Criminal Justice Midterm

General Deterrence

main goal of criminalization is to make examples of some so that others will think twice about committing a crime.

Specific (individual) deterrence

purpose of punishment is to deter a specific criminal from future misconduct.

Rehabilitation

the goal is to reduce crime by reforming the wrong doer rather than by threatening him or others. Try to make the offender more law abiding.

Incapacitation

imprisonment prevents the criminal from committing further crimes in the general population for the period of time of such segregation.

Retribution

punishment is deserved because the wrong doer made the choices to commit the offense. The sole purpose is to punish the morally culpable person.

Restoration

is a sentencing goal of that attempts to address the damage done by making the victim and the community “whole again” insofar as possible.

Law

a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior.

Jurisprudence

the philosophy of law. Also, the science and study of the law.

Statutory

Law in the form of statutes=a law “on the books”. It means that it has bee adopted to the legislature and codified.

Federal Law

the U.S. Constitution allows for federal law to be made in the form of statutes.

State Codes

criminal law a/k/a “Penal” law = the written statutory for criminal law.

Case Law

is the law that results from judicial decisions. It involves the written decisions of courts that provide guiding principles for future decisions.

Common Law

is the traditional body of unwritten historical precedents created from everyday social customs, rules, and practices.

Felony

a crime graver or more serious nature than designated as misdemeanors. Under Federal law and state statutes, any offense punishable by death or imprisonment for a term exceeding one year.

Misdemeanor

Offenses lower than felonies and generally those punishable by fine or imprisonment otherwise than in a penitentiary. In most states and federal law, any offense other than a felony, is classified as a misdemeanor.

Inchoate Offenses

a special category of crimes which means “incomplete” or “partial” because they have not been fully carried out.

The Elements of a Crime

actus reus, mens rea, concurrence between mens rea and actus reus, and causation of harm

Actus Reus

the physical element of a crime. It’s not sufficient when mere thoughts or words are used, possession is unconscious, the act is involuntary, and/or there is an omission.

Actus Reus (Voluntary)

must be a willed muscular reaction.

Actus Reus(Conscious)

Being hypnotized or sleepwalking could negate the actus reus requirement.

Actus Reus(Omissions)

in most situations there is no criminal liability for an omission, unless the D had a “special legal duty to act.”

Mens Rea(guilty mind)

the mental intent of a crime.

General Intent

D desired to do something further(Battery,Second degree murder)

Specific Intent

D desired to do something further (Burglary, First Degree Murder)

Reckless (Gross or Criminal Negligence)

this means that the person does some act intentionally but with an extreme lack of care.

Strict Liability

(absolute liability offenses) no mental state required at all (ex. Traffic offenses, gun possession, statutory rape (knowledge of age irrelevant).

Insanity Defense:

Insanity Defense

if asserted, must be proven by the D. (Jones v. US, 1983)

McNaughten Rule

the defendant must prove that, at the time he acted, he was suffering from such a mental defect (disease of the mind) that he either: (1) did not understand the nature and quality of his actions;or (2) he did not know what he was doing was wrong (Used in half the states).

Irresistible Impulse Test

defendant’s ability to control himself was substantially impaired.

ALI Standard (MPC)

a person is NOT responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity to either: (1) to appreciate the criminality (wrongfulness) of this conduct (cognitive prong) or (2) he is unable to conform his conduct to the requirements of the law (inability to control his conduct

Cognitive

of,relating to, being, or involving conscious intellectual activity (as thinking, reasoning, or remembering)

Violation

Volition or “will” is the cognitive process by which an individual decides on and commits to a particular course of action.

The Durham Rule

a person is not criminally responsible for his or her behavior if the person’s illegal actions ere the result of some mental disease or defect (has been rejected by most states instead of NH).

The Brawner Rule

New rule in 1972 which places responsibility for deciding insanity squarely onto the jury.

Guilty But Mentally Ill (GBMI)

person can be found guilty even though a degree of mental incompetence exists. (Alaska, GA, & AZ). There is a difference between insanity and having mental illness.

Crime Reporting:

Uniform Crime Reporting (UCR) Program

compiles official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is “a nationwide cooperative statistic effort of nearly 18,000 city, university and college, country, state, tribal, and feder law enforcement agencies voluntarily reporting data on crimes brought to their attention.

National Crime Victimization Survey (NCVS)

an annual survey of selected American households conducted by the Bureau of Justice Statistics to determine the extent of criminal victimization–especially unreported victimization—in the United States.

Police Executive Research Forum(Perf)

based in Washington also gathers crime data. It is based on law enforcement agencies’ reports on crime and comes from police chiefs, sheriffs, etc.

Offender self

reports

Sourcebook of Criminal Justice

an annual compilation of national info on crime and on the CJ system

National Institute of Justice (NIJ)

is the primary research arm of the DOJ, the Office of Juvenile Justice and Delinquency Prevention (OJJDP), the Federal Justice Statistics Resource Center, and the National Victim’s Resource Center, provides more info on crime patterns.

