get to the good end
Noble Cause Corruption
Committing an unethical act for the greater good
Meat Eater Corruption
Seeking out corruptions and bribes and such
Grass Eater Corruption
Just accepting an “falling into” Corruption
Law Enforcement Oath of Honor
A code for police. Made shorter as to remember easier is ethical quandaries
Accepted Lying
Police activities intended to apprehend a suspect
Deviant Lying
A police officer lying to convict a suspect
Gratuities
Police takings loans, free food, services, etc. some stations consider it bad other’s don’t
Ethics Reform Act
Addressed ethical concerns that affect their impartiality such as bribes, gifts, for federal employees
Whistleblower Protection Act
Worker believes that heir disclosure shows a violation of law
Strengthened Ethics Reform Act
Slippery Slope
Treat into unacceptable illegal behavior because we let some things slide.
