Criminal Justice

What does the FBI Uniform Crime Report (UCR) compile?

Crime statistics from all 50 states, categorizing information each year.

What is the Hierarchy Rule in the FBI UCR?

The FBI reports only the most serious crime when multiple offenses occur.

What type of crime does the FBI UCR not account for?

White collar crime.

What is the National Crime Victimization Report (NCVS)?

A voluntary report based on victims' accounts, which may not be reliable.

What are some issues with the NCVS?

Victims may change their stories, exaggerate, embellish, or lie.

What organization was founded by Peter Neufeld and Barry Scheck?

The Innocence Project.

What is the purpose of the Innocence Project?

To exonerate individuals who have been wrongfully convicted.

What are the six factors that contribute to wrongful convictions?

Informants, inadequate defense, eyewitness testimony, forensics, government misconduct, false confessions.

Who is considered the Principal in a crime?

The person who actually commits the crime.

What is an Accessory Before the Fact?

Someone who helps carry out a crime, knowingly or unknowingly, such as a driver or someone who buys a weapon.

What does an Accessory After the Fact do?

Hides evidence or assists the suspect after the crime, like driving them away or providing money.

What is an Accomplice?

Someone present at the crime who actively helps commit it.

What is Culpability in legal terms?

Responsibility in the eyes of the law.

What does Intent mean in the context of crime?

The individual meant to carry out the action.

What does Knowing refer to in criminal law?

The individual has knowledge of the action and still proceeds.

What is Reckless behavior?

A reasonable person would understand that the action may cause injury or death.

What is Negligence?

A reasonable person knows that an action could cause harm, such as leaving a child in a hot car.

What is Homicide?

The unnatural death of someone.

What are the three categories of Homicide?

Justifiable, Excusable, and Criminal.

What distinguishes Murder from Manslaughter?

Murder is intentional killing, while Manslaughter is unintentional killing through reckless or negligent actions.

What does Penal Law refer to in criminal justice?

The system of laws that defines crimes and punishments.

What does the degree of a crime indicate?

The severity of the crime, with lower numbers indicating more severe offenses.

What is typically associated with a First Degree crime?

The presence of a weapon during the commission of the crime.

What is the maximum jail time for a violation?

Up to 15 days in jail.

What are the two levels of misdemeanors and their maximum jail time?

Misdemeanor A and B, punishable by up to 1 year in jail.

What is the most serious offense category and its potential penalties?

Felony, with five levels (E to A), punishable up to Life in prison.

What is the difference between concurrent and consecutive sentences?

Concurrent sentences allow serving multiple sentences at the same time, while consecutive sentences require serving each sentence separately.

What is the purpose of bail?

To ensure that a defendant shows up for court.

What is released on your own recognizance (ROR)?

A defendant goes home without paying bail and is expected to return to court.

What is preventive detention?

Denial of bail, keeping the defendant in jail until the court date.

What is the Bail Reform Law in New York as of January 2020?

Individuals charged with non-violent offenses are released without bail and must show up for court.

What is double jeopardy?

You cannot be tried for the same crime twice.

What is justification in legal defenses?

A defense that includes self-defense.

What is duress in legal defenses?

An individual is forced to commit a crime under extreme stress or threats.

What is entrapment?

When police trick a suspect into committing a crime.

What are some examples of automatic excuses in legal defenses?

Infancy, consent, and double jeopardy.

What are hate crimes?

Crimes where individuals or groups are attacked based on characteristics like race, religion, or sexual orientation.

What is the purpose of hate crime legislation?

To make punishments more severe for crimes motivated by bias.

What is a notable challenge in prosecuting hate crimes?

Proving intent at the time of the crime can be difficult.

What does the hate crimes legislation allow the federal government to do?

Intervene if a state does not have hate crime laws.

What is an example of a defense that involves mental state?

Intoxication or mental illness.

What are some unusual defenses mentioned in the notes?

Twinkie defense, affluenza, and sleepwalking.

What happens if a judge sentences a defendant consecutively for three charges of 1 year, 3 years, and 15 years?

The total time served would be 19 years.

What happens if a judge allows the sentences to run concurrently for the same charges?

The defendant would only serve the longest sentence, which is 15 years.

What is the primary purpose of the Juvenile Justice laws?

To rehabilitate juveniles who get in trouble at an early age.

What does PINS stand for in the context of juvenile justice?

Persons in need of supervision.

What is the function of a PINS petition?

It allows courts, schools, or families to intervene and monitor a juvenile's behavior.

What does ACOD stand for and what is its purpose?

