Quiz 2 Flashcards
What’s the difference between homicide and murder?
Homicide is the killing of another human being whether intentional or not. Murder is when you plan and then carry out a killing.
Which (Due Process or Crime Control) favors:
1. Quick sentencing
2. Rehabilitation
3. Deterrence
4. Rights of accuse
1)Crime control
2) Due process
3)Crime control
4)Due process
What happens if you get too much Due Process? What happens with too much Crime Control?
Too much Due process can lead to riots, gangs, high crime, and street justice.
Too much crime control can lead to repression, secret police,lack of privacy, and extreme punishment.
Describe Type I and Type II errors. Which is a false negative?
What is a Type I error in a jury trial?
Type 1: false positive, you think you have the criminal but do not. A innocent person has gone to jail
Type two: false negative, you think they are innocent but they are not
What is moral dumb-founding? How does it indicate a problem for writing laws?
Moral dumb-founding is the fact that we don’t understand our own moral system. There for writing laws that match our morals is hard. How do you write a laws for something that you can’t explain why its wrong?
What is the reasonable man test in laws? Why is it there?
Reasonable man test: is a reasonable citizen is scared then it is against the law. This is here because there are aberrations in every law.
Describe the Castle Doctrine.
Describe the Duty to Retreat in some self defense laws.
Castle Doctrine says that if someone comes on to your property or tries to steal your possession then you can use force to get rid of them
However some have the Duty to Retreat which says that if you can leave safely then you have the ability to leave you should
What is the general purpose of discretion in the CJS?
Discretion as a general definition is the ability to apply a rule or not. The freedom to act or not to act.
List the four “C”s in the Criminal Justice System. Describe the discretion given to each
Citizens: can be victims, complainants, or offender, ability to report crime, jury nullification
Corrections: prison policies, granting parole, revoking probation
Courts: Negotiation of charge, plea bargains, dismissal, introduction of evidence
Cops: Pad the “stats”, mood, ethic/sex bias, and demeanor of suspect
Define Discretion
What is abuse of discretion?
The ability to choose to enforce a law or not.
Prosecutors: charging people who won’t be convicted, not taking into account circumstances
Police: police discretion is not to be enforced on all laws
Citizens: Jury nullification
What is Jury Nullification?
How is it an example of discretion?
The ability for the jury in a court case to disregard the evidence against the wrongdoer and acquit. This is the citizens practicing discretion and influencing law
Name some tradeoffs in the criminal justice system.
Due process v crime control
Individual liberty v. Social civility
What is the term for laws that are written by legislatures?
Statutory laws
What is the term for laws that are in the Constitution?
Constitutional law
What is the term for laws that are written by federal agencies?
Administrative laws
If a governor declares martial law, what kind of law is this?
Executive order
When judges make decisions, what kind of law does this create?
Case law
What’s the difference between substantive and procedural law?
Substantive law: The “what” of the law, the law that defines rights and duties
Procedural law: the procedures that must be followed when carrying out the law
What’s the difference between Civil and Criminal Law? Are these substantive or procedural laws typically?
Civil law: deals with issues pertaining to issues between two individuals concerning private matters
Criminal law: is between individuals and the government who are accused of violating government-created laws
What is the Bill of Rights?
The bill of rights is the first 10 amendments of the constitution.
Which Amendment to the Constitution protects freedom of speech and religion?
Amendment 1
Which Amendment to the Constitution protects the right to bear arms?
Amendment 2
Which Amendment to the Constitution protects against unreasonable searches?
The 4th Amendment
Which Amendment to the Constitution protects the right to a jury trial?
Amendment 6
Which Amendment to the Constitution prevents cruel and unusual punishment?
Amendment 8
What is the M’Naghten Rule?
Individuals must prove that they were in a state of mind that they did not know what they were doing or that what they were doing was wrong
What is the double jeopardy provision?
One person can not be tried for the same crime twice
What is the right to habeas corpus?
Allows an individual to challenge illegal confinement by the government
What is the ex post facto provision?
Prohibits retroactive laws; a law passed tomorrow can not be implemented on the happenings of today
What are the dangers of talking to the police?
What if you are innocent?
You could self-incriminate yourself even if you are innocent. Most are going to confess guilt and those who don’t their words will be used could be used against them in a court of law.
You watched a video in class. What tradeoffs did the video not mention? i.e. Why should you talk to the police sometimes?
There are several trade offs not mentioned but a big one is a distrust in the police. If not talking to the police can benefit you when it comes to court and crime then why should the people trust them. This then leads to crimes not being reported so that people are not accused or ridiculed for things that happened to them or they did not do.
What is the difference between assault and battery?
Assault:an act that causes a person to fear and attack
-requires intent
Battery:unwanted,offensive contact (touching)
E.g. punching, spitting
What is the difference between: larceny, robbery, and burglary?
Larceny: “petty” usually under $200. Grand is more than $200
Robbery: Theft use of coercion, “armed robbery”
Burglary: Breaking and entering with the intent to steal
-E.G burgal a house
