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90 Cards in this Set

  • Front
  • Back
Regina v. Dudley & Stephens
(stranded on boat: eat Parker)
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
Rule of Law in a case
Rationale/ Logic of a case
Tribalism -> Feudalism
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
Feudalism -> Nation State
Oranized by Fiefdom, people have obligations and duties, compensation as sanction
-William the Conqueror - set up laws to control man.
swear on oath to innocence, others support you
Trial by Ordeal
get a test of Faith (Priest)
penalty: death
Benefit of Clergy
priests say that they shouldn't have to follow the law
then it (extended) to people who could read the bible
Trial by Advocacy
you get a lawyer
Criminal Justice
Police, Court, Corrections
Cause, trends, control
Notion of Federalism
political concept in which a group of members are bound together by covenant
John Locke's ideas
-all people have natural rights that the gov't can't take away
-people must be willing to give up rights to be safe
Declaration of Independence
inalienable rights - > life, liberty, pursuit of happiness
Origin of Criminal Justice System as an Academic Principle
1920 - organized crime was in control and ran the police departments. it was created to professionalize the police
Civil Rights Movement Impact on CJ
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)
Johnson declares a?
War on Crime
-(research shows) that crime is prevalent & need to stop crime before it happens
Law Enforcement Assistance Administration
-Federal Money goes to those who adopt criminal justice system
Omnibus Crime Control & Safe Streets (1968)
create LEAA
create LEEP
create NIJ

restored confidence in our police officers
Law Enforcement Education Program
Higher education officers, increase law enforcement pay. gives developing more courses
National Institue of Justice
developed innovated ways to help fight crime
Crime Control
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
Due Process
Model of Criminal Justice
emphasizes on individual rights
formal procedural rules
innocent until proven guilty
Balance of Rights and Power

1960s (Civil RIghts Era)
individual rights most important
the US Supreme Court is the most liberal court ever

Limited police power
Balance of Rights and Power

Conservative Shift

harsh/quick law enforcement
post 9/11
may have caused a permanent shift
USA Patriot Act
354 page law passed in 2 months
sneek & peek
foreign intel surveillance [FISA]
pen register/ tap & trace
roving wiretaps
detention of non-citizens
sneek & peek
allows fed to go into house, office and others.
-don't have to tell you
Foreign Intel Surveillance
allows FBI to get information from a third party resource without a warrant
-3rd party can't tell anyone
Pen Register/ Tap & Trace
traces who you call/ traces who calls you
Roving Wiretaps
allows you to tap anyone's phone who terrorist might associate
Detention of Non-Citizens
can detain non-citizens indefinitely if you have "reasonable cause"
Uniform Crime Reports
-FBI is in charge
part 1 - index offenses
part 2 - all else but traffic
part 1 offenses
-aggravated assault
-car theft
UCR total amount of crime in US
10 1/2 million
Problems with UCR
doesn't keep track of all offenses (29)
don't have to send in numbers
make numbers up
individual officer reporting
hierarchy rule
UCR clearance rate
National Incident Based Reporting
12 categories - 46 offenses
attempted v. completion
broaden criminal sexual assault
got rid of hierarchy rule
records many details of the incident
National Crime Victimization Survey (NCVS)
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
-figure out unreported crime & why it wasn't
how is crim justice system operating
figure out more details (age,sex,race)
crimes suffered
National Firearms Act (1934)
you have to register guns with government and pay taxes
Gun Control Act of 1968
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)
Brady Handgun Violence Prevention
original form - waiting and background check
now it's computerized
7 articles , 27 amendments
Necessary & Proper Clause
gives right of law making to the Legislative Branch
Substantive Law
define crime & penalty
Procedural Law
methods & rules used
Supremacy Clause
US Supreme Court decision is the final say
Stare Decisis
making decisions based on previous rulings
Ex Post Facto
make something a crime that wasn't a crime
Due Process
protects you from unjust law
2 types
Void for vagueness
requires all laws to be specific
void fr overbreadth
prohibit (il)legal activity
A crime is...
a voluntary act
Act of Omission
fail to do something that you are required to do by law
Act of Commission
do something you're prohibited to do
Involuntary Acts
In order to be held responsible, your actions have to be forseeable
Legal duty to act
-statute (law)
-status relationships
-duty to care for another
-assume care for another
inchoate offenses
when someone ask, hire, or encourage another person to commit a crime
intent & corroborating act
2 or more agree to commit a crime
General Intent
* logical outcomes of behavior
Specific Intent
* act with specialized knowledge
Constructive Intent
didn't intend to harm anyone but behavior creates a high risk injury
Transferred Intent
Intends to harm one, but harms another
Types of Homicide
legal necessity or duty
there was nothing you could do
Reasonable person test
Model Penal Code: levels of intent
-knowingly & purposely
should have been aware of the risk of conduct

Involuntary Man.
consciously disregards risks

Voluntary Man.
Knowingly & Purposely
Murder 1 & Murder 2
Strict Liability Offenses
liable if they occur
-statutory rape
Proximate Cause
"but for" your actions, the result wouldn't have taken place
Year and a day rule
only responsible of the consequences of your actions if they occur within a year and a day
Statue of Limitations
Time period for charges
4 types of defense
Couldn't have committed the crime
behavior was appropriate under the circumstances. conduct wrong, but not responsible
Improper procedure was violated
Saying you did it, but saying something caused you to do it
conduct results in greater good than alternatives
Rules of engagement
assisted suicide
Self Defense
force proportionate to threat
force immediately necessary (battered wife syndrome)
coerced by threat/ use of force
can't be used for homicide
Mistake of fact
if your conduct was a result of negligence
Competency test
-have to understand the charges and be able to aid and assist in your own defense
Plant Idea
show the gov't planted the idea in a clean mind & provided the motivation and the means
Provide opportunity to person predisposed to offense