Introduction to Criminal Justice Test 1

Crime

Act that violates criminal law and is punishable by criminal sanctions

The consensus and conflict model

Society decides which acts are criminal based on...

Consensus model

A model in which the majority of citizens in a society share the same values and beliefs. Assumes that a diverse group of people can have similar morals.

Conflict model

A model in which the content of criminal law i determined by groups that hold economic, political, and social power in a community.

Deviance

Behavior that is considered to go against norms established by society. These acts become crimes only when society as a whole, through its legislatures, determines that those acts should be punished.

Violent Crime

Murder, Sexual assault, assault, battery, robbery

Battery

Act of physically contacting a person with the intent to cause harm

Property Crime

Larceny, Burglary, motor vehicle theft, arson

Larceny

Act of taking property from another person without the use of force

Burglary

Breaking into or entering a structure without permission for the purpose of committing felony

Arson

Willful and malicious burning of a home, automobile, commercial building, or any other construction

Public order crime

Behavior that is labeled as criminal because it is contrary to shared social values, customs, and norms. Includes public drunkenness, prostitution, gambling, and illicit drug use

White-collar crime

Nonviolent crime committed by business entities or individuals to gain a personal or business advantage

Organized crime

Acts by illegal organizations. Illicit markets preferred for organized crime operations include gambling, prostitution, illegal narcotics, loan sharking, counterfeiting, and credit scams.

cyber crime

dependence of business on computer operations has left corporation vulnerable to sabotage, fraud, and embezzlement

Criminal justice system

Interlocking network or law enforcement agencies, courts, and corrections institutions designed to enforce criminal laws and protect society from criminal behavior

Goals of Criminal justice system

• Maintain justice• Protect society from potential futurecrimes of the most dangerous or riskyoffenders• Determine when an offense has beencommitted and provide the appropriatepunishment• Rehabilitate the punished offenders andsupport crime victims

Federalism

Form of government in which a written constitution provides for a division of powers between a central government and several regional governments• The Constitution gave the national government certain express powers All other powers were left to the states, including police power Allows the states to enact any law necessary to protect the health, morals, safety, and welfare of their citizens

Levels of Law enforcement

Local, State, and federal

Local

• Duties of law-enforcement agencies are split between counties and municipalities• County sheriff Chief law enforcement officer of a county• In areas where city and county government shave merged, there is a county police force, headed by a chief of police• Responsibilities include investigating, patrolling, apprehending criminals, attending trial proceedings, and maintaining peace

State

• Types of state law-enforcement agencies State police and highway patrols• Other state law enforcers Fire marshals State fish, game, and watercraft wardens Alcoholic beverage control officers Agents who investigate welfare and food stamp fraud

Federal

• Every federal agency has some kind of police power• Agencies The Department of Homeland Security The Federal Bureau of Investigation The Drug Enforcement Administration The U.S. Secret Service The Bureau of Alcohol, Tobacco, Firearms, and Explosives

Courts

The United States has a dual court system• One federal court system• Fifty different state court systems, plus that of the District of Columbia• Criminal court and its work group are responsible for determining the innocence or guilt of criminal suspects

Corrections systems

Probation, incarceration, and community-based corrections

Criminal Justice Process

1. entry into the system

2. prosecution and pre-trial services

3. adjudication

4. sentencing and sanctions

5. corrections

Ethics

Moral principles that govern a person's perception of right and wrong. Standards are usually not written into criminal statues. Decisions will be intuitive in some cases. Critical thinking is needed for this response.

Crime control model

Places primary emphasis on the right of society to be protected from crime and violent criminals. System must be quick and efficient

Due process model

Places primacy on the right of the individual to be protected from the power of the government. Relies on the courts to make it more difficult to prove guilt

Homeland security

Concerted national effort to prevent terrorist attacks within the United States and reduce the country's vulnerability to terrorism. Counterterrorism efforts now focus primarily on domestic terrorism

Domestic terrorism

acts of terrorism that take place on U.S. soil without direct foreign involvement. Does not refer only to extremist acts by radical Muslims in the United States

Civil liberties

The basic rights and freedoms for American citizens guaranteed by the U.S. Constitution, particularly in the Bill of Rights

justice reinvestment

A corrections policy that promotes reduction in spending on prisons and jails and reinvestment of the resulting savings in programs that decrease crime and reduce reoffending

Criminology

scientific study of crime and the causes of criminal behavior

correlation

relationship between two variables that tend to move in the same direction

causation

relationship in which a change in one variable creates recognizable change in another

theory

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

hypothesis

possible explanation for an observed occurrence that can be tested by further investigation

rational choice theory

holds that wrongdoers act as if they weigh possible benefits of criminal or delinquent activity against costs of being apprehended

trait theories

suggests that certain biological or psychological traits in individuals could incline them toward criminal behavior, given a certain set of circumstances

genetics

Helps in determining criminality. Neurocriminology is the study of the influence of genetics and brain activity on criminal behavior. Criminal activity in males has been linked to elevated levels of hormones. female violent behavior is believed to stem from hormones. Violent crime has been linked to schizophrenia

Psychological theories of crime

assume that individuals have traits that make them more or less predisposed to criminal activity

social psychology

focuses on human behavior in the context of how human beings relate to and influence one another

social disorganization theory

assumes that deviant behavior is more likely in communities where social institutions fail to exert control over the population. Stages are poverty, social disorganization, and breakdown of social controls.

