Criminology 100 Exam 1

Felonies

Offenses punishable by death, or with possible sentence of >1 year in jail. May be divided into classes. Includes murder, SA, aggravated robbery, forgery, etc.

Misdemeanors

Typically less serious, punishable by fines/incarceration <1 year in prison. Includes shoplifting, reckless driving, trash dumping, etc.

Crimes against persons

Considered ‘violent crime’ or ‘street crime.’ Includes homicide, SA, robbery, aggravated assault, etc. Involves force or threats of force.

Justifiable Homicide

Acts such as self-defense, acts of war, legal executions, lawful lethal force by a cop.

Excusable homicide

Acts that are wholly accidental, such as a child running in front of a car with an attent driver.

Criminal homicide

Includes murder (intentional killing) or manslaughter (accidental killing). Seriousness is ranked by degree.

First degree murder

Premeditated and deliberated, with malice.

Second degree murder

Intentional killing, but not premeditated.

Voluntary manslaughter

A killing done in the ‘heat of passion,’ usually with provocation.

Involuntary manslaughter

Unintentional killing, caused by being unlawful (misdemeanor) or negligent.

Felony murder

Unintentionally causing death while intentionally committing a crime.

Mens rea

A criminal’s state of mind/intent

SA

Previously ‘forcible r-pe,’ now typically ‘s-xual contact without victim’s consent.’ Under FBI definition, may include ‘penetration or oral penetration.’

Robbery

Taking/attempting to take something of value from the care/custody/control of a person by force/threat of force.

Aggravated assault

An attack upon another for the purpose of inflicting severe/aggravated bodily injury.

Assault

Threatening gesture meant to alarm/make the victim feel unsafe.

Assault and battery

Intentional physical contact, alongside the threatening gesture.

Crimes against property

No violence involved - only the taking of property.

Burglary

Unlawful entry of a structure to commit felony/theft.

Larceny-theft

Taking/carrying/leading/riding of property from another. The value of the item stolen is significant 0 monetary worth will determine whether it is a misdemeanor or felony.

Motor vehicle theft

Theft/attempted theft of a land-based, self-propelled vehicle that does not run on rails and is not farm equipment.

Arson

Willful/malicious burning of a dwelling house, public building, motor vehicle/aircraft, personal property of another, etc.

Public order crimes

Offenses that violate general public values or societal norms. May be called ‘victimless crimes’ or ‘complaintless crimes.’ Examples include pr-stitution or dr-g dealing.

White collar crime

Occupational or corporate crime. Can include bribery, insider trading, Ponzi schemes, corporate espionage, etc.

Organized crime

Illegal acts committed by illegal organizations. May include bribery, counterfeiting, embezzlement, mail/wire fraud, money laundering, m-rder for hire, dr-g trafficking, pr-stitution/exploitation, etc.

Tacit consent

People become members of a community as they give their consent to submit to its government.

Consensus theory of justice

Assumes most people in society share similar values/beliefs. Even a diverse population will have similar concepts of right and wrong.

Conflict theory of justice

Assumes there will always be competing interests and viewpoints in members of society. These views can differ greatly, so consensus is not possible.

Crime control model

Likened to an assembly line. Designed to deter criminal conduct and thus protect society. Police & prosecutors can exercise judgement, legal loopholes are gone, and punishment is swift.

Due process

Likened to an obstacle course. Fairness is the goal - defendants are presumed innocent until guilty, their constitutional rights are prioritized, police & prosecutors are kept in check to preserve civil liberties of all Americans.

Discretion

Making decisions based on one’s own judgement.

Indeterminate sentence

A sentence in the form of a range of time.

Parole

Conditional release before a full sentence is served

Determinate sentence

A sentence in the form of a fixed number of years in prison.

Appellate review

A period where a defendant can appeal their conviction or sentence by requesting that a higher court review the arrest and trial.

Arraignment

The defendant enters a plea of guilty, not guilty, or no contest (accepting penalty without admitting guilt).

Adjudication

A process that allows the defendant to respond to the charges brought on them. Requires the government to prove its case, allows a judge/jury to decide whether the defendant is guilty or not guilty.

Preliminary hearing/grand jury

A process where it is decided if there is probable cause to believe that the accused committed the crime, and whether they should be tried.

lex talionis

“An eye for an eye, a tooth for a tooth.” A code for societal laws dating back to 1792-1750 BCE.

Stare Decisis

“To stand by things settled.” Once a court has laid down a principle of law regarding certain circumstances, it will adhere to that principle and apply it appropriately.

Statute

A law enacted by congress (federal law) or by state legislature (state law).

Code/ordinance

Law enacted by local lawmaking body. May also be known as municipal laws.

Plaintiff

A party bringing a lawsuit

Defendant

The party defending against a lawsuit.

Burden of proof

The prosecutor’s duty for ‘guilt beyond a reasonable doubt.'

Police, Courts, Corrections

The three major components of the criminal justice system.

Criminal Justice System

The system of law enforcement, courts, and corrections that responds to crime and processes individuals accused or convicted of crimes. A social institution that has the mission of controlling crime by detecting, detaining, adjudicating, and punishing and/or rehabilitating people who break the law.

Mala Prohibita

Crimes considered crimes not because they’re horrible/reprehensible, but because we say they are (to reduce risk of harm). Examples include jaywalking or doing drugs.

Hammurabi code

From the Babylonian era. The idea that gods have laws, and that abiding by such laws keeps gods happy.

Formal crime control

Legal controls imposed by law and carried out by official organizations.

Informal crime control

Moral rules/norms within the culture of society/the general people.

Booking

Process in which paperwork for the arrestee is created.

Jeanine Pirro

U.S Attorney for D.C

Dave Sunday

Attorney General of Pennsylvania

Law enforcement/police

Prevent and investigate crime, enforce laws, make arrests. Has the ability to make arrests, citations, and warnings.

Courts

Determine guilt/innocence, protect rights, and impose sentences.

Corrections

Carry out sentences, supervise offenders, provide rehabilitation/reentry. Oversee supervision and management decisions.

Prosecutors

Make charges, plea agreements, and dismissals

Ethics

Principles concerning right and wrong behavior.

Criminal Justice process

Investigation → Arrest → Prosecution → Initial Appearance → Preliminary Hearing/Grand Jury → Arraignment → Plea/Trial → Sentencing → Appeals (when applicable) → Corrections. Not every case goes through every stage.

Constitutional law

Based on the U.S constitution and state constitutions.

Statutory law

Laws passed by legislative bodies

Common law/case law

Law developed historically through English legal traditions and judicial decisions

Criminal law

Law defining behaviour prohibited by government and establishing criminal penalties.

Civil law

Law dealing primarily with disputes between individuals, organizations, or other private parties.

Substantive law

Defines what conduct is illegal and establishes legal rights and responsibilities

Procedural law

Establishes how laws are enforced and how legal cases are processed.

4th amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless there is a warrant.

5th amendment

Guarantees right to grand jury for criminal cases, forbids being prosecuted twice for the same crime, protects against self-incrimination (right to remain silent), requires due process of law, states government must compensate citizens when taking private property.

6th amendment

Right to speedy, public trial by impartial jury, right to lawyer, right to know who accusers are, and the nature of charges & evidence against you.

8th amendment

No excessive bail, no excessive fines, no cruel & unusual punishments made.