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53 Cards in this Set

  • Front
  • Back
What are the three components of criminal justice?
Police, courts, corrections
conduct in violation of the criminal laws of a state, the federal government, or local jurisdiction or excuse.
crime
the process by which procedures that feel fair to those involved are made
procedural fairness
a condition said to exist when a group is faced with social change, uneven development of culture, maladaptiveness, disharmony, conflict, and lack of consensus
social disorganization
the condition of society characterized by social integration, consensus, smooth functioning, and lack of interpersonal and institutional conflict
social order
American society was built upon a delicate balance between _________ and the need for ________

(1) the demand for personal freedoms (2) public safety

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
individual rights
those individual rights must be effectively balanced against these community concerns: social justice equality before the law, the protection of society, freedom from fear
public order

one who believes that under certain circumstances involving a criminal threat to public safety, the interest of society should take precedence over individual rights
public order advocate
the principle of fairness; the idea of moral equity
justice
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
social justice

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
civil justice
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
criminal justice

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

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

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
a criminal justice perspective that assumes that the systems components work together harmoniously to achieve the social product we call justice
consensus model
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.
conflict model
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
sustainable justice
a right guaranteed by the 4th, 5th, 6th, and 14th amendment of the constitution
Due process
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
Amendment I
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
Amendment II
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
Amendment IV
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
Amendment V
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
Amendment VI
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Amendment VIII
What are considered Part 1 offenses?

murder


robbery


rape


burglary


larceny


aggravated assault


arson

the unlawful killing of a human being
murder
unlawful sexual intercourse achieved through force and without consent
rape
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
robbery
unlawful entry of a structure to commit a felony or a theft (exclude tents, trailers, and other mobile units used for recreational purposes)
Burglary
theft or attempted theft of a motor vehicle
motor vehicle theft
the unlawful taking or attempt taking, carrying, leading, or riding away of property from the possession or constructive possession of another
larceny
the unlawful, intentional inflicting, or attempted or threatened inflicting, of serious injury upon the person of another
aggravated assault
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
Arson
Who is responsible for compiling the annual UCR (Uniform Crime Report)?
The FBI

crime typology


stalking


cyber stalking



Special categories of crime
a classification of crimes along a particular dimension, such as legal categories, offender motivation, victim behavior, or the characteristics of individual offenders
crime typology
What are common criminal justice issues?

Elderly


hate crime


white collar crime


organized crime


transnational organized crime


gun crime


drug crime


cybercrime


terrorism

Purpose for laws?

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

General categories of crime?

felonies


misdemeanors


offenses(infractions)

General features of crimes?

actus reus


mens reus


concurrence (purposeful, knowingly, reckless, negligence)

a rule of conduct, generally found enacted in the form of a statue, that prescribes or mandates certain forms of behavior
law
written or codified law; the "law on the books" as enacted by a government body or agency having the power to make laws
statutory laws
the written, organized, and compiled, form of the criminal laws of jurisdiction
penal code
the body of judicial precedent, historically built on legal reasoning and past interpretations of statutory law
case law
no longer a concern
common law
the philosophy of law
jurisprudence
precedent
case law
a wrongful act, damage or injury not involving to breach of conduct
tort
body of law that allow the government to control the activities of industries, businesses, and individuals
administrative law
requires no mental state; makes it a crime to simply do something without the intention of violating the law
Strict liability
a person's reason for committing the crime
motive