test review 1.txt

The flashcards below were created by user markdoronio on FreezingBlue Flashcards.

  1. Arraignment
    Strictly, the hearing before a court having jurisdiction in a criminal case in which the identity of the defendant is established, the defendant is informed of the charge and of his or her rights, and the defendant is required to enter a plea. Also, in some usages, any appearances om criminal court before trial
  2. Booking
    the law enforcement or correctional administrative process officially recording an entry into detention after arrest and identifying the person, the place, the time, the reason for the arrest, and the arresting authority
  3. Trial
    in criminal proceedings, the examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendants
  4. Preliminary hearing
    A proceeding before a judicial officer in which three matters must be decided: (1) whether a crime was commited, (2) whether the crime occured within territorial uristdiction of the court, and (3) whether there are reasonable grounds to believe that the defendant committed the crime
  5. Indictment
    A formal, written accusation submitted to the court by a grand jury, allegeing that a specified person has committed a specified offense, usually a felony
  6. Prosecutor
    An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses.
  7. Grand Jury
    A group of jurors who have been selected according to law and have been sworn to hear the evidence and to determine wheher there is sufficient evidence to bring the accused person to trial, to investigate criminal activity generally, or to investigate the conduct of a public agency or officials
  8. Judge
    An elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials
  9. Police officer
    A member of the police force
  10. Investigation
    a searching inquiry for ascertaining facts; detailed or careful examination.
  11. Sentencing
    The imposition of a criminal sanction by a judicial authority
  12. Arrest
    The act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, a deliquent act, or status offense, terminating with the recording of a specific offense. Technically, an arrest occurs whenever a law enforcement officer curtails a person's freedom to leave
  13. Trial
    In criminal proceedings, the examination in court of the issues of fact and relevant law in a case for the purpose of convicting or aquitting the defendant
  14. Crime-Control Advocates
    Want to make the process of crime control more efficient. To move cases through the process as quickly as possible and to bring them to a close.
  15. Trial Advocates
    Want to make the trial process more efficient
  16. Individual Rights Advocate
    One who seeks to protect personal frredoms within the process of CRJ
  17. Public Order Advocates
    One who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights
  18. Due Process
    a right guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution and generally understood, in legal contexts, to mean the due course of legal proceedings according to the rules and forms established for the protection of individual rights. In criminal proceedings, due process of law is generally understood to include the following basic elements: a law creating and defining the offense, an impartial tribunal having jurisdictional authority over the case, accusation in proper form, notice and opportunity to defend, trial according to established procedure, and discharge from all restaints or obligations unless convicted
  19. Guilty Pleas
    A defendant's formal answer in court to the charge or charges contained in a complaint, information, or indictment, claiming that he or she did commit the offense or offenses listed.
  20. Warrant Court
    Warrant: In criminal proceedings, a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording the officer protection from damages if he or she performs it
  21. Miranda Vs Arizona
    a landmark 5�4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them. This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights.
  22. Gideon Vs Wainwright
    In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys.
  23. United States VS Nachtigal
    Respondent was charged with operating a motor vehicle in a national park while under the influence of alcohol (DUI), a federal misdemeanor carrying a maximum penalty of six month's imprisonment and a $5,000 fine. As an alternative to imprisonment, a court may impose a probation term not to exceed five years. Relying on this Court's decision in Blanton v. North Las Vegas, 489 U.S. 538 , a Magistrate Judge denied respondent's motion for a jury trial, concluding that DUI's maximum imprisonment term made it presumptively a "petty" offense which is not embraced by the Sixth Amendment's jury trial guarantee, and that the additional penalties did not transform it into a "serious" offense for Sixth Amendment purposes. Respondent was tried, convicted, and sentenced to a fine and one year's probation. The District Court reversed, holding that respondent was entitled to a jury trial under relevant Ninth Circuit precedent. The Court of Appeals affirmed, holding that Blanton was inapposite to respondent's case.
  24. Blanton VS Las Vegas
    • Melvin R. Blanton was charged with Driving under the influence of alcohol. His petition for a jury trial was denied and he was instead given a bench trial. Blanton appealed, arguing that his sixth amendment right to trial by jury had been violated.
