CJ Exam Copy pdf - Notes to study for the first Criminal Justice Exam. Important information is PDF

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Notes to study for the first Criminal Justice Exam. Important information is highlighted. ...

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Criminal Justice Exam #1 Study Guide Criminal Justice Process(1) •

Investigation, Arrest, Booking, Initial Appearance, Preliminary Hearing, Grand Jury/Info, Arraignment, Trial, Sentencing, Appeals, Sanction, Release !

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Investigation: Proactive law enforcement is looking for clues. Reactive law enforcement: call 911, flagging for help. Police become aware of a law violation.!

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Arrest: Taking into physical custody. Under 18 is a delinquent act. Miranda v Arizona.!

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Booking: Fingerprints, taking mugshots !

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Initial Appearance: occurs within 24 hrs of arrest. Charges are read. Attorney is appointed if one does not have one. Opportunity for bail may be provided. Bail ensures one will appear in court. !

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Preliminary Hearing: before a judicial officer. Whether crime was commited. Reasonable grounds. Within territorial jurisdiction. !

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Grand Jury/ Info: Must prove there is probable cause. If crime is proven, indictment is issued. !

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Arraignment: Enter plea. If plea is not guilty, move to trial. !

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Trial: “Beyond Reasonable Doubt”. Judgement of conviction. !

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Sentencing: Fine, Probation, Prison, Community Centers. Consecutive: one after another. Concurrently: served one at a time. !

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Appeals: formal change to a decision. Question the court’s decisons. !

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Sanction: probation (jail), parole (prison) !

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Release: completing sanctions, being pardoned, or appealed conviction !

Criminal Justice Models (2)

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Consensus Model: cooperation between components of system !

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Conflict Model: components of Criminal Justice system are self serving and compete for resources !

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Due Process Model: To protect innocent; designed to present formidable impediments.Obstacle course justice. Must not violate individual rights. !

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Crime Control Model: attention paid to efficiency which operates to screen suspects. Assembly Line Justice. !

Criminology vs Criminal Justice(3)

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Criminology is Crime. Criminal Justice is the Justice Process.!

History of Criminal Justice(4)**

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Modern emergence of the field is traced back to President Johnson!

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Commission of Law Enforcement and Administration of Justice!

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Seminal Report, The Challenge of Crime in a Free Society !

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Creation of research units in Criminal Justice Agencies !

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Funds to develop Criminal Justice research !

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Institutes across US!

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Expansion of Criminal Justice programs in institutions !

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Law Enforcement Assistance Administration!

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Created as part of the Omnibus Crime Control and Safe Streets Act of 1968!

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300 million dollars given to higher education institutions !

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Criminal Justice has gone through various stages !

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“Cop Shop”!

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Professionalism of Criminal Justice practices!

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Development of new careers!

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Education of students in Criminal Justice area !

Legal Definitions(5)

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Crime: Violation in the criminal law of a state; the federal government; local jurisdiction; there is no legally accepted justification. Punishable.!

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Summary Offense: Minor offense that justice system is able to handle fairly easily. Are not technically illegal. Ex: speeding, loitering.!

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Actus Reus: Guilty act. Thoughts alone are not sufficient.!

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Mens Rea: Guilty mind. Intend to commit a crime.!

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Corpus Delecti: study of law; science of law. Latin for “body of the crime”. Crime must be proven to have occurred before a person can be convicted.!

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Strict Liability: A guilty mind is not required. Purpose: protect public. Ex: traffic laws, narcotics laws, health and safety regulations. Also called absolute liability offenses.!

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Mala in Se: Bad in nature (rape,murder)!

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Male Prohibita: Criminal at times or cultures (parking violations)!

Types of Crime Data(6)

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UCR(Uniform Crime Reports): Data collected by the FBI. 16,000 police agencies provide data. Only crimes known to police. Law enforcement agencies submit reports voluntarily. Contains crime index.!

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NIBRS(National Incident Based Reporting System): Incident driven, rather than summary based. Includes place of occurrence. Nature of complaint disposition. Replaces old Part I and Part II offenses.!

