CJ 100- 1st part

remedy (criminal)

punishment (fine or incarceration)

murder (violent crime)

the unlawful killing of a human being

goals of the criminal justice system

to prevent and control crime, to provide and maintain justice.

duress (justification criminal defense)

unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform. In such a situation, duress is said to negate the mens rea necessary to commit a crime. For duress to qualify as a defense, the following must occur: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable, and the defendant must have become involved in the situation through no fault of his or her own.

wrongful act (criminal law)

violation of a statue that prohibits some type of activity

case law

The rules of law announced in court decisions, or precedents. These rules of law include interpretations of constitutional provisions, of statues enacted by legislatures, and of regulations created by administrative agencies. Case law relies to a certain extent on how courts interpret a particular statue.

stare decisis (latin term)

a common law doctrine under which judges are obligated to follow the precedents established under prior decisions. "Stare decisis" most literally means: to stand on decided cases.

infancy (excuse defense for crime)

a condition that, under early American law, excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions.

self reported survey

a method of gathering crime data that relies on participants to reveal and detail their own criminal or delinquent behavior. Self-reported surveys can be unreliable due to people may under report their personal behavior. Self-reported surveys would be most useful in a setting such as persons gathered in an institutional setting such as prison or jail.

involuntary manslaughter

a negligent homicide, in which the offender had no intent to kill her or his victim.

hypothesis

a possible explanation for an observed occurrence that can be tested by further investigation. If enough authorities do find the hypothesis valid, it will be accepted as a theory.

procedural due process

a provision in the Constitution that states that the law must be carried out in a fair and orderly manner.

social processes theories

a school of criminology that considers criminal behavior to be the predictable result of a person's interaction with his or her environment. According to these theories, everybody has the potential for wrongdoing. Those who act on this potential are conditioned to do so by family or peer groups, or institutions such as the media. Social processes theories include learning, control, and labeling theories. Self control theory is associated social processes.

rational Choice theory (free will)

a school of criminology that holds that wrongdoers act as if they weigh the possible benefits of criminal or delinquent activity against the expected costs of being apprehended. When the benefits are greater than the expected costs, the offender will make a rational choice to commit a crime or delinquent act. The concept of free will is associate with this theory.

social conflict theories

a school of criminology that views criminal behavior as the result of class conflict; center around classism and view criminal law as social control.

criminologist

a specialist in the field of crime and causes of criminal behavior.

statutory rape

a strict liability crime in which an adult engages in a sexual act with a minor. The difference in age between the two participants automatically criminalizes the behavior of the older participant, regardless of whether the younger one consented.

remedy (civil)

damages to compensate for the harm

wrongful act (civil law)

harm to a person or business entity

organized crime

illegal acts carried out by illegal organizations engaged in the market for illegal goods or services, such as illicit drugs or firearms. groups engaged in organized crime employ criminal tactics such as violence, corruption, and intimidation for economic gain.

civil law

includes all forms of law other than criminal law; the branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. Concerned with disputes b/t private individuals and between entities.

arson (property crime)

involves the willful and malicious burning of a home, automobile, commercial building, or any other structure.

factor that makes the NCVS superior to the UCR

it does not rely on victims directly reporting crime to the police, it measures both reported and unreported crime, and it is unaffected by police bias and distortions in reporting crime to the FBI

constitutional law

law based on the U.S constitution and the constitution of the various states. The U.S constitution is the supreme law of the land and is the basis of all law in the U.S.

substantive criminal law

law that define the rights and duties of individuals with respect to one another; acts that the government will punish.

explanation for rising number of women incarcerated

many women arrested and given harsh punishments for activity that would not have put them behind bars decades ago. For the most part, activity is nonviolent: the majority of female arrests are involved in drug- and alcohol- related offenses and property crimes.

mens rea (latin tem)

mental state, or intent. A wrongful mental state is as necessary as a wrongful act in determining guilt. For theft, the wrongful act is the taking of another person's property, and the required mental state involves both the awareness that the property belongs to another and the desire to deprive the owner of it. Elements required to establish mens rea: purpose, knowledge, negligence, or recklessness.

theory

n explanation of a happening or circumstance that is based on observation, experimentation, and reasoning.

white collar crime

nonviolent crimes committed by business entities or individuals to gain a personal or business advantage; use of legal business facilities and employees to commit illegal acts.