    • The US Supreme Court ruled that Blanton did not have the right to a jury trial because the crime he was charged with was "petty". The court went on to elaborate: "offenses for which the maximum period of incarceration is six months, or less, are presumptively petty...a defendant can overcome this, and become entitled to a jury trial,..by showing that additional penalties [such as monetary fines]...are...so severe [as to indicate] that the legislature clearly determined that the offense is a serious one."
  25. Part I Offences
    A UCR/NIBRS offense group used to report murder, rape, robbery, aggrevated assault, burglary, larceny-theft, motor vehicle theft, and arson, as defined under the FBI's UCR/NIBRS Program. Also called major crimes.
  26. Larency
    the wrongful taking and carrying away of the personal goods of another from his or her possession with intent to convert them to the taker's own use.
    Vagrancy: An offense related to being a suspicious person, including vagrancy, begging, loitering, and vagabondage
  28. Rapes reported to police
    procedures have been put in place to reduce the trauma of reporting as much as possible. If you don't make a formal report, the police will only take the case to court in exceptional circumstances.
  29. Dark Figure of Crime
    Crime that is not reported to the police and that remains unknown to officials
  30. Serial Murder
    A serial killer, as typically defined, is an individual who has murdered three or more people[1][2] over a period of more than a month, with down time (a "cooling off period") between the murders, and whose motivation for killing is usually based on psychological gratification.[
  31. Mass Murder
    the act of murdering a large number of people (four or more), typically at the same time or over a relatively short period of time.
  32. Spree Murder
    A spree killer is someone who embarks on a murderous assault on two or more victims in a short time in multiple locations. The U.S. Bureau of Justice Statistics defines a spree killing as "killings at two or more locations with almost no time break between murders."
  33. Rage Murder
    Murder due to being angry
  34. Deviance
    A Violation of social norms defining appropriate or proper behavior under a particular set of circumstances
  35. Social disorganisation
    A condition said to exist when a group is faced with social change, uneven developement of culture, maladaptiveness, disharmony, conflict, and lackof consensus
  36. Anomie
    A socially persuasive condition or normlessness. Also, a disjunction between approved goals and means.
  37. Merton's categories
    Conformity: occurs when individuals accept the culturally defined goals and the socially legitimate means of achieving them. Innovation occurs when an individual accepts the goals of society, but rejects or lacks the socially legitimate means of achieving them. The ritualist accepts a lifestyle of hard work, but rejects the cultural goal of monetary rewards. Retreatism involves rejecting both the cultural goal of success and the socially legitimate means of achieving it. Rebellion occurs when an individual rejects both culturally defined goals and means and substitutes new goals and means.
  38. Socialogical School
    Sociology is the scientific study of society. In sociology, we seek to understand human social action.
  39. Biological School
    a method to group and categorize organisms by biological type, such as genus or species.
  40. Classical School
    The Classical school of thought was premised on the idea that people have free will in making decisions, and that punishment can be a deterrent for crime, so long as the punishment is proportional, fits the crime, and is carried out promptly.
  41. Theory
    A set of interrelated propositions that attempt to describe , explain, predict, and ultimately control some class events. A theory is strengthened by its logical consistency and is "tested" by how well it describes and predicts reality
  42. Sutherland's theories
    Differential association theory was Sutherland's major sociological contribution to criminology; similar in importance to strain theory and social control theory. These theories all explain deviance in terms of the individual's social relationships.
  43. Radical Criminology
    A conflict perspective that sees crime as engendered by the unequal distribution of wealth, power, and other resources, which adherents believe is especially characteristics of capitalist societies
  44. Consecutive criminology
  45. Phenomenological criminology
    an outlook on the causation of crime. Its roots are derived from phenomenology, that an idea is relevant only to the human mind and human consciousness, and imperceptible to the outside world.
