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53 Cards in this Set
- Front
- Back
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What is a defense?
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When criminals claim they are not guilty of the crimes they are charged with.
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Why are laws created?
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To regulate human behavior and define rights between and among individuals, organizations, and political entities.
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What is the supreme law of the nation?
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The U.S. Constitution
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What does the U.S. Constitution prescribe?
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The workings of democracy
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When was the Declaration of Independance written?
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1776
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When was the U.S. Constitution ratified?
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1789
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Why was the U.S. Constitution ratified?
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To create uniform system of fundamental laws.
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Which branch enacts the laws?
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Legaslative Branch
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Which branch enforces the law?
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Executive Branch
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Which branch determines if violations of the laws occur?
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Judicial Branch
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What does the order of authority of law include?
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The federal Constitution, the federal treaties with other nation-states, acts of Congress, state constitutions and statutes, case law, and common law.
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What is equity (in ref. to law), and what does it encourage?
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Social justice which encourages changes in laws and prescribes adherance to the principles of justice and fairness.
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Who has the ultimate power to enforce the laws?
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The people/citizens of the democracy.
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What is criminology?
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The scientific study of the causes and prevention of crime.
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How are causes of crime explained?
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Through theories drawn from psychological/psychiatric, scientific, sociologoical, physiologial/biological, economic, drug use, dempgraphic, urbanization, cultural, and expectations perspectives.
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What are some crime prevention strategies?
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Education, treatment, diversion, rehabilitation, and deterrence through law enforcement and security,
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What are the most effective crime prevention strategies?
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Early intervention
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What are recidivists?
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Repeat criminals
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What are the types of crime?
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Economic, organized, domestic, street, victimless, terrorism, workplace violence, and hate crime.
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What is economic crime?
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The violation of the criminal law designed to reward the criminal financially.
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What is Organized crime?
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A relatively permanent group that systematically engages in illegal activities and provides illegal services.
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What is Domestic crime?
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The violence perpetrated against family members or individuals in a past or present intimate relationship.
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What is street crime?
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People who perpetrate crimes that people fear the most.
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What is Victimless crime?
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Offenses that participants engage in voluntarily.
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What are examples of Victimless crimes?
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Illegal gambling, prostituton, drug abuse, public drunkenness, and pornagraphy.
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What is terrorism?
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The use of threats, or violence to itimidate orcoerce.
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What is Workplace violence?
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A term applied to situations involving threats to or violence against persons in the workplace.
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What is Hate crime?
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A reference to offenses motivated by prejudice or hate against others because of their race, nationality, gender, or sexual orientation.
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Who submits reports for the Uniform Crime Reports at the FBI?
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Police jurisdictions throughout the US.
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What do the Index Crimes include?
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the offenses against persons; violent crimes & nonviolent crimes
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What are some violent crimes?
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Murder, nonnegligent manslaughter, forcible rape, robbery and aggravated assault.
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What are some nonviolent crimes?
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Burglary, larceny, and motor vehicle theft.
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What is the National Crime Victimization Survey?
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Data collected by the Dept. of Justice of Justice statistics, and Bureau of the Census
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When was the National Incident-Based Reporting System introduced?
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1989
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What are case laws?
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Judicial decisions
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What is common law?
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Law that is based on custom or tradition
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What are the products of legislative activity?
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Statutes and ordinances
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Where did Common law originate?
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England
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How must interpretations of the laws be construed?
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In terms of relationship to other laws, the intent of the legislature, and the scope of the law's impact
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What is Substantive criminal law?
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The definitions of criminal behaviors, and prescribes a penalty for violations.
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What is Procedural criminal law?
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The process through which the substantitive criminal law.
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What does Private or civil law refer to?
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Contracts, torts (civil wrongs for which the law provides a remedy) and property law.
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How is a crime generally defined?
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An offense against society
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How is crime specifically defined?
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An intentional act, or omisiion to act, in violation of the criminal law (penal code), committed without defense or justification, and sanctioned (punished) by society (government) as a felony, misdemeanor, violation, or infraction.
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What are the essential elements of crimes?
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A culpable mental state, guilty mind, or criminal intent, an act or omisiion to act and a casual legal connection between the act intent and the act itself.
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What is criminal intent?
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A design, resolve or purpose of the mind
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What is the meaning of mens rea?
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Guilty mind
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What is the definition of guilty mind?
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The element of a crime that focuses on the offender's intent to commit a criminal act.
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What are the four different types of intent fall?
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General, specific, transfered, and criminal negligence
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What is general criminal intent?
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Merely foing the act
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What does specific criminal intent require?
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A specifically intended and desired result.
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What may a person be liable for in transferred, or constructive, criminal intent?
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For unintended consequences
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What is criminal negligence?
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The failure to exercise the degree of care that a reasonable and prudent person would exercise under similar circumstances
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