Intro To Criminal Justice Midterm 1

Front 1

Regina v. Dudley & Stephens
(stranded on boat: eat Parker)

Back 1

Holding- you can't kill an innocent person to save your life
Dicta- what is the responsibility of the captain? save yourself for your crew

Front 2

Holding

Back 2

Rule of Law in a case

Front 3

Dicta

Back 3

Rationale/ Logic of a case

Front 4

Tribalism -> Feudalism

Back 4

Tribe ruled everything. (blood war)
-but tribes got bigger and the chief got more powerful. they had to settle down & develop tools.
Stratification system develops

Front 5

Feudalism -> Nation State

Back 5

Oranized by Fiefdom, people have obligations and duties, compensation as sanction
-William the Conqueror - set up laws to control man.

Front 6

compurgation

Back 6

swear on oath to innocence, others support you

Front 7

Trial by Ordeal

Back 7

get a test of Faith (Priest)
penalty: death

Front 8

Benefit of Clergy

Back 8

priests say that they shouldn't have to follow the law
then it (extended) to people who could read the bible

Front 9

Trial by Advocacy

Back 9

you get a lawyer

Front 10

Criminal Justice

Back 10

Police, Court, Corrections

Front 11

Criminology

Back 11

Cause, trends, control

Front 12

Notion of Federalism

Back 12

political concept in which a group of members are bound together by covenant

Front 13

John Locke's ideas

Back 13

-all people have natural rights that the gov't can't take away
-people must be willing to give up rights to be safe

Front 14

Declaration of Independence

Back 14

inalienable rights - > life, liberty, pursuit of happiness

Front 15

Origin of Criminal Justice System as an Academic Principle

Back 15

1920 - organized crime was in control and ran the police departments. it was created to professionalize the police

Front 16

Civil Rights Movement Impact on CJ

Back 16

college campus mobs create brutality from police who attack the innocent.
police and community relationship is bad. crime rate goes up . Creates Civil Disobedience (Rosa Parks)

Front 17

Johnson declares a?

Back 17

War on Crime
-(research shows) that crime is prevalent & need to stop crime before it happens

Front 18

LEAA

Back 18

Law Enforcement Assistance Administration
-Federal Money goes to those who adopt criminal justice system

Front 19

Omnibus Crime Control & Safe Streets (1968)

Back 19

create LEAA
create LEEP
create NIJ

restored confidence in our police officers

Front 20

LEEP

Back 20

Law Enforcement Education Program
Higher education officers, increase law enforcement pay. gives developing more courses

Front 21

NIJ

Back 21

National Institue of Justice
developed innovated ways to help fight crime

Front 22

Crime Control

Back 22

Model of Criminal Justice
primary goal: reduces crime, keep people safe, guarantee social freedom.
it does it by convinces you that crime doesn't pay
create Assembly Line Justice
presumption of guilt - if you make it to the next step in the criminal justice system you're probably guilty
plea bargain - admit your guilty

Front 23

Due Process

Back 23

Model of Criminal Justice
emphasizes on individual rights
formal procedural rules
innocent until proven guilty

Front 24

Balance of Rights and Power

1960s (Civil RIghts Era)

Back 24

individual rights most important
the US Supreme Court is the most liberal court ever

Limited police power

Front 25

Balance of Rights and Power

1980s

Back 25

Conservative Shift

harsh/quick law enforcement

Front 26

post 9/11

Back 26

may have caused a permanent shift

Front 27

USA Patriot Act

Back 27

354 page law passed in 2 months
sneek & peek
foreign intel surveillance [FISA]
pen register/ tap & trace
roving wiretaps
detention of non-citizens

Front 28

sneek & peek

Back 28

allows fed to go into house, office and others.
-don't have to tell you

Front 29

Foreign Intel Surveillance

Back 29

allows FBI to get information from a third party resource without a warrant
-3rd party can't tell anyone

Front 30

Pen Register/ Tap & Trace

Back 30

traces who you call/ traces who calls you

Front 31

Roving Wiretaps

Back 31

allows you to tap anyone's phone who terrorist might associate

Front 32

Detention of Non-Citizens

Back 32

can detain non-citizens indefinitely if you have "reasonable cause"

Front 33

Uniform Crime Reports

Back 33

-FBI is in charge
part 1 - index offenses
part 2 - all else but traffic

Front 34

UCR
part 1 offenses

Back 34

(violent)
-murder
-rape
-aggravated assault
-robbery
(property)
-burglary
-car theft
-larceny
-arson

Front 35

UCR total amount of crime in US

Back 35

10 1/2 million

Front 36

Problems with UCR

Back 36

doesn't keep track of all offenses (29)
don't have to send in numbers
make numbers up
individual officer reporting
underreporting
hierarchy rule

