MID-TERM Flashcards

definitions

1
Q

Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.

A

Crime

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2
Q

The process by which procedures that feel fair to those involved are made.

A

Procedural fairness

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3
Q

The rights guaranteed to all members of American society by the U.S. Constitution (especially those rights found in the first ten amendments to the Constitution, known as the Bill of Rights). These rights are particularly important to criminal defendants facing formal processing by the criminal justice system.

A

Individual rights

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4
Q

One who seeks to protect personal freedoms within the process of criminal justice.

A

Individual rights advocate

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5
Q

The condition of a society characterized by social integration, consensus, smooth functioning, and lack of interpersonal and institutional conflict. Also, a lack of social disorganization.

A

Social order

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6
Q

One who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.

A

Public order advocate

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7
Q

The principle of fairness; the ideal of moral equity.

A

Justice

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8
Q

An ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong.

A

Social justice

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9
Q

The civil law, the law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action. This cannot be separated from social justice because it reflects basic American understandings of right and wrong.

A

Civil justice

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10
Q

In the strictest sense, the criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law. This cannot be separated from social justice because it reflects basic American understandings of right and wrong.

A

Criminal justice

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11
Q

The aggregate of all operating and administrative or technical support agencies that perform criminal justice functions. The basic divisions of the operational aspects of criminal justice are law enforcement, courts, and corrections.

A

Criminal justice system

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12
Q

A criminal justice perspective that assumes that the system’s components work together harmoniously to achieve the social product we call justice.

A

Consensus model

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13
Q

American criminal justice process.

A

investigation -> arrest warrant -> arrest -> booking -> first appearance -> preliminary hearing -> information/indictment -> arraignment -> adjudication -> sentencing -> corrections -> reentry (probation or parole)

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14
Q

A criminal justice perspective that assumes that the system’s components function primarily to serve their own interests. According to this theoretical framework, justice is more a product of conflicts among agencies within the system than it is the result of cooperation among component agencies.

A

Conflict model

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15
Q

A right guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights. In criminal proceedings, this is generally understood to include the following basic elements: a law creating and defining the offense, an impartial tribunal having jurisdictional authority over the case, accusation in proper form, notice and opportunity to defend, trial according to established procedure, and discharge from all restraints or obligations unless convicted.
- simple def.: procedural fairness

A

Due process

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16
Q

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.

A

Crime-control model

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17
Q

The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group. Involves primary concern of social groups and communities, and it is their interest in the exercise of social control that leads to the creation of both criminal and civil statutes.

A

Social control

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18
Q

Crime-fighting strategies that have been scientifically tested and are based on social science research.

A

Evidence-based practice

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19
Q

The existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society’s legal and political systems.
- often used in conjunction with the term diversity to identify many distinctions of social significance

A

Multiculturalism

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20
Q

A statistical reporting program run by the FBI’s Criminal Justice Information Services (CJIS) division. It publishes Crime in the United States, which provides an annual summation of the incidence and rate of reported crimes throughout the US.

A

Uniform crime reporting (UCR/NIBRS) program
- NIBRS NIBRS data are replacing data summary traditionally provided by the UCR

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21
Q

An annual survey of selected American
households conducted by the Bureau of Justice Statistics to determine the extent of criminal victimization—especially unreported victimization—in the US.

A

National crime victimization survey (NCVS)

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22
Q

A UCR/NIBRS summary offense category that includes murder, rape, robbery, and aggravated assault.

A

Violent crime, aka personal crime

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23
Q

A UCR/NIBRS summary offense category that includes burglary, larceny-theft, motor vehicle theft, and arson.

A

Property crime

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24
Q

A measure of investigative effectiveness that compares the number of crimes reported or discovered to the number of crimes solved through arrest or other means (such as the death of the suspect).

A

Clearance rate

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25
Q

Part I offenses. (also 7 major offenses that summed up the crime index)
study slides

A
  1. Murder- unlawful killing of a human being (includes first- and second- degree murder, manslaughter, involuntary manslaughter, and other similar offenses)
  2. Forcible rape
  3. Robbery- unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence and/or by putting the victim in fear
  4. Assault- simple/battery (pushing/shoving; misdemeanor) and aggravated (use of weapon or victim requires medical assistance)
  5. Burglary- unlawful entry of a structure to
    commit a felony or a theft
  6. Larceny theft (included identity theft)
  7. Motor-vehicle theft
  8. Arson
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26
Q

The act, which passed the Senate by only one vote, made it a separate federal crime to “kill or attempt to kill” a fetus “at any stage of development” during an assault on a pregnant woman.

