Criminal Justice Exam 1 Review
Criminal Justice Exam 1 Review CJUS 2100
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This 10 page Study Guide was uploaded by Aubrey VanDrie on Thursday February 4, 2016. The Study Guide belongs to CJUS 2100 at University of North Texas taught by Jordan Winkler in Spring 2016. Since its upload, it has received 270 views. For similar materials see Crime and Justice in the U.S. in Criminal Justice at University of North Texas.
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Date Created: 02/04/16
Criminal Justice Exam 1 Review Chapter 1 What are the two most common models used among societies to label which acts should be punished as crimes? The consensus model: This crime model assumes that a diverse group of people can have similar morals. The conflict model: According to this model, the most politically powerful groups (based on social class, income, age, and race) influence the content of criminal law. Identify the components in the integrated definition of crime: - Punishable by sanctions based on the laws that bring about the loss of personal freedom or life - Considered an “offense against society as a whole” & prosecuted by public officials, not by victims - Punishable under criminal law, as determined by the majority or by a powerful minority, in some cases Formal justice system: Based on a written code of laws and a list of punishments that can be assigned for violating each one. Therefore, punishment for a crime cannot be based on the whim of the judge or court. Participants follow formal rules to create an “assembly line” like disposition of cases from arrest to punishment. Informal justice system: Model of the CJ system that recognizes the informal authority exercised by individuals at each step of the criminal justice process. Informal justice respects and protects fundamental rights and is impartial to influence. In terms of goals and methods, what is: The crime control model: A model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime The due process model: A model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information. This model emphasizes protecting the rights of the accused through formal, legal restraints on the police, courts, and corrections. What factors typically influence the public’s perception of the CJ system? Media, law enforcement, interactions with the court systems (correctional system), etc. Understand the difference: Crime: A type of deviant behavior that violates the formal criminal law. Deviance: Those who exhibit deviant behavior act and dress in a way that differs to the norms and values of wider society. Terms to know: Civil liberties: Individual rights protected by law from unjust governmental or other interference. Capital crime: A criminal offence, for which one of the options at sentence is the imposition of capital punishment, the death penalty. Crime index: The Federal Bureau of Investigation's uniform crime index in the USA is composed of seven index crimes: murder and non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny (theft), and motor vehicle theft. Dark figure of crime: The dark (or hidden) figure of crime is a term employed by criminologists and sociologists to describe the amount of unreported or undiscovered crime. Chapter 2 True/False: T F The terms “assault” and “battery” are synonymous T F On the local level, the duties of law enforcement agencies are split between counties and municipalities T F The concept of public order crimes can be linked to the Consensus model Know the six categories of crime: Violent: these crimes are further classified by degree. -Murder (unlawful killing of a human being), Assault (a threat or attempt to do violence to another person that causes that person to fear immediate physical harm), Battery (physically contacting another person with the intent to do harm), and Robbery (the act of taking property from another person through force, or intimidation) Property: crimes in which the goal of the offender is some form of economic gain or the damaging of property. -Larceny (theft), and Burglary (breaking and entering/intent of committing a felony) Public order: Sometimes referred to as a “victimless crime,” but this can be misleading. May create an environment that gives rise to crime. -Public drunkenness, prostitution, gambling, and illicit drug use White-collar: An illegal act or series of acts committed by an individual or legal business entity using non-violent means to obtain a personal or business advantage -Business related crimes Organized: Illegal acts by illegal organizations, usually geared toward satisfying the public's demand for unlawful goods and services. High-tech: The newest variation on crime, which directly relate to the increase in use of computers and technology by society. This technological dependency has left businesses -Soliciting minors, selling pornographic material, defrauding consumers Know the following theories: Sociological theories: Sociologists emphasize that human beings live in social groups and the social structure they create influence behavior. Conflict theory: Assumes that society is based primarily on conflict between competing interest groups (i.e. adult v. children, men v. women, etc.). Learning theory & differential association: Conceptual frameworks describing how information is absorbed, processed, and retained during learning. Cognitive, emotional, and environmental influences, as well as prior experience, all play a part in how understanding, or a world view, is acquired or changed and knowledge and skills retained. Rational choice theory: Framework for understanding and modeling social & economic behavior. Control theory: Close associations with important institutions and individuals control behavior. People are born “bad” and must be controlled to be “good.” For Hirschi, delinquency should be expected if a juvenile is not properly socialized (establishment of a strong moral bond between the juvenile and society). Social conflict theory: Marxist-based social theory which argues that individuals and groups (social classes) within society have differing amounts of material and non-material resources (such as the wealthy vs. the poor) and that the more powerful groups use their power in order to exploit groups with less power. Labeling theory: Secondary deviance begins with an initial criminal act, or what Lemert called "primary deviance.” The self-identity and behavior of individuals may be determined or influenced by the terms used to describe or classify them. It is associated with the concepts of self-fulfilling prophecy and stereotyping. Social disorganization theory: Deviant behavior is more likely in communities where social institutions such as family, schools, and the CJ system fail to exert control over the population. Strain theory: (1938) Belief that crime is the result of frustration felt by individuals who cannot reach their financial or personal goals through legitimate means. Inability to achieve social success (unequal opportunity) and crime. Classical theory & Deterrence: One of the earliest secular approaches, based on the assumption of free will, this theory believes that crime is committed after the individuals have weighed the pros and cons. General deterrence can be