What are the four key themes of criminal justice? |
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Individual Rights vs Public Safety
Public Expectations vs How System
Operates
Role of Actors, Their Discretion,
Effects of this Discretion
Factual Guilt vs Legal Guilt
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What is discretion? |
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A system in Europe that doesn't use discretion is.... |
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Principle of Legality |
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What is the difference between factual and legal guilt? |
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Factual guilt is whether or not someone actually committed a crime and legal guilt is whether or not they can provide enough evidence to prove that they actually committed the crime. |
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What is civil law? |
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What is criminal law? |
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What are the percents of reasonable doubt for civil and criminal law? |
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Civil Law - 50% Criminal Law - 90% |
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Why can a person be tried in both criminal and civil courts for the same crime? |
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Federalism |
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What are the sources of law? |
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Constitutions, case law, and statutes |
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What are the traditional goals of "doing justice"? |
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What must the law balance when it comes to moral dilemmas? |
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Utility and values (can't say non liquet - It's not clear because the state has a duty to solve these problems) |
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What is a legal system |
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What are the two approaches to crime and how are they different? |
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Reaction -
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What are the thirteen stages of Decision Making? |
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Investigation
Arrest
Booking
Charging
Initial Appearance
Preliminary Hearing/Grand Jury
Indictment/Information
Arraignment
Trial
Sentencing
Appeal
Correction
Release
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What is the Crime Control Model? |
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A model that values the repression of criminal conduct, focus on factual guilt, focus more on investigations and not as much on the rest. |
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What is the Due Process Model? |
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A model that focuses more on individual rights, freedoms, and liberties, focus more on legal side to make sure people's right's aren't violated, more of an obstacle course, focus more on legal guilt. |
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When does a crime occur? |
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A crime occurs when a person either acts, fails to act, attempts to
act, or agrees to act in a way that is in violation of a criminal
law, without a defense or justification.
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What is substantive criminal law? |
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Definition of the behavior a law prohibits (Tells what is a crime and
what isn't) |
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What is procedural criminal law? |
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Rules governing how officials (police, courts, corrections) oversee
criminal law (Tells officials how to regulate proceedings) |
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What is the difference between delicta mala in se and delicte mala prohibita? |
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Mala in se -
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What is natural law? |
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What are felonies, misdemeanors, and infractions? |
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Felonies: Crime punishable by death or imprisonment in excess of one
year
Misdemeanors: Punishable by one year or less of imprisonment
Infractions (citations): quasi-criminal, violation of a rule or
local ordinance (no jail but maybe a fine)
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What are the characteristics of criminal law? |
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Politicality, specificity, uniformity, penal sanction/intervention |
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What is politicality? |
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What is specificity? |
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What is uniformity? |
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What is penal sanction/ Intervention? |
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What are the elements of a crime? |
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Act with concurrence of mens rea that causes harm |
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What is Actus Reus? |
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Human conduct - speech, attempt, conspiracy, Failure to act can be conduct, Voluntariness |
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What is mens rea? |
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What are the four levels of mens rea? |
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Purposeful (intentional)
Knowing (stress on knowing act will have effect, less on purpose)
Reckless (increasing risk of harm, but do it anyways)
Negligent (should have known better)
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What is strict liability? |
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Intent/Mens rea does not need to be proven
Stress is just on the act – not intent
Occupational crimes
Statutory rape – the act itself
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_____ and _______ must occur at the same time to have concurrence? |
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Act and State of Mind |
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What are the most common defenses and what are their definitions? |
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Alibi (somewhere else), affirmative defense (did the crime but it was justified), burden of proof (State has to prove that they did it) |
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What are the different types of justification? |
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Self-defense, battered woman syndrome, entrapment, necessity, duress |
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What are the four reasons that kids can use immaturity as a defense and shouldn't be tried as adults? |
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They are under significant peer influence, their risk
perception is not matured, they don't have a sense of future
orientation (can't see what their actions now will have on their
future), they have a very low frustration tolerance, they don't have
the capacity for self management
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