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CRJU-314
Test 4
47
Criminal Justice
Undergraduate 3
04/18/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
Perjury
Definition
Willfully in corruptly making a false oath, about a material fact (important fact) and a processing or sworn testimony was given. (Conflicting sworn Testimony may not be perjury.)
Term
Subornation of perjury
Definition
Make someone commit perjury.
Term
Bribery
Definition
A gift is offered, to a public official with the intent to influence an act or decision, within the person power. ( If you offer a public official to do something that not in their power, it’s not bribery)
Term
Obstructions of Justice
Definition
Interference with law enforcement while making an arrest or serving process (handing out sapenas).
Term
Intimidation of court officials
Definition
using threats or force to intimidate a judge, witness or jury or any court official from the discharge of their duties.
Term
Compounding a crime
Definition
If a person knows of a crime and take any money or reward to agree not to prosecute a crime. (Ex. You own a store and kid shoplifting and parents come over and buy the jeans, and give the kids the jeans and let him go.)
Term
Aiding or Permitting escapes
Definition
aiding or permitting a prisoner, to escape from lawful custody (doesn’t need to escape to get charged)
Term
Slander
Definition
oral
Term
Libel
Definition
written
Term
False and Defamatory statements made from another
Definition
(they defame you)
Term
Publication of that statement, with a bad intent
Definition
(Someone else hear it)
Term
The person reputation is injured
Definition
(people heard it and believed it)
Term
Categories you might say about someone to slander/libel someone
Definition
Statements which holds someone to public hatred or ridicule, Statements that implies dishonest or insanity or intoxication, and Statements that implies immorality
Term
Placing Burning Flags or Crosses
Definition
In SC you cannot place a burring flag or cross on someone else’s land or in public unless you have permission. (Put on books to slow down KKK, but burring a flag is consider a right to free speech)
Term
Wearing a Mask
Definition
o Person over age 16 can’t wear a mask on street or public property, wearing a mask that hides his Identity. (Exception: Traditional Holiday Costume, Mask that are Needed for employment, Masquerade Ball, Gas Mask. SC statutory)
Term
Resisting unlawful arrest
Definition
o If the arrest is unlawful, the suspect can resist with reasonable force, even to the point of killing the Cop!! (They don’t have the right to touch you if they don’t have probably cause.)
Term
Misprision of a Felony
Definition
o The defendant did not stop a felony or neglect to report it (You have the ability to stop it and don’t or you know what’s going on and you don’t say anything.)
Term
Crimes of moral turpitude -
Definition
They are based and vale and depraved acts that violate social duties between people. (If we live in sociality around each other than there are some duties that we extent to each other and that we meet these duties with each other, that which you commit a crime, it will violate this sense of duty to each other. Ex. Cheating, dishonesty.)
o If you are convicted of this crime, and you was called as a witness, they will use it to impeach you ( can’t be a cop, EMT, can’t get a permit to move waste)
o Ex. Fraud Checks, Possession of Weed to sell, Possession of Cocaine, Peep and Tom, Arson, CSC (Criminal Sexually Conduct), Forgery and Larceny.
Term
Sex offender registry
Definition
o If you get convicted of a sex crime in South Carolina, you must register with the county sheriff where you live or where you own real state or where you work or you go to school.
o Has to register within 24 hours of getting the sentence or being released from prison.
o You have to reregister twice a year for life. (Every 6 months)
o If you move, you have to reregister within 3 days of it occurring.
o If you are convicted of a sex crime outside of the state, you have to register within 3 days of entering the state.
o Can’t stay in Student housing
Term
Felonies vs. Misdemeanor
Definition
o In SC Felonies carry 5 years or more
o In SC Mistermeaner carry 3 years or less
Term
List of Violent Crimes
Definition
o Murder
o Kidnapping
o Criminal Sex Conduct
o Armed Robbery
o Burglary ( 1st degree)
o Trafficking
Have to do 85% of the time; if it’s not an 85% crime, then you have to do a 1/3 before you are able to get parole. (Parole hearing comes up every two years)
When you get your 3rd violent crime, its life without parole.
Term
Non-Violence Crimes (anything that’s not listed)
Definition
o You will max out your sentence at 60 % of sentence. You have to do 25% before your ready for parole.
o Your parole hearing come up every year.
Term
Strike two laws
Definition
If you are convicted of two most serious offenses, its life without parole. ( Murder, Manslayer, Criminal Sexually Conduct, Kidnapping, Arson (1st degree), Burglary (1st degree), Armed Robbery, Car Jacking, Gathering Information for the Enemy of the state)
Term
Strike three Laws
Definition
If you are convicted of three serious offenses (the solicitor has discretion to grant life without parole. You had to be convicted not just alleged). Burglary (2nd degree), Felony DUI, PWID in a half mile of the school area, Theft from a person using an ATM
Term
Prison Credits
Definition
If you get credits while in prison, it may reduce the time you serve in prison.
