Exam 1 Review: Introduction and Chapter 1 What is Criminal Justice

Vocabulary flashcards covering key terms, legal cases, models, and legislative developments from Introduction and Chapter 1.

Regina v. Dudley and Stephens

A legal case whose holding on the defense of necessity in cases of murder is reviewed for its application and impact on U.S. courts.

Direct Sources

First-hand experiences or personal observations used to form perceptions of the criminal justice system.

Indirect Sources

Secondary channels of information, such as news outlets and entertainment media, through which individuals form perceptions of the criminal justice system.

Distortions Generated by News Outlets

Media misrepresentations that alter public perception regarding the nature, frequency, and severity of crime.

Distortions Generated by Entertainment

Media portrayals that misrepresent how the criminal justice system operates and its real-world impact.

Infotainment

Media content that blends information and entertainment, often prioritizing sensationalized crime stories over accurate reporting.

Criminal Justice

An academic discipline and system focusing on the agencies, legal structures, procedures, and institutional responses (police, prosecutors, laws, corrections) to crime.

Criminology

An academic discipline focused on the scientific study of the causes, origins, trends, and nature of crime and criminal behavior.

Civil Rights Movement and Vietnam War Impact

Historical movements involving widespread civil disobedience and intense police responses that heavily influenced crime levels, public perceptions of police, and the criminal justice system.

1967 Presidential Commission

A commission formed during the War on Crime that conducted extensive research and issued findings and recommendations to reform and modernize the criminal justice system.

Crime Control and Safe Streets Act of 1968

Federal legislation enacted following the 1967 Presidential Commission that created agencies, funded law enforcement, and impacted policing practices.

Crime Control Model

A criminal justice model that prioritizes public order, swift processing, and the efficient suppression, arrest, and conviction of criminal offenders.

Due Process Model

A criminal justice model that prioritizes individual rights, procedural fairness, and constitutional safeguards to prevent wrongful convictions.

Individual Rights v. Public Order

The core societal balance and ongoing ideological tension in criminal justice regarding how to weigh constitutional liberties against the need for public safety.

USA Patriot Act

Federal legislation passed in response to the September 11 attacks that enacted broad changes to law enforcement authority, national security, and surveillance capabilities.

Secret Searches

Surveillance powers under the USA Patriot Act that permit law enforcement to execute search warrants with delayed notification to the subject.

3rd Party Documents (FISA)

Provisions under FISA expanded by the USA Patriot Act allowing federal law enforcement to access business, medical, or personal records held by third-party entities.

Roving Wiretaps

Surveillance authorizations under the USA Patriot Act that allow wiretapping to follow a specific target person across multiple communication devices rather than being tied to a single line.

What is statutory law?

refers to laws enacted by a legislative body, which can include federal, state, and local governments. These laws are written and codified, providing specific rules and regulations that govern behavior and social order.

What is case law?

Law developed through court decisions and judicial precedent.

What is common law?

Law based on traditions, customs, and previous court decisions.v

What is the rule of law?

Everyone, including government officials, is subject to the law.

What is substantive law?

defines the rights and duties of individuals and establishes what constitutes criminal behavior, as opposed to procedural law which outlines the methods of enforcing those rights.

What is procedural law?

Law describing how the criminal justice system handles cases.

Memory trick for substantive law?

WHAT is illegal?

Memory trick for procedural law?

HOW does the system handle it?

What is an infraction?

A minor violation usually punished by a ticket or fine.

What is a misdemeanor?

A crime more serious than an infraction but less serious than a felony. Crime time is usually less than 1 year.

What is a felony?

: A serious crime that can result in significant imprisonment and other consequences.

Examples of felonies?

Murder, Grape, robbery, burglary, and arson.

What is treason?

Betraying one's country, such as helping its enemies.

What is espionage?

Spying or providing national-defense information to a foreign power or enemy.

Treason vs. espionage?

Treason = betrayal; espionage = spying.

What are inchoate offenses?

Crimes involving conduct toward committing a crime that may not be completed.

What is attempt?

Intent to commit a crime plus substantial steps toward completing it.

Memory trick for attempt?

ACTION

What is conspiracy?

An agreement between two or more people to commit a crime.

Memory trick for conspiracy?

AGREEMENT

Main difference between attempt and conspiracy?

Attempt = action; conspiracy = agreement.

What are the three basic elements of a crime?

Actus reus, mens rea, and concurrence.

What is actus reus?

The criminal act or legally required failure to act.

Actus reus asks what question?

“What did they do?”

What is mens rea?

