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CRJ 104 > Module 1 > Flashcards

Module 1 Flashcards

1
Q

Who v. Whom?

A

Criminal = the government v. defendant
~(State of Nevada v. Everett, USA v. Everett
-Civil = individual v. individual/entity
~Everett v. General motors

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2
Q

Punishment

A

Criminal = Jail/Prision
Civil = Money damages

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3
Q

Burden of Proof

A

-Criminal case = beyond a reasonable doubt
-Civil case = Preponderance of the evidence (more likely than not 50% + a feather)

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4
Q

Why is the Burden of Proof on the State/Prosecutor?

A

Innocent until proven guilty

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5
Q

Natural Laws

A

-Felonies

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6
Q

Social Laws

A

-

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7
Q

Criminal Law Sources

A

-Common law
~Judge-made law
*Precedents
-Written law
~State and US Constitutions
~Statutes/Codes
*Enacted by States Legislatures (Statutes) and US Congress (Codes)
-NRS (Nevada Revised Statutes)
~Titles and Chapters
-Federal Criminal Law
~Statutes enacted by Congress

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8
Q

Three strike law

A

-A crime control strategy whereby an offender who commits three or more violent offenses will be sentenced to a lengthy term in prison, usually 25 years to life

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9
Q

The consensus theory of Justice

A

-Explains how society creates laws as a result of common interests and values, which develop largely because people experience similar socialization

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10
Q

Conflict Theory of Justice

A

-Explains hoe powerful groups create laws to protect their values and interested in diverse societies

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11
Q

Crime control Model

A

-A model by Packer that emphasizes law and order and argues that every effort must be made to suppress crime and to try, convent, and incarcerate offenders

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12
Q

Due Process Model

A

-A model by Packer that advocates the defendant’s presumption of innocence, protection of the suspect’s rights, and limitations placed on police powers to avoid connecting innocent persons

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13
Q

Discretion

A

-Authority to make decisions in enforcing the law based on one’s observations and judgement (“spirit of the law”) rather than the letter of the law

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14
Q

Criminal Justice Flow and Process

A

-The movement of defendants and cases through the criminal justice process, beginning with the commission of a crime and including stages that involve actions of criminal justice actors working within police, courts, and correctional agencies.

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15
Q

Arrest

A

-The taking into custody or detaining of one who is suspected of committing a crime

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16
Q

Prosecution

A

-The bringing of charges against an individual, based on probable cause, so as to bring the matter before a court

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17
Q

Adjunction

A

-The legal resolution of a dispute by a judge of jury
~Ex:
*When one is declared guilty to not guilty

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18
Q

Acquittal

A

-A court of jury’s judgment or verdict of not guilty of the offences

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19
Q

Conviction

A

-The legal findings, by a jury or judge or through a guilty plea, that a criminal defendant is guilty

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20
Q

Aggravation Circumstance

A

-Elements of a crime that enhance its seriousness, such as the infliction of torture, killing of a police of corrections officer, and so on

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21
Q

Mitigating circumstances

A

-Circumstances that would tend to lessen the severity of the sentence, such as one’s youthfulness, mental instability, not having a prior criminal record, and so on

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22
Q

Indeterminate sentence

A

-A scheme whereby one is sentenced for a flexible time (5-10 years) to be released when rehabilitated or when the opportunity for rehabilitation is presented

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23
Q

Parole

A

-Early release from prison, with conditions attached and under supervision of a parole agency

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24
Q

Determinate Sentence

A

-A specific, fixed-period sentence ordered by a court

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25
Q

Status Offense

A

-A crime committed by a juvenile that would not be a crime if committed by a juvenile that would not be a crime if committed by an adult
~Ex:
*Purchasing alcohol and tobacco products, truancy, and violating curfew

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26
Q

Wedding Cake Modle of Criminal Justice

A

-A model of the criminal justice process whereby a four-tiered hierarchy exists, with a few celebrated cases at the top and lower tiers increasing in size as the seriousness of cases declines and informal processes (use of discretion) become more likely to occur

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27
Q

Ethics

A

-A set of rules or values that spell out appropriate human conducts

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28
Q

Lex Talionis

A

-Latin for “an eye for an eye, a tooth for a tooth”
-Retaliation or revenge that dates back to the Bible and Middle Ages

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29
Q

Stare Decisis

A

-Latin for “to stand by a decision”
-A doctrine referring to court precedent, whereby lower courts must follow (and render the same) decisions of higher courts when the same legal issues and questions come before them, thereby not disturbing settled points of law

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30
Q

Federalism

A

-A type of government that divides powers between a national (federal) government and governments of smaller geographic territories including states, counties, and cities

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31
Q

Criminal Law

A

-The body of law that defines criminal offenses and prescribes punishment for their infractions

