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Chapter 1, 2, & 3: Criminal Justice
73 cards·by ariel99
What is criminology?
A scientific study of the nature/causes of crime, rates of crime, punishment and
rehabilitation of offenders, and prevention of crime.
What is criminal justice?
The system of law enforcement used for all stages of criminal proceedings and punishment.
What is discretion?
An authority conferred by law to act out in certain conditions/situations in accordance with
an official's or their agency's judgement.
Why was the commission created?
President Johnson wanted to study the crime problem and the structure of the criminal justice
administration and make suggestions for action
What projects did they work on?
Police, courts, corrections, etc. This turned into the report The Challenge of Crime in Free
Society.
What were the commissions main objectives?
Strengthen law enforcement,develop better techniques,eliminate injustices,get better
people,get better research,money,everyone makes change
What was Title 1?
Significant portion of funds targeted for social program and research.court reform and
correctional programs.
What was Title 2?
Attempted to overturn Supreme Court decisions, it limited the rights of defendants.
What was Title 3?
Empowered state/local law enforcement agencies to tap phones, eavesdrop even without court
order.
What is Crime control?
All about right,stresses possibility of error in stages leading up to trial,emphasizes need
to protect procedural rights, and Warren Court
What is Due Process Model?
The control of those who engage in criminal conduct,emphasizes efficiency,criminal
conduct, and Burger Court.
What is Consensus?
Argues that organizations make up the criminal justice system work cooperatively to produce
justice.
What is Conflict?
Posits that the branches of justice work competitively, as parts of an integrated whole.
Code of Hammurabi
1st known legal document
Crime as social construct
Behavior as deviant or criminal comes from individuals/social groups and involves a complex
social and political process extending over time
Legal Construct
Precise definition of crime must come from the law itself.
"Moral Entrepreneur"
A person who takes action in an attempt to influence/change the development or enforcement of
society's moral codes.
Statutory Law
A law enacted by a legislature
Case Law
Results from court interpretations of statutory law or court decisions
Criminal Law
Branch of jurisprudence dealing with offenses committed against the safety/order of the
state.
Civil Law
Body of principles determining private rights and liabilities.
Mens rea
Guilty mind;blameworthy mind;required for act or omission to be a crime
Conspiracy
Collaboration in criminal purpose, and must involve 2 or more people
Abettor
Person who encourages,promotes,investigates or stands by to assist the perpetrator
Accessory before the fact
Person who abets a crime but is not present when the crime is committed
Accessory after the fact
Person who knows felony has been committed,receives,relieves,comforts or assist the
perpetrator to hinder apprehension
Duress
Unlawful constraints that force an individual to consent to committing an act he/she
otherwise would not have done
Entrapment
Inducing an individual to commit a crime that he/she did not previously contemplate,for the
purpose of instituting crim.pro.against the pres
Mistake of fact
Negates criminal intent
Mistake of law
Lack of knowledge of the law that applies to act under constitution,ignorance of the law may be
a defense
Insanity
Unsoundness of mind,madness,mental alienation,that prevents individual from
comprehending nature/consequences of act seeing from right/wrong
Defense of "medical necessity"
Medical necessity as defense in cases of marijuana possession,PMS and post-partum
depression,PTSD and battered-woman syndrome
Cesare Lombroso (Atavism)
Focuses on anatomical,physiological, or genetic abnormalities within the individuals to
separate law-breakers into persons from the law-abid
William Sheldon (Body types)
The use of body types and physical characteristics to classify human personalities;body
type was an indicator of personality and criminal po
Endomorph
Soft round body with tapering limbs/relaxed creatures of comfort
Ectomorph
Thin,linear body with delicate bones,a small face,a sharp nose,and fine thin
hair/inhibited,secretive,restrained
Mesomorph
Ruggedly muscular individual with a large trunk,heavy chest, and strong
limbs/assertive,aggressive and action-oriented;inclined criminal
Social disorganization theory
Crime rates are linked to neighborhood ecological characteristics
Concentric zone theory
The concentric zone model,also known as the Burgess model,is one of the earliest theoretical
models to explain social structures
Anomie theory
Crime as a result of strain that comes from lack of legitimate opportunities for prosperity
Merton's strain theory
One must consider if an individual rejects or accepts society's cultural goals,as well as how
they attain these goals
Conformists
Accepts the culturally defined goal,follow rules and believe doing so will pay off
financially(working,saving money,advancing edu.)
Innovators
Accepts the culturally defined goal,but don't follow society's rules(turn to crime)
Ritualists
Do not believe they can attain the culturally defined goal,but continue because of society's
cultural pathways
Retreatists
Reject the goal of financial wealth(escape or retreat from society with substance use)
Rebels
Create new institutional means of pursuing their unique goals
Differential association theory
Excessive definitions favorable to violating the law over definitions favorable to
complying with the law
Social control theory
Seeks not to explain why people break the law
Labeling theory
Considers recidivism to be a consequence,in part,of the negative labels applied to people
who commit crimes
Felony
Serious crime punishable by death or imprisonment in federal/state penitentiary
Misdemeanor
Minor offense punishable by fine(no more than $1,000),up to 1 year in local jail
Criminal Homicide
Homicide that is not excusable or justifiable(murder and manslaughter)
Murder
The felonious killing of another human being with malice aforethought
1st degree murder
Includes malice aforethought, deliberation and premeditation
Malice aforethought
The intent to cause death or serious harm or commit a felony
Deliberation
Conscious knowledge of purpose of killing
Premeditation
Design or plan;conscious decision to commit the crime
Felony murder doctrine
If a death occurs during the commission of a felony,or attempt to commit,the person
committing the primary offense can also be charged w.1st
Manslaughter
Killing under circumstances not severe enough to constitute murder,but not justifiable or
excusable homicide
Assault
Intentional attempt/threat to physically injure another person
Robbery
Involves aspects of both theft and assault-"crime against the person"
Arson
Malicious burning of the dwelling of another
Burglary
Breaking and entering a dwelling at night with intent to commit a felony
Other property offenses
Shoplifting,pickpocketing,fraud,embezzlement,etc.
Sex offenses
Sexual contact without consent of the victim or that is offensive to the victim
Drug Law violations
Pure food and drug act(1906)-to limit uncontrolled manufacture of over the counter drugs
containing morphine,opium,etc.
Crimes against Public Order and Safety
A very large category,mostly misdemeanor offenses(loitering,harassment,etc.)
Domestic Violence
Physical aggression between members of a family,current/former spouses or lovers,others
in close
Hate Crime
Offense motivated by hatred against a victim because of his/her
race,ethnicity,religion,sexual orientation,handicap,etc
Terrorism
Defined as premeditated,politically motivated violence perpetrated against
noncombatant targets by subnational groups or secretive agents
Victimization Surveys
1st national victim survey began in 1865
Self-reported crime
Another way to determine nature and extent of "dark figure" of crime
"Dark Figure of crime"
To describe the amount of unreported or undiscovered crime