Factors that lead to crime in neighborhoods

High levels of high school dropouts, chronic unemployment, deteriorating buildings and other infrastructures, and concentrations of single-parent families

Strain theory

holds that crime is the result of frustration felt by individuals who cannot reach their financial and personal goals through legitimate means. Has its roots in the concept of anomie.

Anomie

Condition in which the individual feels a disconnect from society die to breakdown or absence of social norms

social conflict theories

view criminal behaviors as the results of class conflict

social process theories

consider criminal behavior to be the predictable result of a person's interaction with his or her environment

learning theory

delinquents and criminals must be taught practical and emotional skills necessary to participate in illegal activity

control theory

assumes that all individuals have the potential for criminal behavior but are restrained by the consequences of such actions on relationships

life course criminology

based on the belief that behavioral patterns developed in childhood can predict delinquent and criminal behavior later in life

self-control theory

Criminal behavior is linked to low self-control. Individuals with low self-control are impulsive, thrill-seeking, and likely to solve problems with violence rather than intellect

First-time drug users become habitual users because they learn

The techniques of drug use, to perceive the pleasurable effects of drug use, and to enjoy the social experience of drug use

drug abuse

use of any drug, licit, or illicit, that causes either psychological or bodily harm to the abuser or to third parties

drug-defined offenses

violation of laws that prohibit possession, use, distribution, or manufacture of illegal drugs. Crimes motivated by drug abuse

drug-using lifestyle

experienced by drug abusers who do not participate in the legitimate economy. rely on crime for the means of survival

Medical model of addiction

Treats drug abuse as a mental illness. Focuses on treating and rehabilitating offenders rather than punishing them. Advocated theory of addiction

Criminal model of addiction

Holds that illegal drug abusers and addicts endanger society with their behavior. Should be punished the same as persons who commit non-drug-related crimes

Nationwide legalization of marijuana would

Put the black market for marijuana out of business. Remove the stigma of recreational marijuana use. Save the criminal justice system costs associated with marijuana arrests

Uniform Crime Reports

• Set of annual reports compiled by the FBI to give an indication of criminal activity in the United States• Information is based on the following measurements:• Number of persons arrested• Number of crimes reported by victims, witnesses, or the police themselves• Police employee data. Information is sent to the FBI, which publishes the crime data in the following ways:• As a rate per 100,000 people• As a percentage change from the previous year or other time periods

Part 1 offenses

Murder, rape, robbery, aggravated assault, burglary, larceny or theft, arson, and motor vehicle theft

Part 2 offenses

Drug abuse violations, simple assaults, driving under the influence, and disorderly conduct

National Incident-Based reporting system

Local agencies collect data on every crime occurrence within twenty-three offense categories made up of forty-nine specific crimes called group A offenses• Data are recorded on computerized record systems provided by the federal government

Victim surveys

Provide a better understanding of the dark figure of crime, or the actual amount of crime that takes place

Self-reposted surveys

Rely on offenders to reveal and detail their own criminal or delinquent behavior

Legal rights of crime victims

right to be informed, right to be present, right to be heard

Routine Activities theory

Requirements for a criminal act. Offenders attach "values" to suitable targets

Repeat victimization

Theory that certain people and places are more likely to be subject to repeated criminal activity

Crime, race, and poverty

• Strong correlation exists between minority status and crime• Neighborhoods with higher levels of disadvantage have uniformly higher violent crime rates• Income levels and lack of education correlate with criminal behavior

Women and crime

Female presence in the criminal justice system has been increasing. Women face greater risk of domestic violence and stalking.

Constitutional law

based on the United States Constitution and the various state constitutions

Statutory law

Enacted by legislative bodies

Supremacy clause

Establishes that federal law is the supreme law of the hand

ballot initiative

citizens of a state, by collecting enough signatures, can force a public vote on a proposed change to state law

administrative law

created by administrative agencies

case law

rules of law announced in court decisions

precedent

court decision that furnishes an example of authority for deciding subsequent cases involving similar facts

stare decisis

legal doctrine under which judges are obligated to follow the precedents established in prior decisions

functions of the law

Maintain social order by protecting citizens from criminal harm and maintain and promote social values of a society

Felony

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

misdemeanor

criminal offense that is not a felony and is punishable by a fine and/or a jail term of less than one year

infraction

noncriminal offense for which the penalty is a fine rather than incarceration

mala in se

descriptive terms for acts that are inherently wrong, regardless of whether they are prohibited by law

mala prohibita

descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves

corpus delicti

body of circumstances that must exist for a criminal act to have occurred

Actus Reus

Act of commission

mens rea

mental state, or intent

first degree muder

is punishable by life in prison or the death penalty

second degree murder

is punishable by fifteen to twenty-five years in prison

voluntary manslaughter

homicide in which the intent to kill was present

involuntary manslaughter

homicide in which there was no intent to kill

strict liability crimes

defendant is guilty regardless of the state of mind at the time of the act

statutory rape

an adult engages in a sexual act with a minor

felony-murder

unlawful homicide that occurs during the attempted commission of a felony

elements of a crime

concurrence means guilty act and guilty intent must occur together

causation

law requires that the criminal act cause the harm suffered