Midterm Exam Flashcards
What is a felony?
Crime where jail exceeds over a year
What is a misdemeanor?
Crime where jail does not more than a year
What is actus rea?
The act of committing the crime
What is mens rea?
The intent to commit a crime
What is Mala Prohibita?
Crimes that are illegal because the criminal statute made it illegal
What is Mala in se?
Crimes that are considered to violate morality 9 (Evil)
What is wantonness?
Lacking of restraint or control
What is Negligence?
Failure to behave in the regular care of a reasonable person
What is an Insanity Defense
Someone using mental illness to get out of criminal consequences
What is Self Defense
Someone using the act of protection as a reason they committed a crime
What is Duress
Act of committing a crime due to threats from another person
What is a mistake
When someone is committing a crime they didn’t know they were committing
What is infancy?
The defendant did not have the mental capacity to be held legally responsible for their actions because of age
What is entrapment?
When an individual commits a crime because of harassment from the police
What are the steps of the criminal justice process?
(1) the commission of the crime, (2) arrest by law enforcement, (3) prosecution of a case in the trial courts, and (4) detention and supervision by corrections agencies.
What are the steps of court?
Arrest
Initial Appearance
Preliminary Hearing
Arraignment
Trial
What is the correctional process?
that process within the criminal justice system that punishes, treats, and/or rehabilitates offenders for their crimes.
What is the parole process?
At the hearing, the panel considers all relevant and reliable information in the individual case in order to determine whether the inmate is suitable for release.
What is the 3 Strikes Law?
A defendant with two or more “strike” priors (a third striker) faces a minimum of 25-years-to-life in prison
What is the difference between state and federal prison?
Federal prison is operated by the federal government and houses inmates convicted of breaking federal laws. In contrast, state prisons are operated by state governments and house people convicted of breaking state laws
What are the levels of law enforcement?
federal, state, county, municipal
What is the difference in probation and parole?
Probation allows the offender to stay in society and parole allows a person to reenter society before the end of their sentence
What is discretionary parole release?
When an offender is released before the end of their sentence
What is post release parole?
A period of release with supervision, while carrying out a prison sentence