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139 Cards in this Set

  • Front
  • Back
Mass Murder
killing of 4 or more victims at one location
Crime Typology
a classification of crimes along a particular dimension, such as legal categories, offender motivation, victims behavior or the characteristics of individual offenders
Investigation and Arrest
1. Crime discovered or reported
2. Evidence gathered at the scene
3. Investigation ensues
4. Warrant issued for arrest of suspect
Excuses
does not claim that the conduct in question was justified by the situation or moral
Unconsciousness
an individual cannot be held responsible for anything he/she does while unconscious. ex.sleepwalking, epileptic seizure
Treason
A US citizen's actions to help a foreign gov't overthrow, make war against or seriously injury the United States
Organized Crime
unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods or services, including gambling, prostitution, loan shark, narcotics
Social Control
use of sanctions and rewards to mold and influence individual members of that group to conform to a certain behavior. ex. tax breaks for married couples, parents, companies and tickets for speeding
Irresistible Impulse
they knew what they were doing and also knew that it was wrong, but they couldn't stop themselves from doing it
Criminology
scientific study of the causes and prevention of crime and rehabilitation and punishment of offenders
Defense of home and property
the preservation of human life outweighs the protection of property and use of deadly force to protect property is not justified unless the perpetrator intends to commit or is committing a violent act against another human being
Stalking
repeated harassing and threatening behavior by one individual against another, aspects of which may be carried out in secret
Espionage
gathering, transmitting, or losing of information related to the natural defense that would allow enemies to the US an advantage against us.
Due Process Model
an analytical tool that emphasizes individual rights at all stages of the Justice system
Robbery 3
use of force to take the property of another
Substantial- Capacity Test
suggests that insanity should be defined as the lack of a substantial capacity to control one's behavior
Legality
a behavior cannot be considered criminal if no law exists that defines it as such
Mens Rea
the states of mind that accompanies a criminal act, an essential element of crime
Reckless
an activity that increases the risk of harm
Indictment
written accusation submitted to the courts by a grand jury, alleging that a specified person has committed a specific offense, usually a felony
Aggravated Assault
unlawful, intentional inflicting of serious injury upon the person of another or when a dangerous instrument is used
Actus Reus
an act in violation of the law, guilty act
Arson
any willful or malicious burning or attempt to burn with or without the intent to defraud a dwelling, public building, motor vehicle or aircraft, personal property of another
Consecutive Sentence
2 or more sentences imposed at the same time served in sequence with the other
Civil Law
the branch of modern law that governs relationships b/w parties ex. divorce, child support, custody, wills
Knowingly
an action undertaken with awareness, involves near certainty
Temporary Insanity
the offender claims to have been insane only at the time of the commission of the crime
Necessity
the claim that come illegal action was needed to avoid a greater harm is a defense so long as it does not involve serious bodily harm
Multiculturalism
existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society's legal and political system
Selective Prosecution
14th amendment guarantees "equal protection of the laws". It may be available where 2 or more individuals are suspected of criminal involvement, but not all are actively prosecuted
Felonies
a criminal offense punishment by death or by incarceration in a prison facility for at least 1 year
Provocation
recognizes that a person can be emotionally enraged by another who intends to elicit such a reaction
Date Rape/ Rape Triangle
unlawful sexual intercourse with a female against her will that occurs within the context of a dating relationship
Rape triangle: 1. alcohol and drugs
2. criminal intent
3. isolation
Transferred Intent
a doctrine that holds a person guilty of murder if he took aim and shot at an intended victim but missed, killing another person instead
Age
under the principal of infancy, children cannot reason logically until around the age of seven
Concurrent Sentence
2 or more sentences imposed at the same time but this time they are served at the same time
NCVS Survey
1. misinterpretations of events that are not actually crimes
2. some respondents are afraid to report crimes even to those who are police
3. some make-up crimes to please the interviewer
Involuntary Intoxication
the theory that a person with an altered mental condition cannot form that requisite intent to commit a crime
Law
a rule or conduct, generally found enacted in the form of statue, that prescribes or mandates certain forms of behavior
Problems with UCR/NIBRS
(police reports)
1. not all people report crimes
2. victim-less crimes are rarely ever reported
3. white collar crimes and high tech crimes go undiscovered
4. victim account may be misleading or faulty
Conspiracy
an agreement by 2 or more persons to commit a crime, fraud or other wrongful act
Strict Liability
liability without fault or intention, they do not require mens rea
Corpus Delicti
body of the crime
Burglary
unlawful entry of a structure with the intent to commit a crime therein
Robbery 1
use of dangerous instrument
Double Jeopardy
