test no. 4 study guide
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Created by:
CappelaStar on November 15, 2010
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Description:
things to know for cjus class
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41 terms
Terms | Definitions |
|---|---|
 Actus Reus | Act committed that was in violation to the law |
| Mens rea | Intent that a person has to commit a crime |
| Causation | Prosecution must prove "causation" weather it be the cause if death, Injury, ect. |
| Direct causation | Act was intentional/ direct Act caused the injury |
| Proximate Causation | Act was not direct Resulted in death/ injury |
| Retribution: | Society can vent anger Exact vengeance |
| Deterrence | To dissuade offenders |
| Restraint: | Confinement Executed Incapacitated No further opportunity to commit a crime |
| Rehabilitation | Education and treatment Become productive member of Society And returns to society |
| Restoration | Victim-oriented approach Victim compensation -called restitution Gives constructive roles for victims |
| Principals | Those involved in a crime |
| First degree | Requires the intent of the person Engages knowingly in criminal activity Causes the harm |
| Second Degree | Aid's, counsels, enables, or commands crime Present at time of crime |
| Accessories | Aids/ abets a crime: before the fact Aids/ receives/ comforts: after the fact |
| Constructively present | Such as a get away driver Principal 2nd degree |
| Enables, commands, aids or counsels | 2nd degree criminal charge |
| Embezzlement | Unlawful possession of another's money or property Fraudulently convert money or property |
| Extortion | Not threats of immediate violence Threats of future harm Accuse of crime Not just possession |
| Theft by false pretenses | Obtains title to property of another Knowingly makes false representations With intent to defraud Must gain title/ not just possession |
| Receiving stolen property | Buying/ receiving Known to have been stolen |
| Forgery | Making a false writing Materially alter a genuine writing |
| Fortification | Unmarried Sexual intercourse Who cohabitate |
| Adultery | Married person Cohabits with another Has sexual intercourse |
| Sodomy | Variety of sexual acts Human partners (same/opposite sex) Human and animal (bestiality) Sexual contact with a corpse (necrophilia) |
| Incest | Cohabitation / sexual intercourse Closely related persons Parent and child/ Siblings Related by birth rather than marriage |
| Bigamy | Marriage before prior marriage terminated |
| Prostitution | Provided sex to another for a reward Male or female |
| Crimes against government | Authority to protect itself Against injury/ destruction Protect from corruption |
| Treason | Attempting by overt acts To overthrow/ levy war Against the government |
| Perjury | Willfully giving a false statement while under oath Concerning a material matter Concerning a material matter In a judicial proceeding /congressional hearing/ before a notary public |
| Bribery | Giving or promising to give a public official something of value |
| When are police allowed to search a Motor vehicle? | Probable cause |
| When are police allowed to Stop and Frisk a person? | Reasonable suspicion |
| open fields doctrine | Search for contraband |
| abandoned property | automobile, dwelling, personnel property |
| customs and immigration | exempt from Probable cause mere suspicion can detain and search |
| Body searches | "real" or "reasonable suspicion" |
| Body cavity search | "clear indication" |
| 4th amendment | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
| private citizens searches | Garbage can placed at curb next to house is illegal to search |
| probation- parole | condition of waive right to search and seizure |
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