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acquisition of the jury panel
venire
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Swain v. Alabama, 1965
Can't use challenges "consistently and systematically" to eliminate jurors on basis of race
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Batson v. Kentucky, 1986
Can request a race-neutral explanation on a peremptory challenge (Batson objection)
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7th amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved
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For forcible rape, often need to prove both ___ and ___
force & lack of consent
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includes sexual behavior when person is incapable of declining participation or communicating unwillingness
sexual abuse
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____ out of every 100,000 people are victims of forcible rape
28.7
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Who commits rape?
Nearly half younger than 25, more than 16% younger than 18; engage in wide range of antisocial behavior over life span; physical force; deficient in social skills
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typologies
organizing behavioral patterns into ordered groups; help with risk management; help with treatment programming; help estimate risk of future offending; no exact match
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Six variables of MTC:R3 (classification model for rapists)
aggression, impulsivity, social competence, deviant sexual fantasies, sadism, distorted or irrational attitudes
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Aggression used to achieve a goal
instrumental
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Aggression used to cause humiliation or pain to victim
expressive
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deficit in self-control; differentiates repetitive sex offenders from nonrepetitive
impulsivity
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wide range of behaviors related to ability to get along well with others
social competence
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deviant mental imagery that is sexually arousing or erotic; necessary precursor to deviant sexual behavior
deviant sexual fantasy
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Content, frequency, and intensity of ____ differentiate solo and serial sexual murderers
deviant sexual fantasy
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violence, cruelty, and malicious acts; sometimes sexually arousing to offenders
sadism
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distorted attitudes/beliefs (that justify deviant behavior)
hostility towards women; belief that force is legitimate; belief that violence is manly; men should be dominant; hostile attribution bias
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sexual arousal in the context of inappropriate objects/persons, almost exclusively
paraphilia
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arousal from rubbing against strangers
frotteurism
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arousal from watching others engage in sexual activity
voyeurism
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5 variables of MTC:CM3 (Mass. Treatment Center, Child Molesters)
fixation; social competence; amount of contact; level of physical injury; presence of sadism
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____ have higher recidivism than _____
child molesters; rapists
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NJ v. Timmendequas, 1999
Megan's law; notification of community when sex offender moves in neighborhood
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Kansas v. Hendricks, 1997
Persons charged/convicted of sex offense, suffer from mental d/o, & likely to engage in predatory acts can be civilly commited following sentence
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