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24 Cards in this Set

  • Front
  • Back
A theory which interprets the relationships between social values and the law that stipulates the criminal law often reflects the values of society's dominant class.

Value Conflict Model
The rules directing the application and enforcement of substantive criminal laws

Criminal Procedure



With respect to criminal law, what must the state do?

Prove the defendant guilty beyond all reasonable doubt.
With respect to criminal law, what does it do?

Deals with offenses committed against the safety and order of the state.
With respect to criminal law, what is the difference compared to civil cases?

Tougher burden of proof than in civil cases
Four conditions necessary to establish adequate provocation to reduce a murder charge to voluntary manslaughter

"Crime of Passion and Rage"


Provocation of Heat of Passion


No Cooling Off Period


No Malice Aforethought

The process by which individuals learn and internalize the norms of society

Socialization
Element of the Crime of Robbery

The item stolen must be taken from the person or his immediate presence
Crimes that are motivated by the offender's bias against another because of their race, religion, disability, sexual orientation, or ethnicity/national origin
Hate Crimes
Reasons for the overall decrease in crime during the past two decades

Tougher sentencing keeping criminals off the streets longer, Community policing, and an overall decline in the proportion of young males
Death Occurs When

Victim's heartbeat and respiration stop
Involuntary Manslaughter (Criminally Negligent Homicide)


Unintentional Killing


Caused by the Commission of any Act


Performed in criminally negligent manner

The three independent but equal powers of the government

Executive, Judicial, and Legislative Branches
The exercise of control by the government over a person or thing for the purpose of the Fourth Amendment
Seizure
The amount of certainty that a crime has been committed and the suspect committed it in order for police to have legal authority to make and arrest

Probable Cause
Evidence that dissipates quickly over time making it eligible for the exigent circumstances exception to the search warrant requirement
Evanescent Evidence
Taint from Illegal Action may be dissipated by


Independent Source


Weak link between police misconduct and challenged evidence


Inevitable Discovery

The remedy for the violation of a right to a speedy trial

Dismissal of Charges
The Sixth Amendment guarantees


The right to confront witnesses


The right to a public trial


The right to a jury trial

The doctrine that prohibits the admission of evidence subsequently obtained after an illegal or initially tainted admission, confession, or search
Exclusionary Rule
The amendment guarantees rights against both excessive bail and cruel and unusual punishment in federal courts
Eighth
In order for criminal laws to avoid being found unconstitutional due to their vagueness or broadness they must:


1. Give notice or warning to all who are subject to them


2. Not unreasonably deny other rights such as the First Amendment rights to free speech and religion


3. Protect against discriminatory enforcement

UCR

Uniform Crime Reports
UCR are collected by

F.B.I