Criminal Justice: Key Concepts and Crime Types (Lecture Notes)

A comprehensive set of QUESTION_AND_ANSWER flashcards covering key concepts from the lecture notes on criminal justice, crime types, victimology, data sources, and legal defenses.

What is the Criminal Justice System (CJS) as described in the notes?

An institution of control composed of policing, courts, and corrections, balancing due process and crime control to hold offenders accountable, protect rights, and treat offenses fairly.

What are the three goals of justice in the CJS?

Hold people accountable for their behaviors; protect the rights of those in contact with the system; treat offenses alike while accounting for relevant differences.

What is the difference between formal social control and informal social control?

Formal social control uses institutions like police, judges, and corrections; informal social control relies on family, peers, and supervisors to enforce norms.

What does discretion mean in the context of the CJ system?

The authority to make judgment calls within legal constraints, such as deciding who to arrest, charge, or prosecute.

What does 'resource dependence' refer to in CJ?

CJ agencies depend on resources, budgets, and political support; decisions are influenced by available resources.

What are 'sequential tasks' in the CJ process?

The step-by-step progression through policing, courts, and corrections.

What does 'CIS' stand for?

Criminal Justice System.

Who was Herbert Packer and what are the two CJ models he described?

Packer described the crime control model and the due process model, emphasizing crime suppression versus protecting due process rights.

What is the essence of the due process model?

Focus on individual rights and fair procedures, sometimes at the expense of speed or efficiency.

What is the essence of the crime control model?

Focus on suppressing crime and efficiently processing offenders, prioritizing public safety.

What does the 'balance of due process and crime control' imply?

A trade-off between protecting individual rights and effectively controlling crime.

How is offending within the United States often categorized in media-ready 'pyramid' terms?

1) Celebrated cases; 2) Serious felonies; 3) Lesser felonies; 4) Misdemeanors.

What is first-degree intentional homicide and its typical penalty?

Premeditated intentional homicide; life in prison.

What distinguishes second-degree intentional homicide from first-degree?

Intentional homicide with mitigating circumstances or heat-of-the-moment factors; up to about 60 years.

What is first-degree reckless homicide and its penalty example?

Death of a person with disregard for life; up to 60 years (e.g., speeding in a school zone causing death).

What is second-degree reckless homicide?

Death of another without extreme disregard for life; up to about 25 years (e.g., certain vehicular acts like texting while driving).

What is felony murder?

Death that occurs during the commission of another felony (usually unintentional).

What is a serial killer and a mass murderer?

Serial killer: kills several victims over time; mass murderer: kills multiple people in a single event.

What is a justifiable homicide?

A homicide that is justified under law, such as self-defense.

Differentiate simple assault from aggravated assault.

Simple assault is a misdemeanor; aggravated assault is a felony.

What categories fall under intimate partner violence?

Physical violence, sexual violence, stalking, emotional/psychological abuse, and economic abuse.

What must rape include according to the notes?

Forcible sexual contact against the will, penetration no matter how slight, and lack of consent.

What is statutory rape?

Sexual contact with someone who is legally unable to consent due to age.

What are Romeo and Juliet laws?

Laws addressing sexual conduct between minors or young people to prevent harsh penalties for participating in consensual underage activity.

What is date rape?

Rape involving victims and offenders who know each other, often involving drugs or alcohol, common on college campuses.

What is robbery?

Face-to-face confrontation with threats or force, or incapacitation, to steal.

What is burglary?

Unlawful entry into a structure to commit a felony or theft; can be with or without force.

What is larceny (theft)?

Unlawful taking of property without use of force.

What are vandalism and arson?

Destruction or damage to property; vandalism is less severe than arson in intent and risk.

What is identity theft?

Stealing someone else’s personal information to commit fraud, often facilitated by other crimes.

What is motor vehicle theft?

Stealing automobiles; distinct from stealing items from a vehicle.

What are status offenses?

Acts illegal only for juveniles (e.g., underage drinking, running away, truancy).

What is a victimless crime?

Crimes defined by law but lacking an identifiable direct victim (e.g., gambling, some drugs, prostitution).

What are white-collar crimes?

Crimes like fraud, embezzlement, corruption, insider trading—committed for financial gain in business or government.

What are crimes against the government listed in the notes?

Treason, espionage, and terrorism.

What are the two major crime data databases?

Uniform Crime Report (UCR) and National Crime Victimization Survey (NCVS).

What is the 'dark figure of crime'?

Crimes that go unreported or undiscovered, leading to underestimation in official data.

What is the 'hierarchy rule' in the UCR?

When multiple offenses occur, only the most serious offense is counted.

What is NCVS and what are its basics (start date, sample, interviews)?

National Crime Victimization Survey; began in the 1970s; about 72,000 households; interviewed every 6 months for 3 years (7 interviews).

What are NCVS victimization types?

Personal victimization and household victimization.

What is the 'CSI effect'?

Media-driven distorted view of crime and the CJ system; raises public expectations for forensic evidence.

What is actus reus and mens rea?

Actus reus is the guilty act; mens rea is the guilty mind.

What is an alibi defense?

A defense asserting the defendant was not at the scene when the crime occurred.

What are affirmative defenses and their two categories?

Yes, the defendant admits to the conduct but offers reasons: Justifications (e.g., self-defense) and Excuses (e.g., age, intoxication, duress).

What are justification defenses and give examples?

Defenses asserting the act was right or necessary: self-defense, defense of others, defense of home/property.

What are excuse defenses and give examples?

Defenses asserting the defendant lacked guilty mind due to reasons like age, mistake, intoxication, or duress.

What is entrapment as a procedural defense?

The government induced the defendant to commit a crime; defense argues actions were not of the defendant’s own free will.

What is selective prosecution?

A procedural defense claiming unequal prosecution in similar cases, protected by the 14th Amendment.

What is the right to a speedy trial?

Protection under the 6th Amendment ensuring timely prosecution.

What constitutes prosecutorial misconduct?

Ethically improper actions by prosecutors, such as withholding evidence or presenting false testimony.

What are the main insanity defense theories listed?

M’Naghten rule (not understanding wrongfulness), Irresistible impulse (unable to control actions), Durham rule (mental illness caused the act).

Name a few notorious insanity defense cases mentioned.

John Hinckley Jr. (attempted assassination; acquitted by insanity plea), Dan White (Twinkie defense), Jeffrey Dahmer (impulse defense).

What is victimology and its early theorists?

Study of victims; early theories include Mendelson’s victim typologies and von Hentings’ focus on personal attributes.

What is the Just World Hypothesis?

The belief that people get what they deserve (karma) and that the world is morally fair.

What rights are included in the Crime Victims’ Rights Act (CVRA) of 2004?

Right to be protected from the accused; to be notified of court appearances; to be included in proceedings; to confer with the attorney; right to restitution; right to a speedy trial; to be treated with respect and fairness.