Criminal Justice, Major Field Test (MFT) (CJ 4499) *Master List*

Lex Talionis

law of retaliation

Hearsay evidence

An oral or written statement made by an out-of-court declarant that is later offered in court by a witness (not the declarant) concerning a matter before the court.

Mala in Se Crimes

A descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law. Are acts that are regarded as wrong in themselves like murder and rape.

Mala Prohibita Crimes

A descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselve​s. Acts that are considered wrong only because there is a law against them like marijuana possession and underage drinking.

felony

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

Misdemeanor

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

mens rea

Mental state or intent.

Actus Reus

An act in violation of the law. Also, a guilty act, and includes both an action taken by an individual or a failure of an individual to act. ***A guilty (prohibited) act.

Corpus Delicti

The body of circumstances that must exist for a criminal act to have occurred. The facts that show that a crime has occurred. "the body of the crime"

First Amendment

Freedom of Speech. Congress shall make no law respecting an est of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press.

Second Amendment

Right to bear arms. A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infinged.

Fourth Amendment

Search and Seizure. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but upon particularly describing the place to be searched and the persons or things to be seized.

Fifth Amendment

due process/double jeopardy/self-incrimination (Miranda). Protects against self-incrimination.

Four factors:

Compulsion- if a person is forced to or intimidated into answering questions

Noncriminal application- fifth amendment protects only in criminal situations (trails, grand jury, future legal actions). If a compelled statement is not later used in a criminal proceeding, the defendant cannot litigate for violations of rights

Witness- protection only apply to those things a person may communicate-testimony.

witness against self-protects only the person who makes the incriminating comments- not used to protect privacy or another who has committed a crime.

Sixth Amendment

requirements for criminal trials/Jury Trials/Right to an attorney. Shall enjoy the right to a speedy and public trail, by an impartial jury. The right to a jury trail, a public trial, a speedy trail, to confront witnesses, to compulsory process to obtain witnesses, to assistance of an attorney in all felony cases, to assistance of an attorney in misdemeanor cases.

Eight Amendment

right to bail / cruel and unusual punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

Miranda Rights

The constitutional rights of accused persons taken into custody by law enforcement officials.

Fourteenth Amendment

Due Process and equal protection. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US, nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the law ...

Uniform Crime Report (UCR)

An annual report compiled by the FBI to give an indication of criminal activity in the United States.

Self-Reported Survey

A method of gathering crime data that relies on participants to reveal and detail their own criminal or delinquent behavior.

Crime Control Model

A Criminal Justice model that places primary emphasis on the right of society to be protected from crime and violent criminals

Police Subculture

The values and perceptions that are shared by law enforcement agents.

Bill of Rights

The first ten amendments to the U.S. Constitution

Shock Incarceration

A short period of incarceration that is designed to deter further criminal activity by "shocking" the offender with the hardships of imprisonment. A sentencing option that makes use of "boot camp" - type prisons to impress on convicted offenders the realities of prison life

Intensive Supervision Probation (ISP)

A form of probation in which the offender is placed under stricter and more frequent surveillance and control than in conventional probation.

Probation

A sentence of imprisonment that is suspended and conditional freedom is granted to the defendant as long as the person meets certain conditions of behavior. A criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned as long as she or he follows certain conditions set by the court.

Parole

The conditional release of an inmate before his or her sentence has expired. The status of an offender conditionally released from prison by discretion of a paroling authority prior to the expiration of sentence

Release on Recognizance Bond (ROR)

The release of a defendant into their own care or care of another without posting bond. A judge's order that releases an accused from jail with the understanding that he or she will return for further proceedings of his or her own will.

Home Confinement / Incarceration

A community-based sanction in which offenders serve their terms of incarceration in their homes.

Electronic Monitoring

A technique of probation supervision in which the offender's whereabouts are kept under surveillance by an electronic device.

Pretrial detention vs. pretrial release

Pretrial detention- if a defendant is charged with a very serious crime, bail can be denied and defendant stays in jail until the conclusion of the trial

Pretrial release- the release of an accused person from custody, for all or part of the time before or during prosecution, upon his or her promise to appear in court when required.

Determinate Sentencing

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials.