5h amendment to the US constitution makes clear that no person shall be tried twice for the same offense once "jeopardy" has attached
Purposes of GBMI
1. protect society
2. hold them accountable
3. make treatment available to convicted offenders
Violence Against Women Act
seeks to eradicate violence against women at all levels
Case Law
the body of judicial precedent that serves as a guide to decision making
1960-1980 Crime Rate Rise
Cocaine
Statutory Law
written or codified law
Bail
money or property pledged to the court or actual deposit to ensure the defendants appearance
Custody
when a reasonable person would believe he/she is not free to leave
Probation
non-incarceration sentence where the defendant must submit to the supervision of a probation officer and meet the courts conditions
Probable Cause
an officer has knowledge or reasonably trustworthy information sufficient to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested
Offense (Violation)
a violation of the criminal law
ex. jaywalking, public intoxication
Collateral Estoppel
applies to facts that have been determined by a valid and final judgement, similar to double jeopardy
Torts
wrongful act
Duress
any unlawful threat or coercion used by a person to induce another to act in a manner he or she otherwise would not
ex. pizza deliveryman
Alter Ego Rule
a person can only defend a 3rd party under circumstances and only to his degree that the 3rd party could legally act on his/her behalf
Lawsuits
a civil proceeding irritated by an aggrieved party who seeks to address a civil wrong
Substantive Criminal Law
defines crimes and specifics punishments
Motive
a person's reason for committing a crime
Procedural Law
methods to be used in enforcing substantive law. How to conduct arraignments, hearing, grand juries, trials
Necessary Attendant Circumstances
certain facts surrounding a crime increase the degree, level or seriousness of an offense
Causation
refers to the foot that the concurrence of a guilty mind and criminal act may cause harm
Diminished Capacity
claims of mental condition that may be insufficient to exonerate the defendant of guilt, but that may be relevant to specific mental elements of certain crimes or degrees of crime
Consent
the defense of consent claims that whatever harm was done occurred only after the inured person gave his/her permission for the behavior in question
Resisting Unlawful Arrest
resistance may be justified if the arresting officer uses excessive force
Denial of Speedy Trial
6th amendment guarantees the right to a speedy trial. To guarantee unconvicted and potentially innocent people from languishing in jail, also leads to many individuals who may well be guilty, being set free
Mistake of Fact
the defendant may have committed actus reas but they may honestly believe in a set of facts that would prevent him/her from forming the requisite mens rea required to constitute the crime
White-Collar Crime
violation of the criminal law committed by a person of respectability and high school status in the course of his or her occupation
ex. Martha Stewart
Clearance Rate
Proportion of reported crimes that have been "solved". Clearance rates are judged primarily on the basis of arrest could lead to false arrests with little evidence
Rohypnol
an illegal pharmaceutical substance that is tasteless
Forcible Rape
unlawful sexual intercourse achieved through force and without consent
1st Degree Murder
unlawful killing that is willful and premeditated
Conflict Model
Assumes that the system's components function primarily to serve their one interests
Interest: success among agencies, promotions pay increases, accountability
Sarbanese-Oxley Act
Corporate officials must personally vouch for the truth and accuracy of their companies' financial statements
Brawner Rule
Judge Bazelon created this rule in 1972 in the case of US v. Brawner. Places responsibility for deciding insanity squarely with the jury
Self-Defense
the protection of oneself or of one's property from unlawful injury or from immediate risk of unlawful injury, must us reasonable force
2nd Degree Murder
unintentional killing that is not premeditiated or planned nor committed in a reasonable "heat of passion"
Interrogation
questions that are designed to elicit incriminating information
Mental Incompetence
as a result of mental illness or defeat, a defendant is incapable of understanding the nature of the charges and proceedings against him/her
Entrapment
an improper or illegal inducement to crime by agents of law enforcement
Suppression
any statement made by the defendant that was not made knowingly and voluntarily cannot be used in court
Common Law
law originating from usage and custom rather than from written statutes
Frivolous Lawsuits
a legal claim or defense presented even though the party and party's legal counsel had reason to know that the claim or defense had no merit
Insanity under Federal Law
a condition in which a defendant can be shown to have been suffering under a "severe mental disease or defect" and as a result "was unable to appreciate, the nature and quality of the wrongfulness of his act
Crime-Control Model
an analytical tool that emphasizes the efficient arrest and conviction of criminal offenders
National Crime Victimization Survey
(NCVS)
an annual survey to determine the extent of criminal victimization especially unreported
Criminal Law
body of rule and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society
Concurrence
the coexistence of
1. an act in violation of the law (actus reus) and
2. a culpable mental state
Crime
conduct in violation of the criminal laws of a state, the federal gov't or a local jurisdiction
Inchoate Offense
an offense not yet completed or an action that is a step toward the intended commission of another.
