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139 Cards in this Set
- Front
- Back
Mass Murder
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killing of 4 or more victims at one location
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Crime Typology
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a classification of crimes along a particular dimension, such as legal categories, offender motivation, victims behavior or the characteristics of individual offenders
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Investigation and Arrest
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1. Crime discovered or reported
2. Evidence gathered at the scene 3. Investigation ensues 4. Warrant issued for arrest of suspect |
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Excuses
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does not claim that the conduct in question was justified by the situation or moral
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Unconsciousness
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an individual cannot be held responsible for anything he/she does while unconscious. ex.sleepwalking, epileptic seizure
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Treason
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A US citizen's actions to help a foreign gov't overthrow, make war against or seriously injury the United States
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Organized Crime
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unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods or services, including gambling, prostitution, loan shark, narcotics
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Social Control
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use of sanctions and rewards to mold and influence individual members of that group to conform to a certain behavior. ex. tax breaks for married couples, parents, companies and tickets for speeding
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Irresistible Impulse
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they knew what they were doing and also knew that it was wrong, but they couldn't stop themselves from doing it
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Criminology
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scientific study of the causes and prevention of crime and rehabilitation and punishment of offenders
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Defense of home and property
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the preservation of human life outweighs the protection of property and use of deadly force to protect property is not justified unless the perpetrator intends to commit or is committing a violent act against another human being
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Stalking
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repeated harassing and threatening behavior by one individual against another, aspects of which may be carried out in secret
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Espionage
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gathering, transmitting, or losing of information related to the natural defense that would allow enemies to the US an advantage against us.
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Due Process Model
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an analytical tool that emphasizes individual rights at all stages of the Justice system
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Robbery 3
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use of force to take the property of another
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Substantial- Capacity Test
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suggests that insanity should be defined as the lack of a substantial capacity to control one's behavior
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Legality
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a behavior cannot be considered criminal if no law exists that defines it as such
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Mens Rea
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the states of mind that accompanies a criminal act, an essential element of crime
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Reckless
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an activity that increases the risk of harm
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Indictment
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written accusation submitted to the courts by a grand jury, alleging that a specified person has committed a specific offense, usually a felony
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Aggravated Assault
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unlawful, intentional inflicting of serious injury upon the person of another or when a dangerous instrument is used
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Actus Reus
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an act in violation of the law, guilty act
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Arson
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any willful or malicious burning or attempt to burn with or without the intent to defraud a dwelling, public building, motor vehicle or aircraft, personal property of another
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Consecutive Sentence
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2 or more sentences imposed at the same time served in sequence with the other
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Civil Law
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the branch of modern law that governs relationships b/w parties ex. divorce, child support, custody, wills
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Knowingly
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an action undertaken with awareness, involves near certainty
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Temporary Insanity
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the offender claims to have been insane only at the time of the commission of the crime
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Necessity
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the claim that come illegal action was needed to avoid a greater harm is a defense so long as it does not involve serious bodily harm
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Multiculturalism
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existence within one society of diverse groups that maintain unique cultural identities while frequently accepting and participating in the larger society's legal and political system
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Selective Prosecution
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14th amendment guarantees "equal protection of the laws". It may be available where 2 or more individuals are suspected of criminal involvement, but not all are actively prosecuted
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Felonies
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a criminal offense punishment by death or by incarceration in a prison facility for at least 1 year
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Provocation
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recognizes that a person can be emotionally enraged by another who intends to elicit such a reaction
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Date Rape/ Rape Triangle
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unlawful sexual intercourse with a female against her will that occurs within the context of a dating relationship
Rape triangle: 1. alcohol and drugs 2. criminal intent 3. isolation |
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Transferred Intent
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a doctrine that holds a person guilty of murder if he took aim and shot at an intended victim but missed, killing another person instead
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Age
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under the principal of infancy, children cannot reason logically until around the age of seven
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Concurrent Sentence
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2 or more sentences imposed at the same time but this time they are served at the same time
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NCVS Survey
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1. misinterpretations of events that are not actually crimes
2. some respondents are afraid to report crimes even to those who are police 3. some make-up crimes to please the interviewer |
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Involuntary Intoxication
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the theory that a person with an altered mental condition cannot form that requisite intent to commit a crime
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Law
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a rule or conduct, generally found enacted in the form of statue, that prescribes or mandates certain forms of behavior
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Problems with UCR/NIBRS
(police reports) |
1. not all people report crimes
2. victim-less crimes are rarely ever reported 3. white collar crimes and high tech crimes go undiscovered 4. victim account may be misleading or faulty |
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Conspiracy
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an agreement by 2 or more persons to commit a crime, fraud or other wrongful act
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Strict Liability
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liability without fault or intention, they do not require mens rea
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Corpus Delicti
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body of the crime
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Burglary
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unlawful entry of a structure with the intent to commit a crime therein
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Robbery 1
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use of dangerous instrument
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Double Jeopardy
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5h amendment to the US constitution makes clear that no person shall be tried twice for the same offense once "jeopardy" has attached
