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criminal justice quiz 2
quiz 2
44
Criminal Justice
Undergraduate 1
02/24/2016

Additional Criminal Justice Flashcards

 


 

Cards

Term
negligence
Definition
no company can make you sue
Term
contributory negligance
Definition
responsible for part of the issue
Term
Social structure theory
Definition
more likely to commit a crime because of economics, housing, lying/stealing, abusing animals, or unemployed
Term
Women and crime
Definition
over the last 20 years it has doubled ages 16- 24
Term
goals of the CJ system
Definition

justice- hands of prosecutor

control crime- police work within rules

prevent crime- removing oppurtunites like theft with an alarm system

Term
citizens arrest
Definition
nonpolice official physically restraining someone who commited a crime (have to see it)
Term
vigilante
Definition
takes law into own hands
Term
guardian angel
Definition
red coats, walked around subways and neighborhood and crime rate decreased
Term
neighborhood watch
Definition
walk around at night to control and prevent crime
Term
federalism
Definition

federal government and states share power

ex: federal gov. will give state monet for highways if they need something in return

Term
characteristics of CJ system
Definition

resource dependent- tax dollars, dont charge money

sequential tasks- in order

filtering process- dismessed or diverted

plea bargain- asking for consideration, DA weighs out options

Term
outcomes of an appeal
Definition

waive-giving up right

affirm- virdict if affirms, everthing done right, defendent is punished

reverse- defendent won, technical issues

remand- "on remand" court, prosecutor made a mistake, just fix mistake

Term
6th amendment
Definition
right to an attorney and right to a jury trial
Term
criminal vs. civil
Definition

criminal- beyond a reasonable doubt

civil- 51% seeking money

Term
civil forfeiture
Definition

government can sieze property 51%

ex: finding a substancial amount of drugs, car paid for in cash

Term
retribution
Definition
punishment for nothing but paying for what you did
Term
deterence
Definition

specific and general

trying to stop one person

"deter" means to stop

Term
incapacitation
Definition

physically removing from setting where he can not offend

ex: soltiary

Term
rehabilitation
Definition
people commit crime because its a sickness
Term
four major duties of a police officer
Definition

keep peace

apprehend violators

prevent crime

providing social services

Term
miranda
Definition
custody and interrogation both need to be present to give miranda
Term
six sources of criminal law
Definition

common law from England

constitution 1789

statutes

supreme court or state supreme court

administrative regulations

Term
civil commitment
Definition

have checkpoints to see if they made progess

mental health

drugs and alc

sexually dangerous

Term
substantive law
Definition
you cant kill, rob, etc. main body of law
Term
procedural law
Definition
how to enforce the law
Term

7 principals of law

 

Definition
legality, actus rues, causation, concurrence, men's rea, punishment
Term
legality
Definition
there must be a law that defines the specific action as a crime
Term
actus reus
Definition
criminal laws are aimed at human acts, including acts that a person failed to undertake
Term
causation
Definition
for a crime to have been committed, there must be a casual relationship between an act and the harm suffered
Term
concurrence
Definition
for an act to be considered a crime, the intent and the act must be present at the same time
Term
men's rea
Definition

the commission of an act is not a crime unless it is accompanied by a guilty state of mind

intentional intent to commit a crime

"evil"

Term
punishment
Definition
there must be a provision in the law calling for punishment of those found guilty of violating the law
Term
attendent circumstances
Definition
lying under oath
Term
common law- murder
Definition

intent to kill and intent to cause serious harm

emtreme reckless/depraved heart (selfishly kill)

felony murder- unintended death

Term
statutory laws- murder
Definition

1st degree- intent to kill, planned out, life in prison

2nd degree- any murder that is not 1st, parol at 15

manslaughter- voluntary; intended to kill 5-7 years

involuntary; misdemeanor manslaughter, no weapon, 1 year ex: motor vehicle

Term
attrocity
Definition
shocking
Term
malice aforethought
Definition
evil
Term
strict liability crime
Definition
dont have to prove anthing but act
Term
common law- rape
Definition

husband exception

victim has to be woman

only male can be charged

victim must have physically resisted

Term
rape shield law
Definition
reputation and sexual history of victim is not admissible in court, unless previous relationship with defendent
Term
necessity
Definition
aloud to break the law to save yourself, natural force
Term
duress
Definition
someone forces you to commit a crime, good defense for all crimes but murder
Term
infancy
Definition

too young to form mens rea to commit a crime

ages 7-14 charged as juvinile

Term
common law- infancy
Definition
no one under 7 can be charged
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