Study Guide 1
Study Guide 1 CJUS 1100
University of Memphis
Popular in Intro to Criminal Justice
Popular in Criminal Justice
This 9 page Study Guide was uploaded by Ashley S on Sunday July 24, 2016. The Study Guide belongs to CJUS 1100 at University of Memphis taught by Dupont in Summer 2016. Since its upload, it has received 6 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Memphis.
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Date Created: 07/24/16
Administrative Rules made by government agencies to implement specific public policies in areas such as public health, environmental regulations pg134 protection, and workplace safety Court decisions that have the status of law and serve as Case law pg134 precedents for later decisions The confiscation of property by the state because it was used in or acquired through a crime. Civil forfeiture pg138 Recently police have used this to seize property that they believe was purchased with drug profits Law regulating the relationships between or among Civil law pg 131 individuals, usually involving property, contract, or business disputes Common law pg133 Judges follow precedents set by earlier decisions when they decide new but similar cases The basic laws of a country or state defining the structure Constitution pg134 of government and the relationship of citizens to that government The subjecting of a person to prosecution more than once in Double jeopardy the same jurisdiction for the same offense; prohibited by pg158 th the 5 amendment Entrapment pg 149 The defense that the police induced the individual to commit the criminal act Took on new life in 1980’s Neoclassical Criminology pg67 Crimes result from rational choice A legal doctrine supporting the idea that so long as a Fundamental state’s conduct maintains basic standards of fairness, the fairness pg159 constitution has not been violated A body of citizens that determines whether the prosecutor Grand jury pg162 possesses sufficient evidence to justify the prosecution of a suspect for a serious crime Inchoate offense Conduct that is criminal even though the harm that the law pg140 seeks prevent has been merely planned or attempted but not done The extension of the due process clause of the 14 th Incorporation pg159 amendment to make binding on state government the rights guaranteed in the first 10 amendments Indigent defendants People facing prosecution who do not have enough money pg163 to pay for their own attorneys and court expenses Legal The accountability of an individual for a crime because of responsibilities the perpetrator’s characteristics and the circumstances of pg129 the illegal act “Guilty minded” or blameworthy state of mind, necessary Mens rea pg140 for legal responsibility for a criminal offense; criminal intent, as distinguished from innocent intent Procedural criminal Law defining the procedures that criminal justice officials law pg132 must follow in enforcement, adjudication, and corrections The constitutional requirement that all people be treated Procedural due fairly and justly by government officials. An accused person process pg156 can be arrested prosecuted, tried, and punished only in accordance with procedures prescribed by law. Self-incrimination The act of exposing oneself to prosecution by being forced to respond to questions whose answers may reveal that one pg158 has comittes a crime Laws passed by legislatures. Statutory definitions of Statutes pg134 criminal offenses are found penal codes 1. Legality 2. Actus reus 3. Causation Seven Principles of 4. Harm Criminal Law pg139 5. Concurrence 6. Mens rea 7. Punishment An obligation or duty that when broken is an offense that can be judged criminal without a showing of mens rea, or Strict liability pg146criminal intent; usually applied to regulatory offenses involving health and safety Substantive Law defining acts that are subject to punishment and criminal law pg 131 specifying the punishments for such offenses The process of determining whether the defendant is guilty Adjunction pg103 or not guilty The physical taking of someone into custody on the grounds Arrest pg106 that probable cause exists to believe that he or she has committed a criminal offense The authority to make decisions without reference to Discretion pg99 specific rules or facts, using instead one’s own judgement; allows for individualization and informality in the administration of justice. Differential treatment of individuals or groups based on Discrimination race, ethnicity, sexual orientation, or economic status, pg117 instead of treatment based on the actual behavior or qualifications of each individual The unequal treatment of members of one demographic group by the criminal justice system, compared with treatment accorded members of other groups Disparity pg117 1. People of color commit more crimes 2. The criminal justice system is racist, with the result that people of color are treated more harshly 3. The criminal justice system expresses the racism found in a society as a whole Dual court system A system based on a separate judicial system for each state pg103 in addition to a court system under the national government. Each case is tried in a court of the same jurisdiction as that of the law or laws allegedly broken Figure 3.4 Flow of decision making in the Pg 105 Slide 15 in Ch3 ppt criminal justice system Also look at steps in the decision making process pg106- 108 A mutual transfer of resource; a balance of benefits and Exchange pg98 deficits that flow from behavior based on decisions about the values and costs of alternatives Federalism pg92 A system of government in which power is divided between a central government and regional governments A process by which criminal justice officials screen out Filtering process some cases while advancing others to the next level of pg101 decision making A document returned by a grand jury as a true bill charging an individual with a specific crime on the basis of a Indictment