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
Motives for Arson (6)
1) Vandalism
2) Excitement
3) Profit
4) Extremist
5) Compulsive
6) Crime Concealment
3 Elements of Fire Triangle
1) oxygen
2) fuel
3) heat
1Detonation
2Deflagration (def)
3Blast Pressure Wave
4Epicenter
1) action of causing a bomb/explosive
2) action of heating a substance until it burns away rapidly
3) pressure expanding outward from explosion (think glass that breaks nearby)
4) where explosion originates
V pattern vs Inverted V pattern meanings
V: without accelerant
Inverted V: with accelerant
Narcotics (def/observation)
include drugs used as pain killers for anesthetic purposes (ex. opium)
-analgesia (inability to feel pain)
Stimulants (def)
feeling of increased physical stamina and mental awareness (meth, cocaine, crack)
-paranoia, nervous behavior
Depressants (def)
slow the mind and body function (ex. alcohol, GHB)
-odor (alcohol, GHB), difficulty concentrating
Hallucinogens (def)
given altered sensory state (ex. marijuana, ketamine)
-hallucinations, tremors
Inhalants (def)
produce rush of dizziness, drug of choice for adolescents (ex. gas, spray paint, glue)
-headaches, nausea/vomiting
Controlled Substance Act (1970)
regulated the manufacture/sale of drugs in the US
Schedule I Drugs
- high potential for abuse
- no accepted medical use
(marijuana, heroin, LSD)
Schedule II Drugs
- high potential for abuse
- currently accepted medical treatment (severe restrictions) (cocaine, morphine)
Schedule III Drugs
- less potential for abuse
- use of medical use approved (testosterone)
Clandestine Lab (def/hazards)
(def) lab used for cooking meth 80% of time
-asphyxiation
-explosions
-toxic poisoning through absorption
Smurfing (def)
purchasing drugs in small quantities that do not require tracking
Forcible Rape (def)
(FBI def): knowledge of a female forcibly and against her will
excludes…
-oral/anal intercourse
-forced acts by female perp
Sexual Assault 1st Degree
forced penetration w/ bodily harm, threat, assistance, or impregnation
Sexual Assault 2nd Degree
forced penetration w/ threat of violence
-causing injury or illness
-applies if victim is unconscious
Sexual Assault 3rd Degree
forced penetration
Sexual Assault 4th Degree
improper touching, attempted sexual contact, etc.
Statutory Rape
adult having sex w/ a minor under the age of consent
Stranger Rape
25-35% of rapes fall into this category, uses force
*must know stat
Date Rape (def)
majority reported, offended is casually familiar w/ victim
-80% of time one party is impaired, 50% both impaired
Power Reassurance Rapist
motivated by feelings of inadequacy or low self esteem, takes victim by surprise
Rape Trauma Syndrome (& 3 stages)
prolonged psychologically debilitating reaction to being a victim of rape (similar to PTSD)
1) acute stage, 2) outward adjustment, 3) renormalization stage
Power Assertive Rapist
-desire to dominate women
-gain victims confidence then turn agressive
How many victims to be considered serial rapist?
4 or more on separate occasions
Anger Retaliatory Rapist
-openly hates and despises women, rapes to demean women
Interview (def/goal)
obtain insight/observation from potential witness
Anger Excitement Rapist
-sexual sadist
-desire to cause pain and suffering
Rape Statistics
-94% victims = female
-99% offenders = male
-65% of victims know offender
-11% include weapon
-35% report rate
-most occur less than 1 mile from victims home
Interrogation (def/goal)
determines guilt/innocence of a suspect
Witness types/def (3)
1) friendly: rapport developed, casual convo/open ended
2) neutral: unbiased account of events, most accurate, can turn hostile
3) hostile: often know victim, downplay offense, defensive, close ended questions
examples of factors that affect accuracy of witness observation (list main 2)
1) age
2) gender
-race
-crime type
-weapon involvement
-drug/alcohol abuse
Profiling Offender for Interrogation (4)
1) real need: act alone, first time, spontaneous/opportunistic
2) Lifestyle: methodical/planned, protect/support social status
3) Impulsive: spontaneous/opportunistic, lash out
4) Esteem: psychological to prove own self worth
Detection Method: Kinesics Analysis (def/ex.)
(def) analysis of body movement, used for lie detection (face, gestures, body movement, and voice)
examples:
-less eye contact
-squinting/closing eyes
-rubbing hands together
-ear pulling
-shifting/slumping in seat
-speaking high pitched
False Confessions (3 types)
1) Voluntary: (for) fame, protection of offender, self punishment
2) Coerced-Compliant: confess b/c of perceived/real threats of harm
3) Coerced-Internalized: mental suggestibility/confusion causes them to believe they are guilty
When must miranda warning be given?
before interviewing/interrogating suspects
-exceptions: self incriminating statements given before warning
**Custody + Interrogation = Miranda Rights
Flashbulb Memory
vivid detailed memories of traumatic events
Admission vs Confession (def)
Admission: revealed during interrogation, less clear/detailed than confession but still proving some guilt
Confession: full/clear acceptance of responsibility
Pedophile Typologies (5 w/ def)
1) Inductive: fondeling/touching
2) Fixated: child like behavior
3) Regressed: sexually inadequate as teens
4) Exploitive: trickery/deception, attack/cause injury
5) Agressive: most violent/dangerous, kills to avoid detection
Name 3 major street gangs (think primary colors)
1) Blood (red)
2) Crips (blue)
3) Latin Kings (yellow)
SANE & PERK (def)
SANE: sexual assault nurse examiner
PERK: physical evidence recovery kit
Paraphilia Definitions:
1Fetishism
2Exhibitionism
3Voyeurism
4Sado-moschism
5Partialism
6Frotteurism
7Necrophilia
1) sexual attraction to objects
2) arousal from exposing oneself
3) seeking sexual arousal from watching (unsuspecting) others
4) pleasure from inflicting pain
5) arousal from specific body parts (ex foot fetish)
6) touching unsuspecting person in sexual manner
7) aroused by a corpse
How to recognize gang crimes
-illegal acts directed at other gangs
-crime enhances gangs status/finances
Investigative indicators of gang membership (3)
1) arrested w/ known members
2) physical evidence (photos, texts, etc)
3) appearance (dress, tattoos gang signs)
Exculpatory Evidence
proof of suspects innocence
Case in Chief (def)
main case put out by a party; portion of evidence presented in hope to sway jury to a verdict
Peremptory Challenges (def)
exclusion of potential juror without need for reason
Preliminary Hearing
first opportunity for accused to challenge courts charges
Exculpatory Evidence
evidence that proves accused innocence
