Criminal Justice 103 UWEC Final Study Guide

Actus Rea

Criminal act; you have to do something or fail something you were supposed to do

Affidavit

signed thing of fact that a police officer signs; lying on it would be perjury

Arraignment

First court appearance, judge reads indictment; hear charges, offer a plea (guilty, not guilty, no contest)

Bail

a sum of money or property as assurance/a promise to appear in subsequent hearings; you get arrested, judge sets bail, if you show up you get it back no matter if you’re guilty or not

Booking

picture, prints, gather your information (bail, let go, put in jail)

Classical School of Criminology

crime is a choice, criminal behavior is a choice, we have free will, weigh the costs and benefits of engaging in crime
Policy is concerned with increasing the costs and decreasing the benefits
The punishment fits the crime

Clearance Rate

number of crimes the police know about compared to the number of crimes they’ve solved due to an arrest or something
Bank robbery highest clearance rate (~80%)

Community Policing

community based crime prevention; cops can’t be everywhere at once so there needs to be help from the community

Courtroom Workgroup

represents the main players of a trial
prosecutor, defense council, judge

The dark figure of crime

the percent of crime committed unknown to police

Defense Attorney

Ensure those that are accused of a crime have their rights upheld
Help secure pretrial release; negotiate the best charges possible
Defend and attempt to prevent conviction
Sometimes conduct the appeal

Deterrence

punishment based on what the person did, but focused on the future
Stop the person or people that may commit the acts in the future

Discretion

when an individual within the system uses their judgment to handle a situation in a way that might be different from whats specified in the law
Potential for bias

Exclusionary rule

evidence illegally obtained can’t be used in trial

(2 exceptions: good faith and inevitable discovery)

Felony

more serious offenses; over a year in prison
WI: crime punsihable by imprisonment in state prison
WI has 9 classes of felonies

Furlough

allows an inmate to leave the prison for a few days, then come back

Indictment

formally charged with a crime, prosecutor moving forward with a case and presses charges

Jury

typically 12 members for a criminal trial - 6 for a civil trial
determines whether the accused is guilty or not on the basis of the evidence presented
represents diverse community interests

Mala in se

wrong in itself/inherently wrong
Behaviors everyone will agree are wrong

Mala prohibita

wrong because its prohibited
Illegal because it is

Mens rea

guilty mind
the intention

Misdemeanor

jail, not prison; less than a year
3 classes of them in WI

Pardon

only the president or state governor
President - federal; Governor - state
Clemency

Parole

after a period of incarceration
certain conditions of release

Peremptory challenge

either side can request that a particular prospective juror be remove without reason

Plain view doctrine

officers are allowed to seize illegal contraband if they are legally allowed to be there

Plea bargaining

90% of felony cases plead guilty
More prompt, speeds up the process; reduces pretrial detention time

Positivist School of Criminology

crime is not the result of free will, it’s beyond the control of the individual
criminals must be treated
treatment must be individualized

Probation

Instead of incarceration
only a judge can order it

Prosecutor

has to prove to a judge that you did something
decides to press charges and charge you with a crime
moves forward with a case

Rehabilitation

we punish them to try to fix them
address underlying causes of misbehavior

Restitution

can be a sum of money
paid to the victim

Retribution

people deserve to be punished
focused on past behavior and what they did

Status offense

only prohibited for certain people
Juvenile who violates the law but their behaviors illegal only because of their status as a juvenile

Strict Liability

certain behaviors you don’t have to prove intent
Exception to mens rea

Technical Violation

violation of your conditions of release that isn’t a new crime
Like losing your job, hanging out with the wrong person, etc

UCR

Uniform Crime Reports
offences known to police - reported started in 1930

Victimology

focuses on victims
Who was victimized? Why them?

Voir Dire

to speak the truth
Process of questioning prospective jurors

Warrant

court order that enables police to search or arrest someone
Need: Probable Cause, Evidence, Affidavit, Place where it could be, what you’re trying top seize

Miranda v Arizona

1966
cause that requires officers to inform you of your rights prior to custodial interrogation

Tennessee v Garner

1985
Reasonable force due to situation
Correctional officers not required to abide by it

Terry v Ohio

Terry Frisk
Officers are allowed to pat down suspects if they have reasonable suspicion that criminal behavior is afoot

Fourth Amendment

Search and seizure

Fifth Amendment

protects against self incrimination
due process required

Sixth Amendment

right to assistance of counsel
Lawyer, speedy and piblic trial

Eighth Amentment

protects against excessive bail, fines
cruel and unusual punishment