UNO Criminal Justice 1010 First Exam

Sources of law in the U.S.

Constitution, judicial decisions, statutes, executive orders, and regulations.

Felony

a serious crime

misdemeanor

a crime less serious than a felony

strict liability

persecutors have to prove the suspect committed the act and the intent

Public order/victimless crime

Crimes that the public deems as morally wrong (Gambling, drug use, prostitution, pornography)

inchoate crimes

Incomplete crime or seeking to commit another crime

robbery

larceny by threat of violence

burglary

entering a building unlawfully with intent to commit a felony or to steal valuable property

larceny/theft

the act of taking something from someone unlawfully

lex talionis

the law of retaliation, whereby a punishment resembles the offense committed in kind and degree (eye for an eye)

actus reus

physical acts that make up the elements of the crime

mens rea

criminal intent; the thoughts and intentions behind a wrongful act; often at issue in murder trials

stare decisis

When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court's decision

4th amendment

Protects us from unlawful searches of our property (police need a warrant before search)

5th amendment

Right to remain silent and have the right to an attorney (you have the right to keep silent as to not incriminate yourself)

6th amendment

Due process amendment

8th amendment

Keeps us safe from cruel and unusual punishment

Crime control model

emphasizes the standardized, expeditious processing of defendants through the court system and the uniform punishment of offenders according to the severity of their crime (expectation of an efficient criminal justice system)

due process model

focuses upon the rights of the defendant, who is presumed innocent until proven guilty, and aims at individualizing rehabilitation programs for those found guilty. (Expectation of a just and fair system)

White collar crime

criminal acts done by one person (not a corporation) that is used for profit (ex. scammers)

corporate crime

criminal acts done by corporations for profit

probation

a trial period during which your character and abilities are tested to see whether you are suitable for work or for membership

Six different criminal defenses

insanity, diminished capacity, duress, mistake, infancy and entrapment.

Victim rights

The right to be informed of all criminal court proceedings; the right to be present at trial unless the trial court finds sequestration necessary for a fair trial for the defendant; and the right to be informed of, be present at, and make an oral or written statement at sentencing, parole, pardon, commutation, and conditional release proceedings

Victim precipitation theory

victims can play a role within a crime based on the choices they make (they become victimized)

Wedding cake model

The four levels of crime

Serious felony

Physical action (hitting, punching, stabbing)