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90 Cards in this Set
- Front
- Back
Regina v. Dudley & Stephens
(stranded on boat: eat Parker) |
Holding- you can't kill an innocent person to save your life
Dicta- what is the responsibility of the captain? save yourself for your crew |
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Holding
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Rule of Law in a case
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Dicta
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Rationale/ Logic of a case
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Tribalism -> Feudalism
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Tribe ruled everything. (blood war)
-but tribes got bigger and the chief got more powerful. they had to settle down & develop tools. Stratification system develops |
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Feudalism -> Nation State
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Oranized by Fiefdom, people have obligations and duties, compensation as sanction
-William the Conqueror - set up laws to control man. |
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compurgation
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swear on oath to innocence, others support you
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Trial by Ordeal
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get a test of Faith (Priest)
penalty: death |
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Benefit of Clergy
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priests say that they shouldn't have to follow the law
then it (extended) to people who could read the bible |
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Trial by Advocacy
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you get a lawyer
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Criminal Justice
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Police, Court, Corrections
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Criminology
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Cause, trends, control
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Notion of Federalism
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political concept in which a group of members are bound together by covenant
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John Locke's ideas
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-all people have natural rights that the gov't can't take away
-people must be willing to give up rights to be safe |
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Declaration of Independence
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inalienable rights - > life, liberty, pursuit of happiness
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Origin of Criminal Justice System as an Academic Principle
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1920 - organized crime was in control and ran the police departments. it was created to professionalize the police
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Civil Rights Movement Impact on CJ
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college campus mobs create brutality from police who attack the innocent.
police and community relationship is bad. crime rate goes up . Creates Civil Disobedience (Rosa Parks) |
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Johnson declares a?
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War on Crime
-(research shows) that crime is prevalent & need to stop crime before it happens |
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LEAA
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Law Enforcement Assistance Administration
-Federal Money goes to those who adopt criminal justice system |
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Omnibus Crime Control & Safe Streets (1968)
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create LEAA
create LEEP create NIJ restored confidence in our police officers |
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LEEP
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Law Enforcement Education Program
Higher education officers, increase law enforcement pay. gives developing more courses |
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NIJ
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National Institue of Justice
developed innovated ways to help fight crime |
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Crime Control
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Model of Criminal Justice
primary goal: reduces crime, keep people safe, guarantee social freedom. it does it by convinces you that crime doesn't pay create Assembly Line Justice presumption of guilt - if you make it to the next step in the criminal justice system you're probably guilty plea bargain - admit your guilty |
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Due Process
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Model of Criminal Justice
emphasizes on individual rights formal procedural rules innocent until proven guilty |
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Balance of Rights and Power
1960s (Civil RIghts Era) |
individual rights most important
the US Supreme Court is the most liberal court ever Limited police power |
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Balance of Rights and Power
1980s |
Conservative Shift
harsh/quick law enforcement |
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post 9/11
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may have caused a permanent shift
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USA Patriot Act
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354 page law passed in 2 months
sneek & peek foreign intel surveillance [FISA] pen register/ tap & trace roving wiretaps detention of non-citizens |
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sneek & peek
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allows fed to go into house, office and others.
