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65 Cards in this Set
- Front
- Back
Criminal Justice: |
The sum total of society's activities to defend itself against the actions it defines as criminal |
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George Wickersham: |
Found in his report the Wickersham report that criminal justice had very little justice. |
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Omnibus Crime Control and Safe Streets Act |
Act that was passed in 1968 which created the LEAA |
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Systems of criminal Justice: |
Police-Courts-corrections |
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Cake Model: |
1. celebrated cases 2. seroius felony cases 3. lesser felony cases 4. misdemeanor cases |
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1967 phases and paths: |
1. entry into system 2. prosecution and pretrial services 3. adjudication (formal trials) 4. sentencing and sanctions 5. corrections |
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Probable cause: |
Set of facts that would lead a reasonable person to believe that an accused person committed the offense in question |
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Exclusionary rule: |
rule prohibiting use of illegally obtained evidence in a court of law |
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Reasonable suspicion: |
Susispicion that a person has been or may engage in a crime |
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Preliminary hearing and grand jury: |
Preview of a trial held in court before a judge in which the prosecution must give enough evidence for the judge to allow a full trial, grand jury is a panel of 16 to 23 citizens who screen the evidence to decide whether a formal charge is justified |
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Prima Facie Case |
Case in which there is evidence that would warrant the conviction of the defendant unless otherwise contradicted |
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Free speech: |
Provided by the first amendment in the bill of rights |
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Prisoners rights: |
Criminals are still citizens and subject to the majority of rights that citizens enjoy |
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Indictment: |
accusation against a criminal defendant rendered by a grand jury on the basis of evidence constituting a prima facie case |
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Plea bargaining: |
When a defendant pleads guilty for a reduced sentence, must be done in the presence of the judge, defendant, prosecution, and defence |
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Sentencing guidelines: |
Certain crimes can only be punished to the extent the law allows, if the set max for jail time of a misdemeanor is 1 year the judge cannot sentence you for longer |
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Probation: |
Alt to prisonment allowing a person to live in a community under supervision and restrictions |
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Alt. sanctions: |
Punishments or other dispositions imposed instead of the principal sanctions currently in use. |
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Parole: |
Supervised conditional release of a convicted prisoner before expiration of their prison sentence. |
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In re Gault case: |
Landmark case that assured juveniles the same rights as adults in court |
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Direct File: |
the ability for prosecuters to try to have a child tried as an adult (for serious crimes) |
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Transnational crime: |
Criminal activies extending into and violating laws of multiple countries |
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Extradition: |
Process of ancient origin by which an alleged offender is transferred form one country to anoter for trial |
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International Crime: |
Crimes violating international law (typically war crimes) |
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Aggression: |
Use of armed force by a state against another state or its property |
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International crime court: |
Established by the united nations, are temporary criminal courts created to try defendants accused of crimes under international law |
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Terrorism: |
The use or threat of violence against people or governments to bring about a change for the terrorists liking |
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Money laundering: |
Converting dirty money into clean money through manipulation of the banking system. |
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Homicide: |
the killing of one person by another |
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criminal homicide: |
unjustified killing of another |
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assault: |
unlawful offer or attempt with force to hurt another |
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simple assault |
attack that inflicts little harm to victim |
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aggravated assault |
attack that inflicts serious harm, or uses a deadly weapon |
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robbery: |
the taking of the property of another out of his presence by usage or threat of violence |
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larceny |
trespassory taking of personal property in order to deprive the owner of their property permanently |
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fraud |
acquisition of the property of another through deception |
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burglary |
the nighttime breaking and entering of a dwelling house of another with intention to commit crime |
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arson |
malicious burning of the dwelling of another or their property |
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White collar crime: |
Business related or corporate crime |
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Churning: |
practice of trading a clients shares of stock frequently to generate large commissions |
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bankruptcy fraud: |
Scam designed to take advantage of loopholes in the bankruptcy laws |
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Consumer fraud |
the act of causing a consumer to surrender money through deceit or misrepresentation of fact |
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embezzlement |
the conversion of property with whichone is entrusted |
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corporate crime: |
criminal act committed by one or more employees of a corporation that is attributed to the org. itself |
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Sherman antitrust act |
passed in 1890 to prohibit any contract, conspiratcy, or interest in restraint of foreign or interstate trade |
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organized crime |
illegal behavior that is planned and carried out by groups of people in a very systematic fashion |
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index crimes |
the eight major crimes, crim homicide, foricble rape, robbery, aggravated assault, burglary, larceny/theft, motor vehicle theft, arson |
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arrest: |
seize and hold somebody under legal authority |
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psychopathy: |
condition in which a person has no sense of responsability, disregards truth, is insincere, and feels no guilt, shame, or humiliation |
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modus operandi |
means and method by which crime is committed |
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subculture |
a subdivision within dominant culture that has its own beliefes and norms |
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labeling theory |
explanation of deviance in terms of the way a person acquires a negative identity, and is forced to suffer the consequences (ex-con) |
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conflict theory |
model of crime in which the criminal justice system is seen as being used by the ruling class to control the lower class |
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Seven basic principles of criminal law |
1. legality (crime clearly defined in law) 2. Conduct (capable of rational decision making at time of crime) 3. harm (how value of crime is calculated 4. causation (howd it happen? 5. Mens Rea (guilty mind criminal intent) 6. concurrence requirement (whether a crime was accidental as a result of another crime) 7. punishment
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Mala Prohibita |
wrongs that are merely prohibited |
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mala in se |
offenses deemed inherently evil |
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tort |
wrong commited by one person against another |
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felony |
serious crime subject to above a year in jail and also subject to capital punishment |
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misdemeanor |
less serious crime than a felony with a max jail time of 1 year |
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violation |
infraction of the law for which normally only a fine can be imposed |
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insanity |
a defense used when the defendant claims they were not mentally sane at the time and thus not responsible for their actions |
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durress |
when a person or worker is threatened for property |
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accessoryship |
criminal liability of all those who aid the perpetrator of an offense |
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accomplice |
person who helps another commit a crime |
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conspiracy |
agreement among 2 or more persons to commit a crime |