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32
Q

Civil Law

A

-A generic term for all noncriminal law
~Usually related to setting disputes between private citizens, governmental, and/or business entities

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33
Q

Plaintiff

A

-The party bringing a lawsuit or initiating a legal action against someone

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34
Q

Defendant

A

-A person against whom a criminal charge is pending
~One charged with a crime

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35
Q

Burden of Proof

A

-The requirement that the state must meet to introduce evidence or establish facts

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36
Q

Reasonable Doubt

A

-The standard used by jurors to arrive at a verdict
~Whether or not the government (prosecutor) has established guilt beyond a reasonable doubt

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37
Q

Substantive Law

A

-The body of law that spells out the elements of criminal acts

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38
Q

Procedural Law

A

-Rules that set forth how substantive laws are to be enforced, such as those covering arrest, search, and seizure

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39
Q

Legal Jurisdiction

A

-The authority to make legal decisions and judgements, often based on geographical areas (territory) or the type of case in question

40
Q

Intent, specific

A

-A purposeful act or state of mind to commit a crime

41
Q

Motive

A

-The reason for committing a crime

42
Q

Idealistic Contrast

A

-The difference between juvenile and adult criminal justice processes, to include treatment and terminology

43
Q

Actus reus

A

-Latin for “guilty deed”
-An act that accompanies one’s intent to commit a crime, such as pulling out a knife and then stabbing someone

44
Q

Mens rea

A

-Latin for “guilty mind”
-The purposeful intention to commit a criminal act

45
Q

Felony

A

-A serious offense with a possible sentence of more than a year in prison

46
Q

Misdemeanor

A

-A lesser offense, typically punishable by a fine or up to one year in a local jail

47
Q

Crimes Against Person

A

-Violent crimes, to include homicide, sexual assault, robbery, and aggravated assault

48
Q

Felony-murder rule

A

-The legal doctrine that says that, if a death occurs during the commission of a felony, the perpetrator of the crime may be charged with murder in the first degree, regardless of the absence of intent, premeditation and deliberation, to malice aforethought

49
Q

Crimes against Property

A

-Crimes during which no violence is perpretrated against a person, such as burglary, theft, and arson

50
Q

Public Order Crimes

A

Offenses that violate a society’s shared norms

51
Q

White-Collar crimes

A

-Crimes committed by wealthy or powerful individuals in the course of the professions or occupations

52
Q

Organized Crimes

A

-Crimes committed by a member of illegal organizations

53
Q

Uniform Crime Reports

A

-Published annually by the FBI, each report describes the nature of the crime as reported by law enforcement agencies
~Including analyses of Part I crimes

54
Q

Crime Rates

A

-The number of reported crimes divided by the population of the jurisdiction, and multiplied by 100,000 people
~Developed and used by the FBI Uniform Crime Reports

55
Q

Hierarchy Rule

A

-In the FBI Uniform Crime Reports reporting scheme, the practice whereby only the most serious offenses of several that are committed during a criminal act is reported by the police

56
Q

National Incident-Based Reporting System

A

-A crime reporting system in which police describe each offense that occurs during a crime event as well as characteristics of the offender

57
Q

National Crime Victimization Survey (NCVS)

A

-A random survey of US households that measures crimes committed against victims
~Including crimes not reported to police

58
Q

Brian Banks

A

http://www.cbsnews.com/news/blindsided-the-exoneration-of-brian-banks/

59
Q

Actus Reus

A

-A person must commit an act or fail to act
~Status is not a crime

60
Q

Mens Rea

A

-“Guilty Mind”
-Criminal Intent

61
Q

Mens Rea
-Exceptions

A

-Strict Liability Crimes
~Selling Alcohol to a minor
~Statutory Sexual Assault
~Felony Murder
~Environmantal Crimes
*Chemical dumping

62
Q

Concurrence

A

-Intent (mens rea) + Act (actus reus) = crime

63
Q

Mens Rea and Motive

A

-Motive does not prove guilt
~Mercy killings are still murder
~Accidentally shooting an enemy is not murder
*But motive can be important in proving intent
**Greed, hate, jealousy supporting the intent
**Motives can also support defenses (like necessity)

64
Q

Mens Rea

A

-Difficult to define
-Difficult to prove
-Proof beyond a Reasonable doubt
~Confessions are the only direct evidence
~Usually have only circumstantial evidence
*We look to actions to prove intent

65
Q

Mens Rea
-Modle Penal Code

A

-Purposely
-Knowingly
-Recklessly
-Negligently

66
Q

NRS 200.240

A
67
Q

Charging Decision

A

-District Attorney/ Prosecutor
~Key Evidence
*Charges the person (NOT the police)

68
Q

Criminal Homicide

A

-Murder = intentional killing
~1st degree
~2nd degree
-Manslaughter = accidental killing
~Voluntary
~Involuntary

