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Criminal Justice Exam 1
Terms in this set (75)
What CJ policies are advocated by conservatives?
Stricter enforcement of the law through expansion of police forces and the enactment of laws that require swift and certain punishment.
What are liberals' criticisms of contemporary policies?
Stronger crime measures endanger the values of due process and justice.
What two CJ goals do Americans agree on?
That CJ policies should both control crime by enforcing law and protect the rights of citizens.
What are the main features of the crime control model?
Every effort must be made to repress crime through efficiency, speed, and finality.
What are the main features of the due process model?
Every effort must be made to ensure that criminal justice decisions are based on reliable information. The model stresses the adversarial process, the rights of defendants, and formal decision-making procedures.
At what level of government are many justice officials elected to office?
State and local levels.
How do politics influence CJ policies?
Penal codes and budgets are passed by legislatures, many CJ officials are elected, and CJ policies are developed in political arenas.
Who are some individuals who have influenced CJ policy?
Cindy Lightner, founder of MADD; Sarah Brady, founder of Brady Center for Gun Control; Congresswoman Carolyn McCarthy.
How do average citizens affect criminal justice?
Voting, participating in community organizations, taking steps to impact their own potential vulnerability to victimization.
Who defines certain behaviors as criminal?
Elected reps in state legislatures and congress.
What is mean by mala in se and by mala prohibita?
Mala in se: offenses that are wrong in themselves
Mala in prohibita: acts that are crimes because they are prohibited
What are the 6 main types of crime?
Visible, pccupational, organized, victimless, political, cyber.
What groups are overrepresented among those arrested for visible and street crimes?
Young, male, poor.
Why is the term occupational crime more useful today than white collar crime?
Workplace-related crimes are committed by all occupational groups.
What is the function of organized crime?
To provide goods and services that are in high demand but illegal.
What is meant by the term crimes without victims?
These are crimes against morality in which the people involved do not believe they have been victimized.
What are political crimes?
Crimes such as treason committed for a political purpose.
What types of criminal activities are labeled as cyber crime?
using computers to steal valuable information and assets, identity theft, illegal downloading, malicious viruses.
Has crime in the US reached record levels?
For which crimes does the crime rate in the Us exceed that of most industrialized democracies?
Violent crimes such as murder.
What are two main sources of crime data?
Uniform Crime Reports (UCR), National Crime Victimization Surveys.
What are key factors in crime trends?
Demography, changing social contexts, neighborhoods, families.
What are the main elements of the lifestyle exposure model?
Demographic characteristics, adaptations, lifestyle, association, exposure.
What are the characteristics of the group that is most victimized by violent crime? Least victimized?
Most: teenage African Americans, male/female varies by year.
Least: elderly white females.
Which crime is most likely to be committed by nonstrangers?
Which type of crime is the most likely to be committed by strangers?
What are some of the impacts of crime?
Fear, financial costs, emotional costs, lifestyle restrictions.
How is fear of crime shaped and how does it relate to actual crime rates?
People gain perceptions about crime through the news, media, movies, and TV. Fear often exceeds rates.
Why are poor people often less likely than others to take actions to reduce the risk of crime?
Poor people often reside in high crime areas without being able to afford security. They are also more likely to travel in the evening.
Why do some crime victims feel mistreated by the justice system?
The system focuses on finding and punishing the offender; police and lawyer often question victimes closely in an unsympathetic manner; victims do not always receive assistance that covers their medical expenses and other losses.
What rights have been provided in federal criminal cases by the Justice For All Act?
Receive notice of hearings, attend hearings, consult with the federal prosecutor, gain restitution, avoid unnecessary delays.
What behaviors of victims can invite crime?
Failing to take precautions, taking actions that may provoke or entice, refusing to assist police with investigation.
What were the main assumptions of the classical school?
Criminal behavior is rational, fear of punishment keeps people from committing crimes.
What are the main assumptions of the positivist school?
Criminal behavior is the product of social, biological, and psychological factors.
What were the main elements of Lombroso's theory?
Offenders are born criminals and have traits that mark them.
What is a psychopath?
A person who is unable to control impulses, cannot learn from experience, and does not have normal human emotions.
What is the main assumption of the social structure theory?
Crime is caused by people's negative reactions to social inequality, lack of opportunity, and success of others that does not seem to be attainable in a society that values wealth and status.
What is the main assumption of the social process theory?
Everyone has potential of becoming a criminal, depending on influences such as learning or labeling, which can move one toward or away from crime.
