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53 Cards in this Set
- Front
- Back
What are the three components of criminal justice?
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Police, courts, corrections
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conduct in violation of the criminal laws of a state, the federal government, or local jurisdiction or excuse.
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crime
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the process by which procedures that feel fair to those involved are made
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procedural fairness
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a condition said to exist when a group is faced with social change, uneven development of culture, maladaptiveness, disharmony, conflict, and lack of consensus
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social disorganization
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the condition of society characterized by social integration, consensus, smooth functioning, and lack of interpersonal and institutional conflict
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social order
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American society was built upon a delicate balance between _________ and the need for ________
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(1) the demand for personal freedoms (2) public safety |
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the accused has these common law, constitutional, statutory, and humanitarian rights: justice for the individual, personal liberty, dignity as a human being, the right to due process
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individual rights
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those individual rights must be effectively balanced against these community concerns: social justice equality before the law, the protection of society, freedom from fear
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public order
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one who believes that under certain circumstances involving a criminal threat to public safety, the interest of society should take precedence over individual rights
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public order advocate
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the principle of fairness; the idea of moral equity
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justice
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an ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong
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social justice
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the civil law, the law of civil procedure, and the array of procedures and activities, having to do with private rights and remedies sought by civil action
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civil justice
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the criminal law, the law of civil procedure, and the array of procedures and activities having to do with the enforcement of this body of law
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criminal justice
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enforce the law investigate crime apprehend offenders Reduce and prevent crime Maintain public order Ensure community safety provide emergency and related community service protect fundamental rights and freedoms of individuals |
police
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conduct fair & impartial trials decide criminal cases ensure due process determine guilt or innocence impose sentencing on the guilty uphold the law require fairness throughout the justice process protect the rights & freedoms of anyone facing processing by the justice system provide a check on the exercise of power by other justice system agencies |
courts
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carry out sentencing imposed by the courts provide safe and humane custody and supervision of offenders protect the community rehabilitate, reform, and reintegrate convicted offenders back into the community respect the legal & human rights of the convicted |
corrections
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a criminal justice perspective that assumes that the systems components work together harmoniously to achieve the social product we call justice
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consensus model
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a criminal justice perspective that assumes that systems components function primarily to serve their own interest. Justice is more a product of conflict among agencies within the system than it is the result of cooperation among component agencies.
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conflict model
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criminal laws and the criminal justice institutions, policies, and practices that achieve justice in the present without compromising the ability of future generations to have the benefits of a just society
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sustainable justice
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a right guaranteed by the 4th, 5th, 6th, and 14th amendment of the constitution
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Due process
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congress shall makes 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
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Amendment I
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A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms and shall not be infringed
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Amendment II
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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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Amendment IV
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No person shall be held to answer for capital, or otherwise infamous crimes, unless on a presentment or indictment of grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in the 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 life, liberty, or property, without due process of law; nor shall private property be taken for public use, without compensation
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Amendment V
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In all criminal prosecutions, the accused shall enjoy the right to a speedy trial(& public) 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 in his favor, and to have the assistance of counsel for his defense
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Amendment VI
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
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Amendment VIII
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What are considered Part 1 offenses?
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murder robbery rape burglary larceny aggravated assault arson |
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the unlawful killing of a human being
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murder
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unlawful sexual intercourse achieved through force and without consent
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rape
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unlawful taking or attempt taking of property that is in immediate possession of another by force or violence and/or by putting the victim in fear
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robbery
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unlawful entry of a structure to commit a felony or a theft (exclude tents, trailers, and other mobile units used for recreational purposes)
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Burglary
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theft or attempted theft of a motor vehicle
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motor vehicle theft
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the unlawful taking or attempt taking, carrying, leading, or riding away of property from the possession or constructive possession of another
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larceny
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the unlawful, intentional inflicting, or attempted or threatened inflicting, of serious injury upon the person of another
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aggravated assault
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any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another and so on
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Arson
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Who is responsible for compiling the annual UCR (Uniform Crime Report)?
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The FBI
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crime typology stalking cyber stalking |
Special categories of crime
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a classification of crimes along a particular dimension, such as legal categories, offender motivation, victim behavior, or the characteristics of individual offenders
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crime typology
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What are common criminal justice issues?
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Elderly hate crime white collar crime organized crime transnational organized crime gun crime drug crime cybercrime terrorism |
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Purpose for laws?
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maintain order in society regulate human interactions enforce moral beliefs enhance predictablity support the powerful promote orderly social change sustained individual rights redress wrongs identify wrongdoers mandate punishment and retribution |
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General categories of crime?
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felonies misdemeanors offenses(infractions) |
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General features of crimes?
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actus reus mens reus concurrence (purposeful, knowingly, reckless, negligence) |
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a rule of conduct, generally found enacted in the form of a statue, that prescribes or mandates certain forms of behavior
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law
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written or codified law; the "law on the books" as enacted by a government body or agency having the power to make laws
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statutory laws
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the written, organized, and compiled, form of the criminal laws of jurisdiction
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penal code
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the body of judicial precedent, historically built on legal reasoning and past interpretations of statutory law
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case law
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no longer a concern
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common law
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the philosophy of law
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jurisprudence
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precedent
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case law
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a wrongful act, damage or injury not involving to breach of conduct
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tort
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body of law that allow the government to control the activities of industries, businesses, and individuals
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administrative law
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requires no mental state; makes it a crime to simply do something without the intention of violating the law
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Strict liability
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a person's reason for committing the crime
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motive
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