CJ midterm

law written spells out the crime & punishment

1. you have the right to an impartial hearing
2. you have the right to hear the charges against you, and the right to a defense.
You can either plea guilty and get a plea bargain. Or plead not guilty, and the case goes to trial.
3. At trial, the evidence must conform to the rules and procedures that require the prosecution to prove the case against you.
Meaning the burden of proof is on the prosecution

the exercise of government power is regulated by laws that are formulated by legitimate institutions of representative government

Statutes that define types of criminal behavior and penalties

lawful process for creating, enforcing, and implementing criminal law

the state and the accused are represented by equal advocates before a neutral judge and jury

The satate is represented by a judge who has the right to investigate, interrogate, adjudicate, convict, and sanction the accused

to make a formal decision or judgment about a disputed matter

use of inquisitorial systems allowed Monarchies to get rich, because they got to confiscate goods and land from those found guilty

freedom of speech, assembly, religion, press, and petition (A request to the government)

right to bear arms

freedom from housing soldiers

freedom from unreasonable search and seizure

the right to a Grand Jury, freedom from double jeopardy, freedom from self incrimination, right to due process

the right to an attorney, a public trial, a fair and speedy trial, and a jury trial.

any crime punishable by over 1 year in prison

any crime punishable by 2.5 + years in prison

any crime punishable by less than a year in prison

any crime punishable by less than 2.5 years in prison

1. law enforcement
2. courts
3. Corrections

Civil cases are entiled to a jury (allows tot law = civil law)

freedom from cruel and unusual punishment

just because some rights are not listed, does not mean they dont exist

Supremacy clause - federal law goes above any state law

very strict, different set of laws for the military

Rights and practices that exist and are established by law

rights and practices that exist in fact

area of legal authority

the ability to chose between alternatives. discretion frequently becomes discrimination

Article 5, Clause 2 declares the federal law the "law of the land". States can give more rights but not less

Judicial branch ( Interprets the law)
Legislative branch ( Writes the law)
Executive branch (enforces the law)

presumption of innocence. the burden of proof is on the prosecution.

SCOTUS

power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution

Passed to ensure "equal protection of all" 3 clauses:
1 privelleges and immunities
2. due process
3. equal protection clause - cannot treat groups differently. Passed because the southern states would not enforce rights for dreed slaves

prohibits the state from refusing the vote to black people

Wife's legal status as part of the husband's identity as a citizen

cattle. women and children=property

Underenforcement of male violence against women

you can beat your wife with any object narrower than your thumb

is rape

it can be hard to find enough evidence. and people do not want to be on the sex offender registry the rest of their lives

Carnal knowledge of a female, forcibly and against her will

sexual intercourse

verbal, visual, or anything that forces a person to join unwanted sexual contact or attention

positive cooperation in act or lattitude

sexual contact with someone who cannot give consent. a child, sleeping/drunk person, the mentally disabled

laws where intent does not matter. Ex: drunk driving, statutory rape

no prisons, no police, no jails, dismantle the criminal justice system

nonconsensual intercourse where the victim knows the attacker socially. Notoriously difficult to prosecute.

statute of limitations

not a crime until the 1970s due to coverture laws.

protect victim from prior activities being used as evidence in court

Uniform crime reporting system . 18,000 law enforcement agencies provide police arrest data

8 most serious crimes. Violent crimes against persons

21 less serious crimes. Against propert.

(# of crimes reported / total population) x 100,000

arrests made

how many offenses in a 24 hour period

aggravated

National Incident Based Reporting System
- includes all offenses
- expanded data

National Crime Victimization Survey
- victims 12+
- perpetrator and victim reports
- gives us number of underreported crime

senior citizens

young black men (however they fear it the least)

most crimes are misdemeanors and property crimes

Unlawful killing of one human being by another

felonious taking of moneyoods from a person, through force or violence

intentional attempt or threat to injure people physically.

involves weapon or serious injury

nonlethal culmination of assault threat

property crime

trespassing through breaking and entering personalusiness property, with intent to commit crime

theft. taking or carrying away of personal property of another with intent to deprive them of it permanently

willful or malicious burning (or attempt to burn) a dwelling, vehicle, business, or personal property.

