Crim 300 Quiz 1

The 2 objectives of criminal justice in America are to…?

prevent and control crime

The definition of crime that states that “crime is behavior that violates the norms of society” is called the ____________ definition of crime.

social

The definition of crime that states that “crime is the intentional violation of the criminal law or penal code, committed without defense or excuse and penalized by the state” is called the ____________ definition of crime.

legal

What is concert or collaboration in criminal purpose and must involve 2 or more people.

conspiracy

An _________ encourages, promotes, instigates, or stands ready to assist the perpetrator of a crime.

abettor

An ________________________ is a person who abets a crime that is not present when the crime was committed.

Accessory before the fact

An __________________ is a person who, knowing that a felony has been committed, receives, relieves, comforts, or assists the felony to hinder apprehension or conviction.

Accessory after the fact

_______ of a felony is the concealment of a felony crime committed by another person.

Misprision

Any unsoundness of mind, madness, mental alienation, or want of reason, memory, and intelligence that prevents an individual from comprehending the nature and consequences of his or her acts or from distinguishing between right and wrong conduct. (Name the defense)

Insanity Defense

Any erroneous understanding of fact or circumstance resulting in some act that would not otherwise have been undertaken.  The mistake of fact becomes a defense when an individual commits a prohibited act in good faith and with a reasonable belief that certain facts are correct, which, if they were indeed accurate, would have made the act innocent.  Further, the mistake must be an honest one and not the result of negligence or poor deliberation. (Name the defense)

Mistake of Fact defense

Any want of knowledge or acquaintance with the laws of the land in so far as they apply to the act, relation, duty, or matter under consideration.  It is the citizens responsibility to acquaint themselves with the local laws. (Name the defense)

Mistake of Law Defense

Any want of knowledge or acquaintance with the laws of the land in so far as they apply to the act, relation, duty, or matter under consideration.  It is the citizens responsibility to acquaint themselves with the local laws.

Duress Defense

The inducement of an individual to commit a crime not contemplated by him or her, undertaken for the sole purpose of instituting a criminal prosecution against the offender. (Name the defense)

Entrapment Defense

Any just cause or excuse for the commission of an act that would otherwise be a crime. (Name the defense)

Justification Defense

The two most notable examples of the Justification Defense are…?

Justifiable homicide and excusable homicide

What are the 4 main elements of the defense of consent?

a.      Victims must be capable of giving consent

b.     The offense must be a “consent able” crime

c.      Consent cannot be obtained by fraud

d.     The person giving consent must have the authority to do so.

A person claims to have engaged in an otherwise criminal behavior because of the forces of nature. (Name the defense)

Necessity defense

A relatively new defense and is used in the possession of marijuana charges where the marijuana was used appropriately for medicinal purposes. (Name the defense)

Medical Necessity

A _________________ for crimes is when at least one person is arrested, charged, and turned over to court for prosecution.

clearance rate

The ________________ is computed by the number of crimes reported to the police.

crime rate

This states that human is determined and not of free will and criminals are fundamentally different than noncriminal.

Positivism

This is present when the circumstances of the crime show that the offender must have consciously desired the prohibited result.

Specific Intent

This refers to conscious wrongdoing from which a prohibited result follows, even in the absence of a desire for that particular result.

General Intent

A throwback to some earlier stage in human evolution. This theory has been proven false over the years

Atavism

What are the five items of Anomie’s?

Conformity, Ritualism, Innovation, Retreatism, and Rebellion

Define conformity

Acceptance of cultural goals and the approved means for achieving them

Define ritualism

The rejection of society’s goals but acceptance of the means.

Define Innovation

The acceptable of cultural goals but rejection of the means

Define retreatism

The rejection of both the means and the goals of society

Define Rebellion

The rejection of goals and the means but aim to establish some new social order

Criminal behavior is learned in the same processes that non criminal behaviors are learned

Differential Association

If the accused was possessed of sufficient understanding when he/she committed the criminal act to know what he/she was doing and to know that it was wrong, they are responsible

M’Naughten Rule

The legal standard by which an accused is not held criminally responsible if he or she suffers from a diseased or defective mental condition at the time the unlawful act is committed.

Durham Rule

A condition of normative confusion in which the existing rules and values have little impact.

Anomie Theory