Into to Criminal Justice exam 1

chapter 1-4

Consensus Perspective

acknowledges that even though there are differences among people they have similar morals

Conflict Perspective

people in power use the law to stay in power and keep others out of power and peoples morals are constantly changed

couts, corrections, policing

Components of the Criminal Justice system

Maintain justice and protect society

the purpose of the criminal justice system

federalism

a form of government in which powers are shared by the national government and the states

formal criminal justice process

a serious of routined operations with the end goal of getting the criminal defendant from point A (arrest by law enforcement) to point B (the criminal trial) to point C (if guilty, the punishment)

violent crime

murder, sexual assault, assault and battery, robbery, capital crime

gun violence and mass shooting

guns used in murders, robberies, aggravated assault, and other attacks

property crime

larceny, vandalism, arson, burglary

public order crimes

public drunkenness, prostitution, public indecency, public disturbance, disorderly conduct

cyber crime

crime that takes place on the internet

white collar crime

illegal nonviolent act committed by an individual or business to obtain an advantage

correlation

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

causation

relationship between two measurements in which the change in one measurement alters another measurement

theory

explanation of a circumstance based on observations, experimentation, and reasoning

hypothesis

possible explanation for what you think will happen (have to test to prove)

classical criminology

criminal behavior is the result of a rational decision, benefits and costs of offending are considered, swift and harsh punishment dissuades criminal activity

positive criminology

criminal behavior is determined by biological, psychology, and social forces (upbringing, peers)

genetics and crime

branch of biology that deals with traits that are passed from one generation to another, research indicates correlation between parent and offspring criminality

Freud’s Theory

most our thoughts, wishes, urges originate in the unconscious region of the mind, and we have no control or even awareness of the process

Freud’s theory

on an unconscious level all humans have criminal tendencies and that each of us is continually struggling against these tendencies

poverty and rises in unemployment

neighborhood factors

strain theory

the desire to escape the inner city or high crime areas, but some people don’t have the education or training necessary for financial success which leads to frustration or anger

social process theories

learning, control, and labeling theories

learning theory

criminal activity is a learned behavior and a criminal is taught the practical and psychological aspects of crime through family, friends, or movies and video games

control theory

although we all have the potential to commit crimes most of us are dissuaded from doing so because of the opinions of others, that is people in high crime areas are more likely to commit a crime

labeling theory

focuses on perceptions of criminal behavior rather than the behavior itself, talks about how being labeled a criminal, whore, junkie, or thief could affect your future actions

Civil Law

dispute between two parties, plaintiff tries to prove a wrong was committed, no criminal proceeding, defendant is accused of wrongdoing

criminal law

crime committed against the victim/ state, prosecutor takes place of victim, defendant accused of committing the crime

burden of proof

requirement to find liability

preponderance of the evidence

jury is 51% sure their guilty, used in civil law

beyond a reasonable doubt

jury is 95% sure the criminal is guilty, used in criminal law

Mala in se

acts that are inherently wrong, regardless of legal prohibition

Mala prohibida

acts that are illegal by criminal statute, not illegal or considered wrong everywhere

UCR, Uniform Crime Reports

an attempt to measure to the overall crime in the United States

NIBRS, National Incident-Based Reporting System

designed to precisely identify when and where a crime takes place, the form of crime, and the characteristics of the offender and victim, and the FBI’s primary crime measuring tool

NCVS, national crime victimization survey

used to measure reported and unreported crime

CVRA, crime victims report act of 2004

gives victims the right to participate In the system the right to be informed, present, and heard

Routine Activities Theory

looks at crime from an offender's point of view. A crime will only be committed if a likely offender thinks that a target is suitable and a capable guardian is absent. It is the offender's assessment of a situation that determines whether a crime will take place.

they are decreasing

crime trends

precedent

higher court decisions that lower courts use to assist in determining how to proceed in similar cases

rule of law

principle that the rules of a legal system apply equally to all persons, institutions, and entities that make a society

Constitutional law

law expressed in the US constitution and the various state constitutions

Statutory law

laws ordinances created by legislature

supremacy clause

what state law says goes but the federal is the law is overall

ballot initiatives

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

Stare decisis

legal doctrine where judges are obligated to follow presidents

The purposes of criminal law

protect and punish and maintain and teach

protect and punish

laws should maintain social order by protecting citizens from harm

maintain and teach

laws should reflect the values and norms of society, or those segments of society that hold power, citizens learn lessons from punishment and making certain acts unacceptable in society

CORPUS DELICTI

body of the crime, proof that a specific crime has been committed

ACTUS REUS

a guilty act that was committed voluntarily, omission can be a crime

mens rea

mental state or intent, different levels of intent - knowingly, negligence, recklessness

concurrence

guilty act and intent must occur together

causation

behavior must cause harm

attendant circumstances

facts surrounding a criminal event must be proved to convict the defendant

Infancy

person is below the legal age of majority, not legally an adult

Insanity

defense for criminal legality that asserts mental instability

mistake

law not reasonably known to public, mistakenly commit crime, misunderstanding facts

duress

unlawful pressure that undresses one to perform a legal act

justifiable use of force

self defense, force reasonably necessary to protect themselves, duty to retract

necessity

defendant asserts that circumstances required the commission of a legal act

entrapment

defendant claims they were induced by the police to commit a crime that they would otherwise not have committed

substantive crime law

law that defines crimes and punishments

procedural criminal law

law that governs procedures for investigation and prosecuting crime

fourth amendment

unreasonable search and seizure, search warrants

fifth amendment

due process of law, double jeopardy, self-incrimination

sixth amendment

speedy trial, public trial, right to a lawyer

eighth amendment

excessive bail and fines, cruel and unusual punishment

due process clause

fourteenth amendment, shall not deprive of life, liberty, or property without due process of law

procedural due process

laws must be carried out in a fair and orderly manner

substantive due process

laws must be fair and reasonable in content and must further a legitimate government objective