The Lodestar of Personal Responsibility and Legal Frameworks

This set of flashcards covers vocabulary and key concepts from the lecture on personal responsibility, constitutional rights, legal history, and criminal justice theories.

Lodestar

A guide or model used to understand personal responsibility and personal liability.

Force majeure

An unexpected or uncontrolled event.

Consequentialism

A moral system where the morality of an act is determined from its consequences, following the principle that "the end justifies the means."

Moral luck

The condition of being responsible for moral actions and the habits that form beliefs and desires, which depend on the luck of influences an individual is exposed to.

Wisconsin negligence test

A test used to determine if negligence was a substantial factor in injuries, referring to cause as "a cause" rather than "the cause."

Tort of "Bad faith"

A tort requiring examination of potential duty, how breach of duty causes damages, and if those damages exist.

Perjury

The act of lying under oath.

Retribution

The idea that committing a crime merits punishment.

Deterrence

A form of social control and protection where punishment is used to dissuade future and current criminals.

Incapacitation

The act of imprisoning an offender and removing them from society for protection.

Rehabilitation

The improvement of an offender for their benefit to reduce repeat offenses and improve the community.

Felony Murder Rule

A rule stating that if a murder is committed during the course of a felony, the offender may be held responsible regardless of intent.

Ex ante

An expression meaning "before the event."

Ex post

An expression meaning "after the event."

Post hoc, ergo propter hoc

A logical fallacy meaning "After this, therefore because of this," which falsely assumes cause based purely on sequence.

Truth-in-sentencing

A policy requiring offenders to serve a portion of their sentence before being considered for parole.

$16^{th}$ Amendment

The constitutional amendment passed in $1913$ that granted the power to collect taxes.

Selective service

Required military service registration for men at or over $18\text{ years}$ old.

Bill of Rights

A part of the Constitution cited to identify the rights and responsibilities of citizens.

Magna carta

One of the most important legal documents in history, signed by King John of England to prevent the infringement of rights of citizens.

Hammurabi Code

An early system of law from $2200$ BC written in cuneiform established in Sumeria, Mesopotamia, and Babylon, known for "An eye for an eye."

Peelian Reform

Principles for policing reform established by Sir rober peel in $1829$ calling for local responsibility and standards for conduct and organization.

Federalism

A system of government embodied in the $10^{th}$ Amendment where the same territory is controlled by two levels of government.

Selective Incorporation Doctrine

The doctrine stating only provisions of the Bill of Rights fundamental to the American legal process are applicable to the states through the due process clause.

Felony

A serious crime generally punishable by death or imprisonment for more than $1\text{ year}$ [Mala insane].

Misdemeanor

A minor offense generally punishable by a fine or a short term of confinement, usually less than $1\text{ year}$ [Mala prohibita].

Actus reus

The material elements of a criminal act.

Mens rea

Criminal intent.

Tort

A private wrong where an individual prosecutes to seek redress for injury, where intent is not necessarily required.

Strict liability crime

A crime lacking a mens rea element where the individual is held responsible regardless of intent, such as allowing minors to purchase illicit substances.

$42$ USC § $1983$

The federal statute allowing individuals to sue anyone acting under state authority who violates their constitutional rights.

Part I (Crime Index) offenses

The FBI's classification for major crimes including violent crimes (murder, robbery) and property crimes (burglary, larceny).

White-Collar Crime

Economic crimes including identity theft, embezzlement, bribes, and consumer fraud.

Ritualistic Crime

An unlawful act committed during a ceremony related to a belief system.

Classical theory of Crime

The theory by Cesare Beccaria stating people have free will and commit crimes because they are rational and responsible agents.

Routine activity theory

A theory by Cohen and Felson stating crime occurs through the intersection of suitable targets, absence of guardians, and motivated offenders.

Positivist theory of crime

The theory by Cesare lobroso stating criminals are born biologically inferior or are victims of society influenced by population and economy.

Victim impact statement (VIS)

An objective statement detailing medical, financial, and emotional injuries of a victim.

Forensic science

The field that deals with examining physical evidence to answer legal questions.

Internal Affairs (IA)

A department unit responsible for investigating officers within the department.