Test 1 Flashcards

0
Q

Civil Justice-

A

The civil law, the law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action

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1
Q

Justice-

A

The principle of fairness

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2
Q

Criminal Justice-

A

In the strictest sense, the criminal (penal) law, law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law.

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3
Q

Consensus Model-

A

A criminal justice perspective that assumes that the system’s components work together harmoniously to achieve the social product we call justice.

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4
Q

Conflict model-

A

A criminal justice perspective that assumes that the system’s components function primarily to serve their own interests. According to this theoretical framework, justice is more a product of conflicts among agencies within the system than it is the result of cooperation among component agencies.

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5
Q

Due Process-

A

A right guaranteed by the 5th, 6th, and 14th amendments of the us constitution and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights.

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6
Q

Gideon v Wainwright-

A

The Supreme Court embraced the 6th amendment guarantee of a right to a lawyer for all criminal defendants and mandated that states provide lawyers for defendants who are unable to pay for them.

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7
Q

Crime Control Model-

A

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.

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8
Q

Due Process Model-

A

A criminal justice perspective that emphasizes individual rights at all stages of justice system proceedings.

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9
Q

August Vollmer-

A

Former police chief of LAPD who persuaded the university of California to offer courses on the subject of criminal justice as an academic discipline.

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10
Q

Crimonology-

A

The scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders.

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11
Q

Multiculturalism-

A

The existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society’s legal and political systems.

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12
Q

Fig 1-4 Criminal Justice Process

A

Investigation, Warrant, Arrest, Booking, First Appearance, Preliminary Hearing, Information or Indictment, Arraignment, Adjudication, Sentencing, Corrections, Reentry.

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13
Q

Uniform Crime Reporting (UCR)-

A

A statistical reporting program run by the FBI’s criminal information services division. The UCR program publishes “crime in the United States” which provides an annual summation of the incidence and rate of reported crimes throughout the United States.

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14
Q

National Crime Victimization Survey (NCVS)-

A

An annual survey of selected american households conducted by the bureau of justice statistics to determine the extent of criminal victimization- especially unreported victimization- in the United States.

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15
Q

Part 1 Offenses-

A

murder, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, arson.

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16
Q

Murder-

A

The unlawful killing of a human being.

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17
Q

Forcible Rape-

A

The carnal knowledge of a person, forcibly and against their will.

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18
Q

Sexual Battery-

A

The intentional and wrongful physical contact with a person, without his or her consent, that entails a sexual component or purpose.

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19
Q

Date Rape-

A

The unlawful forced sexual intercourse with a female against her will that occurs within the context of a dating relationship.

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20
Q

Robbery-

A

The unlawful taking or attempted taking of property that is in immediate possession of another by force or violence and/or by putting the victim in fear.

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21
Q

Aggravated Assault-

A

The unlawful, intentional inflicting, or attempted or threatened inflicting, of serious injury upon the person of another.

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22
Q

Assault-

A

An unlawful attack by one person upon another.

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23
Q

Burglary-

A

The unlawful entry of a structure to commit a felony or theft.

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24
Q

Larceny-theft-

A

The unlawful taking or attempted taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

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25
Q

Motor Vehicle Theft-

A

The theft or attempted theft of a motor vehicle.

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26
Q

Arson-

A

Any willful or malicious burning or attempt to burn, with or without intent to defraud.

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27
Q

Dark Figure of Crime -

A

Crime that is not reported to the police and that remains unknown to officials.

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28
Q

Stalking -

A

Repeated harassing and threatening behavior by one individual against another, aspects of which may be planned or carried out in secret.

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29
Q

Cyberstalking -

A

The use of the internet, email and other electronic communication technologies to stalk another person.

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30
Q

Crime Against Elderly -

A

Lowest statistical victimization rate, mostly victimized by younger population.

31
Q

Hate Crime -

A

A criminal offense committed against a person, property, of society that is motivated in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/ national origin.

32
Q

Corporate Crime -

A

A violation of a criminal statute by a corporate entity or by its executives, employees, or agents acting on behalf of and for the benefit of the corporation, partnership, or other form of business entity.

33
Q

White Collar Crime -

A

Violations of the criminal law committed by a person of respectability and high social status in the course of his or her occupation.

34
Q

Organized Crime -

A

The unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods or services, including gambling, prostitution, loan sharking, narcotics, and labor rackateering.

