CRJ 104 Review one

Criminal vs. Civil Law

Criminal Law involves prosecution by the government for wrongs against society (e.g., theft, assault). Civil Law addresses disputes between individuals or entities, typically concerning rights and obligations (e.g., contracts, property disputes).

Conflict vs. Consensus Theory

Conflict Theory posits that society is composed of groups with differing interests, leading to conflict, particularly in law creation. Consensus Theory suggests societal norms are widely shared, and laws reflect common values and beliefs.

Crime Control vs. Due Process Model

Crime Control Model emphasizes the efficient enforcement of laws to reduce crime. Due Process Model focuses on protecting individual rights and ensuring fair legal processes for the accused.

Discretion

Discretion refers to the power or authority of law enforcement and judicial officials to make choices based on their judgment, often related to enforcing laws and prescribing penalties.

Federalism

Federalism is a system of government where power is divided between a central authority and regional entities, allowing states to have their laws and regulations alongside federal statutes.

Municipal Ordinance

A Municipal Ordinance is a law enacted by a local government (e.g., city or county) for governing matters within its jurisdiction, such as zoning or public safety.

Defendant

A Defendant is an individual accused of committing a crime in a court of law or involved in a civil lawsuit.

Burden of Proof

The Burden of Proof is the obligation of a party in a legal proceeding to prove their case; in criminal cases, the prosecution must prove guilt beyond a reasonable doubt.

Procedural vs. Substantive Law

Procedural Law governs the methods and processes for enforcing the law. Substantive Law defines rights and duties, dictating what constitutes criminal behavior or legal rights.

Probable Cause

Probable Cause is a reasonable belief, based on factual evidence, that a crime has been committed or that certain property is connected to a crime.

Indictment vs. Acquittal

Indictment is a formal charge or accusation of a serious crime, usually initiated by a grand jury. Acquittal is a legal judgment that officially clears the defendant of the charges.

Nolo Contendere

Nolo Contendere (no contest) is a legal plea wherein the defendant does not admit guilt but accepts the punishment as if they had pleaded guilty.

Aggravating and Mitigating Circumstances

Aggravating Circumstances are factors that increase the severity of a crime or the punishment, while Mitigating Circumstances reduce the severity or culpability, possibly leading to lighter sentences.

Probation vs. Parole

Probation is a court-ordered period of supervision in the community instead of serving time in prison. Parole is the conditional release of a prisoner before completing their full sentence, under supervision.

Prison vs. Jail

Prison is a long-term facility for convicted criminals serving sentences for felonies, while Jail is a short-term detention center for those awaiting trial or serving brief sentences for misdemeanors.

Determinate vs. Indeterminate Sentencing

Determinate Sentencing involves fixed prison terms, while Indeterminate Sentencing allows for a range of time, often based on the offender's behavior and rehabilitation progress.

Status Offenses

Status Offenses are actions that are deemed illegal only because of the age of the offender, such as truancy or underage drinking.

Recidivate

To Recidivate means to relapse into criminal behavior after being previously convicted and punished.

Stare Decisis

Stare Decisis is the legal principle where courts follow precedents established in previous cases when making decisions.

Wedding Cake Model

The Wedding Cake Model illustrates the layers of the criminal justice system, highlighting the varying degrees of seriousness of cases (e.g., celebrated cases, serious felonies, lesser felonies, and misdemeanors).

Ethics

Ethics pertains to the principles and values that govern an individual's or group's behavior, especially within the context of law enforcement and the legal profession.

Misdemeanor vs. Felony

A Misdemeanor is a less serious crime, usually punishable by fines or short-term jail time. A Felony is a more serious crime that may result in substantial prison sentences or significant fines.

Lex Talionis

Lex Talionis is the principle of retributive justice, often expressed as "an eye for an eye," suggesting that the punishment should equal the severity of the offense.

Mens Rea

Mens Rea refers to the mental state or intent of a person while committing a crime, often considered a necessary element for establishing criminal liability.

Actus Reus

Actus Reus is the physical act or conduct that constitutes a crime, as opposed to the mental intent behind it.

Premeditation and Deliberation (P&D)

Premeditation refers to the planning or forethought before committing a crime, particularly in murder cases. Deliberation involves careful consideration before acting, indicating intent.

Murder and Manslaughter

Murder is the unlawful killing of another person with intent, while Manslaughter is the unlawful killing without premeditation or intent, usually under circumstances that mitigate culpability.

Felony-Murder Rule

The Felony-Murder Rule holds individuals accountable for murder if a death occurs during the commission of a felony, regardless of intent to kill.

Excusable Homicide

Excusable Homicide refers to unlawful killings that are justifiable or without malice, often due to self-defense or accidental situations.

M'Naghten Test

The M'Naghten Test evaluates a defendant's mental state, determining if they were aware of their actions or understood that what they were doing was wrong at the time of the crime.

Duress

Duress is a legal defense claiming that a person was forced or threatened into committing a crime against their will.

Uniform Crime Report (UCR)

The Uniform Crime Report (UCR) is an annual FBI publication that compiles data on reported crimes nationwide, aimed at providing a reliable set of crime statistics.

Crime Rate

Crime Rate refers to the number of reported crimes in a specific area relative to the population, often expressed per 100,000 individuals.

Hierarchy Rule

The Hierarchy Rule in crime reporting means that in incidents involving multiple offenses, only the most serious offense is counted in official crime statistics.

Moral Panics

Moral Panics occur when public fears or anxieties about a perceived threat (often related to crime or deviance) escalate, leading to societal reactions.

National Incident-Based Reporting System (NIBRS)

The National Incident-Based Reporting System (NIBRS) is an FBI initiative that collects detailed data on individual crime incidents, enhancing understanding of crime trends and patterns.

National Crime Victimization Survey (NCVS)

The National Crime Victimization Survey (NCVS) is a comprehensive survey collecting data on victims of crime, providing insight into unreported crimes and victim experiences.

Limitations of Measuring Crime

Limitations of Measuring Crime include underreporting, differing definitions of crimes, methodological inconsistencies in data collection, and potential biases impacting the accuracy of data.