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