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43 Cards in this Set
- Front
- Back
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What are the elements of crime?
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mens rea- intent. actus reus- the act of crime
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steps in the decision-making process
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1. identify and define the real issue. 2. gather the facts. 3. objectively analyze the issue. 4. develop as many alternative solutions as possible. 5. evaluate all the alternatives. 6. selected the decision to be made. 7. implement the decision. 8. follow-up and evaluate the decision
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three concentric circles of the justice process
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1. individual 2. societal. 3. criminal justice system.
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what are the three branches of government? responsibilities of each
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legislative- passing laws, state laws.
judicial- judges, supreme court executive- criminal, law enforcement, government, police |
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What is the purpose of criminal and civil law?
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to control crime, prevent crime, and to provide and maintain justice. to teach social expectations of society, to express the judgment of community condemnation, to protect citizens from criminal harm and punish wrong doers.
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Criminal defenses: insanity
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a person has to be sane at the time of trial or they are not competent to stand trial. must be declared competent to stand trial and capable of forming the necessary mens rea at the time of crime to be held accountable. under the law, mental illness and legal insanity are not the same.
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Criminal defenses:necessity
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necessary to do it to survive, protect someone or yourself. extreme circumstances someone was put in so they had to commit a crime
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Criminal defenses: duress
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threatened. committed a crime or sommitted criminal activity
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Criminal defenses: self-defense
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if you are in danger of being harmed you have a right to defend yourself. only to use the force necessary to stop the threat of harm not future attacks. you didnt provoke attack.
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Criminal defenses: entrapment.
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a combination of the objective test (reprehensible police conduct). and the subjective test (did the govt. induce an ordinarily lawful person to commit the crime)
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Discretion
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the ability of individuals in the criminal justice system to make operational decisions based on personal judgment instead of formal rules or offical info
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Decisiveness
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the ability to know when to act and when to temper actions. the cj professional must take into account the facts presented, the long term outcome desired and the impact of their actions on their department and the welfare of the citizens they serve
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Corpus delecti
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the "body of the crime" the body of circumstances that must exist for a criminal act to have occured. mens rea- the mental state, or requisite intent, required to establish guilt of a crime
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consensus model of law
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everyone would agree
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conflict model of law
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give us right, people in control not looking out
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crime control model
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CONTROL CRIME SO IT DOESNT HAPPEN goal- 1. determine crime. 2. protect public from crime 3. incompasitate criminals lock them up. goals can be acheived by- limit red tap of cs system, let PO do their job, make easier for PO to arrest criminals amount of probable cause for PO to make arrest. views- wrong doers responsible for own actions.
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due process model
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INDIVIDUAL RIGHTS ARE PROTECTED. goals- 1. protect individual power of state. reabilitate those convicted of crime. goals acheived by-ensure constituation right to be accused. Provide even guilty offenders rights. Views- were there possible reasons why they didnt.
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Stare decisis
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1. requires judge to look at previous cases. 2. stability 3. doesnt mean courts have to rule the same
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federalism
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shared soverignty between a central govt. and the individual states
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Proof beyond a reasonable doubt
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prosecutor has presented enough evidence legally obtained and properly presented that will convince an ordinary reasonable person that the defendant is guilty. possible probably certainty. probable cause. most cases substancial.
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Substantive criminal law
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Substantive- law that defines the rights and duties of individuals with respect to one another. how do you and i live in society together. "what is crime?" comes from common law, constitution, federal and state statutes.
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Specific versus general intent
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specific- 1st degree, premed. have to prove they did it. the actus reus and mens rea must be present if a crime is to occur. the law requires the offenders conduct must be the approximate cause of any injury resulting from the criminal act. a defendent who acts recklessly is more blame worthly than one that is criminally neglegant.
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Probable cause
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burden of pc requires more than mere suspicion. the officer must know of facts and circumstances that would lead to the belief that a crime has been committed. the individual committed the crime
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Stop and frisk
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based on reasonable suspicion. can detain as long as po diligently pursues investigation. frisks- a limited search of a person for offensive weapons. other evidence found often is admissible under the plain view exception. a frisk could a protective measure for police or citizens not a fishing expedition.
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Confession
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is a statement embracing all the elements of a crime. complete statemet relative to crime.
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Admission
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is a statment embracing some of the elements of a crime, must be voluntary, most comply with both the 5 and 6 amendments.
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bill of rights
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amendment 8, bail, fines, and punishment. no excessive bail, no excessive fines, no cruel and unusual punishments. first ten amendments to the us constitution. purpose is to prevent govt. from usurping the personal freedom of citizens. applied to stateactions through the use of the due process clause of 14th amendment
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Elements of the 4th Amendment
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the right of the people to be secure in their persons, houses, papers and effects against unreasonable searcches and seizures shall not be violated, and no warrants shall issue but upone 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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Elements of the 5th
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deals with admissibility of illegally obtained confessions and self incrimination. contains double jeopardy clause.
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Elements of the 6th Amendment
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speedy trial, impartial jury, informed of the nature of the accusations, confronted by witnesses, assistance of counsel
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Elements of the 14th Amendment
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no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the us; nor shall any state deprive any person of life, liberty, or property without due process law; nor deny to any person within its jurisdiction the equal protection of the laws
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What are the different standards of proof?
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beyond a reasonable doubt (criminal standard) clear and convincing evidence (consent) preponderance of evidence (civil standard) probable cause (arrest and search warrants) reasonable suspicion (stop and frisk)
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What are the elements of an arrest?
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authority- does PO have authority to arrest. intent. force- only enough pertaining to the arrest. custody- minor in possession. submission- go along with it.
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What is the Miranda warning and when is it legally required?
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the person must be warned the he has a right to remain silent, that anything he says can be used against him in a court of law, that he has a right to the presence of an attorney, and that if he connot afford an attorney one will be appointed for him prior to any questioning if he so desires. understanding rights.
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Arrest with and without a warrant
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with- covered by statutes. can be issued before or after arrest. custody or appearance ticket. can break into house. without- felony or misdemeanor committed in officers presence. felony where officer has proable cause to believe that a crime was committed and suspect committed it. only in felony situation in your presence.
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Search and seizure with and without a warrant
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with- if you search you must have warrant. 1. search incident to arrest. stop and frisk. plain view exception. exigent circumstances. consent. hot pursuit of a felon. emergencies. inventory. pervasively regulated industry. border searches. incident to a lawful arrest *most common* immediate control for arrest. can search whats there
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What is the exclusionary rule?
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evidence illegaly seized, to include improperly obtained confessions, shall be exc;uded from trials as evidence against the accused
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procedural criminal law
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rules that define the manner in which the rights and duties of individuals may be enforced. involves methods by which a crime is investigated and legal processes used in court to gain conviction. needs a warrent and probable cause to get it, needs it to marandize them in order to arrest them.
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Constitutional
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sets forth general organization and powers of govt, sets rights of citizens, serves as supreme law of the land. rights of pres, congress. case law inteprets constitutional rights.
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statutory
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laws enacted by legislative bodies- us congress, state legislatures, cities and counties. common lawand state statutes- many statutes codify existing common law.
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case
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rules of law announced in court decisions, how courts interpret statutes, precedents - stre decisis. using previous case decisions to support another.
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administrative
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the rules, orders, and decisions of regulatory agencies, a specific statute provides and regulatory agency the ability and responsibility to establish rules, orders, and decisions that may be enfored as laws.
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common, and ex-post facto laws
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after the fact. dont go back and let people out. forward, not backward.
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