MidTerm Flashcards
Consensus Model
People agree on what is right and wrong
Conflict model
People have different views of right and wrong
Crime control Model
Punishing criminals and protecting the public
Due Process Model
Protecting the accused and making sure they have thier rights
Measure Crime With
UCR, NIBRS, Victim Surveys, Self Report Surveys
Sources of American Law
Constitutional law, statutory law, administrative law, case law
Purpose of criminal law
Legal function and social function
Social function
Teaching and expressing public morality
Felony
One year or longer in prison serious crime
Misdemeanors
Less than one year in jail any crime not a felony
Gross misdemeanors and petty misdemeanors
Fewer than 30 days in jail
Criminal act
Actus reus
mental state
Mens rea
First degree
Premeditates and deliberate
Second degree
No premeditation
Voluntary Manslaughter
Intent to kill but malice is lacking fight with a friend ends with them dead
Involuntary Manslaughter
Carless acts but not intent to kill
Excuse defenses
Infancy, insanity, intoxication, mistake
Justification Defense
Duress, justifiable use of force(self defense), necessity, entrapment
Insanity Tests
M’ Naughten Rule, ALI/MPC, Irresistible Impulse Test
Resposibiiites of the police
Prevent crimes, provide serves, preserve the peace, enforce laws