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85 Cards in this Set
- Front
- Back
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Crime
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conduct that violates criminal law for which there is no legally accepted justification or excuse.
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What do individual rights advocates fight for?
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…seek to protect personal freedoms within the process of criminal justice.
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What do public order advocates fight for?
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…suggest that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.
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general definition for justice
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… principle of fairness,
the ideal of moral equity… |
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Civil Justice
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deals with FAIRNESS IN RELATIONSHIPS
-between citizens, business and customers, government agencies |
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Criminal Justice
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deals with protecting the innocent, and VIOLATIONS OF CRIMINAL LAW
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three enforcement agencies of justice
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police, criminal courts, correctional agencies
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role of police in "system"
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gather evidence, issue warrants, make arrests, and book individual in jail
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warrant
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…a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it.
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booking
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rights are informed to person, fingerprints/photos/personal info taken, records are entered into computer of incident
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First appearance
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Suspect informed of charges and advised of his/her rights.
given lawyer if cannot afford one this is where BAIL is offered if any |
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preliminary hearing purpose
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purpose to decide whether there is sufficient evidence to continue process
prosecutor gives "information"- formal statement of what happened grand jury may issue indictment- stating that it is probable person did this |
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At arraignment
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defendent enters plea of either guilty, not guilty, or no contest
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6th ammendment
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guarantees right to trial by jury
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next step
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most cases end in plea bargaining and never go to trial. if goes to trial person must be proven without a reasonable doubt guilty
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consecutive vs concurrent sentencing
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consecutive=one after another
concurrent=all in one(most are this way) |
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1st ammendment
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freedom of speech
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2nd ammendment
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freedom to bear arms
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3rd ammendment
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prohibits quartering of soldiers in one's home
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4th ammendment
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protects against unreasonable search and seizure
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5th ammendment
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"i plead the 5th"
freedom to not give yourself up. u have the right to shutup and not answer certain questions |
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6th ammend
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right to trial by jury
AND speedy trial |
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8th ammend
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prohibits excessive bail, fines, or cruel and unusual punishment
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2 ways to nationally measure crime
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uniform crime reports-UCR(recording of crime by incident involving police officer "in uniform") covers type 1 and type 2 offenses
NCVS-National crime victimization service(you get something in the mail) |
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what replaced the UCR system
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UCR/NIBRS
still collected same way and given to fbi. however, there are no type 1 and type 2 offenses recorded. there are 22 general offenses recorded and to greater detail for better statistics |
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Advantage and disadvantage
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UCR/NIBRS- doesnt account for all crimes committed like the NCVS would, but is more official
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crime trends
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during ww2-less crime as young men were fighting war
60s-90s-more crime as reporting got better 90s-06 funding for police increased greatly and crime was reduced 06-on crime slightly increasing due to economic uncertainty, copycat crimes, more teen violence |
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clearance rate
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crimes solved/crimes reported
burglary of homes, and theft of property and autos has a high clearance rate |
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killing spree
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killing one person after the next at different occasions
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mass murdering
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killing more than three people in one setting at one time
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serial killing
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several victims killed at 3 different occasions
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forcible rape
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…the carnal knowledge of a female forcibly and against her will.
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about rape
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most rapes not reported
most are date rape-committed by someone you actually knew |
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robbery
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the theft of belongings that are in immediate control or possession of owner
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burglary
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…unlawful entry of a structure to commit a felony or theft.
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assault and aggravated assault
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assault- threating someone with danger to their body or life
agg assault- threat with a deadly weapon |
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larceny theft
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theft from car, theft from office,
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carjacking
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the taking of a motor vehicle directly from the owner by force
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arson
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…the burning or attempted burning of property, with or without the intent to defraud.