National Incident

Based Reporting System (NIBRS)

Crime Clock

a shorthand way of diagramming crime frequency in the United States.

Clearance Rate

a traditional measure of investigative effectiveness that compares the number of crimes reported or discovered to the number of crimes “solved” through arrest or other means (such as the death of the suspect).

Dark Figure of Crime

Crime that is not reported to the police and that remains unknown to officials.

Crime Typology

a classification of crimes along a particular dimension, such as legal categories, offender motivation, victim behavior, or the characteristics of individual offenders.

Pretrial Procedures:

Initial Contact

a crime is reported to the police.

Investigation

the police gather evidence to identify a suspect.

Arrest

(1) a tip → reasonable suspicion → to probably cause, (2) warrant, and (3) police witness a crime.

Booking(while Defendant is in police custody)

fingerprinting, photos, etc.

Charge/Charging

the case is turned over to the prosecutor’s office by the police.

Filing Complaint

a prosecutor now decides whether there is enough evidence to file charges; If so, the prosecutor files a complaint.

First Appearance

after the complaint is filed, the suspect is brought before a magistrate. In most cases, this is what it is called. Here, the magistrate or judge informs the D of the charges, notifies him that he has the right to counsel, and sets bail or released D w/o bail.

Grand Jury/Preliminary Hearing

a probable cause determination is made.

Grand Jury

if probable cause is found, an indictment is issued by the grand jury.

Preliminary hearing

when the lower court conducts a hearing (usually in front of a magistrate) based on an “information”, a document prepared by the prosecution. This is basically a probable cause determination hearing in which live witnesses can be called so the judge can determine probable cause.

Arraignment

defendant is formally read charges and enters a plea of guilty or not guilty. A trial date is set and bail is considered. (Could be a separate hearing).

Bail/Detention

money is held to guarantee the Defendant’s return. If he jumps bail, he loses the $ put up. That is why there are bounty hunters a/k/a “Bail Enforcement Agent”(NY). They are hired by bail bondsmen.

Plea Bargaining

95

Pre

trial Motions

Discovery

both sides exchange evidence, witness lists, etc.

Trial

if not plea is agreed to, the Defendant chooses either a bench trial or jury trial. The burden of proof is “beyond a reasonable doubt.”

Sentencing/Disposition

Court's decision, yet they may have sentencing guidelines they have to follow created by law. Yet, the judge will have a degree of discretion of how tough to be.

Appeal (post

conviction remedies)

Correction/Treatment (Imprisonment)

(a) Rehabilitation, (b) the goal is to reduce the Recidivism Rate program in an effort to lower the rate at which Ds are likely to commit more crimes.

Release

parole,pardon, or fulfillment of sentence.

Post

Release

Part I Offenses:

Violent Crimes

(murder and nonnegligent manslaughter, rape, robbery, and aggravated assault). They are defined in the UCR as offenses that involve force or threat of force.

Rape

unlawful sexual intercourse achieved through force and without consent.

Common Law Rape

”the carnal knowledge (sexual intercourse) of a woman (other than the D’s wife) forcibly and against her will.”

Kidnapping/Abduction

the unlawful seizure, transportation, and/or detention of a person against his/her will; or of a minor without the consent of his/her custodial parent(s) or legal guardian.

Robbery(UCR/NIBRS)

the unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence and/or by putting the victim in fear.

Common Law Robbery

taking the property of another, with the intent to permanently deprive the person of that property, by means of force.

General Definition of Robbery: Larceny committed with two additional elements: (1) the property is taken from the person or presence of the owner, (2) the taking is accomplished by using force or putting the owner in fear.

Assault(UCR/NIBRS)

an unlawful attack by one person upon another.

Common Law Definition

an attempted battery, an intentional act by one person that creates apprehension in another of an imminent harmful or offensive contact (ex. A mere threat to harm is not an assault; however, a threat combined with a raised fist might be).

Aggravated Assault(UCR/NIBRS)

the unlawful, intentional inflicting, or attempted or threatened inflicting, of serious injury upon the person or another.

Simple Assault

the attempt to cause serious physical harm to an individual.

Battery

under Common Law battery was a completed assault; there is not battery under NY State law;it would be an aggravated assault or assault.

Common Law Burglary

the breaking and entering into the dwelling of another at night with an intent to commit a felony therein. Must be an established building or structure that is inhabitable. The defendant must have an intent to commit some crime within the structure.

Larceny(UCR/NIBRS)

the unlawful taking or attempted taking, carrying, leading, or riding away property from the possession of constructive possession of another.

Motor Vehicle Theft

the theft or attempted theft of a passenger vehicle (trains,planes, boats, construction equipment, and most forms of machinery is classified as larceny).

Identity Theft

a crime in which an imposter obtains key pieces of information, such as Social Security and driver’s license numbers, to obtain credit, merchandise, and services in the name of the victim.

Common Law Arson

the wilful and malicious burning of the dwelling house of another.

Arson (UCR/NIBRS)

any wilful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, person property of another, and so on.

Homicide:

Two Kinds of Murder

Murder and Manslaughter

Common Law Murder

the murder of one human being by another.