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an act prohibited by law, or an omission required by law. |
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_____ & _____ were viewed as equal in colonial justice |
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1992 beating that shifted the public's focus onto issues of police brutality |
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The King of White Collar Crime |
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fraudulent investment operation where the operator, an individual or organization, pays returns to its investors from new capital paid to the operators by new investors, rather than from profit earned by the operator. |
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concept that embraces all aspects of civilized life. It is linked to notions of fairness and to cultural beliefs about right and wrong |
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Fairness in relationships between citizens, govt agencies, and businesses in private manners. |
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aspects of social justice that concern violations of the criminal law |
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assumption that the various parts of the justice system work together by design to achieve the wider purpose we have been calling justice |
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the interests of criminal justice agencies tend to make actions within the system self-serving |
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focuses and emphasizes individual right at all stages of he criminal justice process |
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What is Criminal Justice? |
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The management of police, courts, and corrections and the study of causes and treatments of crime |
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The first part of the CJ process
brings a criminal matter to the attention of law enforcement |
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The second part of the CJ process
Evidence is gathered |
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The 4th Amendment = ______ & ________ |
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"Facts and circumstances that would lead a reasonable person to believe that a crime has been or is about to be committed" |
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probable cause is the constitutionally required standard for cops to effect an arrest |
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Why do cops need probable cause? |
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Third part of the CJ Process
sometimes this is done at the scene, others a warrant is issued by a judge |
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Fourth Stage of the CJ Process
pictures are take, fingerprints made, and personal information is gathered here. This makes an arrest offical |
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First Appearance Preliminary Hearing Indictment Arraignment |
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Fifth part of the CJ Process are the Pre trial activities which include |
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The Bail Bonding Magic Number |
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The sixth part of the CJ process
every criminal has a right to a TRIAL by jury (6th amendment) |
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A type of trial in which the jury determines innocence or guilt |
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A trial in which the judge determines innocence or guilt |
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Burden of Proof in a Criminal Trial |
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"Proof beyond reasonable doubt" |
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Burden of Proof in a civil trial |
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"a preponderance of the evidence" |
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The seventh part of the CJ process
Once a person has been convicted, it becomes the responsibility of the judge to impose some form of punishment |
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Eighth part of the CJ process
Where offenders will "do time" for their crimes |
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Ninth part of the CJ process
not everyone who is convicted of a crime and sentenced ends up in prison because of these |
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Uniform Crime Reporting (UCR) |
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Collects crime statistic through crime reports |
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National Crime Victimization Survey (NCVS) |
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Surveys sent out to citizens to gather information on crimes |
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National Incident-Based Reporting System (NIBRIS) |
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In 1988, the FBI's UCR Program made this system that is incident driven compared to the UCR being "summary driven" |
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Raw Figures, Percent Changes & Crime Rate per 100,000 |
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What are the three ways the UCR expresses data? |
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Murder, Forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny-Theft, Motor Vehicle Theft & Arson are all _______ offenses. |
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_____ _______ are a more reliable way to measure crime than raw numbers |
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a classification scheme used in the study and description of criminal behavior |
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There were over ___ incidents of school shootings in the US between 1996 - 2007
-Virginia Tech was the deadliest |
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The best predictor of adult criminality is ________ __________. |
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alleged offender/ wrongdoer |
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set of formal rules for maintaining social order and control
Considered crimes against society bc they break rules that have been est. for the common good of society |
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Type of criminal law that defines behaviors that are prohibited |
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Type of criminal law that defines the rules by which substantive law is applied |
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Set of formal rules that regulate disputes between private parties and is primarily concerned with issues of personal injury and compensation |
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The primary purpose of tort law is to... |
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Libel Slander False Imprisonment Assault & Battery Negligen or intentional injury or death Products Liability Trespassing
Are all types of what law |
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Similarities between Civil & Criminal Law |
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Both designed to control behavior Both may require or prohibit certain actions Both permit govt to impose penalties Both may impose financial penalties Both may result in "Social Stigma" |
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Differences Between Civil & Criminal Law |
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Crimes are public offenses, civil wrongs are private offenses
Crimes are punishable by incarceration, civil wrongs are punishable by fines
Govt brings criminal actions, individuals bring civil actions.
Fines from crime go to govt, fines from civil wrongs go to the damaged party. |
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1. Actual Damages 2. Compensatory Damages 3. Punitive Damages |
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3 Types of Damages in Civil Cases |
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Constitutions Statues Court Decisions Administrative Regulations |
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Four Sources of American Criminal Law |
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LATIN QUIZ Semper Ubi Sub Ubi |
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LATIN QUIZ Always Wear Under Wear |
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the rule of precedent translates as "To stand by things decided" |
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Judges follow previous decisions or ______ in order to maintain consistency in the law. |
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Wrong in itself
Ex. Assault, Murder |
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Wrong because the law says so
Ex. Jaywalking |
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Vagueness Repeal/ Amendment of Statute Cruel & Unusual Punishment Due Process & Equal Protection |
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The US has two levels of CJ |
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legal protection included in the US constitution that guarantees all citizens the right to be adjudicated under established law and legal procedures. |
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Two Main Goals of Due Process |
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Mens Rea Actus Reus Attendant Circumstances |
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"Guilty Mind"
conscious decision to commit a criminal act |
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The act itslef
The behavior that must be committed to meet the definition of a crime
ex. No death = No murder |
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In order for a crime to occur, there must be a direct link between the act and the harm that is caused. |
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Category of Crime that is the most serious
1 Year or more in prison and/or $1,000 fine |
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Medium Serious Crime Category
less than 1 year and/or less than $1,000 fine |
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lowest seriousness of crime categories |
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6 Main Types of Criminal Defense |
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1. Consent 2. Self-Defense 3. Entrapment 4. Double Jeopardy 5. Mistake, Compulsion, or Necessity 6. Exotic/ Designer Defenses |
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SHot four kids who were panhandling money to buy video games in a subway car. Was acquitted because he acted in "self defense" |
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a defense for a crime
choice of evils choosing the lesser evil |
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The Twinkie Defense- 1979 |
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MARTIN BLINDER, a psychiatrist, testified that DAN WHITE had been depressed when he fatally shot mayor GEORGE MOSCONE & supervisor HARVEY MILK arguing for a ruling of DIMINISHED CAPACITY & was incapable of premeditation required for a murder conviction. White was convicted of voluntary MANSLAUGHTER. |
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defense when the defendants criminal responsibility is negated due to the lack of a required mental state. |
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4 Different Instances in Which Insanity is Argued |
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At the time the crime was committed At the time of trial (Incompetency) During Incarceration Prior to execution |
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4 Types of Insanity Tests |
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M'Naghten Rule (1843) Irresistable Impulse Test (1887) Durham Test (1954) Substantial Capacity Test (1954) |
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