Midterms Flashcards
Crime
Violation of the criminal laws of a state, the federal government, local jurisdiction, no legally acceptable justification or excuse.
Individual Rights
Rights guaranteed to members of American society by the U.S constitution .
Consensus model
Together harmoniously to achieve the society product we call justice.
Conflict Model
Components function primary to serve their own interests .
Criminal Justice
Strictest scene, the criminal , the law of criminal procedure, array of procedures and activities having to do with the enforcement of this body of law.
Individual Rights Advocates
One who seeks to protect personal freedom within the process of criminal justice .
Public Order Advocates
Under certain circumstances involving a criminal threat to to public safety, the interest of society should take precedence over individual rights
Criminal Justice System
Operating and administrative or technical support agencies that perform criminal justice function
Due Process
A right guaranteed by the fifth, sixth, and fourteenth amendment. Legal proceeding according to the rules and forms established to protect individual rights.
Arraignment
First appearance, listens to the information against him as its read, and are asked to enter a plea
Booking
Pictures, fingerprints, personal information, details of the charges, and records are made.
Preliminary Hearing
Wheatear a crime is committed. Wheatear the crime occurred within the territorial jurisdiction of the court. Wheatear there are reasonable grounds to believe that the defendant committed a crime
Indictment
A written accusation submitted by a grand jury, alleging that a specified person has committed a specific offense.
What starts the criminal justice process?
Arraignment
Miranda Rights and where it came from?
The police advise a person of his or her rights prior to questioning. Miranda V. Arizona
Standing Mute
Judge enters a pleas of not guilty on their behalf
Fourth Amendment
Declares that people must be safe on their homes and in their persons against unreasonable searches and seizures
Fifth Amendment
Enables due process
Sixth Amendmant
Every defendant has the right to trial by jury.
Fourteenth Amendment
Equal protection of the laws.
Criminology
Study of the causes and prevention of crime and the rehabilitation and punishment of offenders
What is the UCR?
Uniform Crime Reporting Program
NCVS
National Crime Victimization Survey- An annual survey of selected American households conducted by the Bureau of justice statistics to determine extent of criminal victim
NIBRS
An incident based reporting system that collects data on every single crime occurrence. National Incident Based Reporting System
Murder
The unlawful killing of a human being
How common is murder?
16,272
What weapon is used most often?
Firearms
Spree Killing
Likings at two or more locations with almost no time break between murders
Mass Murderers
Killing of four or more victims at one place
Serial Killers
Killing of victims in three or more seperate events
Clarence Rate Murder
A little over 60%
Most reported crime
Larceny- Theft
Least reported crime
Murder
Motivation of Hate Crimes
Race
Who produces UCR/NIBRS
Summary based
Who produces NCVS
Victim self reports
White collar crime
Committed by a person of respectability and high social status during their occupation . “Crime in the suites”
UCR/NIBRS
Murder, rape, robbery, aggravated assault, burglary, larceny theft, motor vehicle theft, and arson
When did the UCR and NCVS start.
1930
Sarbates-Oxley Act
To deter and punish corporate and accounting fraud and corruption and protect the interests of workers and shareholders
Act national background check for buying firearms.
Brady Handgun Violence Prevention Act
Crime Typology
A classification of crimes along a Particular dimension,
Organized Crime
The unlawful activities of the members of a highly organized disciplined asidicayion an gaged in supplying illegal goods or services
Radical Criminology
The h equal distribution of wealth power or other resources which adherents
Conformists
Accepts goals and means
Innovators
Accepts goals, and rejects means
Ritualistic
Reject success goals but perform daily task
Retreatists
Reject means and goals and drop out if society.
Rebels
To replace existing system of socially approved goals and means with some other system more to their liking
Essay on Crimes and punishment
Cesare Beccaria
Interdisciplinary theory
Theoretical viewpoints in an attempt to explain something such as crime
Criminal behavior
CLasical, biological, psychobiological, psychological, sociological, social process, conflict, emergent
Psychological Profiling
Categorize, understand, and predict the behavior of certain types of offenders based on behavioral clues they prove
Classical school
18th century Approach to crime causation and criminal responsibility that grew out of the enlightenment and that emphasized the role of free will and a reasonable punishment
Life course theory
Criminal behavior tends to follow an identifiable patterns throughout a persons life cycle
Jurisprudence
Philosophy of law, the science Nd study of the law
Statutory law
Written law, law on the books
Criminal law
Rule and regulations that defines and specify the nature of and punishments
Rule of law
The maxim
Common law
Law originating from usage and customs
Substantive criminal law
Describes what constitutes particular crimes
Tort
A wrongful act not involving a breach of contract
Administrative law
Body of regulation that control the activities of industry business individuals
Precedent
A legal principle
Categories of crimes
Felonies, misdemeanors, offenses, treason and espionage, and inchoate offenses
Attendant circumstances
Facts surrounding and event
Four types of Defense
Alibi, justification,excuses, and procedural.
Justification
Self defense, defense of others, home, necessity, consent, resisting unlawful arrest
Excuse Defense
Durees, age, mistake, involuntary intoxication, unconsciousness, provocation, insanity,diminished capcity, mental
Procedural defenses
Entrapment, double jeopardy, collateral, selective prosecution, denial of speedy trail, persecutional misconduct, police fraud
Three elements of crimes
Actus Reus, men’s rea, a concurrence of the two