Indeterminate Sentencing

An indeterminate term of incarceration in which a judge determines the minimum and maximum terms of imprisonment. A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences- typically contain a min and a max term of incarceration.

Sentencing Guidelines

Legislatively determined guidelines that judges are required to follow

Retribution

The philosophy that those who commit criminal acts should be punished based on the severity of the crime. the act of taking revenge on a criminal perpetrator.

Also known as just desserts.

Criminal offenders deserve the punishment they receive at the hands of the law, and that punishments should be appropriate to the type and severity of the crime committed.

Nolo Contendere

Latin for "l will not contest it." A criminal defendant's plea, in which he or she chooses not to challenge, or contest. the charges brought by the government. A plea of no contest and is used when the defendant does not wish to contest conviction.

Attempt

The act of taking substantial Steps toward committing a crime while having the ability and the intent to commit the crime. even if the crime never takes place.

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Substantive Criminal Law

Law that defines the rights and duties of individuals with respect to one another

Procedural Criminal Law

Rules that define the manner in which the rights and duties of individuals maybe enforced. The part of the law that specifies the methods to be used in enforcing substantive law

Arraignment

a hearing before the court having jurisdiction in a criminal case where the identity of the defendant is established; defendant is informed of the charges against him or her; defendant is informed of his or her rights; and defendants is requested to enter a plea.

Preliminary Hearing

An initial hearing in which a judge decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged.

Trace Evidence

Evidence such as a fingerprint. blood, or hair found in small amounts at a crime scene.

Direct Evidence

Evidence that establishes the existence of a fact that is in question without relying on inference.

Relevant Evidence

Evidence tending to make a fact in question more or less probable than it would be without the evidence.

Chimel v. California ruled that an officer may, what?

Search the person arrested and the area into which he could reach for a weapon without additional justification.

Plea Bargain

The process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval.

Crimes of Omission

Crimes that involve the failure to act when the law requires an individual to take action, such as child neglect or failure to file taxes.

Victim Impact Statement

A statement to the sentencing body (judge, jury, or parole board) in which the victim is given the opportunity to describe how the crime has affected her or him.

Writ of Certiorari

A request from a higher court asking a lower court for the record of a case. A writ issues from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case

Concurring Opinions

Separate opinions prepared by judges who support the decision of the majority.

Trial Courts

Courts in which most cases usually begin and in which questions of fact are examined.

Appellate Courts

Appeal is generally the request for a court with appellate jurisdiction to review the judgement, decision, or order of a lower court

Intermediate appellate courts, High-level appellate court,

Self-Defense

The legally recognized privilege to protect one's self or property from injury by another.

Necessity

A defense against criminal liability in which the defendant asserts that circumstances required her or him to commit an illegal act.

Duress

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.

Strict Liability Crimes

Certain crimes, such as traffic violations, in which the defendant is guilty regardless of his or her state of mind at the time of the act. Liability without fault or intention; do not require mens rea

Civil Law

The branch of law dealing with the definition and enforcement of all private or public rights. as opposed to criminal matters.

Constitutional Law

Law based on the U.S. Constitution and the constitutions of the various states.

Exclusionary Rule

A rule under which any evidence that is obtained in violation of the accused's rights will not be admissible in criminal court. Prohibits use of items obtained as a result of unreasonable search and seizure as evidence against a criminal defendant

Grand Jury

The group of citizens called to decide whether probable cause exists.

Labeling Theory

The hypothesis that society creates crime and criminals by labeling certain behavior and certain people as deviant.

Learning Theory

The hypothesis that delinquents and criminals must be taught both the practical and emotional skills necessary to participate in illegal activity.

Utilitarianism (concept of)

An approach to ethical reasoning in which the "correct" decision is the one that results in the greatest amount of good for the greatest number of people affected by their decision

Positivism

A school of the social sciences that sees criminal delinquent behavior as the result of the biological, psychological, and social forces. Because wrongdoers are driven to deviancy by external factors, they should be punished but treated to lessen the influence of those factors

Parens Patriae (concept of)

A doctrine that holds that the state has a responsibility to look after the well-being of children

Deterrence

The strategy of preventing crime through the threat of punishment. A goal that seeks to inhibit criminal behavior through the fear of punishment; crime prevention

(2 types: Specific and General)

Specific- seeks to prevent a particular offender from engaging in repeat criminality- like points for speeding

General- seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.

