SOCL 3371 quiz 2

  1. five stages of the criminal justice system
    entry, pretrial services and prosecution, adjudication, sentencing and sacntions, and correction
  2. selective enforcement of the law
    justice personnel may enforce some laws and not others or may enforce them in some situations and not other situtations
  3. discretion
    the authority to choose among alternative actions
  4. founding decision
    decision made by the police that a particular incident should be treated as a crime (founded) or not treated as a crime (unfounded)
  5. arrest
    the action of taking a person into custody for the purpose of changing him or her with a crime
  6. warrant
    a writ issed by judicial officer ordering law enforcement to perform a specific action such as a search or an arrest
  7. prosecutor
    a government attorney who instigates the prosecution of an accused and represents the state at trial
  8. initial appearance
    the first court processing stage after arrest, in which the accused is brought before a judge or magistrate to hear the formal charges
  9. indictment
    a formal document of a criminal charge against an accused, issued by a grand jury, basedd on evidence presented by the prosecutor
  10. grand jury
    a group of citizens, between sixteen and twenty three, assembled to determine whether sufficient evidence exists to support the prosecution of the accused
  11. arraignment
    a hearing before the court in which the defendant is formally informed of the charges and is required to enter a plea
  12. bail
    money or other security placed in custody of the court in order to ensure the return of a defendant to stand trial
  13. release on recognizance (ROR)
    a non-financial release in which the accused promises to appear in court on the required date
  14. adjudication
    the process whereby the court arrives at a decision regarding a particular case
  15. jury trial
    evidence is presented to a panel of citizens, who are required to determine the defendant's guilt or innocence of the charges
  16. bench trial
    court proceedings in which a judge hearsthe evidence and determines the defandant's guilt or innocence.
  17. sentence
    the specific penalty for a specific crime
  18. conviction
    the judgment of a court, based on the verdict of a jury or judicial officer, that the defendant is guilty of the offense charged
  19. corrections
    a term that encompases all the government agencies with authority for the intake, supervision, confinement, transportation, treatment, and custody of convicted offenders
  20. furlough
    an authorized absence from a correctional institution for a specified period of time.
  21. probation
    a criminal sentence that allows offenders to reside within the community
  22. parole
    conditional release and supervision within the community as part of a criminal sentence.
  23. wedding cake
    a model of the justice process that describes the public's and the media's focus on a few extraordinary and exceptional crimes
  24. felony
    an offense punishable by more that one year in state or federal prison
  25. misdemeanor
    a relatively minor offense punishable by a fine or up to one year in jail
  26. justice funnel
    a model of the justice process that depicts the impact of discretionary decision making by criminal justice personnel as they sort and filter defendants through the five stages
  27. assembly-line model
    a model of the justice process that depicts the system as processing cases as swiftly and efficiently as possible and in a standard manner.
