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Criminal Justice Exam 1 Review
Entrapment
Officers cannot force someone into a crime they wouldn’t have done otherwise
Dual Sovereignty
State & federal governments are distinct entities; separate violations do NOT violate the 5th amendment (civil vs federal law)
Felony Murder Doctrine
Accomplices can be held liable even if they were in the unknown
Miranda Rights
Only have to be read before interrogation
Cultural Universals
Issues cultures must address
Laws, religion, schools, family, etc.
Criminal Justice System
Institution of social control
Focus on behaviors defined as “criminal”
Society’s “last line of defense”
“The System”
Loose confederation
50,000+ agencies, federal, state, & local
Systems View
Based of consensus
Non-systems View
Based on conflit & competition
Criminal justice is multiple independent systems
Municipial, state, & federal courts
Different goals, objectives & jurisdictions
Defining Crime
Law is a variable standard
Laws change over time & space
Street Crime
Murder, rape, robbery, assault, theft, etc.
High risk; Low reward
Typically male perpetrated & victimization
Not a legal category; encompasses other crimes
Property Crime
Larceny, theft, burglary, auto-theft, vandalism, etc.
More common than violent crime
Reflects humanity’s focus on life over property
Violent Crime
Assault (most common form, murder, rape, etc.
More serious than property crime
Typically male offenders by A LOT (77%)
Males are mostly victims by a bit (51%)
We victimize the groups we socialize with the most
Hate Crime
More recent
Not a specific offense; underlying prejudice
Massive increase in recent times
Victimless Crime
Prostitution, drug use, gambling, public intoxication, etc.
Argued title (always a victim)
White Collar Crime
Bribery, fraud, insider trading, embezzlement, price fixing, etc.
Low risk; High reward
Cybercrime
Denial of service attacks, ransomeware, child pornography, fraud & scams, cyberbullying, identity theft, phishing, etc.
Technology & the internet
Discretion
The choice between several options
Officers can give a warning or a ticket, even if going the same speed
Human Rights
Contains variety across cultures
Typically contains a right to life, liberty, and the prusuit of happiness AKA Declaration of Independence
Goals of Criminal Justice
Enforcing the law
Protecting rights of citizens
Models of Criminal Justice
Due Process
Crime Control
Hate Crime Statistics
Majority is race/ethnicity/ancestry in 2020
Adds to sentencing
Zombie-fires
Zombie-fires
Issues that seem to disappear but can flare back up
Forms of Homicide
Excusable
Justifiable
Criminal
Relationship
Justifiable Homicide
Includes citizen & police
Criminal Homicide
Includes
Manslaughter
Voluntary
Involuntary
Murder
Felony
1st & 2nd degree
Relationship Homicide
People related to each other are more likely to commit homicide
Norms
Folkways
Mores
Taboos
Laws
Folkways
Conventions of customs
Mores
Norms of morality
Taboos
Certain behaviors that are absolutely forbidden
Laws
Formal body of rules
Criminal Law
Penal code
Violators of society rules are prosecuted & tried according to law
Fundamental principle
Nullum Crimen, Nulla Poena, Sine LEge
No crime & no punishment except as prescribed by law
Categorizing Law
Substantive Law
Procedural Law
Mala in se vs. Mala prohibita
Felony vs. Misdemeanors
Criminal vs. Civil
Substantive Law
Answers “What is illegal?”
Procedural Law
Answers “How is the law enforced?”