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61 Cards in this Set

  • Front
  • Back
System
A complex whole consisting of interdependent parts whose actions are directed toward goals and are influenced by enviroment within which they function
Exchange
A mutual transfer of resources: A balance of benefits and deficits that flow from behavior based on decisions about values and costs of alternatives (ex. Plea bargain)
Discretion
The ability to exercise independent judgment and decision making
Dual Court System
A system consisting of separate jud. System for each state in addition to a nat. system case tried in right court (state or fed)
Adjudication
Determining whether or not a defendant is guilty
Felonies
Serious crimes usually carrying a penalty of death or of incarceration for more than 1 year (Can be divided into lesser and more serious)
Midemeanors
Less serious offenses that have a plausibility of jail, penalty is less than a year
Crime Control Model
A model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime
Due Process Model
A model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information
Disparity
A difference between groups that may either be explained by legitimate factors or indicate discrimination
Discrimination
Differential treatment of individuals or groups based on race, ethnicity, gender, or economic status
Mes Rea
"The guilty mind"
Actus Reus
"Wrongful/guilty act"
Mala en se Crimes
Offenses that are wrong by their very nature
Mala Prohibita Crimes
Offenses prohibited by law but not wrong in themselves
Visible Crime
“street crime” or “ordinary crime” is an offense against persons or property, committed primarily by members of the lower class. This is the one that is most upsetting to the public
Occupational Crime
Criminal offenses committed through opportunities created in a legal business or occupation.
Organized Crime
A framework for the perpetuation of criminal acts- usually in fields such as gambling, drugs and prostitution- providing illegal services that are in great demand.
Victim-less Crime
Offenses involving a willing and private exchange of illegal goods or services that are in strong demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being injured.
Political Crime
An act, usually committed for ideological purposes, that constitutes a threat against the state (treason/terrorism)
Cyber Crime
Offenses that involve the use of one or more computers or phones
Dark Figure of Crime
Some surveys reveal that much more crime occurs than is reported by the police
Uniform Crime Reports (UCR)
An annually published statistical summary of crimes that are never reported by the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies
National Crime Victimization Surveys(NCVS)
Interviews of samples of the U.S. Population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimization and thus the extent of unreported as well as reported crimes
National Incident-Based Reporting System (NIBRS)
A reporting system where the police describe each offense in a crime incident, together with data describe the offender, victim, and property (Reports 46 offenses in 22 crime categories)
Classical School
A school of criminology that views behavior are stemming from free will, demands responsibility and accountability of all perpetrators, and stresses the need for punishments severe enough to deter others
Positivist Criminology
A school of criminology that views behavior as stemming from social, biological, and psychological factors, It argues that punishment should be tailed to individual needs of the offenders
Sociological Explanations
Explanations of crime that emphasize as causes of criminal behavior the social conditions that bear on the individual
Social Structure Theories
Theories that blame crime on the existence of a powerless lower class that lives with poverty and deprivation and often turns to crime in response
Anomie
Break law and rules to achieve what the upper has
Social Process Theories
Theories that see criminality as normal behavior. Everyone has the potential to become a criminal, depending on the influences that impel one toward or away from crime and how one is regarded by others
Learning Theories
Learn criminal behavior from family and others
Differential Association
Different opportunities based on social class and growing up
Control Theories
Your attachment to others and society and make you unlikely to break law
Labeling Theories
Start following labels others give you
Social Conflict Thoery
Theories that view crime as a result of conflict in society, such as conflict between economic classes caused by elites using law as a mean to maintain power
Critical Criminology
Theories that assume criminal law and the criminal justice system are primarily a means of controlling the lower classes, women, and minorities
Feminist Theories
Theory that seeks to incorporate an understanding of differences between the experiences of man and women while also integrating consideration of other factors such as race and social class.
Life Course Theories
Theories that identify factors affecting the start, duration, nature, and end of criminal over the life of an offender
Integrated Theories
Theories that combine differing theoretical perspectives into a larger model
Victimology
A field of criminology that examines the role the victim plays in precipitating a criminal incident and also examines the impact of crimes on victims
Legal Responsibility
The accountability of an individual for a crime because of the perpetrator’s characteristics and the circumstances of the illegal act
Civil Law
Law regulating the relationships between or among individuals, usually involving property, contracts
Substantive Criminal Law
Law that defines acts that are subject to punishment and specifies the punishments for such offenses
Infractions
Minor offenses that are typically punishable by small fines and that produce no criminal record for the offender
Penal Codes
Contain substantive criminal law that defines crime and also punishments for those crimes.
Procedural Criminal Law
Law defining procedures that criminal justice officials must follow to enforcement, adjudication, and corrections must follow
Self-Defense
A person who feels he or she is in immediate danger may use force ward off and attack.
Necessity
The defendant breaks a law in order to save themselves or prevent a greater harm
Duress
A defendant is physically coerced by another to commit a crime
Entrapment
The police induced the individual to commit a crime when he originally would not have
Immaturity
The defendant was an “infant” under 7 years of age
M'Naghten Rule
The right from wrong test where the defendent didn’t know at time the difference between right and wrong due to a mental illness
Procedural Criminal Law
Defines how the state must process cases
Double Jeopardy (5th)
The subjecting of a person to more than once in same jurisdiction for the same offense
Self Incrimination (5th)
The act of exposing oneself to prosecution by being forced to respond to questions when the answers may reveal that one has committed the crime.
Grand Jury
Body of Citizens drawn from the community to hear evidence presented by the prosecutor in order to decide whether enough evidence exists to file charged against a defendant.
14th Amendment
Due process of law, equal protection of law for every citizen of the U.S.
Fundamental Fairness
A legal doctrine supporting the idea that so long as state's conduct maintains basic standard of fairness, the Constitution has not been violated
Incorpartation
The extension of the due process clause of the 14th amendment to making binding on state governments that rights guaranteed in the first ten amendments to the us Constitution ( bill of rights)
Exclusionary Rule
Police/Prosecutors cannot use evidence obtained illegally in a trial