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part 1 offenses
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what was just covered
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part 2 offenses
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Simple assault
Driving under the influence Prostitution Vandalism Receiving stolen property Fraud Embezzlement |
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"dark figure of crime"
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there are crimes known to police adn the unknown ones(dark figure of crime)
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women and crime
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more likely to adjust lifestyle due to threat of crime
more likely to get hurt and victimized in crime |
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elderly victims
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just like women victims they have it worse
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corporate crime=
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white collar crime
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drug crime
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trend has 4x the prosecutions as 20yrs ago
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criminologists-what they do
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study crime and solve for solutions to stop crime
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crime vs social deviance
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crime-defiance of written law
social deviance-defiance of a social norm |
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major theories and schools of thought on crime (there are 8)
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Classical
Biological Psychobiological Psychological Sociological Social Process Conflict Emergent |
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classical vs neoclassical thought
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classical states: crime is done by free will, quick and certain punishment will deter crime, pain and pleasure are 2 main things that drive human behavior
neoclassical-adds to classical that people think before they do things, they add rationale |
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2 neoclassical theories
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rational choice-people commit crime when benefits outweigh risk
routine activites-bad lifestyle inevitably leads to crime |
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biological theories
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can be genetic
can be passed from generation to generation some behavior is traces of more primitive times |
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phrenology
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study of the shape of the head and its relationship to human behavior, focused on the head and brain in what Gall called “crainioscopy.”
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atavism
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certain charactistics of humans are more primitive and people with the more dominant of these features are more out of control and more likely to commit crime
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idea of criminal families
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some families are just more likely to commit crime
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psychobiological theoris
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that crime is promoted by certain DNA, hormones, nutrition, and environmental contaminants
biocriminology studies this |
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psychological theories
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the individual is the sole cause
can be caused by personality, or un conditioned behavioral issues or diseased mind |
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Psychopath
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a person with a personality
disorder, especially manifested in aggressively antisocial behavior, which is often said to be the result of a poorly developed superego. |
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being "psychotic"
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are people who are said to be out of
touch with reality. |
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schizophrenic
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people with disordered or
disjointed thinking in which they make abnormal logical connections between things. |
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sociology theories
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arrangement of society, groups in society, social disorganization leads to crime
its the environment not the person |
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a state of anomie
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when a person is in a state of normlessnesss
for example, they must conform, innovate, retreat, reject goals, or rebel |
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social ecology theory
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mapping of a city and finding where crime occurs. crime based on location
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subcultural theory
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the reaction of lower class to issues of today, (rebeling)
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social process theory
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how one develops towards society
do they develop self esteem issues due to societal norms? relationship of person to a social group |
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differential association
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crime is learned from group or someone else.
people learn how to behave through observation of others-social learning theory |
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social containment of behavior
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not acting a way due to friends and family OR inner beliefs
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life course perspective
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crime is linked to events in one's life
if youve always stole, then whats the difference.... |
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conflict theory of crime
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states that as there are many groups in society, problems are inherint in nature(think karl marx)
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a law
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is a rule of conduct, generally
found enacted in the form of a statute, that proscribes or mandates certain forms of behavior. |
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statutory law
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the actual written law-law on the books
in criminal law, these are called penal codes |
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case law
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law that results from legal results in court
stare decises- states that precedent should be upheld from previous cases |
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Jurisprudence
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philosophy/study of the law
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common law
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everyday occurances of practices that may be supported by law
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criminal law
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offenses against society
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substantive law vs procedural law
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substantive states the law:what crimes and the punishment to go with it
procedural law states how investigation and corrections and legal proceedings should occur |
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civil law
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crimes in civil area called torts
governs relationships between parties |
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administrative law
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rules and policies issued by governmental agencies
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5 types of crime
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Felonies
Misdemeanors Offenses (infractions) Treason and espionage Inchoate offenses |
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felony
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1 yr or more in prison up to death
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inchoate offenses
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crimes that are not yet completed
conspiring to blow up a building attempts at a crime |
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misdemeanor
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punishuble up to 1yr in local jail
not as serious of a crime |
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actus reus vs mens rea
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the committing of an actual CRIME
vs the culpable mental state when committed |
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strict liability offenses
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offenses that require no mens rea-
example: traffic infractions |
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4 typical defenses to a crime
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Alibi- I wasnt there
Justifications-I was justifed in what I did Excuses- I did it but Im young or under duress(i was forced to) Procedural defenses-Yes i did it but the police were fucked up |