Natural, Assault, Suicide, Homicide

established by law & legal proceedings

the act. human conduct rule. a crime is an act or failure to act

incomplete crimes. "attempt to" , "solicitation"

intent. mental state at the time of the crime

criminal liability

conscious desire to commit an act with specific consequences in mind (ex: first degree murder. premeditation)

state of mind inferred from behavior/conduct

unknowingly creating a situation of high risk

knowingly creating a high risk situation (ex: leaving a loaded handgun in a home with a child)

crimes where no intent is required. you incur liability by comitting the crime

its a crime to carry and posess an unregistered firearm. 1 year minimum

Actus Reus and Mens Rea must be present to establish guilt for a crime

Ask, "But for the defendant's actions, would the harm have occurred?"
If the answer is no, then the defendant's actions caused the harm

loss or injury attributed to defendant

reason one commits an act

3 types, all result in the killing of a human being

Permissible under the law. Self-defense, necessity, execution of public duty (military, cops, correctional officers)

grand jury

committed without legal liability or not against the law

Affirmative

put burden of proof on the defendant, to prove the action was not a crime.

always involves malice or premeditation

defendant had intent to kill, and time to reflect before comitting the act

Malicious intent, but not premeditated and reflected upon prior to act

killing with no malice

harm was intentional, but defendant was provoked. Circumstances made them do it

no harm was intended. It happened anyway, person needs to be held accountable

criminal, justifiable, and excusable

1st/2nd degree murder. Also a strict liability statute, because intent does not matter.

would a reasonable person act the same way?

proves defendant wasn't at the scene

yes i did it BUT...
Burden of proof switches to defense to prove legal arguement

50% + of jury agree

public duty - law enforcement, executioner, etc
necesity - to avoid or prevent greater harm (ex: shooting a shooter)
Self defense

1. "reasonableness" - belief your life is in danger
2. presence of imminent danger
3. the harm forced on you was unlawful (Ex: , you can't self-defend against a police officer)
4. Proportionality. Your response must be equal to the threat
5. your action was a last resort

preventative
retaliation

conditions at the time that excuses you from criminal liability under the law

excuse. frowned upon. you saying you didn't know your action was illegal

excuse. Claiming an error honestly created the resulting act

excuse. someone commits a crime because they were forced to do so by a threat of violence

people are responsible for the descisions they make

high level of intoxication diminishes capacity for mens rea

lessen punishment. things like schizophrenia, insanity plea

increase punishment (ex: killing a child or cop)

defendant unknowingly consumed an intoxicant

inducement to commit a crime by law enforcement

defendant under 7 years old is unable to formulate the mens rea required

Unable to know right from wrong, unable to control behavior (Ex: GBI(Builty but Insane), Battered woman syndrome)

Study of crime & effects on crime (Father of the concept is Caesar Beccaria)

Study of the effect of crime on victims

Behaviors that put one at risk of being a victim.
This idea increases victim blaming however, along with Increasing victims' guilt internalization

Bad treatment of a victim by the criminal justice system. Frequently happens to rape victims

Prosecutor (District Attorney)

Crimes of opportunity

- the right for victims to be notified of parole hearings
- victim compensation funds
- witness & advocacy programs (provide info, support, and assistance through the entire trial process)
- Victim impact statements (given directly to the judge pre-sentancing to describe the effects of a crime

being safe and looking for answers

Empathy

ww1 - 25%
ww2 - 50%
US gov invests in the creation of video gams to desensetise kids to violence
Vietnam - 75%

1. What law was broken?
2. Who did it?
3. What's the punishment?

1 (harm) : Who or what was harmed
2(Obligations) What is needed for repair?
3(Promoting participation) Who is responsible to provide repair?

turning trauma in on oneself. depression, anxiety

turning trauma outward. gang activity, agressive behavior

requires guilty verdict from defendant to do mediation circles and whatnot.