criminal justice midterm

actus reus

guilty act

mens rea

guilty mind/ intent

substantive law

Body of law that governs the rights and duties of individuals and entities. It defines what constitutes a crime and the penalties for such offenses.

mala in se

wrong everywhere and inherently immoral acts; these actions are considered criminal regardless of laws or societal standards.

mala prohibita

wrong certain states

acquittal

found not guilty

4th Amendment

Protects against unreasonable searches and seizures; requires warrants based on probable cause.

fruit of the poison tree

illegal evidence from invalid search

5th Amendment

Protects against self-incrimination and guarantees due process of law.

miranda v Arizona

Rights to remain silent and attorney

Doctrine of Fundamental Fairness

Legal process must be fair

6th amendment

Guarantees the right to a fair trial, including the rights to counsel, a speedy trial, and an impartial jury.

8th amendment

no excessive bail or cruel/ unusual punishment

cash bail

pay full amount, refunding if show up

bail

money to get out of jail before trial. 10-40k , 10-15% of bail amount

beyond reasonable doubt

The standard of proof required in criminal trials, meaning there is no reasonable uncertainty about the defendant's guilt.

goals of criminal justice

retribution, incapacitation, and deterrence

deterrence

harsh punishment influences community

Hedonistic calculus

Punishment outweighs pleasure - Beccaria

Atavism

born with criminal traits- Lamboroso

strain theory

pleasure = crime

August Vollmer

Father of Modern policing

broken windows theory

Idea arresting for littering/ graffiti, etc to reduce issue which reduces overall crime

60’s policing

made civil unrest over race, rights, and vietnam, growing crime rate and educated officers needed

70’s policing

new problem oriented prevention approach, focus on underlying problems that cause crime

80’s policing

Priority is fighting crime, crake cocaine epidemic, war on drugs continue, and economic downturn

PEPPAS

protect life and property, enforce law, prevent crime ,preserve peace, arrest violations, serve public