Term
Good time credits
Definition
For Parole offenses)
o For every 30 days you serve in prison you get accredited for another 20 days. ( no bad action, and they can be taken away)
o (Non-Parole offenses) – You get 3 days of credit for every 30 days you serve. (But Murders don’t get good time credit).
Term
Work Credits
Definition
o You get a job, you get credited 1 day for every 2 days that you work (once you get these they are yours to keep)
o Non- parole offense cannot get work credits
Term
Education Credits (Only for GED)
Definition
o Every 2 days that you serve you get a 1 day credit.
o Non-parole offense, you can only get up to 6 days a month others can get up to 15 days.
o Education credits are not available to violent criminals. (different from Non-parole criminal)
Term
Parties to a crime
Definition
sometimes one person does a crime and sometimes more than one.
Term
o Principals –
Definition
These are the people that do the crime or helping you care it out or a person who is construction present, but somehow they help you care it out (ex. The getaway driver, he’s also an accomplice and they have to know what they are doing.)
Term
o “The Hand of One is the Hand of All”
Definition
SC Saying that means, If you helping them carryout the crime then you are just as guilty. (You are consider an Accomplice if you have a duty to stop a crime and don’t ex. Like a store cop)
Term
o Accessory
Definition
– Somehow helps, but did not commit it.
Term
Accessory before the fact
Definition
like selling a gun to someone
Term
Accessory after the fact -
Definition
husband comes home after killing some chick and you go and wash his cloths.
Term
English Common Law -
Definition
SC had a repressive criminal justice system, very harsh “Believe like we believe or DIE”.
o Deny the true God (the died)
o Fornication, you had to marry that person.
o Excess drinking, you got whipped in public.
o Blastulae – 3 years in prison
o Bastardy – giving birth to a bastard child, Woman Got a public whipping of 39 lashes and man 31 lashes
Term
First Penitentiary was built where?
Definition
Pennsylvania - It gets its name from being penitent, all cell were solitaire and once you where there long enough you will become penitent and turn your life around.
Term
Fine
Definition
o Money payed to the court (speed tickets)
Term
No debt Prison in SC
Definition
o The judge will get jail time instead of a fine.
Term
Forfeiter
Definition
o Your property can be taken and giving to the Government (could be because it was used in a criminal act or property that came about from criminal activity)
Term
Innocent Owner status
Definition
If she can prove that she is an Innocent Owner, then she might get the car back.
Term
Restitution
Definition
o Money payed to the victims/ or pay medicates/property (can get probation instead of prison)
Term
Public service work
Definition
o Require you to work for free
Term
Weekend Time
Definition
o You can get 60 days in jail and only have to serve it on the weekend.( most people that get this is people that have a job they can’t miss)
Term
Youth offender act (YOA)
Definition
under 21 but being prosecuted as an adult, you can be sentence to a YOA. (1 -6 years for offense.)
o Can only be used once
o They will treat you as a Youth offender
o If you are convicted for more than one crime at a time, then you will be worry about them combining the sentences (If the sentences run concurrent then you will only have to serve the highest one. If they run them consecutive, then you have to do them all.)
Term
Capital Punishment
Definition
o At common law, All felonies got the death penalty
o In SC murder was consider as a capital case or Criminal Sexually Conduct with a minor (1st degree) 2nd offense you can get the death penalty for.
o In SC they give you the Electric chair or lethal injection (if you don’t choose you will get lethal injection.)
o In Federal statutory, Treason and murder are consider capital punishment
Term
Death Penalty Trail
Definition
Two parts to them.
o Guilt Phase – Determine if you committed a certain crime that qualifies for the death penalty. (They might find you guilt of a certain crime but it doesn’t qualify for the death penalty they can find something else to get you for.)
o Sentences Phase – Similarly to the guilty phase because you are going to put witnesses up on the stand and they are going to testify but only what they are testify about now is whether the defended should get the death penalty or not, also a lot of evidence is allow in the sentencing phase that is not allowed in the guilt phase. Then the juries recommend life without parole or the Death.
Term
Things that make it a Death penalty (In an aggraded nature)(statutory)
Definition
o Murder while committing a rape (doesn’t have to be murder during the actually rape)
o Murder committed while there’s a kidnapping
o Burglary
o Armed Robbery
o Killing by poison
o Trafficking
o Torcher of the victim
o If killer had a prior murder conviction
o A hired killing (HITMAN!)lol
o If the person who was killed was part of the CRJU system somehow.(except for Defense attorney)
o If you kill a kid under the age of 12
o If you kill too or more victims.
o Kill a witness in a case
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