Criminal Justice

Criminal Justice

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Side ASide B
What are the four key themes of criminal justice?
  1. Individual Rights vs Public Safety
  2. Public Expectations vs How System Operates
  3. Role...
What is discretion?
  • Discretion refers to the authority of an actor in the criminal justice system...
A system in Europe that doesn't use discretion is....
Principle of Legality
What is the difference between factual and legal guilt?
Factual guilt is whether or not someone actually committed a crime and legal guilt is whether...
What is civil law?
  • A form of private law because it governs the relationships between...
What is criminal law?
  • A form of public law designed to prevent or enforce certain types...
What are the percents of reasonable doubt for civil and criminal law?
Civil Law - 50%Criminal Law - 90%
Why can a person be tried in both criminal and civil courts for the same crime?
  • The prohibition against double jeopardy applies only to criminal...
  •  What is a system of government in which power is divided between a central (national)...
What are the sources of law?
Constitutions, case law, and statutes
What are the traditional goals of "doing justice"?
  • Rights of Person
  • Like offenses treated alike
  • System...
What must the law balance when it comes to moral dilemmas?
Utility and values (can't say non liquet - It's not clear because the state has a duty to solve...
What is a legal system
  • Operating set of interdependent institutions, procedures and laws/rules...
What are the two approaches to crime and how are they different?
Reaction -
What are the thirteen stages of Decision Making?
  1. Investigation
  2. Arrest
  3. Booking
  4. Charging
  5. Initial...
What is the Crime Control Model?
A model that values the repression of criminal conduct, focus on factual guilt, focus more...
What is the Due Process Model?
A model that focuses more on individual rights, freedoms, and liberties, focus more on legal...
When does a crime occur?
  • A crime occurs when a person either acts, fails to act, attempts to act,...
What is substantive criminal law?
Definition of the behavior a law prohibits (Tells what is a crime and what isn't)
What is procedural criminal law?
Rules governing how officials (police, courts, corrections) oversee criminal law...
What is the difference between delicta mala in se and delicte mala prohibita?
Mala in se -
What is natural law?
  • Fundamental laws that are wrong in every society
  • Natural law...
What are felonies, misdemeanors, and infractions?
  • Felonies: Crime punishable by death or imprisonment in excess of one year
  • Misdemeanors:...
What are the characteristics of criminal law?
Politicality, specificity, uniformity, penal sanction/intervention
What is politicality?
  • Only rules made by the state of federal governments are crimes
What is specificity?
  • Everybody needs to know what he/she must not do
  • Law has to...
What is uniformity?
  • Evenhanded justice without respect to persons and their social status
What is penal sanction/ Intervention?
  • Law without punishment is impotent (lex imperfecta)
What are the elements of a crime?
Act with concurrence of mens rea that causes harm
What is Actus Reus?
Human conduct - speech, attempt, conspiracy, Failure to act can be conduct, Voluntariness
What is mens rea?
  • State of mind, blameworthiness, “guilty mind”, Intent to kill – not...
What are the four levels of mens rea?
  • Purposeful (intentional)
  • Knowing (stress on knowing act will...
What is strict liability?
  • Intent/Mens rea does not need to be proven
  • Stress is just...
_____ and _______ must occur at the same time to have concurrence?
Act and State of Mind
What are the most common defenses and what are their definitions?
Alibi (somewhere else), affirmative defense (did the crime but it was justified), burden of...
What are the different types of justification?
Self-defense, battered woman syndrome, entrapment, necessity, duress
What are the four reasons that kids can use immaturity as a defense and shouldn't be tried...
  • They are under significant peer influence, their risk perception...

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