Criminal Justice 101- Study Guide for Exam 1
Criminal Justice 101- Study Guide for Exam 1 Criminal Justice 101
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This 17 page Study Guide was uploaded by Renée on Friday February 5, 2016. The Study Guide belongs to Criminal Justice 101 at Grand Valley State University taught by Angela Morrison in Winter 2016. Since its upload, it has received 52 views. For similar materials see Justice and Society in Criminal Justice at Grand Valley State University.
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Date Created: 02/05/16
Criminal Justice 101 February 5, 2016 Study guide for exam 1 Ch 1-3 Chapter 1: Terms to know: Crime: An act that violates criminal law and is punished by using criminal sanctions Consensus Model: A criminal justice model where the majority of citizens have the same values and beliefs. The criminal acts go against these ideas of society Morals: Principles of right or wrong that are practiced by society Conflict Model: A criminal justice model where the content of criminal law is determined by the groups that hold political power Deviance: Behavior that is considered to go against social norms Criminal Justice System: The network of law enforcement agencies, courts, and corrections institutions designed to enforce criminal laws and protect society from criminal behavior Justice: The quality of fairness that must exist in the process designed to determine whether individuals are guilty of criminal wrongdoing Federalism: A form of government in which a written constitution provides for a division of powers between a central government and regional government Discretion: The ability of individuals in the criminal justice system to make operational decisions based on personal judgment instead of formal rules or official information Informational criminal justice process: A model of the criminal justice system that recognizes the informal authority exercised by individuals at each step of the criminal justice process Ethics: A system of moral principles that govern a person’s perception of right and wrong Crime Control Model: A criminal justice model that places primary emphasis on the right of society to be protected from crime and violent crimes Due Process Model: A criminal justice model that places primacy on the right of the individual to be protected from the power of the government Biometrics: Methods to identify a person based on his or her unique physical characteristics. Most common type used are fingerprints Street gang: A group of people (3+) that share a common identity and engage in illegal activities Drug: Any substance that modifies biological, psychological, or social behavior Psychoactive drugs: Chemicals that affect the brain, causing changes in emotion, perception, and behavior Homeland security: A concerted national effort to prevent terrorist attacks within the United States and reduce the country’s vulnerability to terrorism Terrorism: The use or threat of violence to achieve political objectives Civil liberties: The basic rights and freedoms of American citizens as guaranteed by the U.S Constitution, particularly the Bill of Rights Domestic terrorism: Acts of terrorism that take place on U.S. soil without direct foreign involvement Recidivism: Commission of new crime by a person who has already been convicted of a pervious crime and sent to jail or prison Capital crime: A crime act that makes the offender eligible to receive the death penalty Concepts to know: Goals of the criminal justice system: 1. Protect society from potential crimes of dangerous offenders 2. Determining what are considered offenses and how to deal with them 3. To rehabilitate past offenders so they are able to be reintroduced into society without posing a threat 4. To give support to the victims of crimes and return them to their pre-crime status Local law enforcement: o Duties are split between between counties and municipalities o The head of a county is usually the sheriff Elected by vote to a 2-4 year term o Most police are employed at a local level instead of state o Local police have duties to investigate crimes, attempt to lessen crime, apprehend criminals, ‘keeping the peace’ within communities, and now also to provide social services (not all duties listed) o State law enforcement: o Usually two types of state law enforcement agencies State police Highway patrols Concerns self with infractions on public highways and freeways Federal law enforcement: o In the last decades the areas of the federal governments concern have widened o Almost all government agencies have some sort of police power Ie: The Department of Homeland Security, the Drug Enforcement Administration, and the U.S. Secret Service o Federal law enforcers usually also work in collaboration with their local and state counterparts The Courts: o The United States has a duel court system Two independent judicial systems Federal State Police have increased their ability to be more efficient in preventing crime o This is called proactive policing, which is when police efforts of enforcing minor offenses increases o Hot-spot policing is when police target high-crime areas instead of evenly throughout areas Ways of keeping low inmate numbers: o Early releasing low level offenders o Focusing on rehabilitation o Keeping ex convicts from committing more future crimes Chapter 2: Terms to know: Murder: The unlawful killing of one human being by another Sexual Assault: Forced sexual intercourse or other sexual acts Assault: A threat or an attempt to do violence to another person that causes that person to fear immediate physical hard Battery: The act of physically contacting another person with the intent to do harm, even if the resulting injury is insubstantial Robbery: The act of taking property from another person without the use of force with the intent of keeping that property Larceny: The act of taking property from another person without the use of force, threat of force, or intimidation Burglary: The act of breaking into or entering a building without permission for the purpose of committing a felony Public order crime: Behavior that has been labeled criminal because it is contrary to shared social values, customs, and norms White collar crimes: Nonviolent crimes committed by business entities or individuals to gain a personal or business advantage Organized crime: Illegal acts carried out by illegal organizations engaged in the market for illegal goods or services, such as illicit drugs or firearms The Uniform Crime Report: An annual report compiled by the FBI to