  28. standardization
    the concept that each case is treated according to the same rules, regardless of individual circumstances
  29. obstacle-course model
    a model of the justice process which depicts the system as complex and convoluted, deliberately dificult to negotiate in order to protect due process rights of the accused
  30. individualization
    the concept that each case be treated on the basis of its own unique and specific facts
  31. the dilemma of discretion
    discretionary decision making is essenial for justice but also creates possibilies for discrination and bias in the justice process
  32. ideal of expressive justice
    the use of harsh punishments to express moral outrage at the injustice of crime
  33. legal guilt
    proof of criminal liability beyond a reasonable doubt by admissible evidence within a court of law
  34. criminal liability
    the degree of blame worthiness assigned to a defendant as a result of legal adjudication
  35. material elements of the crime
    the five key elements common to almost all criminal statutes which must be proven within a court of law beyond a reasonable doubt according to the rules of criminal procedure and evidence to establish legal guilt
  36. actus reus
    the physical element of the criminal act
  37. human conduct rule
    the legal principle that a person must commit as act (performance, deed, or movement) or a failure to act (where the law specifies a duty to act) in order to be subject to criminal sanctions
  38. mens rea
    the mental elements in crime, or criminal intent, or the guilty
  39. motive
    reasons a person commits a particular action
  40. degree
    the level of seriousness of the crime
  41. specific intent
    the thoughtful and conscious intention to perform a specific act in order to achieve a particular outcome
  42. general intent
    state of the mind inferred from the behavior or conduct itself to commit the act
  43. criminal negligence
    creation of high risk of harm without consciousness
  44. construtive intent
    state of mind in which a person acts without intending harm but with a complete disregard for the rights and safety of others
  45. criminal recklessness
    knowing creation of high risk of harm to others
  46. strict liability statutes
    crimes for which one may incur liability without fault or intention
  47. homicide
    the killing of a human being by the act, procurement, or omission of another human being
  48. justifiable homicide
    homicide that is permitted under the law by reason of selfdefense, necessity, or the execution of a public duty
  49. excusable homicide
    homicide that is committed by persons without legal liability for their conduct or in a manner that the criminal law does not prohibit, e.g., accidentally
  50. criminal homicide
    the purposeful, knowing, reckless, or negligent causing of the death of one human being by another
  51. murder
    the killing of one human being by another with malice or premeditation
  52. felony murder
    if a death occurs during the commission of a felony, the person committing the primary offense can also be charged with murder
  53. manslaughter
    the unlawful killing of a human being without malice or premeditation
  54. voluntary manslaughter
    the unlawful killing of a human being without malice but that is done intentionally upon a sudden quarrel or in the heat of passion
  55. involuntary manslaughter
    an unintentional killing for which criminal liability is imposed
  56. vehicular homicide
    the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another
  57. reasonable person standard
    the circumstances as they appeared to the defendant would have created the same beliefs in the mind of an average, normal, sensible human being
  58. concurrence
    the simultaneous coexistence fo an act in violation of the law and a criminal intent
  59. causation
    a causal link between an actor's conduct and a harm
  60. "but for " standard
    a standard for determining causality which holds that "but for" the conduct of the accused, the harm in question would not have occured
  61. harm
    loss, disadvantage, or injury to a victim
  62. affirmative defenses
    defenses raised by the defendant's counsel that carry the burdenof proof beyond a reasonable doubt
  63. defense of alibi
    legal defense in which the defendant claims to have been in a different location when the crime was committed
  64. defenses of justification
    a category of legal defense in which the defendant admits committing the act in question but claims that it was necessary to avoid some greater evil
  65. public duty
    a defense that claims the defendant was lawfully exercising authority at the time the act was committed
  66. necessity justification
    a defense to a criminal charge that claims it was necessary to commit some unlawful act in order to prevent or avoid a greater harm
  67. self-defense
    a defense to a criminal charge based on a person's inherent right to self-protection and to reasonably defend himself or herself from an unlawful attack
  68. defenses of excuse
    a category of legal defense in which the defendant claims a personal condition at the time of the act that excuses him or her from criminal liability under the law
  69. ignorance of law
    lack of knowledge of the law or the existence of the law
  70. mistake of fact
    a defense claiming an error or misunderstanding of fact or circumstances resulting in an act that would otherwise not have been undertaken
  71. defense of duress
    a defense to a criminal charge that the defendant was forced to act against his or her will
  72. voluntary intoxication
    intoxication that is the result of willful personal choice
  73. involuntary intoxication
    intoxication that is not willful
  74. defense of infancy
    a defense that claims that individuals below a certain age should not be held criminally liable for their actions by virtue of their young age.
  75. entrapment
    the inducement of an individual to commit a crime not contemplated by him and her
  76. defenses of insanity
    affirmative defenses seeking to prove a mental state that prevents an individual from comprehending the nature and consequences of actions or from distinguishing right from wrong
  77. battered woman (person) syndrome
    a condition characterized by a history of repetitive by a history of repetitive abuse and learned helplessness
Card Set
SOCL 3371 quiz 2
criminal justice socl 3371