defined as the impact of the threat of legal punishment on the public at large. Specific deterrence can be seen as the impact of the actual legal punishment on those who are apprehended. Social bonding theory: The four basic elements of social bond theory are attachment, commitment, involvement in conventional versus deviant or criminal activities, and lastly the common value system within an individual's society or subgroup. Terms to know: Victim-less crime: Offenses involving a willing and private exchange of illegal goods or services that are in strong demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being injured. Uniform Crime Report (UCR): An annually published statistical summary of crimes that are never reported by the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies. Part I offenses: Crimes that, due to their seriousness and frequency, are recorded by the FBI to give general ideas of crime level in the United States each year. Most likely to be reported in the media. Part II offenses: All remaining crimes recorded by the FBI that do not fall into the category of part I offenses. These are less serious offenses that carry lighter punishment. National Crime Victimization Surveys (NCVS): Interviews of samples of the U.S. Population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimization and thus the extent of unreported as well as reported crimes. Self-reported Survey: Persons are contacted directly about specific activity to which they may have been a party. These focus on the offenders instead of the victims. Chapter 3 Describe the four written sources of American criminal law: Constitutional law: federal and state governments have separate written constitutions. These are expressed laws (including the bill of rights) that are the “supreme law of the land.” Statutory law: the body of law enacted by legislative bodies. This includes the ordinances passed by cities and counties. Today’s federal law includes about 4500 offenses that carry criminal penalties. Administrative: body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. -OSHA, FDA, EPA Case law: the rules of law announced in court decisions. These laws may vary from jurisdiction to jurisdiction (precedent). Legal function of criminal law: protect and punish -bigamy, abortion Social function of criminal law: maintain and teach -Traffic laws, tax evasion, public intoxication How civil law differ from criminal law in terms of guilt/responsibility and burden of proof? Civil court decides if defendant is reliable. The burden of proof is very different in a criminal case versus a civil case. Crimes must generally be proved "beyond a reasonable doubt", whereas civil cases are proved by lower standards of proof such as "the preponderance of the evidence" (which essentially means that it was more likely than not that something occurred in a certain way). The difference in standards exists because civil liability is considered less blameworthy and because the punishments are less severe. Excuse defenses: Concentrates on the actor rather than the act Infancy: Protect from the criminal justice system those individuals of tender years who are less capable than adults of appreciating the wrongfulness of their behavior. Insanity: Excuse in criminal trials arguing that the defendant is not responsible for their actions due to an episodic or persistent psychiatric illness. Intoxication: Defense by which a defendant may claim diminished responsibility on the basis of substance intoxication. Justification defenses: About giving 'reasonable reason' for what was done (or not). It considers the context and concludes that fair play was served. Duress: Threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment. Self-defense: The defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime. Necessity: A defense that permits a person to act in a criminal manner when an emergency situation, not of the person's own creation compels the person to act in a criminal manner to avoid greater harm from occurring. Entrapment: Defense to criminal charges, and it's based on interaction between police officers and the defendant prior to (or during) the alleged crime. Terms to know: Felony: Punishable by death, crimes punishable by terms that must be served in state prison or state jail. Capital offense: In Texas, capital felonies are punishable by death or life without parole. Murder is an example of a capital felony. First degree felonies: A conviction for a first degree felony can result in life imprisonment or five to 99 years’ imprisonment, as well as a fine of up to $10,000. Sexual assault against a child is a first degree felony in Texas. Second degree felonies: Under Texas law, second degree felonies are punishable by two to 20 years in prison, and a fine of up to $10,000. Causing serious injury to a family member is a second degree felony. Third degree felonies: A third degree felony is punishable by two to ten years’ imprisonment and a fine of up to $10,000. For example, possession of five to 50 pounds of marijuana is a third degree felony. Misdemeanor: Less serious crimes that are punishable by up to one year in local or county jail. -A: Not more than one year in jail and a fine of $4,000 -B: Not more than 180 days in jail and a fine of $2,000 -C: Fine of $500 Infraction: The violation of a particular statute for which the penalty is minor, such as a parking infraction. Mala in se: Used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct Mala prohibita: Used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct evil in and of itself Mens Rea: The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Actus Reus: Action or conduct that is a constituent element of a crime, as opposed to the mental state of the accused. Concurrence: There must be a concurrence between a criminal intent and a criminal act that causes a prohibited harm or injury. Causation: Central to criminal law and must be proven beyond a reasonable doubt. The requirement of causality is based on two considerations: individual responsibility and fairness. Attendant circumstances: The facts surrounding an event. Prosecutors have to prove each and every element of the crime to yield a conviction. Harm: Any harm done to a person by the acts or omissions of another. Injury may include physical hurt as well as damage to reputation or dignity, loss of a legal right or breach of contract. 4 Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause. 5 Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces. 6 Amendment: Guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, and the right to an impartial jury. 8 Amendment: Prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. 14 Amendment: Protection of your basic laws, granted citizenship to all persons born or naturalized in the United States. Procedural due process: Legal doctrine in the United States that requires government officials to follow fair procedures before depriving a person of life, liberty, or property. Substantive due process: Principle which allows courts to protect certain rights deemed fundamental from government interference under the authority of the due process clauses of the Fifth and Fourteenth Amendments to the Constitution.
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