  46. Containment Criminology
    Containment Theory asks the question, �In a deviant society, why and how do people avoid deviance?�
  47. Labeling
    A process perspective that sees continued crime as a consequence of the limited opportunities for acceptable behavior that follow from the negative responces of society to those defined as offenders
  48. Behavior modification
    A psychological principle that holds that the frequency of any behavior can be increased or decreased through reward, punishment, and association with other stimuli
  49. Psychological profiling
    The attempt to categorize, understand, and predict the behavior of certain types of offenders based on behaviorial clues they provide
  50. Social Learning
    A psychological perspective that says that all people learn how to behave by modeling themselves after others whom they have the opportunity to observe
  51. Tort law
    A wrongful act, damage, or injury not involving a breach of contact. Also, a private or civil wrong or injury
  52. Criminal Law
    penal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is prohibited by the state because it is held to threaten, harm or otherwise endanger the safety and welfare of the public, and that sets out the punishment to be imposed on those who breach these laws.
  53. Civil Law
    civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. Juries separate from the judges are not used, although in some cases, volunteer lay judges participate along with legally trained career judges.
  54. Corpus Delicti
    referring to the principle that a crime must have been proven to have occurred before a person can be convicted of committing that crime.
  55. Stare Decisis
    a legal principle by which judges are obliged to respect the precedents established by prior decisions.
  56. Mens rea
    Latin for "guilty mind".[1] In criminal law, it is viewed as one of the necessary elements of a crime. "the act does not make a person guilty unless the mind is also guilty" refers to the mental element of the offence that accompanies the actus reus.
  57. Actus Reas
    the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law
  58. Excuse Defense
    "to excuse" means to grant or obtain an exemption for a group of persons sharing a common characteristic from a potential liability.
  59. Substantive law
    the statutory or written law that defines rights and duties, such as crimes and punishments (in the criminal law), civil rights and responsibilities in civil law.
  60. Procedural law
    comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.In context of procedural law; procedural rights may also refer not exhaustively to rights to information, rights to justice, rights to participation which those rights encompassing, general Civil and Political rights.
  61. Strict Liability
    A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability (including fault in criminal law terms, typically the presence of mens rea).
  62. Motive
    something that causes a person to act in a certain way, do a certain thing, etc.; incentive.
  63. Espionage
    or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information.
  64. Treason
    the crime that covers some of the more extreme acts against one's sovereign or nation.
  65. Infraction
    breach; violation; infringement
  66. Sixth Amendment
    right to a speedy trial, public trial, impartial jury, notice of accusation, confrontation, compulsory process, counsel, and self representation
  67. Duress
    or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person.
  68. Necessity
    The fact of being required or indispensable
  69. Double Jeopardy
    a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction.
  70. Entraptment
    the luring by a law-enforcement agent of a person into committing a crime.
  71. Element of a Crime
    one of the various facts (collectively, the elements of the offense) whose proof in the conjunctive (i.e., all of whose proof) is a necessary condition for legal proof that a defendant has committed a given crime.
  72. Felony
    a crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine.
  73. Misdemeanor
    a criminal offense defined as less serious than a felony.
  74. Criminology
    the nature, extent, causes, and control of criminal behavior in both the individual and in society.
  75. Consecutive Sentence
    One of two or more sentences imposed at the same time, after conviction for more than one offense, and served in sequence with the other sentence. Also, a new sentece for a new conviciton, imposed upon a person already under sentence for a previous offense, which is added to the previous sentence, thus increasing the maximum time the offender may be confined or under supervision
  76. Violence against college students
    # Male college students were twice as likely to be victims of overall violence than female students (80 versus 43 per 1,000). # White students had somewhat higher rates of violent victimization than blacks and higher rates than students of other races (65 versus 52 and 37 per 1,000 respectively). # For females, nonstudents were over 1.5 times more likely than college students to be a victim of a violent crime (71 versus 43 per 1,000). # Nine percent of violent victimizations involved offenders armed with firearms; 7 percent were committed with knives; and 10 percent were committed with other types of weapons, such as a blunt object. The remainder did not know the type of weapon or if a weapon was used.
  77. Murder
    the unlawful killing of another human being with "malice aforethought", and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter).
  78. Rape
    a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent.
  79. Victimization of Women
    • Based on their findings,
    • Bonnie Fisher and her colleagues estimate that the women at a college that has 10,000 female students could experience more than 350 rapes a year� a finding with serious policy implications for college administrators.
  80. Insanity
    a deranged state of the mind usually occurring as a specific disorder (as schizophrenia)
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