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ISU CRIM 230 - Exam 1 Study Guide

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CRIM 230 1st EditionExam # 1 Study GuideCHAPTER 1:- Every year, local, state, and federal government spends approximately $228 Billion on the criminal and civil justice systems in the US- The three components of criminal justice systems:1. Corrections2. Courts3. Police- Roles of Prosecutors, Defense Attorneys, and Judges:-Prosecutors: decide which case to prosecute, which cases to plea-bargain, and which cases to try. They may also be influential to setting bail and choosing the sentencing. -Defense Attorneys: Urge their clients to plead guilty based on the assessment that a jury will find the defendant guilty beyond a reasonable doubt. -Judges: The ultimate authority in the court house. Only judges can set bail, instruct jurors about the meaning of the law, and impose sentences. Judges must be responsive to prosecutors and defense attorneys if they want to achieve their principal goal of disposing of cases. - Appeal: Review of the lower court decision by a higher court- Arraignment: The stage of the criminal process where the defendant is formally told the charges and allowed to enter a plea- Arrest: The act of depriving a person of their liberty frequently with taking the arrestee into police custody for a suspected violation of criminal law- Bail: The security (money or bail bond) given as a guarantee that a released prisoner will appear on trial- Charging Decision: Formal criminal charges against the defendant, stating what criminal law was violated- Crime: Any violation of the criminal lawThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Crime-Control Model: Perspective on the criminal justice process based on the proposition that the most important function of criminal justice is the repression of crime, focusing on efficiency as a principle measure- Discovery: Pretrial procedure where parties to a lawsuit ask for and receive info such as testimony, records, or other evidence from one another- Due Process Model: A philosophy of criminal justice based on the assumption that an individual is innocent until proven guilty and has a right to protection from arbitrary power of the state- Felonies: More serious of the two basic types of criminal behavior, usually one or more years in prison- Grand Jury: Group of citizens who decide whether persons accused of crimes should be indicated (true bill) or not (not true bill)- Initial Appearance: Shortly after arrest, the suspect is brought before a judicial official, who informs the person of the reason for the arrest and makes an initial determination if there was a probable cause for the arrest- Misdemeanors: Lesser of the two basic types of crimes, usually punishable by no more than oneyear in jail- Plea Negotiation: The defendant pleas guilty with expectations of receiving some benefit- Sentencing: Punishment imposed on a defendant found guilty of violating the criminal law- Trial: A fact-finding process using the adversarial method before a judge or jury.CHAPTER 2:- Law: Body of rules enacted by public officials in a legitimate manner and backed by the force of the state.1. The 1st Element of Law: Law is a body of rules. Statutes, constitutions, court decisions, and administrative regulations.2. The 2nd Element of Law: Law is enacted by public officials. All organizations have rules & regulations governing their members. Must be recognized by public officials: judges, legislatures, and executives.3. The 3rd Element of Law: Law is enacted in a legislative manner. Must be agreed uponahead of time how the rules will be changed. Legislatures pass the new laws, bureaucrats apply the laws, and judges interpret the laws. 4. The 4th Element of Law: Law is backed by the force of the state. These rules and regulations would be largely meaningless without sanctions.- Common Law: Laws developed by England by judges who made legal decisions in the absence ofwritten law. It is judge-made, uses precedent, and found in multiple sources. - Judge-Made Law: The common-law as developed in form and content by judges or judicial decisions.- Precedent: Case previously decided that serves as a legal guide for the resolution of subsequent cases.- Stare-Decisis: Let the decision stand. Doctrine that principles of law established in earlier judicialdecisions should be accepted as authoritative in similar subsequent cases.- Actus Reas: Guilty Act. Requirement that, for an act to be considered criminal, the individualmust have committed a voluntary act, omission, or state of knowing possession prohibited bycrim law.- Beyond All Doubt: Proof to an absolute certainty is is not required in any phase of the judicialprocess in the US.- Beyond a Reasonable Doubt: Proof that leaves jurors firmly convinced of the defendant’s guilt ina crime.- Clear and Convincing Evidence: More exacting level of proof than preponderance of theevidence, but less demanding than proof beyond a reasonable doubt. This level of proof lesvethe rier-of-fact reasonably satisfied, yet there may still be doubts.- Constitution: Fundamental rules that determines how those who govern are selected, theprocedures how they operate, and limits to their power.- Corpus Delecti: The body, or substance, of a crimes, composed of two elements –the act and thecriminal agency producing it. - Due Process: The principal legal doctrine for limiting arbitrariness of officials; fundamentalfairness insofar as a person should always give notice of any charges brought against them,should be provided a real chance to a legal dispute, and that no law or gov. should be capricious. - Mens Rea: Guilty intent. Refers to the mental state of intent required for a crime.- Preponderance of Evidence: In civil law, the standard of proof required to prevail at trial. To‘win’, the plaintiff must show that the preponderance of the evidence supports their version offacts.- Probable Cause: Standard used to determine whether a crime has been committed and whetherthere is sufficient evidence to believe that person committed the crime.- Procedural Law: Law that outlines the legal processes to be followed in starting, conducting, andfinishing a lawsuit.- Reasonable Suspicion: Reasons a law enforcement officer is able to articulate for beingsuspicious of criminal activity. This level of proof is necessary to conduct a


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