First Criminal Justice Test

Front 1

criminal justice system

Back 1

a series of decision points and decision making
1.law enforcement
2.prosecutors
3.courts
4.corrections

Front 2

factual guilt

Back 2

guilty in fact but not proven of provable in court

Front 3

presumption of innocence

Back 3

the government always has the burden to justify its use of power even against people who turn out to be guilty

Front 4

misdemeanor

Back 4

minor offenses punishable either by fines or up to one year in jail

Front 5

felony

Back 5

capital felonies are crimes punisheable by death or life imprisonment, ordinary felonies are crimes punishable by one year or more in prison

Front 6

criminal career

Back 6

if a person has ever committed a crime they have a criminal career. Some are very short and some are long

Front 7

due process

Back 7

the right to fair procedures

Front 8

elements of a crime

Back 8

1.The criminal act(the physical element)
2.The criminal intent(the mental element)
3.the concurrence of the criminal act and the criminal intent

Front 9

levels of intent

Back 9

1.Purposeful
2.Knowing
3.Reckless
4.Negligent

Front 10

clear a crime

Back 10

a crime is cleared when agencies identify the individuals they believe committed the crime

Front 11

white collar crime

Back 11

crimes committed by respectable people or at least respected business and professional people

Front 12

adversary system

Back 12

getting the truth by fighting in court according to the formal rules of criminal procedure

Front 13

legal guilt

Back 13

guilt proven or provable in court

Front 14

presumption of guilt

Back 14

view that the people caught up in criminal justice are probably guilty

Front 15

crime

Back 15

a crime occurs when someone breaks an established law
-misdemeanors
-felonies

Front 16

career criminal

Back 16

individuals who start committing crimes very early and continue to commit crimes throughout their lives

Front 17

crimes against the state

Back 17

These are crimes that affect the interests of the state or its administration

Front 18

insanity

Back 18

focuses on whether a mental disease of defect impaired the defendants' is an excuse.
-right-wrong test
-irresistable impulse test
-substantial capacity test

Front 19

moral panic

Back 19

a mass movement based on the false or exaggerated perception that some cultural behavior or group of people, frequently a minority group or a subculture, is dangerously deviant and poses a menace to society.

Front 20

decriminalization

Back 20

the process of making an action no longer a criminal act in the relevant jurisdiction.

Front 21

4 types of justice

Back 21

1.Distributive-deals w/distribution
2.Commutative-deals w/exchange
3.Retributive-works for retribution
4.Restorative-Geared toward victims

Front 22

criteria for judge justness

Back 22

1.Prior Warning
2.Proportionality or just deserts
3.Equality
4.Due Process

Front 23

difference between substantive justice and procedural justice

Back 23

substantive- guilty are punished innocent are not
procedural- accused persons are given due process

Front 24

evidenced based crime policy
-why is it worthwhile?

Back 24

requires policies to be based on a solid foundation of evidence drawn from the best research.

Front 25

President's Crime Commission's Model

Back 25

advantages: systematic in nature of CJ, decision making, case attrition
disadvantages: oversimplifies the variety of CJS, overstates the systematic nature, ignores the importance of informal decision making

Front 26

Wedding cake model

Back 26

advantages: highlights that not all cases are treated equal, handling of cases influenced by a variety of legal and extra-legal factors.

Front 27

describe CJS using the rational decision making model

Back 27

emphasizes the idea of decision making and discretion, decision-determine goal, identify alternatives, obtain info

Front 28

restorative justice

Back 28

based on the basic nature of crime being the harm of individuals and their relationships, a harm that has to be repaired and healed

Front 29

restorative vs. retributive justice

Back 29

crime is a harm to individuals and their relationships vs. crime is a violation of the criminal law and all of society is the victim

Front 30

Packer's crime control and due process models

Back 30

crime control model- focuses on the need to protect people and their property for the good of the whole society
due process model-it's more important to guarantee the right of individuals to fair practices than to catch criminals

Front 31

criminal law vs. criminal procedure

Back 31

criminal law-tells private individuals what behavior is a crime and lays down the punishment for it
criminal procedure-tells government officials the extent and linits of their power to enforce the criminal law, and it sets out the consequences for illegal official actions