give an indication of criminal activity in the United States Part 1 offenses: Crimes reported annually by the FBI in its Uniform Crime Report Part 2 offenses: All other crimes besides part 1 offenses Victim surveys: A method of gathering crime data that directly surveys participants to determine their experiences as victims of crime Self reported surveys: A method of collecting crime data from offenders that relies on participants to reveal and detail their own criminal behavior Criminology: The scientific study of crime and the causes of criminal behavior Correlation: The relationship between two measurements or behaviors that tend to move together in the same direction Causation: The relationship in which a change in one measurement or behavior creates a recognizable change in another measurement or behavior o Theory: an explanation of a happening or circumstance that is based on observation, experimentation, and reasoning Hypothesis: A possible explanation for an observed occurrence that can be rested by further investigation Rational choice theory: A school of criminology that holds that wrongdoers weigh the possible benefits of criminal activity against the expected costs of being apprehended Biology: The science of living organisms including their structure, function, growth, and origin Psychology: The scientific study of mental process and behavior Genetics: The study of how certain traits or qualities are transmitted from parents to their offspring Hormones: Chemical produced that controls certain functions in the body Testosterone: The hormone primarily responsible for the production of sperm and the development of male secondary sex characteristics Social Disorganization Theory: The theory that deviant behavior is more likely in communities where social institutions Sociology: The study of development and functioning of groups of people who live together within a society Strain Theory: The theory that crime is the result of frustration and anger felt by individuals who cannot reach their financial and personal goals through legitimate means Social Conflict Theories: A school of criminology that views criminal behavior as the result of class conflict Social Process Theories: A school of crime that considers criminal behavior to be the predictable result of a person’s interaction with their environment Learning theory: The theory that delinquents and criminals must be taught the emotional and practical skills in order to do crime Control theory: A theory that assumes all individuals have potential for criminal behavior but most people are too aware and afraid of the consequences that would occur socially to them Life Course Criminology: The study of crime based on the belief that behavioral patters developed in childhood can predict delinquent and criminal behavior later in life Self control theory: criminal behavior that occurs predominantly due to the subject having low self control Repeat victimization: The theory that certain people and places are more likely to be subject to repeated criminal activity and that past victimization is a strong indicator or future victimization Drug Abuse: The use of drugs that results in physical or psychological problems for the user, as well as disruption of personal relationships and employment Prescription Drugs: Medical drugs that require a physician’s permission for purchase Concepts to know: To obtain the data needed for the UCR, the FBI relies on voluntary participation of local law enforcement agencies that base their information on: o The number of people arrested o The total number of crimes reported o Police employee data The national incident-based reporting system o Took action to improve the data collected starting in the 1980’s Result was the National Incident-Based Reporting Systems Became available to local agencies in 1989 Currently there are low levels of crime compared to the past o This is thought to be due to: Improvements in law enforcement The aging population The end of a crack-cocaine epidemic from the 1980’s Gentrification of high crime areas Crime, race, and poverty o Blacks are more likely to be homicide victims in comparison to whites o Blacks are more susceptible to gun violence than other races o Blacks are more likely to be sent to prison than whites for the same offence o What influences crime rates has more to do with the level of poverty an area has Women and crime o Female arrests from 1980 to 2009 has doubled It is either due to: Life circumstances and behavior of women has changed The attitude of the criminal justice system towards women has changed Main Theories on what causes crime: o Rational Choice Theory o Trait Theory o Sociological Theories o Social Conflict Theories o Social Process Theories Factors that lead to crime when high in number (from Social Disorganization Theory): o High school drop outs o Unemployment o Old and unfit structures (ie houses) o Single parent households Criminal acts require: o A likely offender o Suitable target o Absence of a guardian Mental Illness and victimization o People with mental illness are more likely to be victims due to: Their ability to maintain a job therefor causing poverty Being homeless which makes them an easy target Having a hard time making decisions in potentially dangerous scenarios How first time users become habitual users: o Learn how to properly use the drug o Find the effects to be pleasurable o Enjoy the social aspect of the drug Addiction o Most extreme abusers are physically dependent on a drug Dopamine is what causes physical dependence o Continuous use of drugs causes physical changes to receptors, or nerve endings in the brain and will make them be less sensitive Chapter 3: Terms to know: Constitutional law: Law based on the U.S. Constitution and the constitutions of the states Statutory law: The body of law enacted by legislative bodies Supremacy clause: A clause in the U.S. Constitution establishing that federal law is the supreme law of the land and will always have more power than state constitutions or statues Ballot initiative: A procedure through which the citizens of a state can force a public vote on a proposed change to state law, given they have enough support in the form of signatures Administrative law: The body of law created by administrative agencies in order to carry out their duties Case law: The rules of law announced in court decisions Civil law: The branch of law dealing with the definition and enforcement of all private and public rights as opposed to criminal matters Plaintiff: The person or institution that initiates a