Final Criminal Law and Procedure

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80 terms · Chapters 8-14

Sentencing

is the process by which an authority imposes a lawful punishment or other sanctions on a person convicted of violating the criminal law.

just deserts

The model of criminal sentencing suggests that punishment should be appropriate to the type and severity of the crime.

Retribution

is the act of taking revenge on a criminal offender.

retribution

is the most punishment oriented of all sentencing goals.

Due Process

When the criminal punishment is associated with violation of the law, the U.S. Supreme Court has ruled that constitutional guarantees of _______ must apply.

General deterrence

Bob steels a TV. Bob is sent to prison as an example to others so they won't steel TV's. The goal of Bob's punishment is:

Deterrence

is a goal of criminal sentencing that seeks to prevent others from committing crimes similar to the ones for which an offender is being sentenced.

Rehabilitation

The purpose of __________ is to reform criminal offenders, restoring them to productive lives in the community.

Incapacitation

is the sentencing philosophy that aims to reduce the likelihood that the offender will be capable of committing future offences.

A more sever penalty than for the offence alone

An offender sentenced under a habitual offender statute who has been show to be previously convicted of other specified crimes will receive

True

A conviction for prostitution does not require the sexual act in question to actually take place.

False

In most states, only the prostitute, not his or her customer, can be found guilty of prostitution.

True

Men and women can both be prostitutes

True

Obscene material that appeals to the prurient interest and lacks serious literary, artistic, political, or scientific value is not protected by the First Amendment.

True

The practice of homosexuality was against the law in this country in most places for many years.

False

Polygamy is unlawful sexual intercourse with a relative through blood or marriage.

False

Gambling is only rarely associated with organized crime.

False

The states have very similar laws when ti comes to gambling.

True

Designer drugs are produced to evade the controlling statutory provisions.

True

RICO is an acronym for the section of the federal Organized Crime Control Act known as Racketeer Influenced Corrupt Organizations provision.

Terrorism

The Commission of a traditional crime (murder) with the intention of coercing a population or influencing a government through fear or intimidation.

Treason

The crime of levying war against or supporting the enemy of one's nation.

Common elements of the crime of terrorism

1. Intimidation of fear 2. The commission of a crime 3. The intent to intimidate or coerce a government of population.

FISA

Federal terrorism law. Federal Intelligence Surveillance Act of 1978

Combating terrorism the Government

Focus is on prevention as much as it is on prosecution and punishment.

Women and Children

The largest group of victims of human trafficking are

International

Federal terrorism laws distinguish between domestic and ________acts of terrorism.

The executive branch

Courts normally extend great difference to the judgement of ______in matters of national security.

are some of the fastest growing areas of

According to the United Nations trafficking in persons and human smuggling ___________international criminal activity

US Patriot Act

is a major piece of legislation passed in response to the attacks on the World Trade Center.

Public Order

Crimes against _________are those that disturb or invade socity's peace and tranquility.

Disorderly conduct

Public order offenses include:

An unlawful assembly

In most jurisdictions ______is the gathering of three or more persons for the purpse of committing an unlawful act.

purgery

is the willful giving of false testimony under oath in a judicial proceedings.

Direct

When an offender is found in ____contempt of court, the judge may punish them.

Resisting arrest

is the crime of obstructing or opposing a peace officer who is making an arrest.

Misconduct in office

Includes acts that a public office holder has no right to preform.

Bribery

is the offense of giving or receiving a gift or reward intended to influence a person in the exercise of a judicial or public duty.

Malfeasance

An office holder who commits misconduct in office by doing something he or she has no right to do is guilty of:

Breach of peace

includes not only violent acts, but acts and worlds likely to produce violence in others.

Larceny

Is the trespassory or wrongful taking and carrying away of the personal property of another with the intent to steel.

Intentionally

Larceny can only be committed:

Embezzelment

is the misappropriation of property already in possession of, the lawful property of another by means of the deception, and with intent to defraud.

False pretenses

is knowingly and unlawfully obtaining the title to, and possession of, the lawful property of another by means of deception, and with intend to defraud.