What is the main assumption of social conflict theory?
Criminal law and the CJ system are primarily a means of controlling the poor and the have-nots.
What are potential turning points for criminal careers in life course theory?
Marriage, military service, stable employment are associated with moving away from criminal careers.
What have feminist researchers contributed to theories of female criminality?
The idea that women would commit more crimes as they became more equal to men and achieve greater equality in the workplace and elsewhere in society.
How do the number and trends in arrests compare for male and female arrestees?
Women constitute a small percentage of arrestees for all crimes except larceny/theft, although arrests of women for violent crimes rose recently even as arrests of men declined.
What are the 3 goals of the criminal justice system?
Doing justice, controlling crime, and preventing crime.
What is meant by "doing justice"?
Offenders are held fully accountable for their actions, the rights of people who have contact with the system ail be protected, and like offenses will be treated alike and officials will take into account relevant differences among offenders and offenses.
What are the key features of federalism?
A division of power between a national government and a state government.
What power does that national government have in the area of crime and justice?
Enforcement of federal criminal laws.
What main factor has caused federal involvement in criminal justice to expand?
The expansion of criminal activities across state and national borders.
What is one example of an exchange relationship?
What are the major characteristics of the CJ system?
Discretion, resource dependence, sequential tasks, filtering.
What are the four main duties of police?
Keeping the peace
Apprehending violators and combating crime
Providing social services
What is a dual court system?
A separate judicial system for each state in addition to a national system.
What are the major types of state and federal correctional agencies?
Prisons, jails, probation, parole, community programs
What are the steps of the CJ process?
preliminary hearing/grand jury
What is the purpose of the wedding cake model?
To show that all cases are not treated alike.
What types of cases are found in each layer of the wedding cake?
Layer 1: celebrated cases
Layer 2: Serious felonies committed by repeat offenders
Layer 3: felonies in which crimes and offenders are considered less serious
Layer 4: misdemeanors
What is meant by racial or ethnic disparities in CJ?
That racial and ethnic minorities are subject to the CJ system at a much higher rate than are white majority.
What three alternative explanations are used to account for such disparities?
Minorities commit more crime
CJ system is racist
US society is racist
What is contained in a state's penal code?
Penal codes contain substantive criminal law that defines crimes and also punishments for those crimes.
What is the purpose of the procedural criminal law?
Procedural criminal law specifies the defendant's rights and tells justice system officals how they can investigate and process cases.
How does the common law shape criminal law?
Based on English tradition, judges make decisions relying on the precedents of earlier cases.
What are the forms of written law?
Constitutions, statutes, judicial decisions, and administrative regulations.
What is the difference between a felony and a misdemeanor?
A felony usually involves a potential punishment of a year or more; misdemeanor carries a shorter term of incarceration or alternative corrections.
What types of legal issues arise in civil law cases?
Civil law includes lawsuits, property law, contracts, and other disputed between two private parties.
What are the 7 principles of criminal law?
Legality, actus reus, causation, harm, concurrence, mens rea, and punishment.
What is the difference between murder and manslaughter?
Murder requires malice aforethought while manslaughter involves homicides that are not planned.
What kind of offense has no mens rea requirement?
Strict liability offense
What are the defenses in substantive criminal law?
Entrapment, self-defense, necessity, duress, immaturity, mistake of fact, intoxication, insanity
What are the tests of criminal responsibility used for the insanity defense?
M'Naghten Rule (right/wrong test), Irresistible Impulse test, Durham Rule, Model Penal Code, federal Comprehensive Crime Control Act
What is incorporation?
Taking a right from the Bill of Rights and applying it against state and local officials by making it a component of the due process clause of the 14th amendment.
Before incorporation, what test was used by the Supreme Court to decide which rights applied to the states?
Which SC era most significantly expanded the definitions of constitutional rights for criminal defendants?
What rights are protected by the Fourth Amendment?
Protection against unreasonable search and seizure.
What rights are protected by the 5th amendment?
Right against compelled self incrimination and against double jeopardy, the right to due process.
What are the main CJ rights set forth in the 6th amendment?
The right to counsel, to a speedy and fair trial, to a jury, and to confrontation and compulsory process.
What are the main CJ rights in the 8th amendment?
The right to protection against excessive bail, excessive fines, and cruel and unusual punishment.
Sets with similar terms
Criminal Justice Unit 1
The Criminal Justice System
Criminal Justice Quiz