Intro to Criminal Justice Flashcards

Terms Definitions
Cesare Beccaria
18th century social philosopher, argued against the use of torture & capital punishment
The “wedding cake” model of justice
·               Divides crimes into levels of seriousness and notoriety of the crime
                        1.            Level I
·               Includes celebrated cases
                        2.            Level II
·               Includes serious felonies
                        3.            Level III
·               Includes less serious felonies
                        4.            Level IV
·               Includes misdemeanors
criminal justice system
 society formally controls, manages, and directs human behavior; 
main components: law enforcement, courts, corrections
branches of government and functions
legislative: creates/enacts the law
executive: enforces the law, day to day operations of justice agencies; Pres. is head
judicial: interprets the law; makes common law through judicial decisions (stare decisis)
formal criminal justice process
1.   Initial contact
                        2.            Investigation
                        3.            Arrest
                        4.            Custody
                        5.            Charging
                        6.            Preliminary hearing/grand jury
                        7.            Arraignment
                        8.            Bail/detention
                        9.            Plea bargaining
                        10.            Trial/adjudication
                        11.            Sentencing/disposition
                        12.            Appeal/postconviction remedies
                        13.            Correctional treatment
                        14.            Release
                        15.             Postrelease
police officer role in CJ system
gatekeeper:
1. initial contact
2. investigation
3. arrest
4. custody
arrest
 A legal arrest occurs when:



  The officer has probable cause


  The officer deprives an individual of their freedom


 The suspect has lost the liberty to voluntarily leave    
An arrest can be made when
An officer witnesses a crime
An officer has probable cause based on the statement of another individual

 An arrest warrant has been issued
arrest warrant
court order empowering police to arrest and bring the named person before the court; based on probable cause
nolle prosequi
the decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy
arraignment
 Formal charges are read, the defendant is informed of constitutional rights, initial plea is entered, a trial date is set, and bail issues are addressed.
crime control perspective
a model of criminal justice that emphasizes the control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime
criminal justice process
the steps the offender takes from initial investigation, through trial, sentencing, and appeal
due process perspective
 a model of criminal justice that emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings
in presence requirement 
a police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. To make an arrest for a crime he did not witness, the officer must obtain a warrant
justice perspective
 
the core of the justice perspective is that all people should receive the same treatment under the law as any effort to distinguish between criminal offenders will create a sense of unfairness that can interfere with readjustment to society.
nonintervention perspective 
a model of criminal justice that favors the least-intrusive treatment possible: decarceration, diversion, and decriminalization
rehabilitation perspective
 a model of criminal justice that sees crime as an expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyle through conventional endeavors
liberal feminist theory
an ideology holding that women suffer oppression, discrimination, and disadvantage as a result of their sex. Calls for gender equality in pay, opportunity, child care, and education
chronic offenders
 delinquents arrested five or more times before the age of eighteen who commit a disproportionate amount of all criminal offenses
self-report survey
a research approach that questions large groups of subjects, typically high school students, about their own participation in delinquent or criminal acts
three strikes laws
sentencing codes that require that an offender receive a life sentence after conviction for a third felony. 
public order crimes
behaviors considered illegal because they run counter to existing moral standards
general deterrence
crime control policy that depends on the fear of criminal penalties; (long prison sentences for violent crimes) aimed at convincing the potential law violator that the pains associated wit the crime outweigh the benefits
choice theory
crime is a rational choice based on free will; in order to deter crime, punishment must be swift, certain and severe
specific deterrence
punishment severe enough to convince convicted offenders never to repeat their criminal activity
critical criminology
the view that crime results from the imposition by the rich and powerful of their own moral standards and economic interests on the rest of society
latent trait theories
a view that human behavior is controlled by a master trait, present at birth or soon after, which influences and directs behavior
social learning theory
the view that human behavior is learned through observation of human social interactions, either directly from those in close proximity or indirectly from the media
strain theory
reflects the idea that the emotional turmoil and conflict when people believe they cannot achieve their desires and goals through legitimate means causes unproductive behavior 
victim precipitation
the role of the victim in provoking or encouraging criminal behavior
Lifestyle theory
 There are aspects of a person’s lifestyle that may increases their risk of victimization.
actus reus
an illegal act, or failure to act when legally required
criminal law
the body of rules that defines crimes, sets out their punishments, and mandates the procedures for carrying out the criminal justice process
criminal negligence
liability that can occur when a person's careless and inattentive actions cause harm
ex post facto law
 a law that makes an act criminal after it was committed or retroactively increases the penalty for a crime
excuse defenses 
a defense in which a person states that his or her mental state was so impaired that he or she lacked the capacity to form sufficient intent to be held criminally responsible
justification 
a defense for a criminal act claiming that the criminal act was reasonable or necessary under the circumstances
mala in se 
in common law, offenses that are from their own nature evil, immoral, and wrong. Mala in se offenses include murder, theft, and arson
mens rea
a guilty mind. The intent to commit a criminal act
procedural criminal law 
those laws that set out the basic rules of practice in the criminal justice system.
strict liability crime
a criminal violation—usually one that endangers the public welfare—that is defined by the act itself, irrespective of intent
 