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Purposes of GBMI
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1. protect society
2. hold them accountable 3. make treatment available to convicted offenders |
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Violence Against Women Act
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seeks to eradicate violence against women at all levels
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Case Law
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the body of judicial precedent that serves as a guide to decision making
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1960-1980 Crime Rate Rise
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Cocaine
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Statutory Law
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written or codified law
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Bail
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money or property pledged to the court or actual deposit to ensure the defendants appearance
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Custody
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when a reasonable person would believe he/she is not free to leave
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Probation
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non-incarceration sentence where the defendant must submit to the supervision of a probation officer and meet the courts conditions
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Probable Cause
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an officer has knowledge or reasonably trustworthy information sufficient to warrant a person of reasonable caution in the belief that an offense has been committed by the person to be arrested
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Offense (Violation)
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a violation of the criminal law
ex. jaywalking, public intoxication |
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Collateral Estoppel
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applies to facts that have been determined by a valid and final judgement, similar to double jeopardy
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Torts
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wrongful act
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Duress
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any unlawful threat or coercion used by a person to induce another to act in a manner he or she otherwise would not
ex. pizza deliveryman |
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Alter Ego Rule
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a person can only defend a 3rd party under circumstances and only to his degree that the 3rd party could legally act on his/her behalf
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Lawsuits
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a civil proceeding irritated by an aggrieved party who seeks to address a civil wrong
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Substantive Criminal Law
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defines crimes and specifics punishments
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Motive
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a person's reason for committing a crime
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Procedural Law
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methods to be used in enforcing substantive law. How to conduct arraignments, hearing, grand juries, trials
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Necessary Attendant Circumstances
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certain facts surrounding a crime increase the degree, level or seriousness of an offense
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Causation
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refers to the foot that the concurrence of a guilty mind and criminal act may cause harm
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Diminished Capacity
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claims of mental condition that may be insufficient to exonerate the defendant of guilt, but that may be relevant to specific mental elements of certain crimes or degrees of crime
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Consent
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the defense of consent claims that whatever harm was done occurred only after the inured person gave his/her permission for the behavior in question
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Resisting Unlawful Arrest
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resistance may be justified if the arresting officer uses excessive force
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Denial of Speedy Trial
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6th amendment guarantees the right to a speedy trial. To guarantee unconvicted and potentially innocent people from languishing in jail, also leads to many individuals who may well be guilty, being set free
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Mistake of Fact
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the defendant may have committed actus reas but they may honestly believe in a set of facts that would prevent him/her from forming the requisite mens rea required to constitute the crime
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White-Collar Crime
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violation of the criminal law committed by a person of respectability and high school status in the course of his or her occupation
ex. Martha Stewart |
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Clearance Rate
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Proportion of reported crimes that have been "solved". Clearance rates are judged primarily on the basis of arrest could lead to false arrests with little evidence
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Rohypnol
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an illegal pharmaceutical substance that is tasteless
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Forcible Rape
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unlawful sexual intercourse achieved through force and without consent
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1st Degree Murder
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unlawful killing that is willful and premeditated
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Conflict Model
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Assumes that the system's components function primarily to serve their one interests
Interest: success among agencies, promotions pay increases, accountability |
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Sarbanese-Oxley Act
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Corporate officials must personally vouch for the truth and accuracy of their companies' financial statements
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Brawner Rule
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Judge Bazelon created this rule in 1972 in the case of US v. Brawner. Places responsibility for deciding insanity squarely with the jury
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Self-Defense
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the protection of oneself or of one's property from unlawful injury or from immediate risk of unlawful injury, must us reasonable force
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2nd Degree Murder
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unintentional killing that is not premeditiated or planned nor committed in a reasonable "heat of passion"
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Interrogation
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questions that are designed to elicit incriminating information
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Mental Incompetence
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as a result of mental illness or defeat, a defendant is incapable of understanding the nature of the charges and proceedings against him/her
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Entrapment
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an improper or illegal inducement to crime by agents of law enforcement
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Suppression
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any statement made by the defendant that was not made knowingly and voluntarily cannot be used in court
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Common Law
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law originating from usage and custom rather than from written statutes
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Frivolous Lawsuits
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a legal claim or defense presented even though the party and party's legal counsel had reason to know that the claim or defense had no merit
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Insanity under Federal Law
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a condition in which a defendant can be shown to have been suffering under a "severe mental disease or defect" and as a result "was unable to appreciate, the nature and quality of the wrongfulness of his act
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Crime-Control Model
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an analytical tool that emphasizes the efficient arrest and conviction of criminal offenders
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National Crime Victimization Survey
(NCVS) |
an annual survey to determine the extent of criminal victimization especially unreported
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Criminal Law
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body of rule and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society
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Concurrence
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the coexistence of
1. an act in violation of the law (actus reus) and 2. a culpable mental state |
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Crime
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conduct in violation of the criminal laws of a state, the federal gov't or a local jurisdiction
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Inchoate Offense
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an offense not yet completed or an action that is a step toward the intended commission of another.
