Criminal Justice Honors Review

Criminal Justice Honors Review Flashcards

Letter of the Law

When one obeys the literal interpretation of the words of the law, but not necessarily the intent of the law.

Intent of the Law

Intent generally refers to the mental aspect behind an action, often the focal point of Criminal Law, shown by circumstantial evidence.

Common Law

The part of English law derived from custom and judicial precedent rather than statutes; often contrasted with statutory law.

First Amendment

Freedom of speech, religion, press, assembly, and petition.

Second Amendment

Right to bear arms.

Fourth Amendment

Right to be secure from unreasonable search and seizure; right to privacy.

Fifth Amendment

Protects against self-incrimination and double jeopardy; guarantees due process of law.

Sixth Amendment

Guarantees the right to a speedy and public trial, the right to confront witnesses, and the right to counsel.

Eighth Amendment

Protects against excessive bail and cruel and unusual punishments.

Fourteenth Amendment

Guarantees equal protection under the law and due process to all citizens.

Prosecutor

Attorney representing the state in a criminal case.

Plaintiff

Person who begins a lawsuit in a civil case.

Defendant

Person accused of committing a crime in a criminal case or being sued in a civil case.

Defense Attorney

Counsel representing the accused in a criminal case.

Judge (Criminal Case)

Admits evidence, maintains order, and determines the sentence if the defendant is found guilty in a criminal case.

Judge (Civil Case)

Maintains order, admits evidence, and rules on objections in a civil case.

Jury (Criminal Case)

Determines guilt or innocence in a criminal case.

Jury (Civil Case)

Decides liability and awards damages if warranted in a civil case.

Bench Trial

Judge is the only person who hears a case and determines outcome

Criminal Case Verdict

Verdict must be unanimous

Civil Case Verdict

Majority Vote

Criminal Case Premise

Based on the premise of Beyond of Reasonable Doubt which means that based on the evidence and testimony, there is no one else that could have committed this crime other than the defendant or there is not enough evidence to convict this individual.

Civil Case Premise

Based on the premise of Preponderance of Evidence which means the jury must decide who is liable for the action. It does not have to be only one parties’ fault. Both parties could be held liable.

Hung Jury

When jury cannot reach a verdict

Mistrial

An error has occurred during a trial and a judge has ruled that the case ends without a ruling or verdict. The defendant can be tried again.

Indictment

Formal accusation or to be formally charged with a crime

Allegation

Unfounded statement or accusation

Exclusionary Rule

“Fruits of the poisoned tree” If a search is bad, then the evidence collected during this unlawful search cannot be used against the defendant.

Corpus delecti

Refers to a dead body that may or may not be present when a crime is committed. Do not have to have a dead body in order to prove that a murder was committed.

Physical Evidence

Any piece of evidence found at a crime scene that can be tested or evaluated. For example, blood, fingerprints, DNA, hair samples, bodily fluids, weapons, etc.

EyeWitness Testimony

If someone actually witnesses a crime, they are considered to be part of direct evidence.

Incriminate

The defendant as the criminal

Corroborate

To provide information that supports the defendant’s claim. for example, an alibi.

Circumstantial Evidence

Information that is inferred from odd pieces of evidence. These items by themselves do not tell a story but when these items are connected, it begins to tell a story. There is nothing concrete about indirect evidence.

Mitigating Factors

Factors that lessen the seriousness of a crime

Aggravating Factors

Actors that make the seriousness of a crime more severe.

Jurisdiction

An area that is covered under the law.

Original Jurisdiction

The first time a case is heard in a courtroom. The defendant is tried and there is a verdict given.

Appellate Jurisdiction

After a verdict is given and a defendant is convicted, that defendant can argue that errors were made during the trial. A panel of judges review the claims and decide if there is an validity to the claims.

Affirm

Agree with the lower court’s decision

Reverse

Overturn the lower court’s decision

Modify

Change the sentence or amend the decision

Remand

Send the case back to the lower courts to redo whole trial or part of the trial.

Federalism

Word used to describe the Constitution's system of dividing political power between the national government and the states.

Separation of Powers

Dividing power between the different branches of government.

Grand Jury

Made up of between 15 - 30 people who investigate potential criminal conduct, and determine whether criminal charges should be brought and may subpoena physical evidence or a person to testify. If there is enough evidence, an indictment is issued which means that person is formally charged.

Petit Jury

Hears the evidence in a trial as presented by both the plaintiff and the defendant. After hearing the evidence and often jury instructions from the judge, the group retires for deliberation, to consider a verdict

District Court

Take place at District Court. Misdemeanor or violation offenses will be heard at this level. Small Civil cases involving $15,000 or less

County Court

All felony cases will be heard at this level. Civil cases involving more than $15,000

Supreme Court

Hears high level felony cases and civil cases involving more than $25,000.

Federal Courts

Deal with constitutional issues, interstate issues, federal bank robberies, kidnapping across state lines, civil rights violations.