lawsuit in a civil court proceeding by filing a complaint Defendant: In a civil case, is the individual or entity that the action is being brought against, whereas in a criminal case it is the person who has violated a criminal law Beyond a reasonable doubt: The degree of proof required for criminal cases to find the defendant guilty Preponderance of evidence: The degree of proof required to decide in favor of one side or the other in a civil case that implies that it is more likely than not that something is true Felony: A serious crime punishable by death or imprisonment for a year+ Misdemeanor: A criminal offence that is less serious than a felony Infraction: A noncriminal offense for which the penalty is a fine instead of imprisonment Mala in Se: A term for acts that are morally wrong regardless of the law Mala Prohibita: A term for acts that are made illegal that are not specifically wrong on a moral level Corpus Delicti: The body of circumstances that must exist in order for a criminal act to have happened Actus reus: A guilty act Attempt: The act of taking steps to commit a crime regardless if carried out Mens rea: A wrongful mental state or intent which is necessary to establish liability Negligence: A failure to exercise the standard of care that a reasonable person would in certain situations Recklessness: The state of being aware that a risk exists but ignoring it and still doing the act Voluntary manslaughter: A homicide where intent to kill is present but lacks malice Involuntary manslaughter: A homicide where the offender does not intend to kill the other Strict liability crimes: Crimes which the defendant is guilty regardless of circumstance or state of mine Statutory rape: A strict liability crime where an adult and a minor take part in a sexual act Attendant Circumstance: The facts surrounding a criminal event that must be proved to convict the defendant of the underlying crime Hate crime laws: A statue that provides for greater sanctions against crimes targeting people based on race, ethnicity, sexuality, religion, gender, disability, or age Inchoate offenses: Conduct deemed criminal without harm actually occurring Conspiracy: A plot by two+ people to carry out an illegal or harmful act Infancy: A condition that excused criminal acts of young children due to their lack of comprehension Insanity: A defense for liability of committing a crime due to the mental state of the offender M’Naghten Rule: An insanity test of criminal responsibility that relies on the defendant’s ability to set right and wrong apart Substantial-Capacity Test: An insanity test that states a person is not responsible for their criminal acts when unable to understand their behavior is wrong Irresistible-Impulse Test: An insanity test where the offender knows their action was wrong, but they could not control themselves due to mental deficiency Competency hearings: A court proceeding to determine if a defendant is mentally competent enough to sentence Intoxication: Defense for criminal liability where the defendant claims that the level of intoxication they were at made them unable to make decisions Duress: Unlawful pressure on a person that causes them to preform an act they normally wouldn’t Self defense: The legally recognized privilege to protect one’s self or property from injury of another person Duty to retreat: Requirement of a person claiming self defense to prove that they first tried to leave the situation before using force Necessity: Defense against criminal liability where the defendant proves that the circumstances made it necessary to commit the crime Entrapment: Defense where the defendant claims that they were induced by a public official to commit a crime that they otherwise wouldn’t have committed Substantive criminal law: The rights and duties of individuals in respect to each other Procedural criminal law: The manner which the rights and duties of people may be enforced Bill of rights: The first ten amendments of the U.S. Constitution th th Due Process Clause: The provisions of the 5 and 14 amendments that guarantee no one is deprived of life, liberty, and property Procedural due process: A provision that states the law must be carried out in a fair and orderly manner Substantive due process: The requirement that laws used in accusing and convicting offenders are fair Concepts to know: Written sources: o U.S. constitution o Statues and ordinances o Regulatory laws o Case law Two functions of criminal law: o To maintain social order by protecting citizens o Protect the moral values of society Degrees of felonies Capital offenses: Maximum punishment is death First degree: Maximum punishment is life imprisonment Second degree: Maximum punishment is ten years of imprisonment Third degree: Maximum punishment is five years of imprisonment Types of misdemeanors o Gross: punishable by 30 days to a year of jail o Petty: punishable by fewer than 30 days in jail Elements of Corpus Delicti: o The actus reus o The mens rea o Concurrence o Causation o Attendant circumstance o The outcome involving harm Degrees of crime o Willful murder: Intent to kill, excludes negligence or accidents o First Degree Murder: Premeditated or deliberate killing o Second Degree Murder: No premeditation or deliberation but disregards the consequences of the action Being an accomplice to a crime is also punishable if o There was intent to help the offender o They receive commission from the offender Two defense routes: o The defendant is not responsible for the crime they committed o The defendant was justified in their actions Measuring sanity o Elements of insanity: Offender does not comprehend the consequences of their actions Offender does not know the act is wrong and criminal Offender is not able to control their actions To claim a valid defense of being unaware of a law: o The law must not have been published or is recent o The defendant relied on an inaccurate official statement Elements of duress: o The threat is of serious harm or possibly death o The harm threatened is greater than the harm of the crime o The threat must be immediate and unescapable o The defendant became involved through none of their own action Victim’s rights o Recent legislature now protects victims better o There are federal and state level laws designed to aid victims and give them more rights Crime Victim’s Right Act (2004) Informs victims of help and information on their rights Gives victims the right to be present at court hearings Allows victims to speak about what happened to them
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