ex.a woman calling a hit man to kill her husband |
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Criminal Negligence
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behavior in which a person fails to reasonably perceive substantial and unjustifiable risks or dangerous consequences
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Infraction
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a minor violation of a state statute or local ordinance punishable by a fine or other penalty
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Homeland Security
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to coordinate the executive branch's efforts to detect, prepare for, prevent, protect against, respond to and recover from terrorist attacks with the US
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Consensus Model
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analytic model that assumes that the system's components work together to achieve justice
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Criminal Courts
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Conduct fair and impartial trials (6th amendment), determine guil or innocence, ensure due process, protects rights and freedoms
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Executive Order
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directive issued by the president, the head of the executive branch of the federal gov't, state governors have similar power at the state level
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Law Enforcement (police)
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enforce the law, investigate crimes, maintain public order, ensure community, safety
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Guilty but Mentally Ill (GBMI)
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a person can be held responsible for a specific criminal act even though a degree of incompetence may be present. Mentally ill by medical standards but sane for the purpose of the law
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Assault
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an unlawful attack by one person upon another
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Preliminary Hearing
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decided by a judge
1. whether a crime was committed 2. whether it was committed within the territorial jursidiction of the court 3. reasonable grounds to believe that the defendant committed the crime |
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Stare Decisis
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a legal principle that requires that courts be bond by their own earlier decisions and by those of higher courts having jurisdiction over them
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Durham Rule
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the rule created in a 1871 New Hampshire court, holds that a person is not criminally responsible for his or her behavior of the person's illegal actions were the results of some mental disease or defect
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Grand Jury
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a group of juror's who have been selected according to law and sworn to hear evidence to determine a guilty or not guilty sentence for a person, selected by a group of jurors for the decision
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Criminal Justice
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the study of how the criminal justice system deals with violators of the law while attempting to apply principles of fundamental fairness and moral equality
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Uniform Crime Reporting (UCR)
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annual summation of the incidence and rate of reported crimes throughout the US
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Bureau of Justice Statistics (BJS)
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US dept. of justice agency responsible for the collection of criminal justice data
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Corporate Crime
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a violation of a criminal statute by a corporate entity or by its executives, employees, or agents acting on behalf of and for the benefit of the corporation, partnership or other form of business entity
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First Appearance
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within 24-48 hours suspects must be brought before a judge for an initial appearance (arraignment)
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National Incident- Based Reporting System (NIBRS)
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detailed data on every single crime occurrence, this did not replace the UCR
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Insanity
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a concept developed to enable the judicial system to assign guilt or innocence to particular defendants
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Brady Handgun Violence Prevention Act
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mandates a 5-day waiting period before a purchase and establishes an instant criminal background check system that dealers must use before selling a handgun
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Serial Murder
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killing of several victims in 3 or more separate events
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Defense of Others
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permit to use reasonable force to defend others who are or appear to be in imminent danger
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Punishment
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no crime can be said to occur where punishment has not been specified by law
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Alibi
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A contention or statement by an individual changed with a crime that he or she was so distant when the crime was committed that it was impossible for them to commit
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Due Process
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simply means procedural fairness, 5th, 6th and 14th amendment guarantees this
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Parole
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inmate has served a portion of his prison sentence during his/her release, he/she are supervised by a parole officer for a period of time
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Spontaneous Utterance
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when a suspect makes an incriminating statement that is not in response to a question by law enforcement
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Hate Crime
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a criminal offense committed against a person, property or society that is motivated in whole or in part by the offender's bias against a race, religion, disability, sexual orientation or ethnicity, national origin.
Ex. James Bryd Jr. |
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Larceny- theft
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unlawful taking or attempted taking, carrying, leading or riding away of property from the possession or constructive possession of another
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Adjudication
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6th amendment allows every criminal a right to a trial by jury, however the supreme court has ruled that petty offenses cannot have that
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Justification
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a legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil
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Penal Code
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written, organized and compiled form of the criminal laws of jurisdiction
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Mistake of Law
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a convoluted or unclear law may make a mistake of law acceptable
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Misdemeanors
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an offense punishable by incarceration for a period whose upper limit is typically one year or less
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Correctional Agencies
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carry out sentences imposed by the courts protect the community, provide safe and humane custody of offenders
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Rule of Law
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the maxim that an orderly society must be governed by established principles and know codes that are applied uniformly and fairly to all its members
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Justice
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the principle of fairness; the ideal of moral equality
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Robbery 2
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2 or more people doesn't need to have a gun, just be outnumbered
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M'Naghten Rule
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a person is not guilty of a crime if at the time of the crime, the person either didn't know what he/she was doing or that he/she didn't know what they were doing was wrong
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Purposeful
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always acts knowingly, but a person may not act in a knowingly criminal way but for a purpose other than criminal intent
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Identity Theft
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a crime in which an impostor obtains key pieces of info, such as
SSN, driver's license #, to obtain credit, merchandise and services in the name of the victim |
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Prosectorial Misconduct and Police Fraud
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actions undertaken by the prosecutor or police that give the gov't an unfair advantage or that prejudice that rights of a defendant or a witness
ex. hiding evidence or info, permitting false testimony |
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Statutory Rape
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non forcible intercourse with a minor
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Spree Killing
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2 or more locations with almost no break between murders
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