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
What state had the first reform movement
Chicago
26
What ages weren't held responsible for their actions?
7-12
27
What county established the first juvenile court system?
Cook County
28
What is a status offense?
A crime only considered a crime because the defendant is not 18
29
What is a waiver in juvenile courts?
When the judge waives a case to adult court
30
What is In Re Gualt?
Guaranteed juveniles many of the same constitutional rights afforded adult criminal offenses
31
What is a bifurcated trial?
Adjudication and Sentencing
32
What was Furman v Georgia
Said the death penalty was cruel and unusual punishment in the case of an accidental burglary death
33
What was Gregg v Georgia
Courts ruled that the death penalty was not cruel and unusual under the 8th and 14th amendment
34
What was McCleskey v Kemp
Black man received dp for armed robbery and murder (racial discrimination)
35
What was Atkins v Virginia
Courts ruled that executing people with disabilities was cruel and unusual punishment
36
What was Roper v Simmons
Courts ruled that executing juveniles was unconstitutional
37
What is NCVS
They collect data on non fatal personal crimes
38
How does NCVS collect data?
Through in person or over the phone interviews
39
What is a weakness of NCVS
They can't reach anyone who doesn't have a phone
40
What is a strength of NCVS
People provide topics related to crimes and victimization
41
What is NIBRS
A data collection of the characteristics of crimes
42
How does NIBRS collect data
They have automated recording systems
43
What is Nibrs strength
Covers a wide variety of crime
44
What is Nibrs weakness
Only part 1 offenses
45
What is racial profiling?
the use of race or ethnicity as grounds for suspecting someone of having committed an offense.
46
What is liberation hypothesis
extra-legal factors affect sentencing outcomes more in regards to less serious offenses compared to more serious ones
47
What is the chivalry hypothesis
women who commit crime are awarded more lenient sentences than males who commit crime
48
What is the evil woman hypothesis
when women commit a crime, they are no longer acting in the stereotypical way of a woman; therefore, punishment should be more severe
49
What factors lead to wrongful convictions
eyewitness and evidence tampering