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Criminal Justice > Final Exam > Flashcards

Final Exam Flashcards

1
Q

What are the main objectives of criminal law v. civil law?

A

Criminal law is to protect the gov’t from crimes committed by people, civil law is to protect relations between individuals

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2
Q

What is mens rea?

A

The mental element “intent” (criminal state of mind)

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3
Q

What is actus reus?

A

The physical element “evil or forbidden act”

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4
Q

What is Corpus Delicit?

A

“Body of the crime”

1) Mens rea
2) Actus Reus
3) And a causal relationship between the “intent” and the “physical act or element”

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5
Q

What is a strict liability crime?

A

Illegal act whose elements do not contain the need for intent, or mens rea; usually, an act that endangers the public welfare, such as illegal dumping of toxic wastes.

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6
Q

What is Irresistible Impulse test?

A

Mental disease makes it impossible to control personal conduct in addition, people may be able to distinguish between right or wrong but unable to exercise self-control because of a mental condition. (Oldest test)

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7
Q

What is Mc’Naughten rule (insanity test)?

A

Person is basically insane if he/she is unable to distinguish between “right or wrong” as a result of some mental disability

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8
Q

What is the substantial capacity test?

A

(CT uses) Insanity should be defined as a lack of substantial capacity to control one’s behavior. Substantial capacity is defined as “the mental capacity needed to understand the wrongfulness of [an] act”

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9
Q

What is the appreciation test?

A

The appreciation test checks the validity of a defense of insanity by requiring proof by clear and convincing evidence of the fact that at the time of a crime, a defendant suffered from a severe mental disease or defect preventing him/her from appreciating the wrongfulness of the conduct. (Federal gov’t uses)

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10
Q

What was Carrol v. U.S.?

A

Cited distinctions between searching a car, person, a home. The warrant less search of a car does not violate the Constitution.

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11
Q

What was Chimmel v. Cali?

A

Scope of warrant less search, arms reach theory created

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12
Q

What was Weeks v. U.S. about?

A

Police went into weeks home after he was arrested for using the mail to transport lottery tickets. The warrantless seizure of documents from a private home violated the 4th Amendment. Introduced the exclusionary rule which was applied federally in this case.

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13
Q

What was Escobedo v. Illinois about?

A

During several hours of interrogation, police denied defendants request to see attorney. USSC held that criminal suspects have a right to counsel during interrogations under the 6th Amendment

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14
Q

What was Mapp v. Ohio?

A

Exclusionary or suppression rule applied to states. She was convicted of possession of obscene materials

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15
Q

What is the exclusionary rule?

A

Any evidence obtained illegally (physical, documentary, or testimonial) can not be used in court

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16
Q

What individual controls charging a suspect?

A

The prosecutor

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17
Q

What are the following amendments 4,5,6,8,14?

A

4th- unreasonable search and seizure
5th- self-incrimination, double jeopardy
6th- right to counsel, speedy + public trial
8th- no excessive bail, or cruel or unusual punishment
14th- equal protection, privileges + immunities, due process

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18
Q

Why is the Warren court important?

A

It was a liberal court and it decided several many important cases that covered civil rights and criminal procedure

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19
Q

What is hearsay?

A

Testimony that is not firsthand but instead told by a second party

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20
Q

The right to a jury trial is found in what amendment?

A

6th Amendment

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21
Q

A unanimous verdict must be reached for what type of case?

A

Criminal case

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22
Q

Who prepares the UCR (Uniform Crime Report)?

A

The FBI

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23
Q

What is a criminal complaint and who files it?

A

A criminal complaint must state the facts that constitute the offense and must be supported by Probable Cause. The prosecutor files it.

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24
Q

What is nolle prosequi?

A

Case against the defendant is being dropped which is told by prosecutor to judge

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25
Q

What are non-index crimes?

A

All other crimes except traffic violations (drugs, prostitution)

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26
Q

What is the purpose of plea bargaining?

A

Plea bargains are an agreement in a criminal case between the prosecutor and the defendant that usually involves the defendant pleading guilty in order to receive a lesser offense or sentence.

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27
Q

Who conducts the presentence investigation (PSI)?