area of concern (criminal law)

offenses against society as a whole

concurrence

one of the basic elements of a crime; described as the connection of the criminal act and the guilty mind. Ex: a woman intends to to murder her husband with poison. Every evening this woman drives her husband home from work . On the night she plans to poison him, however, she swerves to avoid a cat and runs into a tree. She survives the accident, but her husband is killed. Even though her intent was realized, the incident would be considered an accidental death b/c she had not planned to kill him by driving the car into the tree.

sexual assault (violent crime)

or rape, coerced actions of a sexual nature against an unwilling participant.

history of law

originally, American criminal law was un-codified. That is, it relied primarily on judges following previous judicial decisions, and the body of law was not written down in any single place.

Due Process vs. Crime Control

packer likened the due process model to an obstacle course, and the crime control model to an assembly line.

party who responds (criminal law)

person who allegedly committed a crime (defendant)

party who brings suit (civil law)

person who suffered harm (plaintiff)

party who responds (civil law)

person who supposedly caused harm (defendant)

habitual offender

statues that require lengthy prison sentences for those who are convinced of multiple felonies.

difference between NCVS and self reported surveys

the NCVS involves an annual survey or more than 40,000 households conducted by the Bureau of the Census along with the Bureau of Justice statistics. The survey queries citizens on crimes that have been committed against the. As such, the NCVS includes crimes not necessarily reported to the police. Self reported surveys, in contrast, ask individuals about criminal activity to which they may have been a party.

burglary (property crime)

the act of breaking or entering a structure (such as home or office) without permission for the purpose of committing a crime.

recidivism

the act of committing a new crime after a person has already been punished for a previous crime by being convinced and sent to jail or prison.

larceny (property crime)

the act of taking property from another person without the use of force with the intent of keeping that property. Pocket picking, shoplifting, and stealing of any property; also known as theft.

corpus delicti (latin term)

the body of circumstances that must exist for a criminal act to have occurred; can be defined as "proof that a specific crime has actually been committed by someone."

administrative law

the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.A regulatory agency is a federal, state, or local government agency established to perform a specific function. Ex. include OSHA, FDA and their responsibilities.

statutory law

the body of law enacted by legislative bodies. Federal statues are laws that are enacted by the U.S congress. State statues are laws enacted by state legislatures, and statutory law also includes the ordinances passed by cites and countries. A federal statue applies to all states. A state statue applies only within the state borders.

substantive due process

the constitutional requirement that laws used in accusing and convicting persons of crimes must be fair.

standard of proof (civil law): preponderance of the evidence

the degree of proof required to decide in favor of one side or the other in a civil case. In general, this requirement is met when a plaintiff proves that a fact more likely than not is true.

standard of proof (criminal law): beyond a reasonable doubt

the degree of proof required to find the defendant in a criminal trial guilty of committing the crime. The defendant's guilt must be the only reasonable explanation for the criminal act before the court.

the importance of due process clause in the criminal justice system

the due process clause acts to limit the power of government. In the criminal justice system, the due process clause requires that certain procedures be followed to ensure the fairness of criminal proceedings and that all criminal laws be reasonable and in the interest of the public good.

bill of rights

the first ten amendments of the U.S constitution, adopted in1791. 4th amend protects against unreasonable searches and seizures and requires that no warrants for a search or an arrest can be issued without probable cause. 5th amend prohibits deprivation of life, liberty, or property without "due process" of law and prohibits against double jeopardy and guarantees that no person can be required to be a witness against himself. 6th amend guarantees a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages of criminal proceedings. 8th amend prohibits against excessive bails and fines and cruel and unusual punishments.

leaning theory

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

self defense (justification criminal defense)

the legally recognized privilege to protect one's self or property from injury by another. The privilege of self-defense covers only acts that are reasonably necessary to protect one's self or property. In all situations it is important to distinguish between deadly (likely to result in death or serious bodily harm) and non-deadly force.

high-tech crime

the newest variation of crime directly related to the increased presence of computers and social networking in everyday life. Cyber crimes such as selling porn, soliciting minors, and defrauding consumers through bogus financial investments.