Front 37

UCR clearance rate

Back 37

20%

Front 38

National Incident Based Reporting

Back 38

NIBRS
12 categories - 46 offenses
attempted v. completion
broaden criminal sexual assault
got rid of hierarchy rule
records many details of the incident

Front 39

National Crime Victimization Survey (NCVS)

Back 39

Data collection method
-household and business (76 K)
talk to these houses every 6 months for 3 years - everyone older than 12
ask if you report it
(advantages)
-figure out unreported crime & why it wasn't
how is crim justice system operating
figure out more details (age,sex,race)
crimes suffered

Front 40

National Firearms Act (1934)

Back 40

you have to register guns with government and pay taxes

Front 41

Gun Control Act of 1968

Back 41

4 restrictions
-no mail order guns
-created category of prohibited purchasers
-all firearms must have serial number
-have to make sure people are allowed to purchase (just ask them)

Front 42

Brady Handgun Violence Prevention

Back 42

original form - waiting and background check
now it's computerized

Front 43

Constitution

Back 43

7 articles , 27 amendments

Front 44

Necessary & Proper Clause

Back 44

gives right of law making to the Legislative Branch

Front 45

Substantive Law

Back 45

define crime & penalty

Front 46

Procedural Law

Back 46

methods & rules used

Front 47

Supremacy Clause

Back 47

US Supreme Court decision is the final say

Front 48

Stare Decisis

Back 48

making decisions based on previous rulings

Front 49

Ex Post Facto

Back 49

make something a crime that wasn't a crime

Front 50

Due Process

Back 50

protects you from unjust law
2 types
-substantive
-procedural

Front 51

Void for vagueness

Back 51

requires all laws to be specific

Front 52

void fr overbreadth

Back 52

prohibit (il)legal activity

Front 53

A crime is...

Back 53

a voluntary act

Front 54

Act of Omission

Back 54

fail to do something that you are required to do by law

Front 55

Act of Commission

Back 55

do something you're prohibited to do

Front 56

Involuntary Acts

Back 56

In order to be held responsible, your actions have to be forseeable

Front 57

Legal duty to act

Back 57

-statute (law)
-status relationships
-duty to care for another
-assume care for another

Front 58

inchoate offenses

Back 58

-solicitation
-attempt
-conspiracy

Front 59

solicitation

Back 59

when someone ask, hire, or encourage another person to commit a crime

Front 60

attempt

Back 60

intent & corroborating act

Front 61

conspiracy

Back 61

2 or more agree to commit a crime

Front 62

General Intent

Back 62

* logical outcomes of behavior

Front 63

Specific Intent

Back 63

* act with specialized knowledge

Front 64

Constructive Intent

Back 64

didn't intend to harm anyone but behavior creates a high risk injury

Front 65

Transferred Intent

Back 65

Intends to harm one, but harms another

Front 66

Types of Homicide

Back 66

Justifiable
Excusable
Criminal

Front 67

Justifiable

Back 67

legal necessity or duty

Front 68

Excusable

Back 68

there was nothing you could do

Front 69

Criminal

Back 69

Reasonable person test

Front 70

Model Penal Code: levels of intent

Back 70

-negligent
-reckless
-knowingly & purposely

Front 71

Negligent

Back 71

should have been aware of the risk of conduct

Involuntary Man.

Front 72

Reckless

Back 72

consciously disregards risks

Voluntary Man.

Front 73

Knowingly & Purposely

Back 73

Murder 1 & Murder 2

Front 74

Strict Liability Offenses

Back 74

liable if they occur
-traffic
-pharmacist
-statutory rape

Front 75

Proximate Cause

Back 75

"but for" your actions, the result wouldn't have taken place

Front 76

Year and a day rule

Back 76

only responsible of the consequences of your actions if they occur within a year and a day

Front 77

Statue of Limitations

Back 77

Time period for charges

Front 78

4 types of defense

Back 78

Alibi
Justification
Procedural
Excuse

Front 79

Alibi

Back 79

Couldn't have committed the crime

Front 80

Justification

Back 80

behavior was appropriate under the circumstances. conduct wrong, but not responsible

Front 81

Procedural

Back 81

Improper procedure was violated

Front 82

Excuses

Back 82

Saying you did it, but saying something caused you to do it

Front 83

Necessity

Back 83

conduct results in greater good than alternatives

Front 84

Consent

Back 84

Rules of engagement
assisted suicide

Front 85

Self Defense

Back 85

force proportionate to threat
force immediately necessary (battered wife syndrome)

Front 86

Duress

Back 86

coerced by threat/ use of force
can't be used for homicide

Front 87

Mistake of fact

Back 87

if your conduct was a result of negligence

Front 88

Insanity

Back 88

Competency test
-have to understand the charges and be able to aid and assist in your own defense

Front 89

Entrapment

Back 89

Plant Idea
show the gov't planted the idea in a clean mind & provided the motivation and the means

Front 90

Enticement

Back 90

Provide opportunity to person predisposed to offense