Criminal Justice Final Exam

Occupational Crime

Crimes committed in the context of a legal business or profession. Termed “White Collar Crime.”

Price Fixing

An agreement between participants on the same side in a market to buy or sell a product, service, or a commodity only at a fixed price or maintain the market so that the price does not change.

Organized Crime

Is the framework for the perpetuation of criminal acts, usually in fields such as gambling, drugs, and prostitution.

Victimless Crimes

Willing and private exchange of goods and service: Gambling, position, and drug use

Hate Crime

Violent acts aimed at individuals or groups of a particular race, gender, ethnicity, religion, or sexual orientation.

Mala In Se

Crimes are considered wrong in themselves. Examples: Rape, Assault, Murder

Mala Prohibita

Crimes that are prohibited by the government and not because they are wrong in themselves. Examples: Gambling, Prostitution

Visible Crime

Refers to offenses giants persons and property committed primarily by members of the lower class. Example: Robbery and possibly killing one or gang member murders

Dark Figure of Crime

Metaphor that emphasizes this dangerous dimension of crime because the crime was never reported to the police.

Substantive Law

Law defining acts that are subject to punishment, and specifying the punishments for such offenses

Procedural Law

Defining the procedures that criminal justice officials must follow in enforcement, adjudication, and correction

Administrative Regulations

Legally binding rules created by executive branch agencies to implement, interpret, or enforce statues passed by legislatures.

Criminal Law

Crime is a public offense, and sanctions can range from incarceration to death, and fines go to the state.

Civil Law

Regulates relations between individuals, sanction is monetary damage, and the individual brings the action to the court.

Concurrence

The principle requiring that a criminal intent and act must occur simultaneously to constitute a crime.

Mens Rea

Guilty state of mind, with a blameworthy frame of mind

Strict Liability

Legal doctrine holding parties responsible for damages or injuries regardless of intent, fault, or negligence.

Actus Reus

A person must perform either an act of commission or omission, human conduct.

Element of a Crime

For an act to be a crime, actus reus, mens rea, and attendant circumstances must be present.

Murder

The unlawful killing of a human being with “Malice aforethought.”

Manslaughter

The crime of killing a human being without malice aforethought.

Malice Aforethought

The intention to kill or harm, which is held to distinguish unlawful killing from murder.

Necessity

To save themselves or present some greater harm

Entrapment

Police induced the individual to commit the act

Insanity

Determine if a person’s state of mental balance negates criminal responsibility

Amendment 4

The government cannot walk into your house to search you or your house without a warrant, if a warrant is issues, there has to be probable cause to be established.

Amendment 6

Whoever is accused of committing a crime shall be enjoined by the right to a speedy and public trial. Guarantees due process, substantive and procedural law.

Amendment 8

Prohibits the federal government from imposing excessive bail, fines, and cruel and unusual punishments.

Amendment 5

Provided crucial protections for individuals accused of crimes, no jury indictment, double jeopardy, or self incrimination.

Arrests

All arrests must be supported by probable cause, existing evidence to support the reasonable conclusion that a person had committed a crime.

Stop

Brief interference with a person’s freedoms and must be justified by reasonable suspicion.

Plain View Doctrine

The right to search and seize what officers can discover by the use of their own ordinary senses.

Senses that justify a warrantless search

Smell, seeing, hearing, touching, and tasting.

Public Safety Exception

The underlying premise is that some urgent situation of significant social importance outweighs the necessity of respecting an individual’s rights.

Systematic Stop

DUI sobriety checkpoint or roadblock, which is a legal exception to the standard requirement for probable cause.

Terry v. Ohio (1968) Stop and Frisk

Brief, warrantless search and limited pat down of an individuals outer clothing for weapons.

Searches Incident to Lawful Arrest

Established exception to the 4th amendment warrant requirement, allowing law enforcement to conduct a warrantless search of an arrest person and their immediate “Wingspan” area.

Miranda v. Arizona (1966)

You have the right to remain silent, if you decide to make a statement, it can and will be used against you in the court of law, you have the right to an attorney present during interrogation or to have an opportunity to consult with an attorney, if you cannot the state will provide one.

Public Safety Inspection to Miranda

The underlying premise is that some urgent situation of significant social importance outweighs the necessity of respecting an individuals rights, a warrant is not required.

Gideon v. Wainwright (1963)

A person must be provided a state attorney in criminal law if they cannot afford it.

Teenagers and their most serious problems

Violent offenses

Primary concern of juvenile justice system

The rehabilitation and treatment of young offenders rather than punishment

Due Process Rights of Juveniles

Juveniles have not always retained due process rights in America. They only have some due process rights, no jury or bail.

Upper Age Limit Juvenile Court

16-18

Youngest age of juvenile tried in adult court

10-13

New Jersey v. T.L.O.

Can search students and lockers

Petition

Formal, written application submitted to a court requesting specific judicial actions, relief, or a change in a pending criminal case.

Status Offenses

Not criminal if done by adult, smoking cigarettes, truancy

Age of children not criminally responsible

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