Test 1 Review Sheet CJC 111.pdf

Institution of Social Control: An organization that persuades people, through subtle and not-so-subtle means, to abide by the dominant values of society— Criminal justice is different from other institutes because it is only concerned with criminal behavior. Last lin...

Institution of Social Control: An organization that persuades people, through subtle and not-so-subtle means, to abide by the dominant values of society— Criminal justice is different from other institutes because it is only concerned with criminal behavior. Last line of defense against those who do not abide by dominant social values and commit crimes Misdemeanor: A less serious crime generally punished with fine or incarceration for no more than one year Complaint: A document specifying that an offense has been committed-LEO Felony: A more serious crime usually punished with more than a year of incarceration Grand Jury Indictment: A written accusation by a grand jury that a person has committed a crime Arrest Warrant: a document issued by a judge or magistrate which authorizes the seizing and detaining of a person Defendant: a person who a legal action is brought against, a warrant is issued, or an indictment is found. Initial Appearance Hearing: a pretrial stage in which a defendant is brought before a lower court to be given notice of the charge(s) and advised of constitutional rights. Probable Cause: amount of proof necessary for a reasonably intelligent person to suspect that a crime has been committed or items connected with criminal activity can be found in a particular place. Preliminary Hearing: determination of probable cause  Grand Jury: group of randomly selected individuals who hear from law enforcement and prosecutors to examine a particular case and determine whether there is probable cause to believe that a crime was committed. Plea Bargaining: A practice where a specific sentence is imposed if the accused pleads guilty to an agreed upon charge or charges instead of going to trial. 95% of criminal defendants plead guilty to the charges against them Crime Control Model: Control of criminal behavior: focuses on efficiency of the criminal justice process. Due Process Model: people are not to be held guilty of crimes merely on a showing based on reliable evidence that in all probability they did in fact do what they are accused of doing. Legal Definition of Crime: the basis of criminal justice in the U.S. Elements of Crime Harm Legality Actus reus Mens rea Causation Concurrence Punishment Actus reus: Intentional criminal conduct or criminal negligence Mens rea: Mental aspect of crime Mala in se: Wrong in itself. Crimes that are characterized by universality and timelessness Negligence: Failure to use reasonable care, resulting in damage or injury to another. Duress: if a person did not want to commit a crime but was forced to do so against their will. Juvenile Delinquency: In most states, youth under age 18 are not considered entirely responsible for their criminal acts; they have committed juvenile delinquency. Insanity: legal term that refers to the assumption that someone who insane at the time of a crime lacks the capacity to perform mens rea Entrapment: people are generally considered not responsible or less responsible for their crimes if they committed it through entrapment: when law enforcement induces you to do something you wouldn’t ordinarily do. Mala prohibita: offenses illegal because laws define them as such. Dark Figure of Crime: number of crimes not officially recorded by police Uniform Crime Report: primary source of crime statistics in the U.S. The eight index crimes: Murder/non negligent manslaughter Forcible rape Robbery Aggravated assault Burglary Larceny/theft Motor vehicle theft Arson Status Offense: act that is only considered illegal because the offender is a minor  Tort: a violation of civil law Civil Law: a means of resolving conflicts between individuals, such as personal injury claims, contracts, administrative law, etc. Substantive Law: prohibits and penalizes murder, rape, robbery, and other crimes Procedural Law: laws concerned with the due process of law: governs the ways substantive laws are to be administered Precedent: a decision forms a potential base for deciding similar cases in the future Stare decisis: let the decision stand Searches: Explorations or inspections by LEO of homes, premises, vehicles, or persons for the purpose of discovering evidence of crimes or people accused of crimes Seizures: taking of a person or property into custody in response to violations of criminal law Warrant: a written order form a court directing law enforcement officers to conduct a search or to arrest a person Arrest: taking of a person into either physical or constructive custody (when a person peacefully submits to law enforcement) Contraband: an illegal substance or object Reasonable Suspicion: LEO is legally permitted to stop and frisk a suspect. A standard of proof that is more than a gut feeling Probable Cause: amount of proof necessary for a reasonably intelligent person to suspect that a crime has been committed or items connected with criminal activity can be found in a particular place Preponderance of Evidence: evidence that outweighs the opposing evidence, or sufficient evidence to overcome doubt or suspicion Clear and Convincing Evidence: standard of proof required for someone to make a claim of insanity Beyond a Reasonable Doubt: standard of proof required to find a defendant guilty in criminal trial Exclusionary Rule: illegally seized evidence must be excluded from trials in federal court (later extended to lower courts)