UCR (Uniform Crime Report)

the predominant source of crime data in the U.S. An annual report compiled by the FBI to give an indication of criminal activity in the United States. The FBI collects data from local, state, and federal law enforcement agencies in preparing this report. Approximately 17,500 local police agencies, covering approximately 95% of the population, report their statistics to the FBI for use in the UCR.

functions of criminal law

the primary function is to protect citizens from harms to their safety and property and from harms to society's interest collectively. The second function is to maintain and teach social values as well as social boundaries- for ex, speed limits and laws against bigamy.

due process

the provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. In other words, the government cannot rely on individual judgement and impulse when making decisions, but must stay within boundaries of reason and law.

duty to retreat

the requirement that a person claiming self-defense prove that she or he first took reasonable steps to avoid the conflict that resulted in the use of deadly force. Generally, the duty to retreat applies only in public spaces and does not apply when the force used in selfdefense was non-deadly. The recent "stand your ground" laws eliminate this duty to retreat.

criminology

the scientific study of crime and the causes of criminal behavior. Classical criminology is based on the belief that individuals have free will to engage in any behavior, including criminal behavior. Life course criminology is the study of crime based on behavior patterns developed during childhood.

party who brings suit (criminal law)

the state (prosecutor)

robbery (violent crime)

the taking of funds, personal property, or any other article of value from a person by means of force or fear.

social disorganization theory

the theory that deviant behavior is more likely in communities where social institutions such as the family, schools, and the criminal justice system fail to exert control over the population. The Ecological analysis of crime was introduced as a result of the social disorganization theory.

property crimes

those crimes in which the goal of the offender is some from of economic gain or the damaging of property.

battery and assault (violent crime)

two separate acts that cover situations in which one person physically attacks another (battery) or, through threats, intentionally leads to another to believe that he or she will be physically harmed (assault).

part II offenses

are all crimes recorded by the FBI that do not fall into the category of Part I offenses. Include both misdemeanors and felonies.

felony

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

index crimes, stats, errors, peak periods, factors such as age, race, ecology, seasons, gender, regions, etc.

After reaching high levels in the early 1990s, crime rates have dropped significantly and are currently remaining rather flat. Many researchers believe there is a correlation between drug crimes and the violent crime spike of the 1980s and 1990s. Crack cocaine and related drug wars became a predominant factor in crime during the 1980s. For crime rates in terms of race and class, income level is more important than race. In terms of women and crime, 2.4% of all homicides involve a female victim and female perpetrator.

differences between crimes mala in se and mala prohibita

a criminal act is mala in se if it is inherently wrong, while a criminal act mala prohibita is illegal only because it is prohibited by laws of a particular society. It is sometimes difficult to distinguish between these two sorts of crimes because it is difficult to define a "pure" mala in se crime, that is, it is difficult to separate a crime from the culture that has deemed it a crime.

due process

a criminal justice model that places primacy on the right of the individual to be protected from the power of the government. Due process values hold that the state must prove a person's guilt within the confines of a process designed to safeguard personal liberties as enumerated in the Bill of Rights. Due process focuses more on fairness than efficiency. The due process clause is the provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions

crime control

a criminal justice model that places primary emphasis on the right of society to be protected from crime and violent criminals. Crime control values emphasize speed and efficiency in the criminal justice process; the benefits of lower crime rates outweigh any possible costs to individual rights. Crime control model emphasizes that the most important role of the criminal justice system is to punish and repress criminal conduct.

misdemeanor

a criminal offense that is not a felony; usually punishable by a fine and/or a jail term of less than one year. Most states similarly distinguish between gross mis. (offenses punishable by 30 days to a yr in jail), and petty mis. (offenses punishable by fewer than a 30 days in jail).

necessity (justification criminal defense)

a defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act. Requires courts to weigh the harm caused by the crime actually committed against the harm that would have been caused by the criminal act avoided.

insanity (excuse defense for crime)

a defense for criminal liability that asserts a lack of criminal responsibility due to mental instability. According to the law, a person cannot have the requisite state of mind to commit a crime if she or he did not know at the time of the act that it was wrong, or did not know the nature and quality of the act. The irresistible impulse test holds that a defendant who knew his or her action was wrong may still be found insane if he/she was unable, as a result of a mental deficiency, to control the urge to complete it.

