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18th century social philosopher, argued against the use of torture & capital punishment |
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The “wedding cake” model of justice
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· Divides crimes into levels of seriousness and notoriety of the crime
1. Level I
· Includes celebrated cases
2. Level II
· Includes serious felonies
3. Level III
· Includes less serious felonies
4. Level IV
· Includes misdemeanors
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Definition
society formally controls, manages, and directs human behavior;
main components: law enforcement, courts, corrections
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branches of government and functions |
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legislative: creates/enacts the law
executive: enforces the law, day to day operations of justice agencies; Pres. is head
judicial: interprets the law; makes common law through judicial decisions (stare decisis) |
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formal criminal justice process |
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Definition
1. Initial contact
2. Investigation
3. Arrest
4. Custody
5. Charging
6. Preliminary hearing/grand jury
7. Arraignment
8. Bail/detention
9. Plea bargaining
10. Trial/adjudication
11. Sentencing/disposition
12. Appeal/postconviction remedies
13. Correctional treatment
14. Release
15. Postrelease
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police officer role in CJ system |
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Definition
gatekeeper:
1. initial contact
2. investigation
3. arrest
4. custody |
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Definition
A legal arrest occurs when:
- The officer has probable cause
- The officer deprives an individual of their freedom
- The suspect has lost the liberty to voluntarily leave
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An arrest can be made when |
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Definition
- An officer witnesses a crime
- An officer has probable cause based on the statement of another individual
- An arrest warrant has been issued
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court order empowering police to arrest and bring the named person before the court; based on probable cause |
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the decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy
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Formal charges are read, the defendant is informed of constitutional rights, initial plea is entered, a trial date is set, and bail issues are addressed.
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crime control perspective |
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Definition
a model of criminal justice that emphasizes the control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime
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the steps the offender takes from initial investigation, through trial, sentencing, and appeal |
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a model of criminal justice that emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings |
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a police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. To make an arrest for a crime he did not witness, the officer must obtain a warrant |
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the core of the justice perspective is that all people should receive the same treatment under the law as any effort to distinguish between criminal offenders will create a sense of unfairness that can interfere with readjustment to society. |
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nonintervention perspective
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a model of criminal justice that favors the least-intrusive treatment possible: decarceration, diversion, and decriminalization |
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rehabilitation perspective
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a model of criminal justice that sees crime as an expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyle through conventional endeavors |
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an ideology holding that women suffer oppression, discrimination, and disadvantage as a result of their sex. Calls for gender equality in pay, opportunity, child care, and education |
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delinquents arrested five or more times before the age of eighteen who commit a disproportionate amount of all criminal offenses |
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a research approach that questions large groups of subjects, typically high school students, about their own participation in delinquent or criminal acts |
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sentencing codes that require that an offender receive a life sentence after conviction for a third felony. |
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behaviors considered illegal because they run counter to existing moral standards |
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crime control policy that depends on the fear of criminal penalties; (long prison sentences for violent crimes) aimed at convincing the potential law violator that the pains associated wit the crime outweigh the benefits |
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crime is a rational choice based on free will; in order to deter crime, punishment must be swift, certain and severe |
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punishment severe enough to convince convicted offenders never to repeat their criminal activity
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the view that crime results from the imposition by the rich and powerful of their own moral standards and economic interests on the rest of society |
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a view that human behavior is controlled by a master trait, present at birth or soon after, which influences and directs behavior |
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the view that human behavior is learned through observation of human social interactions, either directly from those in close proximity or indirectly from the media |
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reflects the idea that the emotional turmoil and conflict when people believe they cannot achieve their desires and goals through legitimate means causes unproductive behavior |
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the role of the victim in provoking or encouraging criminal behavior
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There are aspects of a person’s lifestyle that may increases their risk of victimization. |
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an illegal act, or failure to act when legally required |
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the body of rules that defines crimes, sets out their punishments, and mandates the procedures for carrying out the criminal justice process
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liability that can occur when a person's careless and inattentive actions cause harm
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a law that makes an act criminal after it was committed or retroactively increases the penalty for a crime |
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a defense in which a person states that his or her mental state was so impaired that he or she lacked the capacity to form sufficient intent to be held criminally responsible |
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a defense for a criminal act claiming that the criminal act was reasonable or necessary under the circumstances
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in common law, offenses that are from their own nature evil, immoral, and wrong. Mala in se offenses include murder, theft, and arson |
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a guilty mind. The intent to commit a criminal act |
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those laws that set out the basic rules of practice in the criminal justice system. |
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a criminal violation—usually one that endangers the public welfare—that is defined by the act itself, irrespective of intent
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to stand by decided cases. The legal principle by which the decision or holding in an earlier case becomes the standard by which subsequent similar cases are judged |
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a body of specific rules that declare what conduct is criminal and prescribe the punishment to be imposed for such conduct |
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the choice of a person who is aware, or should be aware, of the potentially harmful consequences of his behavior, to engage in the behavior, regardless of the regardless of the risk to others |
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Freedom of: religion, speech, press, assembly, petition the gov't for redress of grievances
Be able to apply it! |
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Right to be free from the obligation to house soldiers in wartime or peace time. |
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Freedom from UNREASONABLE search & seizures; no warrant without probable cause.
Be able to apply it. |
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Freedom from:
double jeopardy;
the obligation to be a witness against oneself;
capital punishment except in cases of infamous crimes;
the taking of private property without just compensation; and
deprivation of life, liberty or property without due process of law
Be able to apply it! Hint: We just read a case in class that was partially based on this Amendment! |
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Definition
Right to:
speedy trial;
impartial jury;
informed of the charges;
confront witness against you;
to have witness in your favor; and
assistance of Counsel for your defense. |
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Any controversy in excess of $20, may have a trial by jury |
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No excessive bail or excessive fines;
no cruel or unusual punishments. |
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Any right not specifically named in the Constitution is preserved |
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Any power not specifically given to the federal govt is given to the state govt |
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illegal behavior that targets the security of computer systems and/or the data accessed and processed by computer networks |
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an attack against an enemy nation’s technological infrastructure |
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Department of Homeland Security (DHS)-
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federal agency responsible for preventing terrorist attacks within the United States, reducing America’s vulnerability to terrorism, and minimizing the damage and recovering from attacks that do occur |
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slang for the processes used to acquire personal information used for identity theft and other fraudulent activities |
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premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents |
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the law designed to grant new powers to domestic law enforcement and international intelligence agencies in an effort to fight terrorism; some say it violates First Amendment Rights;
passed Oct, 26, 2001 |
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uses criminal and violent acts to influence an audience beyond the immediate target |
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irregular military band located in rural areas that attack military, policy and govt target |
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use violence to frighten those in power and their supporters; goal is to replace existing govt with regime that holds acceptable views |
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promote interests of a minority group that believes it has been persecuted under majority rule and wants to carve out its own homeland |
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fight for a cause with people anywhere whose ideology or religion they find objectionable |
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type of cybervandalism that seems to be a benign, or harmless application but actually contains codes that can ruin system operations |
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type of cybercrime where small amounts of money are subtracted from customers' accounts and added to the account of the thief |
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cyberterrorism involving hacking secure computer networks at the enemy's most sensitive military bases, defense contractors and aerospace companies to steal important data or access their defenses |
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