criminal justice

crime

conduct in violation of the criminal laws of a state, federal government, or local judication for which there is no legally accepted excuse or justification

felony

a serious crime punishable by imprisonment for more than one year or by death

misdemeanor

less serious crime resulting in less than 1 year in prison

justice

the principle of fairness, ideal of moral equity

procedural fairness

the fairness of process depends on the procedure producing correct outcomes

social justice

an ideal that embraces all aspects of civilized life

criminal justice

the aspects of social justice that concern violations of the criminal law

civil justice

a component of social justice that focuses on fairness in relationships between citizens, government agencies, and businesses in private matters

3 main areas of criminal justice

police, courts and corrections

4th amendment

protect peoples rights to freedom and privacy from unreasonable intrustions from the government

american criminal process

investigation, warrent, arrest, first appearance, preliminary hearing, inditement arraignment, adjudication, sentencing, corrections, reentry

how many times is due process mentioned in the constitution and where

2 times - 5th and the 14th amendment

procedural due process

requires the government give a person proper notice before person is deprived of life

substantive due process

requires the government statutes, ordinances, regulations or other laws to be clear on their face and not broad

due process refers to

procedural fairness

two primary goals of the Criminal Justice System

enforce law and maintain public order

crime control model

emphasizes the efficient arrest and conviction of criminal offenders

Due process model

emphasizes individual rights at all stages of justice system processing

multiculturalism

a society where cultures and traditions of different groups coexist

evidence based practice

crime fighting strategies that have been scientifically tested and are based on social science research

social diversity

differences between individuals and groups in the same society

criminology

the scientific study of the causes and prevention of crime and rehabilitation and punishment of offenders

cultural competence

the ability to interact effectively with different people of different cultures

crime statistics

provide an overview of criminal activity

2 major sources of crime statistics

Uniform Crime Reporting Program (UCRP) and National Crime Victimization Survey (NCVS)

FBI crime clock

illustrates crime frequency

What 2 offense categories does crime clock include

Property crime and Personal crimes

Murder

the unlawful killing of a human being

first degree murder

a planned criminal homicide

second degree murder

intentional killing but unplanned

what weapon is most commonly used with murder

firearm more specifically a handgun

Rape

any form of sexual intercourse takes place against a persons will

Statutory rape

nonforcible rape with victim younger than an adult

robbery

the unlawful taking of property that is in the immediate possession of another by force, violence, or putting the victim in fear

what are the 2 types of assult

aggrivated and simple

justifications

the defendant admits to commiting the crime, but has claims that it was necessary to avoid greater evil

types of justifications

self defense, defense of others, reasonable force

unconsiousness

a person cannot be held responsible for anything done while unconscious

what are federal law enforcement officers authorized to do

make arrests, execute search warrents, carry firearms

how are sheriffs picked

by public officials

When and what was the New Era

2001-present: policing to secure homeland; intelligence based policing

what were Wilson’s 3 policing styles

watchman, legalistic, service

2 types of property

Real and Personal

Real

land and all attatchments thereof

personal

tangible and intagible items

burglary

the unlawful entry of a structure to commit a felony or theft

3 types of Burglary

forcible entry, unlawful entry where no force is used, attempted forcible entry

Larceny- theft

the unlawful taking/attempted taking of property from the possession of another (car door is unlocked, garage door left open)

Flash Rob

social media directs people to go to a retail store and rob them

Arson

any wilful/ malicious burning without intent to defraud

Crime Typology

classification of crimes along a particular dimension such as legal category, offender motivation, victim behavior, or characteristic of an offender

Hate crime

a criminal offense motivated by offender’s bias (race, age. sex)

Organized Crime

unlawful activities of the members of a highly organized, diciplined association engaged in illegal goods/services

transnational organized crime

unlawful activity undertaken and supported by organized criminal groups operating across national boundaries

Types of terrorism

cyberterrorism, international, and domestic

what is law

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

what is purpose of laws

regulates relationships between people and parties

Statutory law

a written/ codified law resulting from legislative action

Penal Code

the written form of a criminal law

Case law

law resulting from Judicial decisions

Common law

traditional body of law originating from usage and custom rather than from written statutes

criminal law

body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against state/society

precedent

a legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases

stare decisis

a legal principle that requires that in subsequent cases on similar issues of law and fact, courts can be bound by their earlier decisions and by those of higher courts having jurisdiction over them

what are the 6 general categories of crimFirst Move is taking every idea out)

felonies, treason, misdemeanors, infraction, espionage, incoate offenses

felonies

a criminal offense punishable by death or by incarceration in a prison facility for typically at least 6 months

misdemeanors

an offense punishable by incarceration, usually in a local confinement facility, for a period whose upper limit is prescribed by statute in a given jurisdiction typically 1 year or less

infractions

a minor violation of state statute or local ordinance punishable by a fine or other penalty or limited term/ incarceration

Incoate offenses

an incomplete / partial offense - one that has not been fully carried out

rule of law

we are equal before the law, equality, accountability, fairness, separation of powers, participation in decision making, legal certainty, avoidance of arbitrations, procedures follow parent and trans

poverty

leading cause of crime

what is SAC

solicitation, attempt, conspiracies

what are the 3 general elements of crime

Actus rea, mens rea, concurance

actus rea

a guilty act

mens rea

a guilty mind

concurance

both actus rea and mens rea occur together for a crime to be committed

causation

concurance of a guilty mind and criminal act may cause harm

harm

harm occurs in all crimes, but not all harms are crime

legality

a behavior cannot be criminal if no law exists to make it a crime

ex post facto laws

laws cannot be binding prior to the date of their creation

punishment

no crime can be said to occur where punishment has not be specified in the law

elements of crime

in a specific crime, one of the essential features of that crime as specified by law or statute

elements of first degree murder

unlawful killing of a human being intentionally with planning

defense

evidence and arguments offered by the defendant to show why he or she should not be held liable for a criminal charge

four categories of defenses

alibi, justification, excuse, procedural defenses

alibi

the claim that the defendant could not have committed the crime because they were somewhere else at the time

justification

the defendant admits to commiting the act, but claims that it was necessary to avoid some greater evil

types of justifications

self defense, reasonable force, defense of others, alter ego rule, defense of home and property, necessary, consent

excuses

a legal defense in which the defendant claims that some personal condition or circumstance exists that prevents the defendant from being held accountable under the law

provocation

a person can be emotionally enraged by another who intends to elict this reaction

Mnaughten rule

the inability to distinguish right from wrong

irresistible impulse

the defendant knew it was wrong but was unable to stop

durham rule

a person is not criminally responsible if their actions resulted from mental disease or defect

diminished capacity

a defense claiming a mental condition that may be insufficient to exonerate the defendant but that may be relevant to specific mental elements of a crime

procedural defenses

claim that the defendant was in some manner discriminated against in the process

entrapment

an improper or illegal inducement to crime by agents of law enforcement

double jeopardy

prohibits a second trial for the same offense

prosecutorial misconduct

actions by procecutors that give the government an unfair advantage or prejudice the rights of a defendant or witness

police fraud

defense availible to defendants victimized by the police through planted evidence, fabrication of facts, false arrests

criminal investigation

the process of discovering, collecting, preparing, identifying and presenting evidence to determine what happened and who is responsible when a crime occurs