The theory that criminals ought to somehow suffer for the crimes that they have committed
What are the two strands of deterrence
Individual deterrence
General deterrence
What is the difference between individual and general deterrence?
Individual deterrence is aimed toward the specific defender
General deterrence aims at society in general
What is incapacitation
Aims simply to keep criminals away from society so that society is protected from their criminal conduct
What is rehabilitation
Aims at transforming an offender into a valuable member of society
What is restitution
Its goal is to repair any hurt inflicted by the offender on the victim through state authority
Criminal law in England and the United states is
public law
Private laws deals with
relationships between individuals
Criminology
A branch of sociology that is the study of the causes of crime
What is criminalistics
The application of science to criminal investigation and encompasses forensic science
What is substantive criminal law
It establishes the standards of conduct required for the protection of the community
What is a civil wrong
A private wrong done to a person or property
What is a criminal wrong
One in which the state and the public have declared an interest
What is a tort
A civil wrong done to a person or their property
What is a moral wrong
A violation of a moral or religious code
What is the law behind the law
A moral and ethical commitment to the law
What is the supreme law of the United states
The U.S constitution
What is police power
Refers to the broad legislative power of a state to pass laws that promote public health, safety and welfare
What does the latin term nulla poena sine lege
No punishment without law
What are the three goals of democracy
Public order
Domestic tranquility
Protection of the basic rights of the individuals
The Legislative branch
Laws are enacted
The Executive branch
Administer and enforce the laws
The judicial branch
Judges and jury determine guilt or innocence
The principle of legality was made part of the American law enacting
The fifth amendment
What is a felony
A serious crime generally punished by a year or more in prison
What is a misdemeanor
less serious offense that may be punished by incarceration in a local jail for a period of time less than one year
What is ex post facto laws
After the fact laws
What is a bill of attainder
A legislative act that inflicts punishment without the person having had a trial
What is public law
Laws that apply to all people within a state or nation
The Miranda rule stems from what amendment
The 5th
The requirement that police obtain a search warrant based on probable cause stems from what amendment
The 4th
The rights to have the assistance of counsel and confront witnesses against an accused are contained in what amendment
The 6th
What is the most recognizable goals and purposes of the criminal justice system
Discourage and deter people from committing crimes
Protect society from dangerous people
Punish people who have committed crimes
Rehabilitate people who commit crimes
What is the principle of legality
No act should be made criminal or punished without advance warning in the form of a legislative act
What is the broken window or quality of life theory
Small quality of life crimes will eventually encourage greater lawlessness
What are the classes of felonies
Class A-E
What are the classes of misdemeanors
Class A-C
First amendment rights
Freedom of speech
Freedom of religion
Freedom to move about freely
Name two acts or laws forbidden by Congress
Ex post facto laws
Bill of Attainder
What is common law
The first and earliest source of criminal law
What is a common law crime
Crime created by judges
Practically all criminal laws today are
statutory laws
What does jurisdiction mean
Power to regulate conduct and punish an offender
What is the Unlawful flight statute (fugitive felon act)
This law permits federal agencies to assist in locating state fugitives who may have fled from one state another
What is Federal Kidnapping
Kidnapping or abduction of any person for reward or ransom when interstate transportation, or use of special maritime or territorial jurisdiction of the US is involved
What is Federal Conspiracy
Makes it illegal for 2 or more persons to combine or conspire either to commit any offense against the laws of the US
What is RICO
Racketeer Influence and Corrupt Organization
What are federal enclaves
Federally owned and controlled lands
What is piracy
The seizure of a ship or aircraft while it is underway
What is Mutiny
When a crew seize an aircraft or ship and revolt against lawful authority
What is Barratry
Unlawful acts committed by the captain or officers of a ship that are contrary to their duties
What is the International Criminal court
The world's first permanent war crimes court
What is maritime jurisdiction
Jurisdiction of the US over actions within territorial waters of the US on US ship or stateless vessels on the high seas.
What is martial law
A state of military control over civilian populations as declared by state or federal government
What is an unlawful assembly
A gathering of three or more people for any unlawful purpose or under such circumstance as to endanger the public peace or cause alarm and apprehension
Unlawful assembly is what type of misdemeanor
Class B
Inciting a riot is what type of misdemeanor
Class A
If convicted of Riot in the first degree
Class E felony
Riot in the second degree is what type of misdemeanor
Class A
Which threats are not protected by the first amendment
Threats against public officials
Threats by schoolchildren against teachers
Terroist threats
Violations of restraining orders
What is defamation
The offense of injuring the character or reputation of another by oral or written communication of false statements
Libel
Generally a written offense
Slander
Generally an oral offense
What is inciting
The offense of urging another to commit an unlawful act
What are fighting words
Communications that could either cause a public disorder or tend to cause a public disorder
What is the clear and present danger test
The test used to judge government restrictions on speech
What are the five categories of speech that the first amendment does not protect
Obscenity
Fighting words
Inciting
Defamation
Public nuisances
Eight amendment
prohibits excessive bail, excessive fines, and cruel and unusual punishment
Furman v Georgia
Held that imposition of the death penalty without an established procedure to determine which defendant should live and which die was arbitrary and capricious
What kinds of people could not be given the death penalty
Mentally retarded defendants
Juveniles under 18
Insane persons
What is capital punishment
Inflicting deadly injury as punishment for criminal conduct
What is corporal punishment
inflicting nondeadly physical injury as punishment for criminal conduct
What is substantive due process
Claims under the 14th amendment are based on state conduct that is so brutal, demeaning and harmful as to shock the conscience
What is the Commerce clause
It gives the federal government power to regulate actions by use of criminal laws only if the actions involve or affect interstate commerce
What does the Latin term Posse Comitatus mean
Power of the country
What is the Posse comitatus Act
it imposes limits upon the use of military troops in civil law enforcement
What does the 6th amendment entail
The accused shall enjoy the right to a speedy and public trial
The right to counsel
What does the 5th amendment entail
Double jeopardy
Nor shall be compelled in any criminal case to be a witness against himself