Criminal Justice

  1. The Four themes of Criminal Justice
    • Individual Rights vs. Public Safety
    • Public expectation vs. How system works
    • Role of actors, their discretion, effects of this discretion
    • Factual Guilt vs Legal Guilt
  2. What percentage of wrongful conviction in which someone goes to jail for something they did not do
    13 percent
  3. What is Factual Guilt
    Whether a defendant has committed a crime
  4. What is Legal Guilt
    whether guilt has been established through procedure/trial
  5. When can something be factually guilty but not legally guilty
    Inadmissible evidence, or not enough evidence
  6. What does administrative law take into account?
    Different departments, licenses, permits
  7. Examples of civil law?
    money from loss wages, damages (car,body), punitive damages
  8. What is civil law?
    a form of private law: governs the relationships between individuals in society. i.e. contract law, company law.
  9. What is tort law
    its a civil law, deals with damages
  10. what is criminal law?
    a form of public law designed to prevent or enforce certain types of behavior and punish offenders
  11. state of mind in civil law
    not required
  12. state of mind in criminal law
    usually required
  13. resolution in civil law
    trial or settlement
  14. resolution in criminal law
    trial or plea bargain
  15. standard of proof in civil law
    preponderance of evidence(more likely than not)
  16. standard of proof in criminal case
    beyond a reasonable doubt
  17. result in civil cases
    liability to pay damages
  18. results in criminal cases
    guilt that result in sentences
  19. What is double jeopardy
    You can't be tried for the same crime twice in the same district
  20. what is federalist
    system of government which the power is split between central (national) and regional (state) governments
  21. What are the 3 sources of law
    constitution, statutes, and case law
  22. What are the 4 law families
    civil law, common law, administrative, and penal law
  23. Goals of Criminal Justice
    Doing justice, controlling crime, preventing crime
  24. goals of doing justice
    • offenders will be held full accountable for their actions
    • the rights of people in contact with the system will be protected
    • like offenses will be treated alike, and officials will take into account relevant differences among offenders and offenses
  25. What does the case R v Dudley & Stephens address
    Necessity is not a defense to a charge of murder
  26. What are the two paradigms of criminal justice
    • Utilitarian/consequentialist approach: locates morality in consequence of the act
    • Categorical/value approach: locates morality in certain duties and rights
  27. Which paradigm does the law support
    Categorical/value approach
  28. what is the approach to controlling crime
    reactive approach
  29. ways of preventing crime
    • proactive approach: seeks to avoid/deter crime before it occurs
    • Eliminate causes of crime
  30. What is the system
    an operating set of interdependent institutions/ actors procedures and laws/ rules directed toward gaining(criminal justice)
  31. what is the validating authority in the criminal justice system
    legislature or police
  32. validating authority in due process model
  33. What is a crime
    when a person either acts, fails to act, attempts to act, or agrees to act in a way that is in violation of criminal law without defense or justification
  34. when does deviant behavior become criminal
    when its written out in law
  35. what is the law called, and what do laws make up
    statute, penal code
  36. what is delicta mala in se
    acts inherently, evil or bad
  37. what is delicate mala prohibita
    acts evil or bad because the government has labeled them as so
  38. Characteristics of criminal law
    • Politicality: only rules made by the state or federal government are crimes
    • Specificity: everyone needs to know what he/she must not do, law has to give fair warning
    • Uniformity: Evenhanded justice w/o respect to persons and their social status
    • Penal sanctions: law w/o punishments is impotent (ex imperfecta), does not always mean punishment
  39. What are the elements of the crime
    Actus reus, mens rea, concurrence, causation, harm
  40. What is a key factor in dealing with a crime
    Look at each individual act separately
  41. what are to components of actus reus
    • Human conduct: speech, attempt, doing vs. being
    • Voluntariness: on a brain level
    • Failure to act can be conduct
  42. 4 levels of mens rea
    • Purposeful: intentional
    • Knowing: stress on knowing, less on purpose
    • Reckless: aware of risk/harm
    • Negligence: should have known better
  43. How do you establish a mental state
    what would a reasonable person do?
  44. What is concurrence
    act and state of mind must occur at the same time
  45. What is causation
    the link between actor's conduct and the resutl
  46. the two components of causation
    • Necessary condition: but for standard
    • Sufficient condition: various correction, limitations, foreseeability, its void if there's a third party
  47. What is harm
    loss, disadvantage, or injury to a victim
  48. classifications of crime (6)
    visible crime, occupational crime, organized crime, crimes w/o personal victims, political crime, cyber crime
  49. What is a defense
    defense is a factor that justifies or excuses to actor's responsibility.