ex.a woman calling a hit man to kill her husband
Criminal Negligence
behavior in which a person fails to reasonably perceive substantial and unjustifiable risks or dangerous consequences
Infraction
a minor violation of a state statute or local ordinance punishable by a fine or other penalty
Homeland Security
to coordinate the executive branch's efforts to detect, prepare for, prevent, protect against, respond to and recover from terrorist attacks with the US
Consensus Model
analytic model that assumes that the system's components work together to achieve justice
Criminal Courts
Conduct fair and impartial trials (6th amendment), determine guil or innocence, ensure due process, protects rights and freedoms
Executive Order
directive issued by the president, the head of the executive branch of the federal gov't, state governors have similar power at the state level
Law Enforcement (police)
enforce the law, investigate crimes, maintain public order, ensure community, safety
Guilty but Mentally Ill (GBMI)
a person can be held responsible for a specific criminal act even though a degree of incompetence may be present. Mentally ill by medical standards but sane for the purpose of the law
Assault
an unlawful attack by one person upon another
Preliminary Hearing
decided by a judge
1. whether a crime was committed
2. whether it was committed within the territorial jursidiction of the court
3. reasonable grounds to believe that the defendant committed the crime
Stare Decisis
a legal principle that requires that courts be bond by their own earlier decisions and by those of higher courts having jurisdiction over them
Durham Rule
the rule created in a 1871 New Hampshire court, holds that a person is not criminally responsible for his or her behavior of the person's illegal actions were the results of some mental disease or defect
Grand Jury
a group of juror's who have been selected according to law and sworn to hear evidence to determine a guilty or not guilty sentence for a person, selected by a group of jurors for the decision
Criminal Justice
the study of how the criminal justice system deals with violators of the law while attempting to apply principles of fundamental fairness and moral equality
Uniform Crime Reporting (UCR)
annual summation of the incidence and rate of reported crimes throughout the US
Bureau of Justice Statistics (BJS)
US dept. of justice agency responsible for the collection of criminal justice data
Corporate Crime
a violation of a criminal statute by a corporate entity or by its executives, employees, or agents acting on behalf of and for the benefit of the corporation, partnership or other form of business entity
First Appearance
within 24-48 hours suspects must be brought before a judge for an initial appearance (arraignment)
National Incident- Based Reporting System (NIBRS)
detailed data on every single crime occurrence, this did not replace the UCR
Insanity
a concept developed to enable the judicial system to assign guilt or innocence to particular defendants
Brady Handgun Violence Prevention Act
mandates a 5-day waiting period before a purchase and establishes an instant criminal background check system that dealers must use before selling a handgun
Serial Murder
killing of several victims in 3 or more separate events
Defense of Others
permit to use reasonable force to defend others who are or appear to be in imminent danger
Punishment
no crime can be said to occur where punishment has not been specified by law
Alibi
A contention or statement by an individual changed with a crime that he or she was so distant when the crime was committed that it was impossible for them to commit
Due Process
simply means procedural fairness, 5th, 6th and 14th amendment guarantees this
Parole
inmate has served a portion of his prison sentence during his/her release, he/she are supervised by a parole officer for a period of time
Spontaneous Utterance
when a suspect makes an incriminating statement that is not in response to a question by law enforcement
Hate Crime
a criminal offense committed against a person, property or society that is motivated in whole or in part by the offender's bias against a race, religion, disability, sexual orientation or ethnicity, national origin.
Ex. James Bryd Jr.
Larceny- theft
unlawful taking or attempted taking, carrying, leading or riding away of property from the possession or constructive possession of another
Adjudication
6th amendment allows every criminal a right to a trial by jury, however the supreme court has ruled that petty offenses cannot have that
Justification
a legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil
Penal Code
written, organized and compiled form of the criminal laws of jurisdiction
Mistake of Law
a convoluted or unclear law may make a mistake of law acceptable
Misdemeanors
an offense punishable by incarceration for a period whose upper limit is typically one year or less
Correctional Agencies
carry out sentences imposed by the courts protect the community, provide safe and humane custody of offenders
Rule of Law
the maxim that an orderly society must be governed by established principles and know codes that are applied uniformly and fairly to all its members
Justice
the principle of fairness; the ideal of moral equality
Robbery 2
2 or more people doesn't need to have a gun, just be outnumbered
M'Naghten Rule
a person is not guilty of a crime if at the time of the crime, the person either didn't know what he/she was doing or that he/she didn't know what they were doing was wrong
Purposeful
always acts knowingly, but a person may not act in a knowingly criminal way but for a purpose other than criminal intent
Identity Theft
a crime in which an impostor obtains key pieces of info, such as
SSN, driver's license #, to obtain credit, merchandise and services in the name of the victim
Prosectorial Misconduct and Police Fraud
actions undertaken by the prosecutor or police that give the gov't an unfair advantage or that prejudice that rights of a defendant or a witness
ex. hiding evidence or info, permitting false testimony
Statutory Rape
non forcible intercourse with a minor
Spree Killing
2 or more locations with almost no break between murders