A

Probation officer

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28
Q

felony v. misdemeanor

A

(48-72 hours detained to see a judge) serious crimes, a year or more sentence in prison

(allowed to leave) less serious crimes, a year or less punishment

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29
Q

What is the consensus view?

A

Crimes or acts that are outlawed because they conflict w/the rules of the majority + are harmful to society

“malum in se” evil in itself

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30
Q

What is the conflict view of crime?

A

Criminal law is shaped by the class struggle btwn rich + poor. The CJS is an instrument of social economic repression

31
Q

The risk of becoming a victim is a function of what?

A

Personal characteristic, lifestyle, age and it increases by being in a public place at night

32
Q

What is the overall arrest ratio for males v. females?

A

3 to 1- overall
4 to 1- violent crimes
8 to 1- murder

33
Q

What is an indictment? What is a presentment?

A

An indictment is a formal notice of charges to defendant produced by the grand jury.

A presentment is a formal presentation of information to a court, especially by a sworn jury regarding an offense or other matter.

34
Q

According to NCVS, where is the most likely site for violent crimes to occur?

A
  • large urban areas
  • public, open area such as street, park, or field
  • public school
  • evening (6 pm-6am)
35
Q

What are the 8 Part I index crimes?

A

1) Murder or nonegligent manslaughter
2) Forcible rape
3) Robbery
4) Aggravated assault
5) Burglary
6) Larceny/ Theft
7) Motor vehicle theft
8) Arson

*1-4 are “violent crimes”, 5-8 are “property crimes”

36
Q

Mala in se

A

“Evil in itself” Acts that society considers inherently evil, such as murder and rape

37
Q

Mala prohibitum

A

It’s against the law because it is a law

38
Q

Own recognizance (o.r.)

A

When a criminal suspect is arrested, booked and granted o.r. release, no bail money needs to be paid to the court, and no bond is posted.

39
Q

Bail and what is the purpose of it?

A

It is a money bond levied to ensure the return of a criminal defendant for trial, allowing the defendant to remain in the community prior to trial. If you can’t afford bail you stay in a county jail.

40
Q

Plea bargaining

A

After an arraignment, or even before, the defense and prosecution will discuss a possible guilty plea in exchange for the prosecution’s reducing or dropping some of the charges or agreeing to a request for a more lenient sentence.

41
Q

Common law

A

Early English law developed by judges that incorporated Anglo-saxton tribal customs, feudal rules + practices and every day rules of behavior from local villages

42
Q

Statutory law

A

Common law is modified to statutory law by each state. @ 10th Amend- states rights: The right to regulate “Health, Education, + Welfare of each state citizen”

43
Q

Stare decisis

A

Precedent in the law allows stability + predictability regarding social control. “To stand by decided cases”

44
Q

Tort

A

A personal injury or wrong for which an action for damages may be brought.

45
Q

Gideon v. Wainwright

A

USSC finally guaranteed the right to counsel to all state felony defendants by incorporating the 6th Amndmt into 14th Amdnmt

46
Q

Illinois v. Gates

A

The court found no constitutional violation and argued that the lower court misapplied the test for probable cause (Aguilar-Spinelli) Totality-of-circumstances approach in which the informants “veracity” and “basis of knowledge” are important however those issues are intertwined and should not be rigidly applied

47
Q

Miranda v. Arizona

A

USSC held that prosecutors could not use statements stemming from custodial interrogation of defendants unless they demonstrated the use of procedural safeguards “effective to secure the privilege against self-incrimination”

48
Q

Argesinger v. Hamlin

A

Expanded the Gideon case by applying it to misdemeanors. Created the “loss of liberty” rule

49
Q

Duncan v. Louisiana

A

A significant USSC decision which incorporated the 6th Amendment right to a jury trial and applied it to the states.

50
Q

Stack v. Boyle

A

USSC case involving the arrest of members of the Communist Party who were charged with conspiring to violate the Smith Act. The case regards the 8th Amend. issue of excessive bail

51
Q

U.S. v. Salerno

A

Determined that the Bail Reform Act of 1984, which permitted the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially dangerous to other people in the community.

