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43 Cards in this Set

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First Amendment

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Second Amendment

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

3rd Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of War, but in a manner to be prescribed by law

4th amendment

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 practically describing the place to be searched, and the persons or things to be seized.

Fifth Amendment

No person shall be held to answer for a capital or otherwise Infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or Naval forces, or in the mattila, 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, just compensation

6 Amendment

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 wherein 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 to obtain Witnesses in his favor, and to have the assistance of counsel for his defense.

What is crime?

A wrong against Society proclaimed by law and Kama if committed under certain circumstances, punishable by Society

Different societies can have vastly different ideas of what constitutes a crime

The Consensus Model

members of a society come to a basic agreement regarding shared norms and values. Individuals who do not conform to these Norms are a threat and must be sanctioned. Influences by public morality and public pressure.

The conflict model

Society is to diverse for members to share moral attitudes. The most politically powerful members of society based on race, income, age and class have the most influence on criminal law and impose their value system on the rest of the community. The group and power Define what are crimes.

And integrated definition of crime

Punishable under criminal law, at the terminal by the majority, or in some cases, by a powerful majority. Considered an offense against society as a whole and persecuted by public officials, now the victims and their relatives or friends. Punishable by sanctions that bring about the loss of personal freedom or life.

Criminal law is combined of 6 types of crime

Violent crime, property crime, public order crime, high tech crime, white collar crime, organized crime.

The purpose of the Criminal Justice System

Justice and fairness, to control crime, to prevent crime, to provide and maintain Justice.

Specific goals of our CJ s

Productivity from future Crimes of the most dangerous offenders. Determine when an offense has been committed provide appropriate punishment for that offense. We have you like those offenders who have been punished so it is safe for them to return to society. Support Crime Victims and return them back to their pre-crime status.

The formal criminal justice process

Functions of an assembly line. A series of routinized operations whose success is Gage primarily by their tendency to pass the case along to a successful conclusion

Criminal justice process

The criminal control module

Law enforcement must be counted on to control criminal activity. Control is difficult and probably impossible. This is a must be quick and efficient. Please her in a better position than courts to determine guilt.

The due process module

Strive to make it difficult to prove guilt. Ultimate goal fairness, not efficiency. We're Jack's idea of a criminal justice system with unlimited Powers. Criminal Justice System should be recognized its own capability of making mistakes. Relies heavily on court.

Criminology

The scientific study of crime and the cases of criminal Behavior

Criminologists

A specialist in the field of crime and the causes of criminal Behavior

Criminologists attempt to discover

Correlation, the relationship between two measurements or behaviors that tend to move in the same direction.


Causation, a relationship when one variable causes a change in another period

Theory

An explanation of a happening or circumstances based on observation, experimentation and reasoning

Hypothesis

A possible explanation for an observed occurrence that can be tested by further investigation

Scientific method

Rational Choice Theory

Wrongdoers act as if they were the possible benefits of criminal or deliquent activity against the expected costs of being coordinated.


This is what's the current justice system is based on

Three elements of rational Choice Theory

Availability of a suitable Target, motivated offender, lack of guardianship

Trait theories

Biology, psychology

Biology theories

Study of biochemistry, hormones, testosterone Kama neurological, fetal malformation

Biosocial Theory

Is an equation of biology and social environment discuss negative and positive social environments these theories are rooted in hard Sciences. If you are biologically predisposed to Crime it isn't for one conclusion that you will be involved in a life of crime

Victims rights

Right to be informed, right to be present, right to be heard, restoration, victim services. Brisket victimization as a likely offender, suitable Target, the absence of a capable Guardian.

Written sources of criminal law

Supremacy clause

Federal laws the supreme law of the land of shelter van in conflict with State and Constitutions or statuettes

Ballot imitative

Since of state, by collecting Enough signatures, can force a public vote to change law

Model penal code

Capital fences maximum penalty


First degree felony maximum penalty life


Second degree felonies maximum of 10 years imprisonment


Third degree felony maximum five-year president

Mala in SE

Criminal. If it's considered wrong even if there was no law prohibiting it

Mala prohibited

Acts considered crimes only because they have been codified as a status it is prohibited and therefore wrong

Defenses available under the law

Infinity, infinity, intoxication, with steak

Miranda Rights

You are the right to remain silent anything you say can and will be used against you in the court of law you have the right to attorney if you cannot afford an attorney one will be appointed to you

what do police

Enforce laws provide services for that crime preserve the peace

Minimum requirements to become a police officer

U.s. citizen, not convicted of a felony, have ever be eligible to have a driver's license, 21 years old, meet weight eyesight requirements

Different kinds of law enforcement agencies

Local police departments, Sheriff's Department common special police agencies, state police departments, federal law enforcement agencies

Federal law enforcement agencies

Department Homeland Security US Customs and Border Protection us Immigration and Customs Enforcement u.s. Secret Service u.s. Coast Guard Transportation Security Administration Federal Emergency Management agency

Federal law enforcement agencies

Department of Justice Federal Bureau of Investigation drug enforcement agency Bureau of Alcohol Tobacco firearms and explosives and US Marshals

Difference of grand jury and preliminary hearing

In a peliminary hearing a cases and appreciated by a prosecutor is conducted before the case is presented to the grand jury the pulmonary hearing must be requested by the defendant but if no one request the solicitor can it take the case before the hearing is held. A grand jury. Could have to buy the grand jury which is a Padalecki people who meet once a month to go to the case to be presented they preside over all the cases for the day not just one case as is the case is a criminal trial. The big difference is the grand jury hearing is mandatory and once the grand jury hearings down the pulmonary hearing cannot be done