35
Q

Transitional Organized Crime -

A

Unlawful activity undertaken and supported by organized criminal groups operating across national boundaries.

36
Q

Brady Handgun -

A

Five day grace period to buy a gun.

37
Q

Domestic Violence Gun Ban -

A

Unlawful for offenders who convicted of domestic violence to carry a handgun.

38
Q

Computer Crime -

A

Any crime perpetrated through the use of computer technology.

39
Q

Terrorism -

A

A violent act or an act dangerous to human life in violation of the criminal laws of the United States or of any state, committed to intimidate or coerce a government, the civilian population, or any segment thereof in furtherance of political or social objectives.

40
Q

Domestic Terrorism -

A

The unlawful use of force or violence by a group or an individual who is based and operates entirely within the United States and its territories without foreign direction and whose acts are directed at elements of the us government population.

41
Q

International Terrorism -

A

Terrorism that crosses boundaries of blah blah blah

42
Q

Cyber Terrorism -

A

A form of terrorism that makes use of high technology, especially computers and the internet, in the planning and carrying out of terrorist attacks.

43
Q

Law -

A

A rule of conduct generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior.

44
Q

Statutory Law -

A

The written or codified law.

45
Q

Penal Code -

A

The written, organized , and compiled form of the criminal laws of a jurisdiction.

46
Q

Case Law -

A

The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serves as a guide to decision making, especially in the courts.

47
Q

Common Law -

A

The body of law originating from usage and custom rather than from written statutes.

48
Q

Rule of Law -

A

The maxim that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members.

49
Q

Criminal Law -

A

The body of rules and regulations that define and specify the nature of and punishments for offenders of a public nature or for wrongs committed against the state or society, also called penal law.

50
Q

Substantive Criminal Law -

A

The part of the law that defines crimes and specifies punishments.

51
Q

Procedural Law -

A

The part of the law that specifies the methods to be used in enforcing substantive law.

52
Q

Civil Law -

A

The Branch of modern law that governs relationships between parties.

53
Q

Tort -

A

A wrongful act, damage, or injury not involving a breach of contract. Also a private or civil wrong or injury.

54
Q

Administrative Law -

A

The body of regulations that governments create to control the activities of industries, businesses, and individuals.

55
Q

Precedent -

A

A legal preinciple that ensures previous judicial decisions are authoritatively consideres and incorporated into future cases.

56
Q

State Decisis -

A

A legal principle that requires that in subsequent cases on similar issues of law and fact, courts are bound by their own earlier decisions and by those of higher courts having jurisdiction over them.

57
Q

Felony -

A

A criminal offense punishable by death or by incarceration in a prison facility for at least one year.

58
Q

Misdemeanor -

A

An offense punishable by incarceration usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction, typically one year or less.

59
Q

Offense -

A

A violation of the criminal law.

60
Q

Incohate Offense -

A

An offense not yet completed.

61
Q

Actus Reus -

A

An act in violation of the law “guilty act”

62
Q

Mens Rea -

A

The state of mind that accompanies a criminal act “guilty mind”

63
Q

Types of mens rea -

A

Pruposeful, knowing, reckless, negligent.

64
Q

Motive -

A

A person’s reason for committing a crime.

65
Q

Strict liability -

A

A liability without fault or intention - requireing no mens rea.

66
Q

Concurrence -

A

Refers to the cat that concurrence of a guilty mind and criminal act may cause harm.

67
Q

Harm -

A

occurs in all crime.

68
Q

Ex Post Facto -

A

After the fact, prohibited by the constitution to punish crimes committed before laws were passed making that crime punishable.

69
Q

The Principle of Legality -

A

Highlights the fact that a behavior cannot be criminal if no law exists that defines it as such.

70
Q

Principle of Punishment -

A

Holds that no crime can be said to occur where punishment has not been specified in the law.

71
Q

Element -

A

In a specific crime, one of the essential features of that crime, as specified by law or statute.

72
Q

Corpus Delicti -

A

The facts that shot that a crime has occurred “body of the crime”

73
Q

Types of defenses -

A

Alibi, Justification, excuse, procedural defense.

74
Q

Jones v. U.S. (1983) -

A

Court ruled that defendants can be required to prove their insanity when it becomes an issue in their defense.

75
Q

Ake v. Oklahoma (1985) -

A

Government must ensure access to a competent psychiatrist whenever a defendant indicates that insanity will be an issue at trial.