stare decisis
to stand by decided cases. The legal principle by which the decision or holding in an earlier case becomes the standard by which subsequent similar cases are judged
substantive criminal law 
a body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct
recklessness
the choice of a person who is aware, or should be aware, of the potentially harmful consequences of his behavior, to engage in the behavior, regardless of the regardless of the risk to others 
First Amendment
Freedom of: religion, speech, press, assembly, petition the gov't for redress of grievances
 
Be able to apply it!
Second Amendment
Right to bear arms
Third Amendment
Right to be free from the obligation to house soldiers in wartime or peace time. 
Fourth Amendment
Freedom from UNREASONABLE search & seizures; no warrant without probable cause.
 
Be able to apply it. 
Fifth Amendment
Freedom from:
double jeopardy;
the obligation to be a witness against oneself;
capital punishment except in cases of infamous crimes;
the taking of private property without just compensation; and
deprivation of life, liberty or property without due process of law
 
Be able to apply it!  Hint: We just read a case in class that was partially based on this Amendment!
Sixth Amendment
Right to:
speedy trial;
impartial jury; 
informed of the charges;
confront witness against you; 
to have witness in your favor; and
assistance of Counsel for your defense.
Seventh Amendment
Any controversy in excess of $20, may have a trial by jury
Eighth Amendment 
No excessive bail or excessive fines; 
no cruel or unusual punishments.
Ninth Amendment 
Any right not specifically named in the Constitution is preserved
Tenth Amendment
Any power not specifically given to the federal govt is given to the state govt
cybercrime
illegal behavior that targets the security of computer systems and/or the data accessed and processed by computer networks
cyberterrorism
an attack against an enemy nation’s technological infrastructure
Department of Homeland Security (DHS)-
federal agency responsible for preventing terrorist attacks within the United States, reducing America’s vulnerability to terrorism, and minimizing the damage and recovering from attacks that do occur
phishing
slang for the processes used to acquire personal information used for identity theft and other fraudulent activities
terrorism
premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents
USA Patriot Act (USAPA)

 
the law designed to grant new powers to domestic law enforcement and international intelligence agencies in an effort to fight terrorism; some say it violates First Amendment Rights;
passed Oct, 26, 2001
terrorist
uses criminal and violent acts to influence an audience beyond the immediate target
guerilla
irregular military band located in rural areas that attack military, policy and govt target
revolutionary terrorist
use violence to frighten those in power and their supporters; goal is to replace existing govt with regime that holds acceptable views
nationalist terrorist
promote interests of a minority group that believes it has been persecuted under majority rule and wants to carve out its own homeland
retributive terrorists
fight for a cause with people anywhere whose ideology or religion they find objectionable
trojan horse
type of cybervandalism that seems to be a benign, or harmless application but actually contains codes that can ruin system operations
salami fraud 
type of cybercrime where small amounts of money are subtracted from customers' accounts and added to the account of the thief
cyberespionage
cyberterrorism involving hacking secure computer networks at the enemy's most sensitive military bases, defense contractors and aerospace companies to steal important data or access their defenses
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