The defendant's guilty mental state.

Mens rea asks what question?

“What were they thinking?”

What is concurrence?

The required criminal act and mental state occur together.

Memory trick for concurrence?

ACT + MIND + TOGETHER

Why is concurrence important?

The defendant generally must have the required criminal mental state when the criminal act occurs.

What are the four mens rea levels?

Purposeful, knowing, reckless, negligent.

What is purposeful conduct?

The person intended the conduct or intended the result.

What is knowing conduct?

The person knew what they were doing or knew the relevant result was practically certain.

What is recklessness?

Knowing about a serious risk and consciously disregarding it.

What is negligence?

Failing to recognize a serious risk that a reasonable person should have recognized.

Reckless vs. negligent?

Reckless = KNOW the risk. Negligent = SHOULD KNOW the risk.

Example of recklessness?

Driving 90 mph in a 25-mph residential area while knowing the danger.

Example of negligence?

Leaving a young child alone in a bathtub without recognizing the risk of drowning.

What is motive?

The reason or “why” someone commits a crime.

Mens rea vs. motive?

Mens rea = mental state; motive = why.

What is causation?

Whether the defendant's criminal conduct legally caused the required harm or result.

What question does causation ask?

“Did their conduct cause the required result?”

Actus reus vs. causation?

Actus reus = what they did; causation = whether that conduct caused the required result.

What is harm?

Damage or a negative result caused by criminal behavior.

Is harm always a separate fourth element of every crime?

No.

Can an attempt be criminal even if the intended harm never occurs?

Yes.

What is the principle of legality?

No law, no crime.

What does legality ask?

Was there already a law making the conduct criminal?

What is ex post facto?

Applying a new criminal law retroactively to conduct that occurred before the law existed.

Easy ex post facto timeline?

BEHAVIOR → NEW LAW → RETROACTIVE PUNISHMENT = PROBLEM

Legality vs. ex post facto?

Legality = no crime without existing law. Ex post facto = no retroactive criminal punishment.

What is the principle of punishment?

A crime must have a legally specified punishment.

Memory trick for legality vs. punishment?

Legality = LAW; punishment = PENALTY.

What are elements of a specific criminal offense?

The specific legal requirements that must be proven for that particular crime.

What must the prosecution prove for conviction?

All required elements beyond a reasonable doubt.

What happens if one required element is missing?

The defendant cannot be convicted of that specific offense.

Basic first-degree murder framework from your course?

Unlawful killing of a human being, intentionally, with planning/malice aforethought.

: Memory trick for first-degree murder?

PLANNED

What is second-degree murder

An intentional unlawful killing without the degree of planning/malice required for first-degree murder.

Memory trick for second-degree murder?

INTENTIONAL, LESS PLANNING

What is manslaughter/third-degree murder in your course framework?

Unlawful killing without intent/malice, often involving reckless or negligent behavior.vv

Memory trick for manslaughter?

DEATH WITHOUT INTENT

What are attendant circumstances?

Facts or conditions surrounding a crime.

: Examples of attendant circumstances?

Age, location, time, or identity of the victim.

What are necessary attendant circumstances?

Circumstances that must exist for a particular crime.

What are aggravating circumstances?

Circumstances that make a crime more serious or increase punishment.

What are mitigating circumstances?

Circumstances that make a crime less serious or may reduce punishment.

Memory trick for necessary attendant circumstances?

HAS TO BE THERE

What does corpus delicti literally mean?

“Body of the crime.”

What does corpus delicti actually mean?

The fact that a crime actually occurred.

Two basic aspects of corpus delicti?

A criminal result occurred + someone was criminally responsible for producing it

Does corpus delicti mean the physical body of a murder victim?

No.

Does corpus delicti require identifying the perpetrator?

No.

Memory trick for corpus delicti?

CORPUS = CRIME OCCURRED

Corpus delicti vs. identity?

Corpus delicti = did a crime happen? Identity = who committed it?

What does the 9th Amendment protect?

: Rights retained by the people even if they are not specifically listed in the Constitution

Memory trick for the 9th Amendment?

9th = RIGHTS

What does the 10th Amendment concern?

Powers not given to the federal government are reserved to the states or people

Memory trick for the 10th Amendment?

10th = POWERS

9th vs. 10th Amendment?

9th = rights; 10th = powers.

Article I §8 vs. Article VI §2?

Article I §8 = Can Congress make the law? Article VI §2 = Which valid law wins?

Excuse?

DON'T BLAME ME

Justification?

ACTION WAS RIGHT/NECESSARY