Chapter 3 and 5

Sociology 3371 with St.pierre at Louisiana State University

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By: Bianca Day
Created: 2011-02-09
Size: 77 flashcards
Views: 22

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five stages of the criminal justice system

entry, pretrial services and prosecution, adjudication, sentencing, and sanctions, and corrections

selective enforcement of the law

criminal justice personnel may enforce some laws and not others or may enforce them in some situations and in other situations

discretion

the authority to choose among alternative actions

founding decision

decision made by police that a particular incident should be treated as a crime (founded) or not treated as a crime (unfounded)

arrest

the action of taking a person into custody for the purpose of charging him or her with a crime

warrant

a writ issued by a judicial officer ordering law enforcement to perform a specific action such as a search or an arrest

prosecutor

a government attorney who instigates the prosecution of an accused and represents the state at trial

initial appearance

the first court processing stage after arrest, in which, the accused is brought before a judge or magistrate to hear the formal charges

indictment

a formal document of a criminal charge against an accused, issued by a grand jury, based on evidence presented by the prosecutor

grand jury

a group of citizens, between sixteen and twenty-three, assembled to determine whether sufficient evidence exists to support the prosecution of the accused

arraignment

a hearing before the court in which the defendant is formally informed of the charges and is required to enter a plea

bail

money or other security placed in custody of the court in order to ensure the return of a defendant to stand trial

release on recognizance (ROR)

a non-financial release in which the accused promises to appear in court on the required date

adjudication

the process whereby the court arrives at a decision regarding a particular case

jury trial

evidence is presented to a panel of citizens, who are required to determine the defendant's guilt or innocence of the charges

bench trial

court proceedings in which a judge hears the evidence and determines the defendant's guilt or innocence

sentence

the specific penalty for a specific crime

conviction

the judgment of a court, based on the verdict of a jury or judicial officer, that the defendant is guilty of the offense charged

corrections

a term encompasses all the government agencies with authority for the intake, supervision, confinement, transportation, treatment, and custody of convicted offenders

furlough

an authorized absence from a correctional institution for a specified period of time

probation

a criminal sentence that allows offenders to reside within the community

parole

conditional release and supervision within the community as part of a criminal sentence

wedding cake

a model of the justice process that describes the public's and the media's focus on a few extraordinary and exceptional crimes

felony

an offense punishable by more than one year in state or federal prison

misdemeanor

a relatively minor offense punishable by a fine or up to one year in jail

justice funnel

a model of justice process that depicts the impact of discretionary decision making by criminal justice personnel as they sort and filter defendants through the five stages

ideal of expressive justice

the use of harsh punishments to express moral outrage at the injustice of crime

assembly-line model

a model of the justice process that depicts the system as processing cases as swiftly and efficiently as possible and in a standard manner

standardization

the concept that each case is treated according to the same rules, regardless of individual circumstances

obstacle-course model

a model of the justice process which depicts the system as complex and convoluted, deliberately difficult to negotiate in order to protect due process rights of the accused

individualization

the concept that each case be treated on the basis of its own unique and specific facts

the dilemma of discretion

discretionary decision making is essential for justice but also creates possibilities for discrimination and bias in the justice process

legal guilt

proof of criminal liability beyond a reasonable doubt by admissible evidence within a court of law

criminal liability

the degree of blameworthiness assigned to a defendant as a result of legal adjudication

material elements of the crime

the five key elements common to almost all criminal statutes which must be proven within a court of law beyond a reasonable doubt according to the rules of criminal procedure and evidence to establish legal guilt

actus reus

the physical element of the criminal act

human conduct rule

the legal principle that a person must commit an act (performance, deed, or movement) or a failure to act (where the law specifies a duty to act) in order to be subject to criminal sanctions

mens rea

the mental element in crime, or criminal intent, or the guilty mind

motive

reasons a person commits a particular action

degree

the level of seriousness of the crime

specific intent

the thoughtful and conscious intention to perform a specific act in order to achieve a particular outcome

general intent

state of mind inferred from the behavior or conduct itself to commit the act

criminal negligence

creation of high risk or harm without consciousness

constructive intent

state of mind in which a person acts without intending harm but with a complete disregard for the rights and safety of others.

criminal recklessness

knowing creation of high risk of harm to others

strict liability statutes

crimes for which one may incur liability without fault or intention

homicide

the killing of a human being by the act, procurement, or omission of another human being

justifiable homicide

homicide that is permitted under the law by reason of self-defense, necessity, or the execution of public duty

excusable homicide

homicide that is committed by persons without legal liability for their conduct or in a manner that criminal law does not prohibit e.g. accidentally

criminal homicide

the purposeful, knowing, reckless, or negligent causing of the death of one human being by another

murder

the killing of one human being by another with malice or premeditation

felony murder

if a death occurs during the commission of a felony, the person committing the primary offense can also be charged with murder

manslaughter

the unlawful killing of a human being without malice or premeditation

voluntary manslaughter

the unlawful killing of a human being without malice but that is done intentionally upon a sudden quarrel or in the heat of passion

involuntary manslaughter

an unintentional killing for which criminal liability is imposed

vehicular homicide

the killing of a human being by the operation of a motor vehicle by another in a reckless manner likely to cause the death of or greta bodily harm to, another

reasonable person standard

the circumstances as they appeared to the defendant would have created the same beliefs in the mind of an average, normal, sensible human being

concurrence

the simultaneous coexistence of an act in violation of the law and a criminal intent

causation

a causal link between an actor's conduct and a harm

"but for" standard

a standard for determining causality which holds that "but for" the conduct of the accused , the harm in question would not have occurred

harm

loss, disadvantage, or injury to a victim

affirmative defenses

defenses raised by the defendant's counsel that carry the burden of proof beyond a reasonable doubt

defense of alibi

legal defense in which the defendant claims to have been in a different location when the crime was committed

defense of justification

a category of legal defense in which the defendant admits committing the act in question but claims that it was necessary to avoid some greater evil

public duty

a defense that claims the defendant was lawfully exercising authority at the time the act was committed

necessity justification

a defense to a criminal charge that claims it was necessary to commit some unlawful act in order to prevent or avoid a greater harm

self-defense

to a criminal charge based on a person's inherent right to self-protection and to reasonably defend himself or herself from an unlawful attack

defenses of excuse

a category of legal defense in which the defendant claims a personal condition at the time of the act that excuses him or her from criminal liability under the law

ignorance of law

lack of knowledge of the law or the existence of the law

mistake of fact

a defense claiming an error or misunderstanding of fact or circumstances resulting in an act that would otherwise not have been undertaken

defense of duress

defense to a criminal charge that the defendant was forced to act against his or her will

voluntary intoxication

intoxication that is the result of willful personal choice

involuntary intoxication

intoxication that is not willful

defense of infancy

a defense that claims that individuals below a certain age should not be held criminally liable for their actions by virtue of their young age

entrapment

the inducement of an individual to commit a crime not contemplated by him or her

defenses of insanity

affirmative defenses seeking to prove a mental state that prevents an individual from comprehending the nature and consequences of actions from distinguishing right from wrong

battered woman (person) syndrome

a condition characterized by a history of repetitive abuse and learned helplessness

About this deck

By: Bianca Day
Created: 2011-02-09
Size: 77 flashcards
Views: 22

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis