Criminal Justice 102.5 Exam 1 flash cards

Criminal Justice 102 with Cara Rabe-hemp at Illinois State University

About this deck

By: Briana Benda
Textbook:

Crazy: A Father's Search Through America's Mental Health Madness

Pursuing Justice

Sense and Nonsense About Crime, Drugs, and Communities: A Policy Guide
Created: 2011-09-27
Size: 55 flashcards
Views: 100

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Natural Law

Moral basis, applicable to all places

Ex: Declaration of Independence, Ten Commandments

Issues: interpretation and loopholes

Rational Law

Political- systems of law in different countries

3 types: Common, Civil, Islamic

Common Law

Bench or jury

negotiated pleas

appelate courts

precedence

transcripts- record of what happens in court

laws

Civil Law

private offense

courts mediate & award

individual benefits

elected to be judge

no pleas

trial & appellate blurred

Criminal Law

Public offense

Courts punish the guilty

State benefits

Islamic Law

Koran and Sunna- Primary Sources

Consensus and Analogical Reasoning- Secondary Resources

Hudud Offenses

criminal offenses state active role, crime against god as outlines in Koran & Sunna

examples:

theft (amputation)

extramerital sex

defamation (related to extramarital sex)

highway robbery

use of alcohol

Apostasy

Rebellion

Quesas Offenses

crimes against another person

"equal harm" or "retaliation" "eye for an eye"

serious crimes (mruder, assault, battery)

Ta'zir Offenses

Crime whose penalties are not fixed by the Koran or Sunna, but are within descretion of a judge

rehabilitation include consumption of prok, bribery, provocative dress

treated as adultery

Ex: selling wine

Mala in se

(murder)

"natural crime"

evil in themselves

Mala in Prohibita

things we prohibit- gambling, prostitution

"man-made crimes"

wrong because they have been made wrong by positive law

Elements of a Crime

Actus Reus

Mens Rea

Concurrence (union of the criminal act-actus reus- and criminal intent-mens rea-)

Causation (legal principle that the criminal act is the act that is the cause of the harm

TWO TYPES of causation: factual & legal

Harm (result)

Actus Reus

the guilty (criminal act) when thoughts are acted on

-voluntary bodily movements

-ommision in the face of a duty to act

-possession

Mens Rea

guilty intent

some sort of guilty mind must exist

must be proven

motive different from intent

Defenses- Excuse

the accused wrong doing should be excused bc he or she lack the capacity to be held liable for the crime EX: too young, insanity, intoxication (voluntary not succesful, invol. forced or unaware of drug & alc interaction) mistake (law was not published or known to the public or person relied on an erroneous law enforcement statement.

Defenses- Justification

defendent accepts responsibility committing an illegal act, but contends the act was justified (reason you did it)

EX: duress (forced to do it), self-defense, necessity(harm avoided greater than harm caused by your crime), entrapment(decieved by agent)

First Ammendment

freedom of Religion, speech, press, assembly, petition

Second Ammendment

to bear arms

Third Ammendment

No Quatering Troops

Fourth Ammendment

freedom from unreasonable search and seize, warrants based on probable cause & stated with specifity

Fifth Ammendment

Grand jury, double jeopardy, incrimination, due process

Sixth Ammendment

Criminal prosecution- rights to speedy trial

Seventh Ammendment

right to jury- common law

Eighth Ammendment

rights against excessive bail, cruel & unusual punishment

Fourteenth Ammendment

Priveledges & Immunities, due process & equal protection

Aristotles definition of Justice

Consists of treating equals equally and unequals unequally according to relevant differences

Distributive Justice

Concerned with how a political entity such as a nation-state distributes resources to its members.

When does it become unjust? only when the accumulation of resources is exploitive

Retributive Justice

concerned with how a society's system of law goes about determining guilt or innonence(procedural), and then how it goes about determing the proper punishment for the guilty (substantive)

Sentencing guidelines

1. statutory gravity of crime (first degree, second etc.)

2. whether or not crime was committed on probation

3. amount of monetary loss

4. series of aggravating or mitigating circumstances

Problem with Aristotles definition of Justice?

defining what "relevant" differences are.

ex: skin color?

Legal Realism

study of legal decision making

Transcendentalism

philosiphical position that emphasizes the primacy and superiority of the spiritual over the material.

Evolutionary perspective

attempts to explain the origins of law and justive with reference to the principles of evolutionary biology.

Naturalistic Fallacy

common practice of confusing "is" with "ought to be"

Ex: what "is" represents a scientific observation

what "ought to be" is moral hope

Justice vs. Law

Justice is the process, Law is the rule

Positivist definition of crime

crime is what the law says it is

Garofalo & Natural Crime

he believes that laws should not just be created by those who the laws benefit them.

"an act should be considered a crime only if it was universally condemned.

3 Elements of the rule of law

1. requires a nnation to recognize the supremecy of certain fundamental values and principles.

2. These values and principles must be committed to writing.

3. A system of procedures that hold the government to these principles and values must be in place.

Beccaria's Contributions

argued that accused persons should be able to confront their acusers

enjoy the benefit of a public trial

if guilty, punishmnet should fit the crime

punishment should be identical for identical crimes

Packers Models- Crime Control

"assembly line"

emphasizes community protection from criminals based on the argument that civil liberties can only have real meaning in a safe, well ordered society

a. an administrative fact-finding process leading to the exoneration of the suspect

b. the entry of a plea of guilty

Packers Model- The Due Process

"obstacle course"

more concerned with the integrity of the process rather than its efficiency

Stare Decisis

"let the decision stand"

Constituion

creates a government - literally "constitutes the government

Legislation

authority to act in certain areas, and within these areas, they may pass legislative enactments or bills (statutes)

Regulations

another form of legislation, may have the force of law in some situations.

Judicial Review

the court has the power to examine a law and determine whether it is constitutional.

Marbury vs. Madison established the authority of the high court

Substantive Law

defined by statute, prescribes (what we should do) and proscribes (what we should not do) various types of conduct

Procedural Law

the rules the state must follow when investigating suspects or prosecuting someone who has committed a crime.

Concurrence

the union of the criminal act (actus reus) and criminal intent (mens rea)

Causation

legal principle that the criminal act is the act that is the cause of the harm

Seperate Crminal Justice systems & Agencies

50 state systems

federal system

native american justice system

ALL INCLUDE: 18,769 seperate state and local law enforcement angencies

Old Idealism

classic civic-book picture of justice- no bias, justice served

officials enforce the law as it is written

person who committs crime usually arrested and prosecuted for that offense

New Cynicism

Portrays a cjs in which there is neither law, nor order, nor justice

chaos, punish on own agenda, racist and bias

Crime commission model

most famous

Accomplishes: providing a conceptual framework that helps identify general patterns, define problems,