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38 Cards in this Set
- Front
- Back
1960s era?
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warren, due process era, defendants win
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1970s era?
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berger, crime control emphasis era, prosecution wins
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current supreme court chief justice
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John Roberts
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current justice distribution:
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4 conservative, 4 liberal, 1 swing (kennedy)
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8 great FBI offenses?
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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) |
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4 forms of illegal homicide
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Murder I
Murder II Voluntary Manslaughter Involuntary manslaughter |
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Murder in the 1st degree
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premeditation, willfulness (intent to kill), deliberation
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Murder in 2nd degree
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non-willing or non-premeditated
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Voluntary Manslaughter
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negates deliberation, seeing red, passion or provoked killing
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Involuntary Manslaughter
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negligent killing
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Rape
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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
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1st degree rape
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aggravated rape: statutory, weapon, harm, or aid and abet
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2nd degree rape
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rape without factors that raise it to first degree
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simple assault
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intent to assault, causing imminent fear (not usually tried in court)
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simple battery
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assault without imminent fear, not usually tried in court
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aggravated assault
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3 factors used to elevate from simple assault: assault with deadly weapon, excessive harm, intention to afflict excessive harm
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robbery
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felony because it is a violent form of larceny with resistance, force or threat
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larceny
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petty= less than $1000
larceny is a misdemeanor |
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arson
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2 types: attempted and successful
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breaking and entering
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office/not home
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burglary
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breaking into a dwelling where people could be home
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victimless crime
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vice that has been criminalized (prostitution, marijuana, minor drug possession, public intoxication, DUI) where no one claims to be a victim
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white collar crime
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occupationally related crime (embezzlement, insider trading)
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embezzlement
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stealing what is entrusted to you (not taking from someone)
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organized crime
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more than 2 people responsible for different parts of the organization, providing illegal goods/services
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UCR
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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
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NCVS
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National Crime Victimization Survey - 1972, multi-stage cluster sampling design, official from gov't
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S-R
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Self report indicator, not official
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Problems with statistics
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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
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reasons for problems in crime reports
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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 |
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out of 29 crimes on the UCR which has a typical age range of 30+ years?
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only one, gambling
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4 major demographic characteristics for crime reports
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1. age
2. gender 3. race/ethnicity 4. income level/social class |
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why did crime increase 100% in the 60s?
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baby boomers were all teenagers
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what is the only woman-dominated crime?
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prostitution (65% women), all other crimes are male dominated due to physical size
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crime percentages by race
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blacks: 25% overall, 33% index, 45% violent, 53% homicide
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McNaughton test for insanity
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has to be unaware that the crime is wrong or is occurring, test of criminal responsibility (right or wrong)
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due process model
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makes sure trials are fair
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crime control model
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lookup
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