Criminal Justice 1-3

Precedent

A court decision that furnishes an example of authority for deciding subsequent cases involving similar facts

Federalism

A form of government in which a written constitution provides for a division of powers between a central government and regional government

Informal Criminal Justice Process

A model of the criminal justice system that recognizes the informal authority exercised by individuals at each step of the criminal justice system

Mala in Se

Acts that are inherently wrong, regardless of whether they are prohibited by law

case law

judge-made law, including judicial interpretations of the other three sources of law

victim

Anyone who suffers emotional, physical, or financial harm as a result of a criminal act.

What is criminal law?

Anything criminal act that is so reprehensible that it is considered a wrong against society

statutory laws

Laws and ordinances created by federal, state, and local legislatures and governing bodies

What are the social aspects of law?

Maintain and teach

What is justice?

The quality of fairness that must exist in the process designed to determine whether individuals are guilty of criminal wrongdoing

Correlation

The relationship between to measurements of behaviors that tend to move together in the same direction

Felony

a serious crime, usually punishable by death or imprisonment for a year or longer

Robbery

act of taking property from another person through force, threats, or intimidation

Burglary

acts of breaking and entering with the purpose of committing a felony

Mala Prohibita

acts that are criminally wrong but not considered wrong by society

Part 2 offenses

all crimes recorded by FBI that doesn't fall under Part 1 offenses -includes misdemeanors and felonies

What is civil law?

all types of law other than criminal

What did herburt acker describes criminal justice as

an assembly line

Public order crime

behavior that has been labeled criminal because it is contrary to shared beliefs, values, or social norms

Deviance

behavior that is considered to go against the norms of society

beyond a reasonable doubt

evidence that states 100% that the defendant committed that crime -Criminal

Sociological theories

crime in not something on is "born to do." Rather, crime is the result of the social conditions such as poverty, poor schools, unemployment, and discrimination with which a person lives

Rational Choice theory

crime is the result of rational choices made by those who decide to engage in criminal activity for the reward that it offers

Trait Theories

criminal behavior is explained by the biological and psychological attributes of an individual

Consensus Model

criminal justice model in which the majority of citizens in a society share the same values and beliefs. Crime acts are acts that conflict with these values and beliefs and that are deemed harmful to society

Organized crime

illegal acts carried out by illegal organizations engaged in the market of illegal goods or services

Liability

in a civil court, legal responsibility for one's own or another actions

Defendant

in a civil court, the person or institution against women an action is brought. In a criminal court, the person or entity who has been formally accused of violating a criminal law

White-collar crimes

non-violent crimes committed by a business entities or individuals to gain personal or business advantages

larceny

taking property from another person without the use of force

What does class have to do with crime?

the higher the disadvantages of a area the higher chances of crime to appear

Plantiff

the persons or institution that initiates a lawsuit in civil court proceedings by filing a complaint

Procedural Process

the provisions of the 5th and 14th amendment to the const. that guarantee that no person shall be deprived o life, liberty, or property without due process of law

Causation

the relationship in which the change of one measurement or behavior creates a recognizable change in another

Administrative law

the rules, orders, and decisions of federal or state government administrative agencies

Criminology

the scientific study of crime and the caused of criminal behavior

Life course criminology

the study of crime based in the belief that behavior patterns developed in childhood can predict delinquent and criminal behavior later in life

Strain theory

the theory that crime is the result of frustration and anger felt by individuals who cannot reach their financial and personal goals through legitimate means

learning theory

the theory that delinquents and criminals must be taught both the practical and the emotional skills necessary to participate in illegal activity

social disorganization theory

the theory that deviant behavior is more likely in communities where social institutions such as the family, school, and the criminal justice system fail to exert control over the population

Types of defenses

-Infancy -Insanity -intoxication -mistake -Duress -Self defense -entrapment

What are some types of crime?

-Violent -Property -Public order -White-collar -Organized -High-tech

What kind of court system do we have?

-a dual court system -a split ferderal and state court

Uniform Crime Report

-annual report compiled by the FBI to give an indication or criminal activity in the U.S. -Started 1930 -95% of the population

What is the NIRBS

-the national incident-based reporting system -single crime incident within 22 offence catagories

What are corrections doing to reduce prison populations

1. Early releases to nonviolent offenders 2. Diverting offenses and move towards rehabilitation 3.reduce the recidivism rate

Steps in the criminal justice process?

1. Entry into the system 2. Prosecution and Pretrial Services 3. Adjudication 4. Sentencing and Sanctions 5. Corrections

What are the three major crimes that law enforcement have to deal with?