Adjournment in Contemplation of Dismissal; it's a one-time offer for juveniles to avoid entering the system if they stay out of trouble for a specific time.

What happens if a juvenile who received an ACOD gets arrested again?

They would be charged with both the original and new charges.

What significant change did the 1978 New York Juvenile Crime Law introduce?

It allowed juveniles to be tried as adults under certain circumstances.

At what age can a juvenile be tried as an adult for murder?

At age 13.

What types of offenses allow a juvenile aged 14 to be tried as an adult?

Most violent felonies such as robbery, burglary, arson, and assault.

What is a status offender?

A juvenile whose actions are illegal but not illegal for adults, such as drinking or gambling.

What is a youthful offender?

A juvenile tried as an adult but sentenced as a juvenile.

What defines a juvenile delinquent?

A person whose actions are illegal regardless of age, such as robbery or murder.

What does 'In Loco Parentis' mean?

In place of the parent; teachers act as guardians in emergencies.

What is Parens Patriae?

The principle that courts intervene to help juveniles get on track.

Who was Willie Bosket and why is he significant?

He was the worst juvenile offender in New York, leading to changes in juvenile laws.

What is a recidivist?

A repeat offender.

What are the steps in the juvenile arrest process?

Intake, Adjudication (Trial), Transfer Hearing, Disposition (Sentencing).

What were some early punishments used before formal prison systems?

Flogging, branding, exile, mutilation, public humiliation, workhouses.

What is a penitentiary and when did it emerge?

A prison system from the 1790s focused on solitary confinement and religious repentance.

What characterized the mass prison system introduced in the 1820s?

Inmates were kept in the same room in total silence without solitary confinement.

What was the reform prison system of the 1870s known for?

Treating inmates with more respect and allowing time off sentences for good behavior.

What did the industrial prison system of the 1890s respond to?

The increase in urban areas and the rise in crime.

What was the primary focus of the punitive era in the 1930s regarding inmates?

To punish inmates using methods like solitary confinement and brutal treatment.

What significant change in inmate treatment occurred during the 1940s?

Inmates were used as experimental subjects in prison facilities.

What was the community-based approach introduced in the 1960s?

The Half Way House method, which helped inmates transition back into society by providing housing, jobs, and supervision.

What does the warehousing method from the 1980s entail?

Housing inmates without any rehabilitation programs or incentives due to overcrowding.

What is the 'Just Desserts' approach in the context of the prison system?

A modern approach focused on punishment, similar to the punitive era, with increased use of solitary confinement.

What are two of the top five leading causes of crime according to the FBI Uniform Crime Report?

(The student should provide specific causes as per their notes or research.)

How are Mens Rea and Actus Rea related to the causes of crime?

Mens Rea refers to the mental state of the offender, while Actus Rea refers to the actual act of committing the crime; both are essential in understanding criminal behavior.

What is the difference between a prison and a jail?

Prisons are long-term facilities for convicted felons, while jails are short-term facilities for those awaiting trial or serving minor sentences.

What are three historical time periods that influenced inmate treatment in the US?

Punitive (1930s), Treatment (1940s), Community-Based (1960s).

What types of rehabilitation are offered in prisons and jails?

(The student should provide specific rehabilitation types based on their notes or research.)

What are some alternatives to traditional penal systems?

(The student should provide specific alternatives based on their notes or research.)

What are the arguments for and against prison labor in society?

(The student should provide specific arguments based on their notes or research.)

Should solitary confinement be used as a punishment?

(The student should provide their opinion and reasoning based on their notes or research.)

What is the role of the United States Supreme Court?

To interpret the Constitution and adjudicate cases that have significant legal implications.

What qualifications are needed to become a United States Supreme Court Justice?

(The student should provide specific qualifications based on their notes or research.)

How does a case get to the United States Supreme Court?

Through a writ of certiorari, where the Court decides to hear an appeal from a lower court.

What jurisdiction does the United States Supreme Court have?

It has both original and appellate jurisdiction, primarily hearing cases on appeal.

What precedent-setting case was overturned by the Supreme Court in 1973?

Roe v. Wade, which allowed states to enact laws regarding abortion.

What are the different types of evidence in legal cases?

Direct evidence, indirect evidence, and inadmissible evidence.

What is the exclusionary rule?

A legal principle that excludes evidence obtained in violation of a defendant's constitutional rights.

What are common factors leading to wrongful convictions?

False confessions, eyewitness misidentification, government misconduct, improper forensics, inadequate defense, and informants.

What is the Innocence Project?

An organization that works on cases of individuals who have been wrongfully convicted and lack legal representation.