69
Q

1st Degree Murder
-Premeditation

A

-Planning
-Motive
-Manner of Killing
-NRS 200.010

70
Q

Felony Murder Doctrine

A

-Death during a dangerous felony = 1st-degree murder
~Premeditation/ malice is implied
*No proof of intent

71
Q

2nd Degree

A

-Willful killing without premeditation
~”Depraved heart” murder
~Extremely reckless killing
*Russian roulette, drag racing
~Intent to cause serious bodily injury

72
Q

2nd Degree Murder Nevada Definition

A

-All other murders that are not murder in the 1st degree

73
Q

Affirmative Defense

A

-The response to a criminal charge in which the defendant admits to committing the act charged but argues that for some mitigating reason he or she should not be held criminally responsible under the law

74
Q

Defense

A

-The response by a defendant to a criminal charge, including denial of the criminal allegations in an attempt to negate or overcome the charges

75
Q

Entrapment

A

-Police tactics that unduly encourage or induce an individual to commit a crime he or she typically would not commit

76
Q

Double Jeopardy

A

-The prosecution of an accused person twice for the same offense; prohibited by the Fifth Amendment except under certain circumstances

77
Q

Right-wrong Test

A

-The test of legal insanity, asking whether the defendant understood the nature and quality of his or her act and, if so, if he or she understood it was wrong

78
Q

Manslaughter

A

-Accidental killings
~Voluntary/involuntary
-Voluntary
~Intentional without malice
“Heat of Passion”
**Adequate Provocation
**No time to cool off
-Involuntary
~No intent
No heat of passion
**During an unlawful act or thru criminal negligence
**EX: Drunk driving

79
Q

Rape (Traditionally)

A

-Only women as victims
-Men could not legally rape their wives
~The “marital Rape Exception”
-Law presumed women were lying
~Burden of proof?
~Victim’s case
*Chastity
*Timely reporting
*Corroboration

80
Q

70s-80s
-Changed Rape Laws

A

-Abolished corroboration rule
-Rape shield laws
-Focus on unwanted contact
~Vs. Victim Concent

81
Q

Sexual Assault

A

-“Criminal sexual conduct” or “sexual assault” involving both sexes
-Laws cover all “penetrations” (must prove penetration for most serious crimes)
~Looks for DNA evidence
-Physical Injuries = more serious charge
~Self-defence
-There is NO MENS REA act for sexual assault
~Concent
-Penetration is Actus Reus

82
Q

State V. Thompson (1990-Montana)

A

-If the high school student did not have sex with the Principle, she would not graduate.
~She finally gave in after multiple asking (corrosion)
*After high school, she reported the assault

83
Q

Statutory Rape

A

-Adult-Minor Sexual Contact
~Adults 18+
~Juv 17-10
~Children 10 under
-Strict Liability Crime
~NO intent, Never a Defense
-No Force or Lack of Consent
~Minor’s Age is Proof
-CA and AK = Reasonable Mistake Defense

84
Q

Sex Offender Laws

A

-Public Policy
-Evidence-Based Practices
-Registration
-Civil Commitment
~They have to go through three separate psychological tests to see if they are going to commit the crime again
-Chelsea’s Law (CA)
~Prayed on younger girls but he always got parole and ended up killing two girls
*How is this guy out

85
Q

Defenses

A

-Absence of MENS REA
-ACTUS REUS but no intent
~I did it, but…

86
Q

Justification Defenses

A

-I’m responsible for my acts but my acts were justified
~SELF-DEFENSE

87
Q

Excuse Defenses

A

-What I did was wrong, but I wasn’t responsible for what I did
~INSANITY DEFENSE
~AGE

88
Q

Self-Defense

A

-Justification defense rooted in necessity
-Elements
~Necessity of Using Force
*Honest and Reasonable Belief
~Proportionality
*Level of Force
**Must be reasonable
-Unprovoked Attack

89
Q

Necessity/Imminent Danger

A

-Need for defense is NOW
-Aggressor must be capable of harm
-Battered women cases

90
Q

Reasonable Force

A

-Only amount that you REASONABLY believe is necessary to fend off the attack

91
Q

Unprovoked Attack

A

-No defence for an “INITIAL AGGRESSOR”

92
Q

Duty to Retreat?

A

-Some states say YES
-But only if reasonably believe that backing off won’t harm you
~MOST states- ‘stand your ground rule’

93
Q

Defense of Others

A

-Entitled to defend anyone who needs immediate protection from an attack
~Force is only OKAY where the person you are defending has the right to use it

94
Q

Defense of Home/ Property

A

-“A man’s home is his castle”
-General rule
~You can defend yourself in your home
-BUT
~State laws vary wildly

95
Q

Defenses

A

-Voluntary Intoxication
~NOT A DEFENSE
-Involuntary intoxication
~A COMPLETE DEFENSE

CRJ 104 (4 decks)

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