entrapment (justification criminal defense)

a defense in which the defendant claims that he or she was induced by a public official—usually an undercover agent or police officer— to commit a crime that he or she would otherwise not have committed.

chronic offender

a delinquent or criminal who commits multiple offenses and is considered part of a small group or wrongdoers who are responsible for a majority of the antisocial activity in any given community.

actus rea (latin term)

a guilty (prohibited) act. The commission of a prohibited act (the person must do something in order to be accused of a crime) is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime. The act of commission must be voluntary.

voluntary manslaughter

a homicide in which the intent to kill was present in the mind of the offender, but malice was lacking. Most commonly used to describe homicides in which the offender was provoked or otherwise acted in the heat of passion.

victim surveys

a method of gathering crime data that directly surveys participants to determine their experiences as victims of crime through techniques such as interviews, mail, or phone surveys

crime

an act that violates criminal law and is punishable by criminal sanctions.

public order crime

behavior that has been labeled criminal because it is contrary to shared social values, customs, and norms. Most common include public drunkenness, prostitution, gambling, and illicit drug use. Referred sometimes as victimless crimes because they often harm only the offender.

the model penal code, general guide for criminal law, four degrees of murder

capital offenses, for which maximum penalty is death. first degree felonies, punishable by a maximum penalty of life imprisonment. second degree felonies, punishable by a maximum of ten years imprisonment. third degree felonies, punishable by a maximum of five years' imprisonment.

trait theories of crime

certain biological or physiological attributes in individuals could incline them toward criminal behavior given a certain set of circumstances. Positivism sees criminal and delinquent behavior as being associated with biological and psychological forces. The statement "crime is something a person is born to do" is associated with this theory. biology is a very broad term that refers to the scientific study of living organisms, while psychology pertains more specifically to the study of the mind and its processes.

strict liability crimes

certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act. The goal of strict liability is to protect the public by eliminating the possibility that wrongdoers could absolve themselves from criminal responsibility by claiming ignorance or mistake.

primary goal of civil law

civil law is designed to resolve disputes between private individuals and other entities, such as corporations. In these disputes, one party, called the plaintiff, tries to gain monetary damages by providing that the accused party, or defendant, is to blame for the tort, or wrongful act.

all law can be divided into either

civil law or criminal law

violent crime

crime against persons

part I offenses

crimes reported annually by the FBI in its UCR due to their seriousness, including murder, rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. Most likely to be covered by media and inspire the most fear of crime in the population.Due to their frequency, are recorded by the FBI to give a general idea of the "crime picture" in the U.S in any given year). Not always considered beyond reproach and completely accurate accounting of crime in the U.S. The majority of part I offenses are property crimes.

primary goal of criminal law

criminal law exists to protect society from criminal behavior. To that end, the government prosecutes defendants, or persons who have been charged with committing a crime.

intoxication (excuse defense for crime)

defense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act. Involuntary intoxication occurs when a person is physically forced to ingest or is injected with an intoxicating substance, or is unaware that a substance contains drugs or alcohol. Involuntary intoxication is a variable defense to a crime if the substance leaves the person unable to form the mental state necessary to understand that the act committed while under the influence was wrong.

USA PATRIOT Act of 2001

designed to strengthen law enforcement to deter terrorism on American soil. The most important provisions include: The Act gives law enforcement agents greater liability to use surveillance and wiretap methods, conduct searches, track Internet use, and access private records when investigating terrorist activity. The Act created the new crime of "domestic terrorism". The act allows detention and removal of noncitizens suspected of terrorist activities.

mala in se (latin term)

expressed as a social function of criminal law by criminologist; a descriptive term for acts that are inherently wrong, even if there were no law prohibiting it. Crimes that are said to go against "natural laws" --that is, against, the "natural, moral, and public" principles of a society. Murder, rape, and theft are are ex. and are generally the same from country to country or culture to culture.

mala prohibita (latin term)

expressed as a social function of criminal law by criminologist; a descriptive term for acts that are made illegal by criminal statue and are not necessarily wrong in and of themselves. Refers to acts that are only criminal because they are declared so by the law and codified; considered wrong only because it is prohibited. Bigamy, or the offense of have two legal spouses, could fall under this term.

area of concern (civil law)

rights and duties between individuals

procedural criminal law

rules that define the manner in which the rights and duties of individuals may be enforced.