  50. The most common defenses
    • Alibi (factual)
    • Extenuating circumstances
    • Justifications or excuses
    • Diminish responsibility
    • Negation of mens rea
  51. Justification defenses
    • self-defense
    • necessity
  52. Excuse defenses
    • Immaturity
    • Duress
    • Entrapment
    • Mistake of fact
    • Mistake of law
    • Intoxication or Drugged Condition
  53. What is the filtering process
    a screening operation; a process by which criminal justice officials screen out some cases while advancing others to the next level
  54. adjudication
    the process of determining whether the defendant is guilty
  55. warrant
    a court order authorizing police officers to take certain actions
  56. information
    a document charging an individual with a specific crime
  57. indictment
    a document returned by a grand jury as a "true bill" charging an individual with a specific crime.
  58. Felony
    crime carrying a penalty of death or incarceration for more than one year
  59. misdemeanors
    offenses offenses punishable by incarceration of no more than one year in jail, probation or intermediate sanctions
  60. Visible crime
    • offense against persons or property committed primarily of people of low class.
    • "street crime" or "ordinary crime"
  61. occupational crime
    criminal offenses committed through opportunities created in legal business or occupation
  62. money laundering
    moving proceeds of criminal activities through a maze of business, banks, and brokerage accounts to disguise origin
  63. victimless crime
    offense involving a willing and private exchange of illegal goods or services that are in strong demand
  64. political crime
    an act that constitutes a threat against the state
  65. dark figure crime
    a metaphor for the crimes that are not reported to the police
  66. National Crime victimization surveys
    Interviews of samples of the US pop. to determine the number and types of criminal victimization and unreported crime
  67. what is victimology
    • examining the role that victims play in precipitating a criminal incident
    • examines impact of crimes on victims
  68. classical criminology view
    • views behavior stemming from free will, demands responsibility for perps.
    • need for punishments severe enough to deter others
  69. positivist ciminology view
    • behavior stems from social, biological, and psychological factors.
    • Punishments should be tailored to individual needs
  70. criminogenic
    having factors that bring about criminal behavior
  71. biological explanation
    emphasize physiological and neuro factors that predispose people to crime
  72. psychological explanation
    emphasize mental process and behavior as a predisposition for crime
  73. sociological explanation
    social condition that may cause people to commit crime
  74. social structure theory
    blame crime on the existence of a powerless lower class that lives with poverty and deprivation and often turns to crime in response
  75. anomie
    a breakdown or disappearance of the rules of social behavior
  76. social process theories
    theories that see criminality as normal behavior due to influences and how one is regarded my other
  77. learning theories
    see criminal behavior as learned
  78. theory of differential association
    people become criminals because they encounter influences that see criminal behavior as normal and acceptable
  79. control theories
    criminal behavior occurs because bonds or ties to society is weakened
  80. labeling theories
    causes of criminal behavior is linked to social process labeling certain acts as deviant or criminal
  81. critical criminology
    criminal law and the justice system are a means to control lower class, women, and minorites
  82. social conflict theories
    crime is a result of conflict in society
  83. feminist theory
    criticize existing theories for ignoring or undervaluing women's experiences in the criminal system
  84. life course theory
    identify factors that affect the start, duration, nature, and end of criminal behavior over the life of an offender
  85. legal responsibility
    the accountability of an individual for a crime
  86. Civil infraction
    minor offenses punished by small fines and no criminal record
  87. inchoate
    Incomplete offenses-conduct that is criminal even though the harm that the law seeks to prevent has not been done but merely planned or attempted
  88. Hall's seven principles of Law
    • legality: law defines specific act
    • actus reus: conduct, voluntairly
    • causation: casual relationship between act and harm
    • harm: act causes harm
    • concurrence: actus reus and mens rea
    • Mens rea: guilty mind
    • punishment: provision in law calling for punishment
  89. Tests for insanity
    • M'naghten: not knowing right-from wring
    • Irresistible impulse test: got a mental disease
    • Substantial capacity test: lack the capacity to understand wrongfulness
  90. Barron v. Baltimore
    the protections of the Bill of Rights apply only to federal actions of the government
  91. Powell v. Alabama
    An attorney must be provided to a poor defendant facing the death penalty
  92. fundamental fairness
    as long as the state's conduct maintains basic standards of fairness, constitution has not been violated
  93. incorporation
    the extension of the due process clause of the fourteenth amendment
  94. Gideon v. Wainwright
    poor defendants have right to counsel when charged with serious crimes. (six months or more moths of incarceration)
Card Set
Criminal Justice
Criminal justice Unit 1