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27 Cards in this Set
- Front
- Back
Index Crimes
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Something serving to point out; a sing, toke, or indication: as in a true index of his character
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Part 1 Index Crimes
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Most important crimes
Violent: murder rape aggravated assault (attempted murder) robbery |
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Part II Index Crimes
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all other offenses
DUI, fraud, drug crimes, gambling, embezzelment, etc. |
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Substantive Criminal Law
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defines crime and penalties
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Procedural Criminal Law
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rules designed to implement substantive law
based on Bill of Rights |
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Mens Rea
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Guilt mind or intent
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Civil Law
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Not criminal
regulates commerce, disagreements |
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M'Naghten Rule
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can't tell right from wrong
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Entrapment
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Police have the right to encourage criminal to commit a crime, but can't induce someone to commit a crime they otherwise would not have done
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Wedding Cake
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1-celebrated crimes
2-serious felonies 3-less serious felonies 4-misdemeanors |
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Courtroom work group
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the phrase used to denote that all parties in the adversary process work together in a cooperative effort to settle cases with the least amount of effort and conflict
involves: prosecutor, defense attorney, judge, and other court personnel |
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social control
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some behaviors are considered so dangerous that they must either be strictly controlled or outlawed outright; some people are so destructive that they must be monitored or even confined
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Uniform Crime Report (UCR)
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The FBI's yearly publication of where, when, and how much serious crime occurred in the prior year
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National Crime Victimization Survey (NCVS)
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The ongoing victimization study conducted jointly by the Justice Department and the U.S. Census Bureau that surveys victims about their experiences with law violation
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Felony
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A more serious offense that carries a penalty of incarceration in a state prison, usually for one year or more. Persons convicted of felony offenses lose such rights as the right to vote, hold elective office, or maintain certain licenses
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Misdemeanor
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A minor crime usually punished by less than one year's imprisonment in a local institution, such as a county jail
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Actus Reus
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An illegal act. Teh actus reus can be an affirmative act, such as taking money or shooting someone, or a failure to act, such as failing to take proper precautions while driving a car
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Strict Liability Crimes
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Illegal act whose elements do not contain the need for intent, or mens rea; usually, acts that endanger the public welfare, such as illegal dumping of toxic wastes
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Duress
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to prove duress, defendants must show they have been forced into committing a crime in order to prevent death or serious harm to self or others.
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Cyber Terrorism
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An attack against an enemy nation's technological infrastructure
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Cyber Crime
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Any illegal behavior that targets the security of computer systems and/or the data accessed and processed by computer networks
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Identity Theft
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Using the internet to steal someone's identity and impersonate the victim in order to conduct illicit transactions such as committing fraud using the victim's name and identity
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Phishing
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Illegally acquiring personal information, such as bank passwords and credit card numbers by masquerading as a trustworthy person or business in what appears to be an official electronic communication such as an email or an instant message.
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4th amendment
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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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5th amendment
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Protects against the abuse of government authority in a legal procedure
No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
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6th amendment
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence
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8th amendment
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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