Incapacitation

A strategy for preventing crime by detaining wrongdoers in prison. Use of imprisionment or other means to reduce the likelihood that an offender will commit future offenses. Intends o protect the members of society by removing those who choose not to adhere to the laws.

Consensus Model

A Criminal Justice Model in which the majority of citizens in a society share the same values and beliefs.

Conflict Model

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

Restorative Justice

An approach to punishment designed to repair the harm done to the victim and the community by the offender's criminal act

Jail

A facility used to hold persons a waiting trial or those who have been found guilty of misdemeanors.

Mark system

System that allowed prisoners to earn credits towards freedom by exhibiting positive behavior.

Indictment

A written accusation that probable cause exists to believe that a named person has committed a crime.

Double Jeopardy

To be tried twice for the same criminal offense

19th Century Policing

Political influence, inefficient, similar to today

20th Century Policing

Professional, modern tech., and changes in dealing with minorities

1960s issues

Police and people: civil rights, counter culture

1970s-present

Changes in philosophy and technology; greater focus on prevention

August Vollmer

Legendary leading figure in professionalized police work and the field of criminal justice programs in college. Know as "Father of Law enforcement."

The Bill of Rights

1. Freedom of Religion/speech/press/assembly/petition

2. Right to Keep and bear arms

3. No quartering of soldiers

4. Freedom from unreasonable search and seizures

5. Due process of law, freedom from self-incrimination, double jeopardy

6. Rights of accused, speedy and public trial

7. Trial by jury in civil cases

8. Freedom from excessive bail, cruel and unusual punishment

9. Other rights of the ppl

10. Powers not stated here are reserved to the states

Kansas City Preventative Patrol Experiment- 1970's

There was no difference in citizen notice, the level of burglaries/auto thefts/larcenies/robberies/vandalism, fear of crime or citizen satisfaction when the frequency of patrols was changed

Gideon v. Wainwright (1963)

State courts are required (under the 14th amendment) to provide an attorney to the defendant who are unable to pay for their own

The 1963 case of _______________________________ the Supreme Court held unanimously that "any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him".

National Crime Victimization Survey (NCVS)

nations primary source of information on criminal victimization

Nationally randomized sample on frequency, characteristics, and consequences of criminal victimization in the US

Gregg v. Georgia

Death penalty is not cruel and unusual punishment

Overturned Furman v. Georgia

Furman v. Georgia

Death penalty is cruel and unusual punishment

Terry v. Ohio

Terry vs. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. Police can stop and frisk for weapons only

Reasonable suspicion of crime or future crime

Allows police to search a person for weapons or other weapons before questioning

Stare Decisis

"to stand by a decision"

If it has already been seen in court (precedent) you use it to determine outcome of new case

Habeus Corpus

a writ that requires a person under arrest to be brought before a judge or into court

prisoner can be released from unlawful detention (lacking sufficient cause or evidence)

Latin meaning literally "that you have the body"

Procedural defense and types

Defense that says the party should not be held liable for a legal charge or claim brought against them. - when a defendant was discriminated against in the justice process in some manner,

* Entrapment, Double jeopardy, Collateral estoppel (applies to facts that have been determined by a valid and final judgement) , Selective prosecution, Denial of speedy trail, Prosecutorial misconduct, Police fraud

Rational Choice Theory

Criminal Theory: states that if the punishment is swift and proportionate to the crime, it will be a deterrent for crime

The risks will outweigh the possible benefits to the offender

Social Learning Theory

social behavior is learned primarily by observing and imitating the actions of others. It is also influenced by being rewarded/punished

According to your textbook, most judges consider two factors above all others:

the seriousness of the crime and mitigating circumstances

According to your textbook, which is the dominant method of execution in the United States today?

Lethal Injection

The agency associated with running the jail is

County Sheriff

Alcohol intoxication can be used as a defense when

it is voluntary

Arrest warrants are issued by

a judge

At what stage are Victim Impact Statements allowed in a trial?

Before sentencing

Bail falls under what constitutional amendment?

8th Amendment

The Bill of Rights contains _____ amendments that refer to procedural safeguards.

4 Amendments

Bribery, Embezzlement, insurance fraud and tax evasion are considered types of ______ crime.

White Collar