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60 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Conviction |
A formal declaration that someone is guilty of a criminal offense, made by the verdict of a jury or the decision of a judge in a court of law |
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Equity |
A sentencing concept that emphasizes that similar crimes be punished in similar ways and with similar severity |
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Prison |
A state or federal correctional institution housing those convicted of felony violations and sentenced to a period of incarceration for no less than a year |
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Jail |
A custodial facility generally located at the county seat and administered by the sheriff's office or a County Jail administrator; it is a temporary or short-term custodial facility (usually a year or less), which holds individuals detained pending adjudication or those who have been convicted of a crime. |
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Criminology |
An academic discipline that investigates the nature, extent, and causes of criminal offending and criminal victimization |
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Criminal justice |
The system of Institutions, policies, and practices with the goal of maintaining social control and deterring crime through sanctions and rehabilitation. |
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Misdemeanor |
An offense punishable by incarceration, usually in a local confinement facility, for a period of which the upper limit, typically a year or less, is prescribed by statute and a given jurisdiction |
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Felony |
A criminal offense that is more serious and generally results in a more severe punishment than a misdemeanor. |
Murder, rape, and robbery |
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Mala Prohibita |
Acts that are considered wrong only because there is a law against them |
Speeding |
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Mens Rea |
The state of mind (intent) that accompanies the particular act (actus reus) defined as criminal also referred to as the criminal or evil mind |
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Mala In Se |
Acts that are regarded, by tradition and convention, as wrong in themselves |
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Actus Reus |
The requirement that, for an act to be considered criminal, the individual must have committed an overt act that resulted in harm |
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Who creates the charges? |
Prosecutor |
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Victimless crime |
A legal offense to which all parties consent and no party is injured |
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Guilty Plea |
A guilty plea bypasses the need for criminal trial, insofar as the defendant is admitting guilt; sentencing will follow shortly after a guilty plea has been entered |
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Not guilty |
After the court accepts the not-guilty plea a trial date will be set in which the defendant's innocence or guilt will be determined by a judge (bench trial or a jury trial) |
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Nolo Contendere |
A no-contest plea is used when the defendant does not wish to contest conviction; sentencing will follow shortly after a no-contest plea has been entered |
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Cyber crimes |
Stalking, cyber bullying, identity theft |
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Restitution |
Repayment as part of the punishment for injury or loss |
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Violent Crimes Demographics |
Adult male 932 / 100000 Adult female 65 / 100000 Black non-hispanic male 3023 / 100000 White non-hispanic male 478 / 100,000 Black non-hispanic females 129 / 100000 White non-hispanic female 51 / 100000 |
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Unified crime report |
Compare crime across restrictions and overtime °come directly from local state, fed, tribal law enforcement agencies |
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UCR |
Violent: murder, forcible rape, aggressive assault, and robbery Prop: burglar, arson, mvt, larceny |
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Burglary v. Robbery |
To commit burglary you must enter a structure dwelling with the intent to commit a crime within it. You can be convicted without actually committing a crime within the building, and the crime you intend to commit does not have to be theft or robbery. |
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Dark Figure of Crime |
Crimes that to not come to the attention of the police because they were unreported, it was unclear a crime occurred or no one learned that a crime was committed. |
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National crime victim survey |
○Survey every year via phone ○ large sample size 80000 persons and 40000 households ○Advantage: dark figure of crime ○ Limitations: homeless cannot receive nor can children under 12 ○ cannot be accounted for murder |
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Are crime rates rising or dropping |
Rising |
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Primary goals of law |
Deterrence retribution: deserve or getting what they did, punishment Restitution: harm to the victim charge fines for restitution Rehabilitation: provide treatment for the offender's Incapacitation: black offenders way to committing crime |
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Civil Law |
Law that deals with disputes between individuals or organizations and typically seek some type of compensation for the harm party ○ the plaintiff has the burden of proving his case by a preponderance of evidence |
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Criminal law |
A specialized branch of the law dealing with the body of rules and regulations that specify the nature of and punishment for a criminal offense ○ the burden of proving the defendant's guilt is on the prosecution and they must establish that fact beyond-a-reasonable-doubt |
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Monetary Payment Civil Law |
Torts, Estates, contracts, and property |
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Case Law |
Law that is based on previous Court decisions and precedents |
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Infractions |
Violation of an administrative regulation, an ordinance, a municipal code, and in some jurisdictions a state or local traffic rule |
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Misdemeanors |
Less serious crime, punishable by fine, a year or less in jail |
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Felony |
○ a criminal offence z (murder robbery rape) that is more serious and generally results in more severe punishment than a misdemeanor ○One year or more in prison |
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Substantive Law |
The part of the law that defines crime and specifies punishments |
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Procedural Law |
The part of the law that prescribes in detail the methods or procedures to be used in determining and enforcing the rights of the accused |
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Cesare beccaria |
Italian criminologist, jurist, philosopher, and politician who is widely considered as the most talented jurist and one of the greatest thinkers of the Age of Enlightenment |
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Deterrence Theory |
Deterrence Theory contains principles about Justice which many of us find attractive because it conforms to what we recognize as fairness |
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Specific deterrence |
The notion that punishment serves to deter the individual being punished from committing crime in the future |
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General deterrence |
The threat of punishment will inhibit criminal behavior in all members of society |
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Code of Hammurabi |
The oldest known legal code, that established approximately 300 Provisions for family trade, real property, personal property, and labor. |
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Sir Robert peel |
○Established London's metropolitan police force ○ dub father of modern policin ○ Bobbies ○military structured |
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August Vollmer |
Father of American policing, Town Marshall of Berkeley, police should not be portrayed in the negative life |
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Miranda v Arizona |
They did not give him his rights nor did they tell him about it |
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Escobedo vs. Illinois |
Arrested for murdering his brother-in-law, violated 6th Amendment right to attorney |
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Mapp vs Ohio |
The rule that evidence seized in violation of 4th amendment may not be used at trial. Search without warrant |
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Roe vs. Wade |
Constitution protected a woman's right to an abortion prior to the viability of the fetus; the government regulation of abortions must meet strict scrutiny and judicial review |
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Terry vs Ohio |
Decision by the United States Supreme Court which held the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisked him or her without probable cause to arrest |
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Exclusionary rule |
This Doctrine was applied to the states and Mapp vs Ohio. The rule excludes from trial evidence that was obtained unlawfully which violates a person's constitutional rights |
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Plain view |
Don't have to have a warrant to search |
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Where can't search search dogs search |
They can't search the house |
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Reasonable suspicion |
An objective basis supported by specific facts for believing someone committed a crime |
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Probable cause |
In criminal law, the existence of more than a suspicion that a person has committed an illegal act |
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Fifth Amendment |
Imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law |
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14th Amendment |
Addresses citizenship rights and equal protection of the laws |
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Fourth Amendment |
Prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause |
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6th Amendment |
Guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one and a chance to confront the witnesses who is accusing the defendant of a crime |
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Due process |
Rules and principles designed to protect private rights of citizens |
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Zero tolerance |
Refusal to accept antisocial behaviour, typically by strict and uncompromising application of the law |
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Broken windows Theory |
Criminological theory of the norm setting and signaling effect of urban disorder and vandalism on additional crime and anti-social Behaviour |
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