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Intro to Criminal Justice > Exam #1 (Ch. 1-3) > Flashcards

Exam #1 (Ch. 1-3) Flashcards

1
Q

Means of Control: Informal

A

Internal- the lifelong process of inheriting norms and customs, providing skills and habits necessary for participating within his or her own society (from school, sports, scouts, religion, etc.)

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2
Q

Means of Control: Formal

A

External- sanctions enforced by government to prevent chaos in society (from laws, fines, incarceration)

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3
Q

Victim

A

“A person who has suffered direct or threatened physical, emotional, or financial harm as a result of a commission of a crime.”

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4
Q

mala in se

A

inherently evil (ex. murder, rape, etc.)

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5
Q

Mala prohibita

A

less serious offenses that the Government also wants to prohibit (ex. jaywalking, loitering, etc.)

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6
Q

Classicism / Classic School

A

People can make their own decisions and laws should be clear (Becarria)

  • Humans are rational and have free will
  • We consider risks when choosing our behavior
  • Punishment should be harsh but not cruel
  • In order to deter, laws should be written in advance with clear penalties
  • mitigating factors are irrelevant
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7
Q

Positivism / Positivist School

A

Reduce factors such as poverty to reduce crime rates

  • Behavior is influenced by factors we can’t control (poverty, etc.)
  • Laws have limited deterrent value for people who have not learned pro-social behavior
  • Harsher laws will have limited impact on crime
  • Crime reduction efforts should focus on eliminating root causes such as poverty
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8
Q

Retribution

A

Lawbreakers should receive punishment proportionate to the crime.

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9
Q

Deterrence

A

The primary goal of the justice system should be to prevent people from committing crime
- Works best when punishment is certain, severe, and quick

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10
Q

Rehabilitation

A

Prisoners can be reformed, which is good for the individual AND society. Flexibility in sentencing is essential.

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11
Q

Incapacitation

A

Some offenders need to be physically removed from society. Furloughs and community supervision are not appropriate.

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12
Q

Crime Control Model

A
  • Most important function of CJ system = repress criminal conduct
  • values efficiency
  • accepts minor procedural errors to protect society and convict the guilty
  • supports aggressive policing
  • emphasizes deterrence and incapacitation
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13
Q

Due Process Model

A
  • More concerned with process of justice
  • protects suspects from overzealous investigators and prosecutors
  • very wary of errors prior to trial
  • stresses the need to protect individual rights even if doing so limits efficiency and allows some guilty people to go free
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14
Q

Unified Crime Reports (UCR)

A

Crimes go undetected, offenses aren’t reported, data can be faked

  • part l offenses = 8 most serious crimes
  • part ll offenses (21 less serious crimes)
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15
Q

National Incident-Based Reporting System (NIBRS)

A

contains more details than UCR

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16
Q

Types of Crime

A

Misdemeanor
< 1 yr.
Felony
1 + yrs.

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17
Q

Constitutional Law

A

Outlines the structure of government and how it will operate
- federal and state

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18
Q

Legislative/Statutory Law

A

made by congress or state/county legislature

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19
Q

Administrative Regulations

A

Set by agencies and have force of law ( building codes)

20
Q

Executive Law

A

Set by President, Governors, and Mayors (state of emergency)

21
Q

Judicial Law

A

Court interpretations known as case law (you have the right to remain silent)
- Establishes precedents courts must follow

22
Q

Substantive Law

A

more substance

- first and second degree murder

23
Q

Common Law

A

based off of what is socially accepted

24
Q

Procedural Law

A

how to follow the law/ how the law should be carried out

25
Q

Actus Reus

A

an act

  • commission (evil thoughts are okay)
  • omission
26
Q

Mens Rea

A

Intent

- may limit responsibility except in cases of strict liability (ex underage sex)

27
Q

ex-post facto

A

Can’t be arrested for breaking laws not yet passed

28
Q

Habeus Corpus

A

allows prisoners to challenge illegal confinement

29
Q

4th Amendment

A

no unreasonable search and seizures without warrant

30
Q

Exclusionary Rule

A

evidence seized without probable cause may not be used in trial

31
Q

Fruit of the Poisonous Tree

A

Evidence gathered with the knowledge gained as a result of an illegal search must also be excluded from trial

32
Q

5th Amendment

A
  • requires indictment by a grand jury for serious offenses
  • suspects cannot be compelled to testify against themselves
  • a person cannot be tried twice for the same offense
33
Q

6th Amendment

A
  • speedy trial
  • public trial
  • impartial jury
  • notification of charges against you
  • confront accusers
  • subpoena defense witnesses
  • right to an attorney
34
Q

8th Amendment

A

Forbids:

  • excessive bail
  • excessive fines
  • cruel and unusual punishment
35
Q

14th Amendment

A

citizenship

- no state “shall deprive any person of life, liberty, and property without due process of law.”

36
Q

Mapp v. Ohio (1961)

A

4th amendment’s prohibition of unreasonable search and seizures and the use of the exclusionary rule apply to the states

37
Q

Robinson v. California (1962)

A

8th amendment’s ban on cruel and unusual punishment applies to the states

38
Q

Gideon v. Wainwright (1964)

A

6th amendment’s guarantee of counsel at trial applies to the states

39
Q

Miranda v. Arizona (1966)

A

no confession is admissible under the 5th amendment’s self-incrimination clause and the 6th amendment’s right to an attorney unless a suspect was made aware of his rights and the suspect the waived them

40
Q

due process model

A

describes the expectation of a just and fair system

- wants to protect the legal rights of individuals accused of violating the law

41
Q

crime control model

A

describes the expectation of an efficient criminal justice system
- wants to control crime

42
Q

Wedding cake model

A 
Layer 1: the celebrated cases 
- cases the media focuses on, not necessarily the worst cases 
Layer 2: The serious felonies 
- murder, rape, etc
Layer 3: The lesser felonies 
- burglary, larceny, etc. 
Layer 4: Misdemeanors 
- traffic violations, minor drug violations, etc
43
Q

Criminal Defenses

A

Not guilty, justified, mistake of fact, duress, entrapment, mental capacity

44
Q

Statute

A

a law enacted by a legislature

45
Q

actus reus

A

the criminal act

46
Q

concurrence

A

the relationship between actus reus and mens rea

47
Q

corpus delicti

A

“the body of crime”

Intro to Criminal Justice (1 decks)

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