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| Principle of fairness, moral equity, conformation to the law. |
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| Acts and procedures performed to enforce criminal law. |
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| Fairness between citizens, business, government, NON-CRIMINAL. |
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| Basic human and cultural BELIEFS of what is fair, RIGHT AND WRONG. |
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| Social norms- characteristics learned or enforced THROUGH SOCIETY(e.g. family, school, religion and government). |
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| Social norms- enforced through LAWS and legislation of criminal justice system. |
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| Multiple procedures through which an offender passes through. Ultimate goal of this process is for justice to be served. |
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| All parts of CJS work TOGETHER to achieve the common goal of justice. |
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| Each component of the CJS cannot harmonize because they want to achieve their OWN GOALS. Justice is product of disharmony between agencies. |
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| All individual rights (included in 5th, 6th, 14th) of everyone involved are protects throughout CJS. |
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| Refers to "reasonable person theory" that when shown evidence a reasonably intelligent person would find the suspect to have committed the crime in question. Famous case: Miranda v. Arizona. |
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| Done after an arrest. The official record of arrest includes: identification, place/time, and agency doing the arrest. |
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| Pledged money to court that guarantees the defendant's appearance to court and will not flee or else money is forfeited to court. |
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| DETERMINES PROBABLE CAUSE- if crime was committed, if there are reasonable grounds to believe defendant committed the crime, and if it was in correct jurisdiction of hearing court. No probable cause = judge dismisses charges. |
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| Usually happens when the PROSECUTION has a STRONG case against defendant. Usually ending in defendant admitting guilt to a lesser crime to REDUCE SENTENCE. |
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| Formal written accusation by PROSECUTION against suspect that is done after preliminary hearing. |
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| Formal written accusation by GRAND JURY against suspect when they believe enough evidence is present for a trial; usually for a felony. |
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| Group of PROFESSIONAL jurors who determine if there is sufficient evidence to bring a suspect to trial called indictment. |
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| FIRST appearance in court by suspect where s/he is read their rights and the charge placed against them. Suspect required to make a plea at this point. Also can be any appearance in court PRIOR to trial. |
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| examination in court of fact from evidence and laws to determine if suspect should be acquitted or convicted. |
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| Sentence imposed by judge |
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| Fine, probation, jail/prison time. |
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| Multiple sentences served in a row increasing the maximum time in prison. |
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| Multiple sentences served at once, so convict only serves their highest sentence. |
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| Corrections can release convict early instead of serving full sentence in prison. During the rest of the sentence the released convict must abide by terms and conditions of reported to parole officer and such. |
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| Alternative to serving prison time and may be ordered to perform community-serve instead and must abide by terms and conditions or else they may be required to served time in prison. |
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| Study of CRIMINAL behavior as it scientifically relates to deviance. |
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| Done annually by FBI. Summary of rate of crime in US only counting the MOST serious crime the suspect has committed. Composed of police reports given on voluntary basis. Most popular use out of any crime report. |
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| Percentage of reported crimes which have been "solved" meaning police have a KNOWN SUSPECT whether or not they are in custody. |
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| Measurement of Part 1 offenses of UCR. Used for geographic and historical comparisons of crime rate. |
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Personal crimes: Murder, forcible rape, robbery, aggravated assault.
Property crimes: Burglary, larceny-theft, motor vehicle theft, arson. |
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Term
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Definition
Unlawful and intentional taking the life of another human.
First degree: act+intent+premeditation
Second degree: act+intent (heat of moment crime)
Manslaughter: Plainly, the unlawful killing of human being |
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Definition
Unlawful sexual intercourse W/OUT CONSENT and using FORCE
Forcible: Carnal knowledge of a female w/force and no consent. |
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| Intentional and unwelcomed physical contact with sexual undertones. Defined today as rape between SAME SEX or female on male RAPE. |
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Unlawful and intentional attempt or actual injury to someone.
Aggravated:when weapon is used or victim needs medical attention due to inflicted injuries. |
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| UCR-defined category that include LESS SERIOUS offenses: Simple assault, forgery and counterfeiting, fraud, embezzlement, stolen property, vandalism, weapons, prostitution, sex offenses, drug-law violations, gambling offense against the family(domestic violence), DUI, Liquor-law violations, drunk in public, disorderly conduct, vagrancy- homeless wandering without income/support, curfew violation/loitering, runaways. |
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| System that collects data from every single crimes that will soon SUPERSEDE the data provided by UCR. More information gathered, reports multiple cimres in one incident, data on crimes committed, shows both attempted and completed crimes. |
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| Study of philosophy and science of law. |
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| Unwritten CUSTOMARY-created from everyday customs and social norms law- developed in ENGLISH courts |
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| Measurement of Part 1 offenses of UCR. Used for geographic and historical comparisons of crime rate. |
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| Use of PRECEDENCE. Cases on similar issues being heard are bound by their EARLIER decisions and by those of higher courts. This literally translates to "standing by decided matters." |
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| The determined by a judge whether an act is immorally wrong. |
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| Law turned into WRITTEN LAW that can be enforce through law enforcement. |
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| Modern law that deal with offenses committed AGAINST SOCIETY and it members. Laws based on constitutional principle including statutory and case law. |
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| Laws based on PRECEDENTS and also change common law-unwritten customs. |
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| One part of the penal code. Defines crimes and specific punishment. |
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| One part of penal code. METHODS used in ENFORCING laws against crime. Including search and seizure and CJS. |
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| All laws enacted must abide by the US constitution. No unconstitutional laws. |
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| Laws to control actions in society- individuals, industry, and business. These laws cover gambling, parole, drugs, taxes, health codes, etc. |
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| Governs NON-CRIMINAL relationships in society e.g. business v. individual, indiv. v. indiv. |
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| Area that overlaps between criminal and civil laws- wrongful act or injury that is not a crime; e.g. person injured in car accident. |
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| Attempt to overthrow own government by assisting foreign government. |
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| Can be committed by noncitizens. Gathering, transmitting, losing information that has to do with national security and making it available to enemy countries. |
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| Lesser crime; e.g. petty theft, simple assault, battery, etc. |
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| MINOR law violation including traffic violation, jaywalking, etc. Usually punished with FINES alone. |
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| Incomplete offense, also a step toward the intended act of another offense; e.g. burglar gets caught in the act and makes a run for it, or someone gets caught hiring a hitman to kill someone. |
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| The combination actus reus + mens rea. BOTH must be present. When actus reus + mens rea produce harm it is called causation. |
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| Violation of the law VOLUNTARILY engaging in a guilty ACT. |
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Guilty MINDSET. Measurement of criminal responsibility for crime committed. Four Level:
Purposeful/Intentional-intent to harm even if someone else, not the target gets harmed.