pg107 determination of probable cause from evidence presented by a prosecuting attorney A document charging an individual with a specific crime. It Information pg107 is prepared by a prosecuting attorney and presented to a court at a preliminary hearing Where the defense attorney and the prosecutor reach an Plea bargain pg98 agreement. The agreement is made in exchange for a reduction of charges or a lighter sentence 1. Keep peace 2. Apprehend violators and combat crime Police pg102-103 3. Prevent crime 4. Provide social services A complex whole consisting of interdependent parts whose System pg98 operations are directed toward goals and are influenced by the environment within which they function A court order authorizing police officers to take certain Warrant pg106 actions; for example, to arrest suspects or to search premises A breakdown in and disappearance of the rules of social Anomie pg74 behavior. Stressed that social change often leads to a state of anomie, in which the rules or norms that guide behavior Robert Merton pg74 have weakened or disappeared Slide 34 in Ch2 ppt Biological Explanations of crime that emphasize physiological and explanations pg68 neurological factors that may predispose a person to commit crimes. Cesare Lombroso came up with 3 key ideas: 1. Certain people are born criminals with criminogenic traits 2. They have primitive physical traits such as strong canine teeth, huge jaws, and high cheekbones 3. These traits are acquired through heredity or through alcoholism, epilepsy, or syphilis A school of criminology that views behavior as stemming Classical from free will, that demands responsibility and criminology pg66 accountability of all perpetrators, and that stresses the need for punishments severe enough to deter others. Theories holding that criminal behavior occurs when the Control theories pg75 bonds that tie an individual to society are broken or weakened Criminogenic traits Factors thought to bring about criminal behavior in an pg68 individual. 1. Right to be reasonably protected from the accused 2. Right to reasonable notice of any court proceeding, parole, proceeding, release, or escape of the accused 3. Right not to be excluded from any court proceeding unless attendance might affect the victim’s testimony 4. Right to be reasonably heard at any public Justice for All Act proceeding regarding release, plea, sentencing, or parole 5. Reasonable right to confer with the federal prosecutor 6. Right to full and timely restitution as provided by law 7. Right to proceedings free of unreasonable delay 8. Right to be treated with fairness and with respect for the victim’s dignity and privacy Labeling theories Theories emphasizing that the causes of criminal behavior pg75 are not found in the individual but in the social process that labels certain acts as deviant or criminal Learning theories Theories that see criminal behavior as learned, just as legal pg75 behavior is learned. Life course theories Theories that identify factors affecting the start, duration, nature, and end of criminal behavior over the life of an pg76 offender Lifestyle-exposure An approach to understanding the unequal distribution of theory pg49 crime and victimization that examines the differential exposure to crime of demographic groups, such as the young or poor, based on where they live, work, and engage in leisure activities. Gives greater exposure to certain kinds of crime - Violent crimes - Robbery A school of criminology that views behavior as stemming from social, biological, and psychological factors. It argues that punishment should be tailored to the individual needs of the offender. Key Features: Positivist criminology pg67 1. Human behavior is controlled by physical, mental, and social factors, not by free will 2. Criminals are different from non-criminals 3. Science can be used to discover the causes of crime and to treat deviants Positivism has served as the foundation for many types of theories. Psychological Explanations of crime that emphasize mental processes and explanations pg70 behavior Repetitive The victimization of an individual or household by more victimization pg56 than one crime during a relatively short period of time. The victimization of an individual more than once over a Revictimization long period time such as repeat incidents of domestic pg56 violence spread out over several years. A variation of the lifestyle approach that sees crime arise in times and places where there is a convergence of specific elements to prevent/deter criminal acts: Routine activities - Motivated offenders theory pg50 - Suitable victims - Lack of capable guardians Theories that assume criminal law and the criminal justice Social conflict system are primarily a means of controlling the poor and theories pg76 the have-nots Theories that see criminality as normal behavior. Everyone has the potential to become a criminal depending Social process theories pg74 on: 1. The influences that impel one toward or away from crime 2. How one is regarded by others Theories that attribute crime to the existence of a Social structure theories pg73 powerless lower class that lives with poverty and deprivation and often turns to crime in response Explanations of crime that emphasize the social conditions Sociological that bear on the individual as causes of criminal behavior explanations pg73 Theory of The theory that people become criminals they encounter more influences that view criminal behavior as normal and acceptable than influences that are hostile to criminal differential behavior association pg75 through interaction with others, individuals learn the values, attitudes, techniques, and motives for criminal behavior Victim precipitation The role of victims in fostering the context or triggering the pg56 action that led to their victimization in a crime. A field of criminology that examines the role the victim plays in precipitating a criminal incident and the impact of crimes on