Mens Rea

Guilty Mind

Actus Rea

Guilty Act

Bystander Effect

The more individuals that witness a crime, the less likely anyone is to get involved and call for help.

Diffusion of Responsibility

Is a socio-psychological phenomenon whereby a person is less likely to take responsibility for action or inaction when other bystanders or witnesses are present

FBI Uniform Crime Report (UCR)

Compiles crime statistics from all 50 states and categorizes all of this information each year

Hierarchy Rule

FBI will only report the most serious crime from states when there is an action that involves multiple offenses

National Crime Victimization Report (NCVS)

This report is completely optional and voluntary. It is based on victims’ accounts and not very reliable. Victims tend to change their story, exaggerate, embellish or completely lie because they cannot remember what happened. The statistics from this report are not widely used.

INNOCENCE PROJECT

Founded by Peter Neufeld and Barry Scheck, who were public defenders from NYC and were hired to be part of OJ Simpson’s “Dream Team” They were the DNA experts on the case. This organization works to exonerate those who have been wrongfully convicted.

Principal

Person who actually commits the crime

Accessory Before the Fact

Someone who helps an individual to carry out a crime, whether knowingly or not. For example, being the driver of a car at the crime, buying a weapon for someone. Encouraging the crime

Accessory After the Fact

Hiding evidence for the suspect, driving them to the airport, giving them money, etc.

Accomplice

Someone who is present at the crime and actively helps commit the crime. For example, being the lookout or holding someone down as they get assaulted.

Culpability

Responsibility in the eyes of the law

Intent

The individual meant to carry out the action

Knowing

The individual has knowledge of the action and still carries out the action.

Reckless

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

Negligence

A “reasonable person” knows that you should not do this or someone could get hurt. For example, leaving your child in a hot car in the summer while you go shopping.

Homicide

Unnatural death of someone.

Justifiable

In the eyes of the law, it is legally acceptable that you took someone else’s life. Self-Defense

Excusable

Completely accidental. No wrongdoing

Criminal

Intentional killing of someone

Manslaughter v. Murder

Murder is intentional while manslaughter is the unintentional killing of someone through reckless or negligent actions.

Degrees to a crime

Each offense has different levels of crime. The more severe the crime, the lower the number. First degree of any crime is the worst and typically, if you are charged with First Degree, you have a weapon with you at the time of the crime.

Violation

Least serious offense and punishable by up to 15 days in jail

Misdemeanor

Two levels, A and B, punishable by up to 1 year in jail

Felony

Most serious offense, Five different levels from E to A. Punishable up to Life in prison in New York State. Some states have the death penalty.

Concurrent v. Consecutive Sentences

Judges can decide how defendants will serve their sentences.

Justification

Self Defense

Infancy

By age, you can not be held accountable for your actions

Consent

You agreed to participate in certain activities and within that participation, you got hurt and you committed a crime within that activity. For example, playing a dangerous sport or UFC.

Double Jeopardy

You cannot be tried for the same crime twice.

Duress

Individual is under extreme stress and is forced to commit a crime. For example, coercion is used or threats of violence.

Entrapment

Police trick a suspect into committing a crime.

Released on your own Recognizance (ROR)

Defendant goes home without paying a monetary amount and is expected to return to court.

Preventive Detention

Denied bail and kept in jail until court date.

Pre-trial Detention

A monetary amount has been assigned and the defendant stays in jail until that amount is paid.

Purpose of bail

To make sure that a defendant shows up for court.

Purpose of Hate Crime Legislation

To make Punishments more severe

Definition of a Hate Crime

When an individual or group is attacked based on a characteristic. For example, race, religion, ethnicity, sexual orientation.

Matthew Sheppard and James Byrd Hate Crimes Legislation

Allows the federal government to intervene if a state does not have hate crime laws.

Purpose of the Juvenile Justice laws

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

PINS

Persons in need of supervision. This is an attempt to help a juvenile who is going down the wrong path. The courts, schools and your family can get a PINS petition on the juvenile and then the courts intervene to monitor the juvenile’s behavior.

ACOD

Adjournment in Contemplation of Dismissal. The DA or judge can offer this to a juvenile offender. “Get out of jail free” card. ” It’s a one time offer for juveniles to hold the charges against them and they do not go into the system.

1978 New York Juvenile Crime Law - Willie Bosket Laws

Changed the laws in New York State so a juvenile could be tried as an adult if it is justified

Status Offender

Actions that are illegal for juveniles but not for adults. Drinking, gambling, driving, purchasing tobacco

Youthful Offender

Tried as an adult, sentenced as a juvenile

Juvenile Delinquent

Regardless of age, the action is illegal. For example, robbery, murder

In Loco Parentis

In place of the parent. Every day in class, your teachers act as your parents/guardians.

Parens Patriae

Courts intervene in the juvenile justice system to help juveniles get on track. For example, sending a juvenile on a tour of the jail to show that individual what life will be like if they continue down the path that they are on.