52
Q

Schall v. Martin

A

USSC held that N.Y.’s Family Court Act that authorized pretrial detention of accused juvenile delinquents if it was found that there was a “serious risk” that the juvenile may commit a subsequent crime did not violate the Due Process clause

53
Q

Coy v. Iowa

A

USSC held that the 6th Amend. explicitly states that the accused has the right “to be confronted w/the witnesses against him.” The Court maintained this “confrontation is essential to fairness”

54
Q

Lewis v. U.S.

A

USSC held that no jury trial right exists where a defendant is prosecuted for multiple petty offenses. 6th Amend. right to jury trial does not extend to petty offenses

55
Q

Doggett v. U.S.

A

USSC extended 6th Amend. speedy trial protection to a defendant unaware of his indictment

56
Q

General v. Limited Jurisdiction

A

State or federal courts that have jurisdiction over felony offenses and more serious civil cases (cases involving more than a dollar amount set by the legislature)

Courts that have jurisdiction over misdemeanors and conduct preliminary investigations of felony charges.

57
Q

What is the Trial Court for the “Federal System”? How many are there?

A

U.S. District Court, 94 independent courts in operation

58
Q

What is the role of the appellate court?

A

A court that reconsiders a case that has already been tried in order to determine whether the measures used complied w/accepted rules of crim pro and were in accordance w/constitutional doctrines

59
Q

What is the role of the “Trial Court?”

A

They have jurisdiction over cases involving violations of federal laws, including civil rights abuses, interstate transportation of stolen vehicles, and kidnappings.

60
Q

What is the legal basis for the creation of the federal court system?

A

Contained in Article 3, Section 1, of the U.S. Constitution, which provides that “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may time to time ordain and establish”

61
Q

What is a writ of Certiorari?

A

An order of a superior court requesting that the record of an inferior court (or administrative body) be brought forward for review or inspection.

62
Q

What was the Missouri Plan?

A

A way of picking judges through nonpartisan elections as a way to ensure that judges adhere to high standards of judicial performance.

63
Q

What is a writ of Habeas Corpus?

A

A judicial order requesting that a person who detains another person produce the body of the prisoner and give reasons for his or her capture and detention. It is a legal device used to request that a judicial body review the reasons for a person’s confinement and the conditions of confinement.

64
Q

Who nominates the Attorney General?

A

The President of the U.S.

65
Q

Grand Jury v. Preliminary Hearing

A

**Both ensure that the prosecutor is not abusing the power to charge persons w/crimes

Grand jury- composed of laypersons, w/out accused being present, indictment if the accused is charged and must stand trial

Preliminary- Both prosecution and defense may present their cases to a judge. If accused is charged, prosecutor issues an information (similar to indictment)

66
Q

What is a prosecutor’s Bill of Information?

A

It is similar to an indictment, formal notice of charges on defendant

67
Q

What is meant by “Nolo Contendere”?

A

A legal term for “I do not wish to contend” or a plea of no contest

68
Q

What is a voir dire?

A

Used to determine if any juror is biased and/or cannot deal with the issues fairly. They must tell the truth

Challenge for cause- Request that juror be moved because they are bias or have prior knowledge of case, or for other reasons in which the individual’s inability to render fair and impartial judgment

Preremptory challenge- dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons

69
Q

What is venire?

A

The “jury pool” is first selected from among the community using a reasonably random method.

70
Q

What happens at arraignment?

A

After an indictment or information is filed following a GJ or PH, an arraignment takes place before the court that will try the case. The judge informs the defendant of charges (who must clearly understand them) and appoints counsel if one has not been retained. If pleads not guilty, trial is set. Pleads guilty or no contest, a date for sentencing is arranged. Judge either sets bail or releases defendant.

71
Q

What is the minimum and maximum number of jurors allowed for a noncapital case?

A

6 and 12

72
Q

What does “Pro Se” mean?

A

A party to a lawsuit who represents himself “for himself”

73
Q

The right to a speedy trial is found in what amendment?

A

The 6th

74
Q

The process to determine the appropriateness of a juror is called what?

A

Voir Dire

Criminal Justice (2 decks)

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