victims. Victimization Risk Factors: - Men - Youth: 16-19 Victimology pg49 - Nonwhite - Urban residency - Outside at night - Work/play issues - Low income Researchers have found that many victims behave in ways that invite the acts committed against them. Major theories of Table 2.3 located on pg 81 criminality and their policy implications Slide 31-32 in Ch2 ppt A specific act that is in violation of the law and for which a Crime pg7 punishment can be given. A model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime Crime control model pg13 - Emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders. - Phishing emails and phones calls Cybercrimes pg28 - Catfishing through social media Offenses that involve the use of one or more computers - NCVS is closely associated with this in relation to Dark figure of crime unreported crime pg36 A metaphor referring to the significant yet undefined extent of crime that is never reported to the police. Due process model A model of the criminal justice system that assumes pg13 freedom is so important that every effort must be made to repress crime. - Emphasizes the adversarial process, the rights of defendants, and formal decision-making procedures. Evidence-based Policies developed through guidance from research studies that demonstrate which approaches are most useful and practices pg9 cost-effective for advancing desired outcomes and goals. Serious crimes usually carrying a penalty of incarceration Felonies pg20 for more than one year or the death penalty. Theft of SSN, credit card numbers, and other personal information in order to secure loans, withdraw money from bank accounts, and purchase merchandise while posing as someone else. Identity theft pg28 This can cause the victim to not only lose money but also have their accounts frozen, a decrease in credit score, and many other possibilities. - 67% of Americans fear that they will become a victim of identity theft Mala in se pg19 Offenses that are wrong by their very nature Mala prohibita pg19 Offenses prohibited by the law but not wrong in themselves Offenses less serious than felonies and usually punishable Misdemeanors pg20 by incarceration of no more than one year, probation, or intermediate sanctions. Money laundering Moving the proceeds of criminal activities through a maze pg24 of businesses, banks, and brokerage accounts in order to disguise their origin Census Bureau does surveys to find out the extent and nature of crime victimization which in turn produces data that includes unreported and reported data. National Crime This began in 1972 Victimization Surveys-NCVS pg38 - Covers a limited range of crimes - Based on a small sample of people - Identification of victimization can depend on how the survey questions are phrased National Incident- Police agencies are required to report all crimes committed Based Reporting during an incident as well as data on offenders, victims, and System-NIBRS pg37 the places where they interact Occupational crime A criminal offense committed through opportunities created pg22-24 in a legal business or occupation. 1. Occupational crimes for the benefit of the employing organizations 2. Occupational crimes through the exercise of government authority 3. Occupational crimes committed by professionals in their capacity as professionals 4. Occupational crimes committed by individuals as individuals, where opportunities are not based on government power or professional position A framework for the perpetration of criminal acts providing illegal services that are in great demand Organized crime - Gambling pg24 - Illicit drugs - Prostitution An act that constitutes a threat against the state or a criminal act by a state - These are usually done for ideological purposes. Political crime pg22 Ex. - Treason - Sedition - Espionage Acts that threaten property held by individuals or the state. Property crime pg20 These crime acts produce stolen or damaged property Acts that threaten society’s well-being and make citizens fearful Public order crime pg20/21 Ex. - Disorderly conduct - Public intoxication Actions that are developed by the government to use Public policy pg8 recourses as a means to deal with and punish those with issues affecting society. Transnational crime Profit-seeking criminal activities that involve planning, execution, and/or victimization that crosses national pg26 borders This is the statistical summary of all crimes reported to the police Uniform Crime It is released annually by the FBI Reports-UCR pg37 Its fault is that it only contains crimes that are reported that means that the stats are skewed due to the amount of crime not reported. Offenses involving a willing and private exchange of illegal goods or services that are in strong demand. Victimless crimes pg21 Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being harmed. Violent crimes pg21 Crimes against people in which force is employed to rob, produce physical injury, or cause death. Visible crime pg20 An offense against persons or property that is committed primarily by members of the lower social classes. - Street crime - Ordinary crime These crimes are the most upsetting to the public Emile Durkheim Ruralcomplex, urban society; pg73 Traditional standards decline some cannot adjustcrime Slide 33 on Ch2 ppt Criminal Justice as a Blue Crush: slide 7 in Ch3 ppt system and CIT: slide 8 in Ch3 ppt examples Slide 6 on Ch3 ppt Fourth Amendment Protection against unreasonable search and seizure Fifth Amendment Protection against self-incrimination and double jeopardy Sixth Amendment The right to counsel and a fair trial Eighth Amendment Protection against excessive bail, excessive fines, and cruel and unusual punishments Fourteenth Citizenship rights and equal protection of the laws Amendment UCR Part 1 Index 1. Criminal homicide Offenses 2. Forcible rape 3. Robbery 4. Aggravated assault 5. Burglary 6. Larceny/theft 7. Auto theft 8. arson
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