A

Unborn victims of violence act

27
Q

Crime that is not reported to the police and remains unknown to officials.

A

Dark crime

28
Q

A classification of crimes along a particular dimension, such as legal category, offender motivation, victim behavior, or characteristics of individual offenders.

A

Crime typology

29
Q

A rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior

A

Law

30
Q

The written, organized, and compiled
form of the criminal laws of a jurisdiction

A

Penal code

31
Q

The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts

A

Case law

32
Q

The body of law originating from usage
and custom rather than from written
statutes

A

Common law

33
Q

The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its
members

A

Rule of law
other names:
-supremacy of law
- greatest political achievement of our culture
- the foundation of liberties in the Western world

34
Q

Three elements of the rule of law.

A
  1. Freedom from private lawlessness
  2. A relatively high degree of objectivity in the formulation of legal norms
  3. Substantive and procedural limitations on governmental power
35
Q

The part of the law that defines crimes
and specifies punishments

A

Substantive law

36
Q

The body of rules and regulations that define and specify the nature of and
punishments for offenses of a public nature or for wrongs committed against the state or society

A

Criminal law (penal law)

37
Q

A wrongful act, damage, or injury not
involving a breach of contract

A

Tort (not a crime)
- private or civil wrong or injury

38
Q

A legal principle that ensures that
previous judicial decisions are
authoritatively considered and
incorporated into future cases

A

Precedent

39
Q

A criminal offense punishable by death
or by incarceration in a prison facility for at least one year

A

Felony

40
Q

An offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less

A

Misdemeanor

41
Q

Refers to minor violations of the law
that are less serious than misdemeanors

A

Offenses (infraction)

42
Q

A US citizen’s actions to help a foreign
government overthrow, make war against, or seriously injure the US

A

Treason

43
Q

Levels of Mens Rea.

A
  1. Purposeful
  2. Knowingly
  3. Reckless
  4. Negligent
    * motive is a person’s reason for committing a crime, not an essential feature of crime (not Mens Rea)*
44
Q

A behavior in which a person fails to
reasonably perceive substantial and
unjustifiable risks of dangerous
consequences

A

Criminal negligence

45
Q

Highlights the fact that a behavior
cannot be criminal if no law exists that
defines it as such

A

Leaglity

46
Q

Ex Post Facto Laws

A

Laws are binding only from the date of
their creation

47
Q

Corpus delicti

A

“body of the crime”
- certain result was produced
- person is criminally responsible for production

48
Q

Duress (sometimes also called
coercion), Age, Mistake, Involuntary
intoxication, Unconsciousness, Provocation, Insanity

A

Excuses

49
Q

Admits to committing the act but claims that it was necessary to avoid some greater evil

A

Justification

50
Q

A rule for determining insanity that asks whether the defendant knew what he or she was doing, and whether the defendant knew that what he or she was doing was wrong

A

M’Naghten Rule

51
Q

Claim that the defendant was in some manner discriminated against in the justice process

A

Procedural defense

52
Q

An improper or illegal inducement to
crime by agents of law enforcement

A

Entrapment

53
Q

A common law and constitutional
prohibition against a second trial for the same offense

A

Double jeopardy

54
Q

Police mission.

A

enforcing the law, apprehend offenders, preventing crime, predicting crime (CompStat), preserve peace

55
Q

Law enforcement officers authorized to:
* Conduct criminal investigations
* Execute search warrants
* Make arrests

A

Federal agencies

56
Q

The unbroken line of authority that
extends through all levels of an
organization, from the highest to the
lowest

A

chain of command

57
Q

Every individual officer has only one
supervisor

A

unity of command

58
Q

The number of police personnel or the
number of units supervised by a
particular officer

A

span of control

59
Q

Designed to protect citizens against
abuses of police power

A

Constitution

60
Q

Due process requirements.

A
  • evidence and investigation (search and seizure)
  • arrest
  • interrogation
61
Q

The exercise of choice by law enforcement officers in the decision to investigate or apprehend, the disposition of suspects, the carrying out of official duties, and the application of sanctions.

A

Police discretion

62
Q

Different levels of police.

A

Local, county, state, and federal

63
Q

Police can temporarily stop you to
either confirm or dispel their suspicion that a crime is about to happen, is happening or just happened. The police only need reasonable suspicion to stop the person.

A

Terry Stop
- based on Terry v. Ohio