Final Exam 120 questions 18 12 2012 16 44 00 DEFINITIONS regional gov t Federalism separation of powers between a central and periphery or Hierarchy rule offenders are only charged w most serious offense committed if crime spree occurs Inchoate offense the intent plan to commit a crime never happens Concurrence mens rea actus reus must be present at same time Curtilage Indigent poor person Ex post facto Civil laws can be applied ex post facto or after the fact and criminal laws CANNOT Panopticon idea of man in tower w gun at prisons he can see out but inmates can t see in This idea alone would keep order by Jeremy Bentham Probable Cause harder to prove an amount of reliable information indication that criminal activity is more likely than not o Affidavit o Totality of circumstances smell sight things that are visible VS Reasonable suspicion articulable facts to necessitate further investigation that criminal activity is more likely than not Restitution Search seizure o How to determine reasonableness search action that intrudes on reasonable expectations of privacy seizure deprivation of liberty or property Geriatric Prison Prison for elderly Juvenile Under 21 NOT 18 o 1st convicted juvenile 16 yo o In mid 90s cid 224 juveniles seem as super predators o 3 ways a juvenile waiver can send to adult court 1 Judicial waiver cid 224 judge has ultimate decision when juvenile court judge has authority to waive juvenile court jurisdiction and transfer the case to adult criminal court 2 Statuatory exclusion cid 224 3 Direct file cid 224 prosecutor makes decision legislature makes decision when the prosecutor has discretion to file the case in juvenile or adult criminal court Reentry A convict being reentered into society Clearance rate rate of criminal cases considered closed when suspect is arrested and charges are filed Recidivism re offense o Can be measured by basically anything ITIN illegal immigrants do pay taxes cid 224 a number that allows for illegal foreign nationals to pay income taxes Types of foreign nationals o Immigrants someone who has legal permanent residency status and can eventually become a US citizen o Non immigrants someone who has a temp visa work school o Illegal immigrant HAD permanent residency but have committed tourism a crime of moral turpitude o Illegal non immigrant someone who overstays a visa o Undocumented immigrant someone who crosses the border w o permission parens patriae o State acts as parent of juvenile Police are reactive force What works Do boot camps work scared straight does NOT work THEORIES OF PUNISHMENT 4 goals o Retribution eye for an eye o Deterrence certainty severity swiftness o Incapacitation physically keeping someone from committing crime o Rehabilitation Attempting to restore Restorative justice a 3 way approach that involves offender victim and community THEORIES Classical School of Criminology o 3 elements of deterrence Swiftness certainty severity o main proponent Beccaria Positivist School of Criminology o Difference from Classical School cid 224 importance of free will o Criminal behavior can be determined by any combination of biological psychological sociological Strain Theory Differential Association Theory HOT SPOTS preventative directed patrol Diffusion of benefits reduction in crime in larger area not just next door o 3 5 of places responsible for 50 of crime Stable over time Percentages Focus of Prior focus Theory Anti terrorism innovations Displaces it 3 GOALS OF CCJS 1 doing justice 2 controlling crime 3 preventing crime Flow Chart of Decision Making pg 17 19 Arraignment guilty or not guilty Defendant goes before judge during which times o When bail is set pretrial notions are made appeals are filed PERCENTAGES of misdemeanor cases 90 Recidivism rate 70 of cases heard by Supreme Court 1 female incarcerated population 7 undocumented immigrants that use a smuggler 90 illegal foreign national population came w o any type of documentation 60 violent 30 property 30 drug 30 DUE PROCESS V CRIME CONTROL MODELS Crime control model of the administration of justice that emphasizes speed efficiency and finality Due Process primarily concerned w protecting rights of defendant Juvenile courts Elements of UCR Hierarchy Rule most serious crime committed is the one to be reported Dark Figure of Crime Weaknesses not likely to report a crime by someone you know o In relation to Criminal Law cid 224 o In relation to Civil Law cid 224 cannot be applied can be applied Elements of NCVS Weaknesses Ex post facto Definition Age Restrictions age limit 12 7 principles of criminal law problems w mandatory minimums Exclusionary rule exceptions Roles of legal actors Concurrence actus reus and mans rea Amendments First 4th bars against illegal search seizure 5th protects against self incrimination and double jeopardy right to 8th protects against excessive bail excessive fines and cruel unusual silence Sixth punishment 14th Due Process Clause o Applies to everyone o Applies to non US citizens 14th 15th directly reference procedural criminal law Cases Gideon v Wainwright 1963 Provided defendant w right to an attorney for crimes carrying jail time Furman v Georgia 1972 put stop to death penalty the death penalty as administered constitutes cruel and unusual punishment o Furman v GA resulted in temporary moratorium of death penalty Chimel v California 1969 warrantless search of immediate vicinity of across US lawfully arrested person Mapp v Ohio Exclusionary rule evidence found through improper search seizures excluded from use at trial o 2 cases exceptions US v Leon Good Faith Exception Nix v Williams Inevitable discovery rule o Mapp v Ohio provided that evidence through improper searches or seizes should be excluded from use at trial Miranda v Arizona 1966 right to remain silent o Miranda rights o right to remain silent anything you say can and will be used against you in a court of law you have right to lawyer if you cannot afford one will be provided for you Gregg v Georgia 1976 began death penalty for certain cases judge and jury must consider certain mitigating and aggravating circumstances and proceedings must also be divided into a trial phase and a punishment phase Roper v Simmons 2005 execution of offenders of crimes committed under 18 is unconstitutional Morrissey v Brewer 1972 Parole revocation if found guilty judge will assign to either go back to jail or reinstate probation Wolff v McDonnell 1974 Prison discipline good time Kent v US 1966
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