1. Gangs 2. Guns 3. Illegal drugs

What are the three levels of law enforcement?

1. Local- 'nuts and bolts' of law enforcement 2. State- follow state laws 3. Federal- directly follow Federal laws

What makes up Corrections?

1. Probation/poroal 2. incarceration 3. Community-based corrections

What do most crimes require?

1. a likely offender 2. a suitable target 3. absence of a capable guardian (law enforcement)

What makes up a crime?

1. punishable under criminal law 2. offense against society as a whole, and prosecuted by public officials 3. punishable by sanctions based in laws that bring about the loss personal freedoms or life

What are the specific goals of our justice system?

1. to protect society from future crimes and risky behavior 2. determine is an offense has been committed and provided appropriate punishment 3.rehablitate offenders 4. support crime victims, return them to precrime status

What are the key provisions of the Patriot Act?

1. what it means to engage in terrorist activity 2. greater leeway for law enforcement to track internet use 3. reduction in amount of evidence law enforcement's need to take terrorist into custody

Homeland Sercurity

A concentrated national effort to prevent terrorist attacks within the USA and reduce the country's vunerability

Crime

An act that violates criminal law and is punishable by criminal sanctions

Life course theories

Criminal and antisocial behavior is evident at each stage of a person's life. By focusing on such behavior in early childhood, criminologists may be able to better understand and predict the offending patterns as a person grows older.

Domestic Terrorism

The act of terrorism on U.S. soil, not having direct connections to a terrorist organization

Social Process theories

Family, friends and peers have the most impact on an individual's behavior, and the interactions with these groups ultimately determine whether a person will become involved in criminal behavior

Morals

Ideas of what is right and wrong

When is deviance is illegal acts?

Only when society as a whole, through legislative acts, determine it to be punishable by law

What does Race have to do with crime?

Strong evidence to show that minority races have a direct correlation to crime

Substantive due process

The const. requirement that laws used in accusing and convicting persons of crimes must be fair

Murder

The unlawful killer of another human

Where are all laws found?

They are found within the written constitution of either the state or federal level.

Conflict Model

a Criminal Justice model in which the content of criminal law is determined by the groups that hold political power in a community

supremacy clause

a clause in the U.S. constitution establishing that federal law is the law of the land

Misdemeanor

a criminal offense that is not a felony, usually punishable by a fine and/or jail up to a year

Actus Rea

a guilty act

What are expressed powers?

a huge amount of authority over American national policy, both foreign and domestic.

Biometrics

a method of identifying a person based on his/hers unique physical characteristics, such as fingerprints or facial configurations

Ballot initiative

a procedure through which the citizens can gain enough signatures can force a public vote on a proposed change to state law

victimology

a school of criminology that studies why certain people are the victims of crimes and the optimal role for victims in the criminal justice system

Ethics

a system of moral principles that governs a perception of right and wrong

Control theory

a theory that assumes that all individuals have the potential for criminal behavior but is restrained by the damage that such actions would fo their relationships with family, friends, and members of the community

Mens Rea

a wrongful mental state or intent which is usually as necessary as a wrongful act to establish criminal liability

Recidivism

commission of a new crime by a person who has already been convicted of a previous crime and sent to jail or prison

Victim Surveys

data that directly surveys participants to determine their experiences as victims

Crime control model

deter crime by arresting and incarcerating criminals as quickly and efficient as possible

Sexual Assault

forced or coerced sexual intentions

Self-Reported Survey

gathering information about a participant's own details of their criminal or delinquent behaviors

Criminal Justice system

interlocking networks of law enforcement agencies, courts, and correctional institutions designed to enforce laws and protect society from criminal behaviors.

Due process model

protect the individual charged with a crime against the immense and sometimes possible unjust power of the state

Discreation

the ability of individuals in the criminal justice system to make decisions on judgement calls instead of formal rules

Battery

the act of physically contacting another person with intent to do harm

Dark figures of Crime

the actual amount of crimes that take place

corpus delicti

the body of circumstances that must exist for a criminal act to have occurred

Civil law

the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters

Preponderance of the evidence

the degree of proof required deciding if favor of one side or the other in a civil case. -Civil

Part 1 offenses

those crimes most likely covered by the media, consequently, inspire the most fear of crime in pop. -murder -rape -robbery -aggravated assault -burglary -larceny -motor theft

Assault

threat or attempt to do violence

Social Conflict theories

through criminal laws, the dominant members of society control the minority members, using institutions such as the police, courts, and prisons, as tools of oppression