Front 32

purpose of criminal law

Back 32

it is necessary to condemn certain behaviors in every society

Front 33

criminal law

Back 33

criminal law-crime is a public offense, sanction is incarceration, fine, or death, right of enforcement=state, gov ordinarily doesn't appeal, fines goto state

Front 34

legal defenses to crime liability

Back 34

1.Alibi
2.Justification
3.Excuse

Front 35

tort law

Back 35

civil or private wrong, sanction is monetary damages, individual brings the action, both parties can appeal, the individual receives damages

Front 36

issues involved in the debate to abolish the insanity defense

Back 36

-is a loophole
-abolishing the insanity offense will not have a serious effect on crime
-rarely used or works
-difficult to predict their dangerousness
-insanity defense helps establish criminal intent

Front 37

pros/cons of decriminalizing "victimless crime"

Back 37

-overburdens system
-no consensus of wrongness of acts
-supports organized crime
-corrupts system
-private choice
-treat as public health problem

Front 38

who is likely to be a victim of crime

Back 38

men>women
young>old
single>married
Arfican American>white
low class>upper/middle

Front 39

change of role/treatment of victims in CJS

Back 39

colonial times-victim played huge role
1800s-1960
1960-present
-treat victims w/compassion and respect
-inform victims of critical stages in the trial
-invite victims to attend and comment on trial proceedings

Front 40

changes brought about through the victim's right movement

Back 40

states have established victim-witness assistance programs
-some added to state constitutions

Front 41

does creation of victim rights legislation make a difference

Back 41

-have little effect on sentencing or punishment of offenders
-make victims feel better

Front 42

various attempts at gun control

Back 42

-ban manufacture/sale of guns
-regulate sale/possession
-restrict carrying of weapons
-Bartley-fox & Kansas City gun experiment
-stiffer penalties for gun crimes

Front 43

which gun control policies are effective

Back 43

only effective one seems to be policies directed at how people use guns (Bartley-Fox & Kansas City Gun Experiment)

Front 44

according to Kleck, why are gun control efforts ineffective

Back 44

banning one weapon(specials) will simply lead to the substitution effect of another weapon, specials are primarily chosen by lower class

Front 45

connection between drugs and crime

Back 45

1.drug use causes non-drug crime
2.non-drug crime leads to drug crime
3.some other factor leads to both

Front 46

various strategies to control drugs, which are effective

Back 46

-Supply Reduction
-source control, border control, arresting sellers
-Demand Reduction
-Arrest users, treatment, prevention

Front 47

major ways of measuring crime

Back 47

official police reports(UCR, crime index, NIBRS), victim surveys(NCVS), self-reports

Front 48

advantages and disadvantages of measuring crime

Back 48

crime is measured to...
1.get description
2.risk assessment
3.program evaluation
4.explanation

Front 49

how is National Incident Based Reporting System an improvement on the UCR

Back 49

the NIBRS includes details about each crime
-collects info about 2 groups of offenders
-more detailed

Front 50

major finding of Marvin Wolfgang's cohort study

Back 50

small % of boys committed a large % of the total crime
-most people stop committing crime relatively young

Front 51

policy significance from Wolfgang's study

Back 51

if we could identify the small % who become career criminals we could eliminate much of the crime

Front 52

racial disparity

Back 52

a difference in the proportion involved in criminal justice and the proportionin the population

Front 53

how have racial disparities in prison changed
why?

Back 53

the black percentage among prisoners has increased sharply since 1980
-war on drugs= class difference and crack vs powder cocaine

Front 54

why do moral panics occur?

Back 54

the media exaggerates a problem and the public panics

Front 55

"moral panic as ideological displacement"

Back 55

idea that moral panics keep Americans focused on something other than the root of the problem, such as unemployment etc.

Front 56

liberal view on crime

Back 56

source of problem:society
why people break law:external pressure
Goal of CJS:due process & rehabilitation
solution to crime: societal reform

Front 57

conservative view on crime

Back 57

source of problem:individual
why people break law:bad morals & free will
-Goal of CJS:public safety & deter crime
-solution to crime: return to morality & criminal justice

Front 58

radical view on crime

Back 58

source of problem:capitalism
why people break law:economic inequality
Goal of CJS: protect rich
solution to crime:revolution