Uttering

is the offering, passing, or attempting passing of a forged instrument with knowledge that the document is false and with the intent to defraud.

Identity theft

is rapidly becoming the most important new theft crime in the twenty-first century.

Burglary

The element of ________ are 1. breaking an 2. entering of 3. a building locked automobile, boat, etc. 4. with the intent to commit a felony or theft.

Criminal mischief

The intent or knowing damage or destruction of the tangible property of another is:

Personal Trespass by Computer

The elements of _______ make it illegal for a person to 1. use a computer or computer network 2. without authority and 3. with the intent to cause physical injury to an individual.

Sodomy

is the oral copulation between persons of the same or different gender, or between a human being and an animal.

Battery

is the intentional and offensive touching or wrongful physical contact with another without consent, that results in some injury or offends ir causes discomfort.

Kidnapping

The elements of the crime ________ are 1. an unlawful taking and carrying away 2. of a human being 3. by force, fraud, threats, or intimidation and 4. against the persons will.

Bodily injury

is the unlawful application of physical force on the person of the victim.

false

Stalking can not be committed in cyber space

true

in most jurisdictions today, the elements of the crime rape are 1. sexual intercourse with a person not the spouse of the perpetrator 2. through force, threat of force, or by guile, and 3. without the lawful consent of the victim.

True

Sexual contact generally means a touching short of sexual intercourse.

True

The worth of any evidence to prove or disprove the facts at issue is said to have probative value.

False

Battery is a specific-intent crime

True

it is not legally possible for one woman to rape another woman.

Mixed sentences

Are weekends in jail while on probation

Split sentence

a period of confinement followed by probation

Shock probation

sentence to prison thinking they are going to be there a long time, allow them to apply for probationary release and grant it in a surprise.

Four dominate sanctions of Criminal law are:

1. Imprisonment 2. Probation 3. Fines 4. Death

Sentencing Rationales

1. Retribution 2. Deterrence 3. Rehabilitation 4. Restoration 5. Incapacitation.

5 distinguishing features of criminal punishment

1. It must involve pain or other consequences normally considered unpleasant. 2. It must be for an offense against legal rules. 3. It must be imposed against an actual or supposed offender for his offense. 4. it must be intentionally administered by human beings other than the offender. 5. It must be imposed by an authority constituted by a legal system against which the offense is committed.

Aggravating Factors

induces others to participate in the offense. The offense was especially heinous or cruel, the defendant was armed, the offense was committed to prevent arrest or during escape, The offense was committed against someone in the criminal justice position. The defendant took advantage of a position or trust.

Midigating Factors

No criminal record more than 60 days in jail, mad substantial or full restitution, person was of good character or has a good reputation,assisted prosecution, offense was committed under duress coercion, threat or compulsion. Mental or physical condition reduces culpability.

Equity

Social equity similar crimes deserve similar punishments regardless of gender, race, or social standings.

Just Deserts

Criminals are held accountable- they deserve to be punished.
1. retribution 2. Deterrence 3. rehabilitation 4. restitution 5. Incapacitation

Deterrence

Deter- others from committing the crime

Rehabilitation

Rehab- rehabilitate the offender

Restoration

restore- make the criminal right their wrongs. Make the victim and the community feel whole again.

Golden Age of the Victim

a few hundred years ago the victim had well recognized rights including the personal say in how the criminal was punished.

The kings peace

Crimes seen as crimes against society. The victim was removed from the equation. State centered justice.

precursor chemical

Chemical may be used in the manufacture of a controlled substance.

Lewdness

Obscene behavior. intimate activity by a single person that is sexual arousing...Pee in public

Laciviousness

That at which is obscene or lewd tends to cause lust.

The Elements of the Crime Prostitution

1. engaging in or offering to preform 2. a sexual act 3. for hire.

Trafficking

Force, fraud coercion or under 18. Forced labor/ to exploit victims. Slaves limited movement, documentation confiscated, Not required to cross international borders. Personal involvement in labor or services or commercial sex "working"

Smuggling

Any age with or with out cooperation. Violating the law

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