Knowing- action done out of awareness/consciousness
Reckless Behavior- action to increase probability of harm
Criminal negligence- an when a person cannot justify risk of consequences |
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| The REASON for committing a crime. Not need for persecution. |
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| An occurrence in ALL CRIMES. Even victimless crimes have this. |
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| "Body of Crime"- Facts that show a crime has occurred; needed for prosecution. |
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| The components that need to be proven to convict someone of a specific crime. |
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| Argue that defendant is not criminally liable for accused crime. Types include: ignorance, justification, self-defense(use of reasonable force/minimum/mirror), defense of others/property(must be non-lethal for property), alibi(story to show they couldn't have committed the crime), consent- NOT an excuse, necessity- crime committed to PREVENT more harm. |
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Term
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Definition
Defendant's condition during the crime removes crime element so they cannot be held liable.
Intoxication- INVOLUNTARY intoxication only an excuse never voluntary
Age- Children UNDER age of 7 have no mens rea and cannot be held liable
Duress- Crime done to prevent death/serious harm to oneself or others
Mistake- not a common excuse.
Provocation- one person angers another just to elicit response, usually only in minor cases
Diminished capacity- mental condition alone cannot remove guilt only REDUCE criminal responsibility
Insanity defense- state of mind negates crim. responsiblity. Used very rarely.
Irresistible Impulse- could not control actions at the time
Substantial capacity- mental capacity can't tell wrong and right (combo of M'Naughten test and Irresist. impluse)
NGRI- gets put into psych ward instead
Guilty but mentally ill- held responsible but has mental incompetence. |
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Definition
Defendant didn't had due process protection throughout CJS:
Entrapment- LE used decoys/deception to indulge criminal act
Dble Jeopardy- 5th amendment, cannot be charge with same crime twice
Selective Prosecution- no discrimination on appearance/culture/beliefs
Denial of speedy trial-6th amendment
Police Fraud- Evidence misleading, racism, use of force
Procedural misconduct- prosecution "cheats" |
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| Purpose of Law Enforcement |
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Definition
| Prevent crime, preserve peace, provide service, enforce law, apprehend suspects. |
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| Rule for determining insanity asking whether defendant knew what they were and doing and didn't know if it was right or wrong. |
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| The method police to obtain criminals: Traffic stop, ped. stop, warrant, investigate, confidential informant- usually paid. |
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| FBI has jurisdiction over these laws: murder, treason, espionage, civil rights violation, kidnapping, bank robbing, and interstate movement of stolen property. |
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| To protect and defend the US against terrorist and foreign intelligence threats....etc. |
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| Combined DNA Index System (CoDIS) |
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| FBI database of DNA profiles of missing persons, convicts, and unsolved crime scenes. |
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| FBI Forensic Lab examines evidence and provides expert testimony in court. Links information on wanted person, vehicles to police departments |
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| Created after 9/11 attack with main mission of preventing future terrorism. |
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| Drug Enforcement Agency (DEA) |
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| Assist LE, does surveillance and halting of drug imports. |
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| First state law enforcement--->purpose to support LE to provide training, run forensic labs, and assist when needed. |
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| Responsible for county jail, providing, court service, serving court paper, etc. |
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| Policing with main goal of CONTROLLING illegal behavior and maintaining order- LOTS of police discretion. |
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| Policing that DISALLOWS DISCRETION, inflexible meaning of law and enforcement of illegal activities. |
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| Person that cannot be held liable for crime due to mental defect or illness; e.g. down syndrome. |
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| Policing that need for community policing over enforcing the law. Concerned with HELPING/serving rather than strict enforcement. |
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| Makes a group of officers responsible for one area in their district for a long time so they can get to the community and make a strong relationship with them. |
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| Policing that assume that many crimes cause by existing social conditions and targets and attempt to resolve the problem through counseling, welfare, education, negotiation, etc. |
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| Policing which involves a partnership between LE and the citizens. They work together to identify and find solution to problems within community. |
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| Observation that showed disorder (broken windows, dilapidated houses, etc.) in neighborhood creates fear in community because it attracts crime. Police require citizens help to curb that crime and reduce fear. |
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Observation/experiment that placed different numbers of LE in different beats and showed their results:
Presence/absence of police didn't affect crime rates or citizens' attitudes towards police (didn't feel safer)
Displacement of crime-crime moved from a supersaturated area until saturation ended then the crime would return. |
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| Increasing number of officers in a certain area at a certain time when crime rates appear to be higher at the time/place. |
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| Type of policing where officers take INITIATIVE to fight crime instead of waiting for it to happen. |
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| Quick responses for major/violent/in progress crimes and a normal response for regular calls for service. |
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