Term
What is the 4th amendment and how does it affect the criminal justice system?
what stage in the system is it in? |
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Definition
Illegal search and seizures
Need justification for stopping, questioning, or searching an individual.
Personal Privacy
4th amdendment is in the investigative stage |
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Term
What is the 5th amendment?
What stage or phase of the system is it in?
How does it affect the criminal justice system? |
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Definition
It limits the admissibility of confessions.
The right not answer questions in police custody.
Double Jeapordy
Due process claus
The 5th amendment is in the accusatory stage |
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Term
What is the 6th amendment and how does it affect the criminal justice system?
what stage of the system is it in? |
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Definition
Speedy and public trial
right to an attorney
The rights of a defendant in the trial period.
the 6th amdendment is in the adjudicatory stage |
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Term
What is the 8th amendment and how does it affect the criminal justice system?
what stage in the system is it in? |
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Definition
The 8th amendment sets limits for bail, excessive fines, and cruel and unusual punishment.
The 8th amendment is in the punishment/ sentencing stage. |
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Term
How did English common law start and evolve.
What did it create that helped society? |
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Definition
The king settled disputes, delegated his power to judges, had circuit court, judges encountered identical cases and used the same rulings for each one. used stare decis to stand by its decisions.
Common law created stability. |
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Term
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Definition
AKA the law of precedent
judges must stand by court decisions on identical cases. |
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Term
| stability caused by common law's stare decisis and law of precedence had what affect? |
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Definition
commercial activity flourished when they knew they werent going to get their stuff stolen.
they were protected by law. |
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Term
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Definition
| Delegates of the colonies went to Philadelphia to improve Articles of Confederation, but instead created the Constitution. |
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Term
| Constitution's policy on power |
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Definition
was delegated to different branches
power resides in the people |
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Term
| Three branches, in order, and their duties |
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Definition
Legislative- Makes the law
Executive- Enforece, or executes the law
Judicial- Apply the law |
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Term
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Definition
constitution is put into practice
Mr. smith says this is the real birthday of america as we know it |
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Term
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Definition
| Bill of Rights were put in place by the founding fathers |
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Term
| The 14th amendment states that |
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Definition
The state gov't is prohibited to deprive liberty, life, or property, from someone w/out due process.
Also known as the doctrine of incorporation-
All restricitions in the bill of rights are incorporated into the state gov't. |
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Term
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Definition
A written manifestation of law made by legislature and perhaps signed by the executive.
Statute makes the law known and
divides laws into misdemeanors or felonies |
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Term
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Definition
AKA a crime
as a general rule, an offense punishable by death, incacaration for more than a year, substantial fine, or death. |
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Term
| What defines a misdemeanor? |
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Definition
offense punishable by incarcaration for under a year and no substantial fines.
AKA Violations |
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Term
| What determines if a crime is a felony or misdemeanor? |
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Definition
| The maximum or quantum punishment allowable for the offense will determine whether a crime is a felony or misdemeanor. |
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Term
AKA for correspondence of actus reus and mens rea
is it required for conviction? |
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Definition
Corpus delicti
in most cases, mens rea, as well as actus reus is required for convictions. exceptions include speeding while not knowing, ect.. ( public safety or strict liability crime) |
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Term
| What was the LEAA and what does it stand for? |
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Definition
| The LEAA, or law enforcement assistance administration, was an agency funded by gov't to fund local and state justice agencies. |
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Term
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Definition
Social Control is the ability of society and its institutions to control, manage, restrain, or direct human behavior.
This is mostly from parents and schools and
most effective
in early childhood. |
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Term
| What are the three main parts of the CJ system? |
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Definition
Law enforcement agencies
The court system
the correctional system |
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Term
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Definition
| if a misdemeanor is committed out of the presence of the arresting officer, an arrest cannot be made. |
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Term
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Definition
| refusal to answer questions after arrest and to have attorneys provided |
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Term
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Definition
prosecutor drops a case after a complaint has been formall made
reasons would include:
evidence insufficiency
police error
office policy |
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Term
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Definition
| written statement of charges written by the prosecutor and approved by the grand jury |
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Term
| the preliminary hearing is when |
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Definition
| the court decides whether the case will go to trial |
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Term
an arraignment is when
(3 things) |
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Definition
the defendant pleas guilty or not guilty
the court sets bail
states what the charges are |
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Term
| Plea bargaining occurs when? |
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Definition
| before or after the arraignment |
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Term
court room work group consists of who?
what is its purpose? |
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Definition
| prosecutor, defense lawyer, judge and others work together to settle cases with least amount of effort from the courts. |
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Term
| Crime control perspective is a view that states: |
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Definition
| control and harsh punishment of criminals is the best deterrent. |
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Term
| The Rehabilitation perspective is a view that states |
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Definition
| That giving criminals the chance to better themselves is the best crime deterrent. |
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Term
| the due process perspective is a view that states |
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Definition
| the emphasis on criminal's rights and following the due process procedure accurately. |
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Term
| the nonintervention perspective is a view that states |
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Definition
that the least intrusive treatment is necessary
favors:
Decriminalization, decarcaration and diversion |
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Term
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Definition
| reducing the penalty of a crime w/out legalizing it |
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Term
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Definition
| taking first time offenders out of jails and treat them in the community. |
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Term
| the justice perspective is a view that states |
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Definition
everyone should be treated equally
should be evaluated on present behavior rather than past behavior |
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Term
| the restorative justice perspective is a view that states |
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Definition
healing the offender, victim, and community.
Peace not punishment! |
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Term
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Definition
| Rules that define crimes, punishments, and procedures. |
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Term
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Definition
| what the crime is and what the punishment should be |
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Term
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Definition
| Rules of the process of criminals throughout each stage of the system |
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Term
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Definition
all law that isnt considered criminal.
This includes:
Tort law
personal property
commerical law |
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Term
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Definition
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Term
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Definition
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Term
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Definition
injuries caused by reclessness or careless acts
accident with a driver who was texting |
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Term
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Definition
particular action caused by harmfully defective product
lifeguard not saving someone from drowning. |
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Term
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Definition
| government policies relating to the public, corporation, or other gov't |
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Term
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Definition
offenses that are just plain wrong/ evil/ malicious
murder
arson
theft |
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Term
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Definition
forbidden by theconstitution
punishment w/out trial |
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Term
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Definition
| mental state was impaired during the crime |
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Term
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Definition
it was reasonable or necessary under the circumstances.
self defense
consent
stand your ground
duress
necessity |
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Term
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Definition
| defense used in rape or larceny cases |
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Term
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Definition
| offender had immediate danger |
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Term
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Definition
more lenient self defense
someone is in your house or car
danger doesnt have to be immediate |
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Term
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Definition
| someone forces you to commit a crime |
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Term
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Definition
| no legal alternatives - must be the lesser of the two evils. |
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Term
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Definition
| defendant's state of mind made it impossible to have mens rea to be convicted |
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Term
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Definition
laws that are widely ignored, or dont apply.
example:
speed limit is changed from 55 to 65 because everyone goes over 55 |
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