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NCVS(National Crime Victimization Survey): Based on self victim reports. Designed to measure “dark figure” of crime. Uses data collected by the Bureau of Justice.!

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Crime Index= crimes/100,000 population!

Crime Patterns(7)

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Race/ethnicity, time, region, and age factors!

Legal Defenses(8)

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Alibi: a statement by an individual charged w/ crime that he/she was distant when the crime was committed!

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Justifications: defendant commits that he/she committed the offense, however believes should not be held criminally responsible because of legal justification.!

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Necessity: when the purpose of the action is to prevent greater harm. Consent: if harm comes to an individual after he/she agreed to participate. Resisting unlawful arrest: a person has the right to resist arrest if unlawful.!

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Excuses:!

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Duress- unlawful threat that induces a person to act in an abnormal way. !

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Age- children under 7 are not able to reason. !

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Mistake; Mistake of Law- ignorance of the law is no excuse. Mistake of factunderstanding of facts is incorrect. !

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Involuntary Intoxication- drugs/ alcohol. May be “tricked”. !

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Unconsciousness- can’t be held responsible. !

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Provocation- minor offenses. Child kills her father after claiming yields of abuse.!

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Insanity: M’Naughten Rule: not guilty if at the time of event did not know what they were doing. !

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Irresistible impulse: knows what is wrong but can not help themselves .!

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Durhan Rule: not responsible for illegal action if mental illness/defect was result. !

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Brawner rule: jury decides if defendant is held responsible. !

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Guility but insane: “guility but mentally unfit”, 11 states, found mentally ill at time of offense, not legally insane at time of crime.!

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Procedural: !

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Entrapment !

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Double jeopardy !

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Selective prosecution !

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Fraud !

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Collateral estoppel !

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Denial of speedy trial !

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Police fraud !

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Prosecutorial misconduct !

Crime Typologies, Clear Rates, Report Rates(9)

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Crime Typologies:!

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Clearance Rates: number of crimes reported to the number of crimes solved through arrest !

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Report Rates:!

Criminal Justice Amendments

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4th Amendment: unreasonable search and seizure. !

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Exclusionary Rule(4th): prohibits the use of items obtained as a result of unreasonable search and seizure as evidence against defendant.!

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5th Amendment: Double jeopardy. Forced self incrimination. !

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6th Amendment: Right to jury trial. Speedy Trial. Right to attorney. Public Trial. Right to confront witnesses.!

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14th Amendment: Equal process of law to citizens. Due process clause.!

Levels of Intent

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General Intent: intent to commit a crime without specific consequences!

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Specific Intent: commission of act with intended consequences!

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Transferred Intent: culpability for contribution to a crime !

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Criminal Intent: conscious decision someone makes to engage in an unlawful act!

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Purposeful: specific intent (murder). Knowing: risk of harm is high from action (manslaughter). Reckless: lower level of risk than knowing, but still harmful (bullet ricochet) (Involuntary Manslaughter). Negligent: is not aware of risk.!

Types of Law

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Common Law: Unwritten body of early judicial. Opinion developed by English courts. Originated from usage and custom. US Constitution. Final authorization pertaining to individual rights.!

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Criminal Law: Injures society as a whole. Committed against society.!

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Civil Law: governs relationship between parties. Plantiff, violation is a tort. !

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Administration Law: rulings by government agencies. Authorization to make rules.!

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Case Law: serves as a guide to decision making. Body of judicial precedent that is built upon legal reasoning.!

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Procedural Law: Body of rules that regulate processing of an offender by criminal justice system. General rules of evidence, search and seizure!

Types of offenses

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Felonies: Serious crime punishable by year or more in prison/ or by death penalty.!

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Misdemeanors: Limited to one year or less in jail. Pay a fine; probation. !

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Inchoate Offenses: Consists of action or conduct that is a step toward intended commission. (Aiding and Abetting)!

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Stare Decisis: requires in subsequent cases on similar issues of law, courts be bond by their own earlier decisions.!

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Dark figure of crime: the amount of unreported or undiscovered crime.!...