Midterm Exam Flashcards

1
Q

What is a felony?

A

Crime where jail exceeds over a year

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2
Q

What is a misdemeanor?

A

Crime where jail does not more than a year

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3
Q

What is actus rea?

A

The act of committing the crime

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4
Q

What is mens rea?

A

The intent to commit a crime

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5
Q

What is Mala Prohibita?

A

Crimes that are illegal because the criminal statute made it illegal

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6
Q

What is Mala in se?

A

Crimes that are considered to violate morality 9 (Evil)

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7
Q

What is wantonness?

A

Lacking of restraint or control

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8
Q

What is Negligence?

A

Failure to behave in the regular care of a reasonable person

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9
Q

What is an Insanity Defense

A

Someone using mental illness to get out of criminal consequences

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10
Q

What is Self Defense

A

Someone using the act of protection as a reason they committed a crime

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11
Q

What is Duress

A

Act of committing a crime due to threats from another person

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12
Q

What is a mistake

A

When someone is committing a crime they didn’t know they were committing

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13
Q

What is infancy?

A

The defendant did not have the mental capacity to be held legally responsible for their actions because of age

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14
Q

What is entrapment?

A

When an individual commits a crime because of harassment from the police

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15
Q

What are the steps of the criminal justice process?

A

(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.

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16
Q

What are the steps of court?

A

Arrest
Initial Appearance
Preliminary Hearing
Arraignment
Trial

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17
Q

What is the correctional process?

A

that process within the criminal justice system that punishes, treats, and/or rehabilitates offenders for their crimes.

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18
Q

What is the parole process?

A

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.

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19
Q

What is the 3 Strikes Law?

A

A defendant with two or more “strike” priors (a third striker) faces a minimum of 25-years-to-life in prison

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20
Q

What is the difference between state and federal prison?

A

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

21
Q

What are the levels of law enforcement?

A

federal, state, county, municipal

22
Q

What is the difference in probation and parole?

A

Probation allows the offender to stay in society and parole allows a person to reenter society before the end of their sentence

23
Q

What is discretionary parole release?

A

When an offender is released before the end of their sentence

24
Q

What is post release parole?

A

A period of release with supervision, while carrying out a prison sentence

25
Q

What state had the first reform movement

A

Chicago

26
Q

What ages weren’t held responsible for their actions?

A

7-12

27
Q

What county established the first juvenile court system?

A

Cook County

28
Q

What is a status offense?

A

A crime only considered a crime because the defendant is not 18

29
Q

What is a waiver in juvenile courts?

A

When the judge waives a case to adult court

30
Q

What is In Re Gualt?

A

Guaranteed juveniles many of the same constitutional rights afforded adult criminal offenses

31
Q

What is a bifurcated trial?

A

Adjudication and Sentencing

32
Q

What was Furman v Georgia

A

Said the death penalty was cruel and unusual punishment in the case of an accidental burglary death

33
Q

What was Gregg v Georgia

A

Courts ruled that the death penalty was not cruel and unusual under the 8th and 14th amendment

34
Q

What was McCleskey v Kemp

A

Black man received dp for armed robbery and murder (racial discrimination)

35
Q

What was Atkins v Virginia

A

Courts ruled that executing people with disabilities was cruel and unusual punishment

36
Q

What was Roper v Simmons

A

Courts ruled that executing juveniles was unconstitutional

37
Q

What is NCVS

A

They collect data on non fatal personal crimes

38
Q

How does NCVS collect data?

A

Through in person or over the phone interviews

39
Q

What is a weakness of NCVS

A

They can’t reach anyone who doesn’t have a phone

40
Q

What is a strength of NCVS

A

People provide topics related to crimes and victimization

41
Q

What is NIBRS

A

A data collection of the characteristics of crimes

42
Q

How does NIBRS collect data

A

They have automated recording systems

43
Q

What is Nibrs strength

A

Covers a wide variety of crime

44
Q

What is Nibrs weakness

A

Only part 1 offenses

45
Q

What is racial profiling?

A

the use of race or ethnicity as grounds for suspecting someone of having committed an offense.

46
Q

What is liberation hypothesis

A

extra-legal factors affect sentencing outcomes more in regards to less serious offenses compared to more serious ones

47
Q

What is the chivalry hypothesis

A

women who commit crime are awarded more lenient sentences than males who commit crime

48
Q

What is the evil woman hypothesis

A

when women commit a crime, they are no longer acting in the stereotypical way of a woman; therefore, punishment should be more severe

49
Q

What factors lead to wrongful convictions

A

eyewitness and evidence tampering