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38 Cards in this Set

  • Front
  • Back
1960s era?
warren, due process era, defendants win
1970s era?
berger, crime control emphasis era, prosecution wins
current supreme court chief justice
John Roberts
current justice distribution:
4 conservative, 4 liberal, 1 swing (kennedy)
8 great FBI offenses?
4 property, 4 violent
1. homicide
2. rape
3. aggravated battery/assault
4. robbery
5. burglary/B&E
6. auto theft
7. larceny theft
8. arson

all felonies except larceny (misdemeanor)
4 forms of illegal homicide
Murder I
Murder II
Voluntary Manslaughter
Involuntary manslaughter
Murder in the 1st degree
premeditation, willfulness (intent to kill), deliberation
Murder in 2nd degree
non-willing or non-premeditated
Voluntary Manslaughter
negates deliberation, seeing red, passion or provoked killing
Involuntary Manslaughter
negligent killing
Rape
most states have 2 deg. some have 3. must be at least 12 yoa, under 16 and more than 4 yrs age difference is statutory
1st degree rape
aggravated rape: statutory, weapon, harm, or aid and abet
2nd degree rape
rape without factors that raise it to first degree
simple assault
intent to assault, causing imminent fear (not usually tried in court)
simple battery
assault without imminent fear, not usually tried in court
aggravated assault
3 factors used to elevate from simple assault: assault with deadly weapon, excessive harm, intention to afflict excessive harm
robbery
felony because it is a violent form of larceny with resistance, force or threat
larceny
petty= less than $1000
larceny is a misdemeanor
arson
2 types: attempted and successful
breaking and entering
office/not home
burglary
breaking into a dwelling where people could be home
victimless crime
vice that has been criminalized (prostitution, marijuana, minor drug possession, public intoxication, DUI) where no one claims to be a victim
white collar crime
occupationally related crime (embezzlement, insider trading)
embezzlement
stealing what is entrusted to you (not taking from someone)
organized crime
more than 2 people responsible for different parts of the organization, providing illegal goods/services
UCR
uniform crime reports, predicts rate and trends rather than volume of crime. arrest only, doesn't count crimes known to the police that were not arrested. official from gov't
NCVS
National Crime Victimization Survey - 1972, multi-stage cluster sampling design, official from gov't
S-R
Self report indicator, not official
Problems with statistics
reflect police activity rather than crime, 35-40% reported, 60-65% non reported, sources of error stable year to year, doesn't count unknown (un arrested) crimes
reasons for problems in crime reports
1. victim under report (rape, petty larceny) lose 60%
2. police under-report, lose 10%
3. no fed. crimes in UCR, lose 1%
4. police discretion
5. deployment and administration
6. only the worst crime is reported in complex event
out of 29 crimes on the UCR which has a typical age range of 30+ years?
only one, gambling
4 major demographic characteristics for crime reports
1. age
2. gender
3. race/ethnicity
4. income level/social class
why did crime increase 100% in the 60s?
baby boomers were all teenagers
what is the only woman-dominated crime?
prostitution (65% women), all other crimes are male dominated due to physical size
crime percentages by race
blacks: 25% overall, 33% index, 45% violent, 53% homicide
McNaughton test for insanity
has to be unaware that the crime is wrong or is occurring, test of criminal responsibility (right or wrong)
due process model
makes sure trials are fair
crime control model
lookup