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Final Criminal Law and Procedure

Chapters 8-14
STUDY
PLAY
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