Final Flashcards
Factors to change severity of sentence (4)
1) prior arrests
2) active parole/probation
3) gang membership
4) severity of crime
Process of criminal case (9)
1) case referred to DA
2) case reviewed
3) charges filed
4) pretrial
5) preliminary hearing/arraignment
6) initial appearance/bail
7) motion hearings
8) plea/trial
9) sentencing
Plea of no contest (def)
allows person to maintain innocence while accepting criminal responsibility
Stipulation (def)
an agreement between the defense and prosecution
-may be entered as evidence
Arraignment (def)
first appearance where person is notified of their charges and trial date
Testimony types (3)
1) investigator
2) outside witness
3) first responder
* credibility/reliability must be proven
Police misconduct types(3)
1) procedural: violation of police dept rules/regulations
2) criminal: refers to a violation of state/federal law
3) unconstitutional: violating a citizens civil rights
Police misconduct: common examples (4)
1) excessive use of physical force
2) discriminatory arrest
3) physical or verbal harassment
4) selective enforcement of the law
Grand theft auto (def)
Individuals remove, steal, or drive a vehicle w/out owner permission
-purpose: joyride, short-term or long-term transport
- reasons: profit, insurance fraud, trade
Vehicle break-in method (2/8)
1) door wedging: flat edge tools to assist gaining access
2) code grabbing: obtained by remote keyless entry
Examples of vehicle insurance fraud (2/7)
1) auto arson: intentionally set fire to obtain insurance or hide other crime
2) phantom car scheme: fake title/registration used to secure insurance on a nonexistent vehicle
Larceny Theft (def)
crimes involving taking something of value with the intent to permanently deprive victim of the item
ex. theft of services (cable)
Elements of Larceny-Theft (3)
1) taking: removal of property from its original location
2) intent to permanently deprive
3) have sufficient value
Employee Theft (2/def)
Unauthorized use of company property
1) Embezzlement: use of money/property by employee not authorized
2) Pilfering: mishandling of property
Identity Theft Methods(4)
1) mail theft (change of address)
2) public ID theft (SSN, employee badge, etc)
3) personal ID theft (financial docs, resources)
4) electronic ID theft: hacking computers, phishing)
What is upcoding?
when healthcare providers submit codes to insurance companies for more expensive procedures than actually performed
Credit Card Fraud (types, 2/6)
1) Application Fraud: assuming someones identity through card applications
2) Interception: intercepting a credit card before the owner gets it
Burglary (def/4 conditions)
proven when evidence demonstrates the following elements:
1) breaking
2) entering
3) dwelling of another
4) intent to commit a crime
what percent of burglaries are residential?
70%
-late morning/early afternoon
-no eyewitnesses
Burglar Typologies (5)
1) Professional: make their living w/ this
2) Semiprofessional: making a living but not as skilled
3) Young Amateur: young, associated w/ semiprof.
4) Juvenile Amateur: 16 or younger, commit after school/holidays
5) Addicted Amateur: alcohol/drug dependent, least sophisticated
Fence (def)
someone who sells stolen goods (ex pawn shop)
Definitions
1Robbery
2Burglary
3Larceny
1) crime against person
2) crime against item
3) crime involving taking anything of value to permanently deprive owner
Armed vs Strong Arm Robbery
Armed: robbery committed by use of weapon
Strong Arm: robbery committed by use of threat or physical force
Bank Robbery Methods (5)
1) Note Pass: most common, appears normal passes note to teller
2) Traditional Stickup: confrontation with weapon
3) Morning Glory: hide outside, enter when open
4) Closing Time: suspect tries to be last customer of day
5) Take-Over: most violent, multiple offenders, planned
Weapon Focus
concentration of witness on weapon opposed to anything else
Robbery Stats
-__% committed with weapon use
-2% reported = bank
Straight Approach Robbery
suspect goes directly in demanding money
Arson (def)
Intentionally setting fire for the purpose of destruction
Arson Classifications (4)
1) Incendiary: intentionally set, legally defined
2) Natural: acts of nature (ex. lightning)
3) Accidental: defective appliances, cigarettes, etc.
4) Undetermined: require future investigation to reclassify
Michigan v. Tyler and Michigan v. Clifford
justified crime scene search within reasonable time after extinguishment of fire (met exigent circumstances)
Stages of Fire (3)
1) Incipient: fuel present/preheated by ignition source
2) Smoldering: smoke/gas emitted from fuel
3) Flaming: visible flame erupts from fuel
Investigation of Burn Site (4)
1) Point of Orgin (determine)
2) Overhaul: moving burning articles from original position to prevent reignition
3) Multiple PO (erratic burn)
4) Accelerants: substances used
Indicators of Accelerants (6)
1) inverted V pattern
2) Puddling (darker area where accelerant pooled)
3) Streamers/Trailers (soaked wood, paper, rope)
4) Early smoke = gray
5) Alligatoring of wood
6) Melted Metals
Pugilist Posture
indicator victim was burned alive