-don't have to tell you |
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Foreign Intel Surveillance
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allows FBI to get information from a third party resource without a warrant
-3rd party can't tell anyone |
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Pen Register/ Tap & Trace
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traces who you call/ traces who calls you
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Roving Wiretaps
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allows you to tap anyone's phone who terrorist might associate
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Detention of Non-Citizens
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can detain non-citizens indefinitely if you have "reasonable cause"
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Uniform Crime Reports
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-FBI is in charge
part 1 - index offenses part 2 - all else but traffic |
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UCR
part 1 offenses |
(violent)
-murder -rape -aggravated assault -robbery (property) -burglary -car theft -larceny -arson |
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UCR total amount of crime in US
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10 1/2 million
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Problems with UCR
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doesn't keep track of all offenses (29)
don't have to send in numbers make numbers up individual officer reporting underreporting hierarchy rule |
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UCR clearance rate
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20%
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National Incident Based Reporting
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NIBRS
12 categories - 46 offenses attempted v. completion broaden criminal sexual assault got rid of hierarchy rule records many details of the incident |
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National Crime Victimization Survey (NCVS)
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Data collection method
-household and business (76 K) talk to these houses every 6 months for 3 years - everyone older than 12 ask if you report it (advantages) -figure out unreported crime & why it wasn't how is crim justice system operating figure out more details (age,sex,race) crimes suffered |
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National Firearms Act (1934)
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you have to register guns with government and pay taxes
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Gun Control Act of 1968
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4 restrictions
-no mail order guns -created category of prohibited purchasers -all firearms must have serial number -have to make sure people are allowed to purchase (just ask them) |
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Brady Handgun Violence Prevention
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original form - waiting and background check
now it's computerized |
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Constitution
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7 articles , 27 amendments
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Necessary & Proper Clause
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gives right of law making to the Legislative Branch
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Substantive Law
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define crime & penalty
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Procedural Law
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methods & rules used
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Supremacy Clause
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US Supreme Court decision is the final say
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Stare Decisis
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making decisions based on previous rulings
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Ex Post Facto
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make something a crime that wasn't a crime
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Due Process
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protects you from unjust law
2 types -substantive -procedural |
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Void for vagueness
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requires all laws to be specific
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void fr overbreadth
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prohibit (il)legal activity
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A crime is...
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a voluntary act
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Act of Omission
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fail to do something that you are required to do by law
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Act of Commission
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do something you're prohibited to do
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Involuntary Acts
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In order to be held responsible, your actions have to be forseeable
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Legal duty to act
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-statute (law)
-status relationships -duty to care for another -assume care for another |
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inchoate offenses
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-solicitation
-attempt -conspiracy |
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solicitation
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when someone ask, hire, or encourage another person to commit a crime
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attempt
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intent & corroborating act
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conspiracy
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2 or more agree to commit a crime
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General Intent
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* logical outcomes of behavior
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Specific Intent
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* act with specialized knowledge
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Constructive Intent
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didn't intend to harm anyone but behavior creates a high risk injury
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Transferred Intent
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Intends to harm one, but harms another
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Types of Homicide
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Justifiable
Excusable Criminal |
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Justifiable
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legal necessity or duty
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Excusable
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there was nothing you could do
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Criminal
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Reasonable person test
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Model Penal Code: levels of intent
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-negligent
-reckless -knowingly & purposely |
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Negligent
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should have been aware of the risk of conduct
Involuntary Man. |
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Reckless
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consciously disregards risks
Voluntary Man. |
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Knowingly & Purposely
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Murder 1 & Murder 2
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Strict Liability Offenses
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liable if they occur
-traffic -pharmacist -statutory rape |
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Proximate Cause
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"but for" your actions, the result wouldn't have taken place
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Year and a day rule
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only responsible of the consequences of your actions if they occur within a year and a day
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Statue of Limitations
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Time period for charges
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4 types of defense
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Alibi
Justification Procedural Excuse |
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Alibi
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Couldn't have committed the crime
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Justification
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behavior was appropriate under the circumstances. conduct wrong, but not responsible
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Procedural
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Improper procedure was violated
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Excuses
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Saying you did it, but saying something caused you to do it
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Necessity
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conduct results in greater good than alternatives
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Consent
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Rules of engagement
assisted suicide |
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Self Defense
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force proportionate to threat
force immediately necessary (battered wife syndrome) |
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Duress
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coerced by threat/ use of force
can't be used for homicide |
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Mistake of fact
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if your conduct was a result of negligence
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Insanity
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Competency test
-have to understand the charges and be able to aid and assist in your own defense |
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Entrapment
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Plant Idea
show the gov't planted the idea in a clean mind & provided the motivation and the means |
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Enticement
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Provide opportunity to person predisposed to offense
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