75 Cards in this Set
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Who is the "father of white-collar crime?
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Edwin Sutherland
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Most likely the largest white-collar crime in history, this scandal involved the world-wide manipulation of interest rates by global banks since 1991 according to the Financial Times. In terms of scope, this scandal is said to have resulted in hundreds of trillions of dollars swindled fro…
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LIBOR Scandal
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One of the central tenets of this amendment is the due process clause. The due process clause applies a large portion of the Bill of Rights to the States. What is the name of this amendment?
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14th Amendment
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In terms of an overall trend, what has the crime rate in the United States been doing since the early 1990s?
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decreasing substantially
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This individual published about the idea of "engineered consent," meaning that if you can control the flow of information and disseminate it to the public accordingly, you can shape and manipulate public perception:
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Edward Bernays
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Casey is tried in State court, and is ultimately acquitted of her charges. The public is so outraged by the "not guilty" verdict, that an online petition is formed in an attempt to criminalize an act that Casey had committed in the past, but this same act was not considered criminal at th…
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Ex Post Facto Laws
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The 1st Amendment case Schenck v. United States (1919) established the "clear and present danger test." Many critics thought Schenck was too restrictive on free speech under the 1st Amendment, so this new test (the same test we still use to determine "free speech" today) was created to es…
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Brandenburg
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"Protection against unreasonable searches and seizures" and requiring "probable cause" in order to obtain a search warrant are hallmarks of this amendment:
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4th Amendment
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In the landmark decision from this Supreme Court case, the ruling applied the individual right to keep and bear arms, unconnected with service in a militia, to the States via the 14th Amendment:
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McDonald v. Chicago (2010)
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The media reaching a verdict in a case or trial before the actual jury does is known as:
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Trial by media
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Greatly empowering the 4th Amendment, this legal concept was put on the books with Weeks v. United States (1914), and states that evidence obtained through illegal searches and seizures can be thrown out in court. The Weeks decision only applied this legal concept to federal criminal case…
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Exclusionary Rule
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Don King wasn't the only interesting part of this case dealing with the 4th Amendment. The Supreme Court applied the Weeks v. United States (1914) ruling to the states through this specific case:
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Mapp v. Ohio (1961)
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This landmark Supreme Court decision extended 4th Amendment protections to include a "reasonable expectation of privacy" even in public settings in some cases (Ex. You are in a public phone booth and physically close the door to "protect" the privacy of your conversation). What is the nam…
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Katz v. United States (1967)
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The name of a fraudulent investing scheme where capital from new investors is used to pay out returns to existing investors. There is no legitimate business model, and Bernie Madoff ran an elaborate example of one:
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Ponzi schemes
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This amendment in the Bill of Rights addresses rights of the people that are not specifically enumerated in the Constitution (Hint: "Unenumerated rights" and the implied right to privacy):
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9th Amendment
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What are the three main components of our criminal justice system in the United States?
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Police, Courts, and Corrections
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he 5th Amendment guarantees the protection against self-incrimination. The landmark Supreme Court case Miranda v. Arizona (1966) established our protections against self-incrimination outside of the courtroom known as "Miranda rights" or "Miranda Warnings." What is the two-prong test to d…
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1) After you are taken into custody 2) Before you are asked potentially incriminating questions
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Which two amendments that we have discussed in class (and are discussed in your textbook) specifically mention the legal concept of "due process" in them? (Hint: One applies to federal court and one applies to state court)
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5th and 14th Amendments
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There is no Constitutional right to be released on bail, but there is a Constitutional protection against "excessive" bail and fines. The amendment that affords these legal protections also protects against "cruel and unusual punishments." Which amendment affords these protections?
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8th Amendment
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Which amendment in the Bill of Rights specifically mentions the right to a jury trial in civil court ("common law" as opposed to criminal law)?
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7th Amendment
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Peak crime rates occurred in what time period?
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90s
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White-Collar Crime
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using your position of trust in the community to take advantage of people
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Huge increase in crime rates during the
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60s and 70s
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Why was there an increase in crime rates during the 60s and 70s?
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Age demographics
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First Amendment
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freedom of religion, press, speech, assembly, and petition
allows for large protest movements, public debates on issues, etc.
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Sheppard v. Maxwell
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Supreme Court overturned conviction because media publicity had prevented a fair trial
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Second Amendment
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right to bear arms
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District of Columbia v. Heller (2008)
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SC specifically says that the right to bear arms is an individual right
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Third Amendment
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Quartering troops
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Fourth Amendment
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protection against unreasonable searches and seizures, no general warrants, probable cause
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warrant
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written court order instructing that a certain act be carried out
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probable cause
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legal justification for an arrest, search, or seizure, based on sufficient reason to think a crime has been committed
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exclusionary rule
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prohibits courts from considering illegally obtained evidence
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search warrants
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authorities have to go before neutral judges and demonstrate probable cause
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Fifth Amendment
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protects you from giving evidence against yourself via confession (take the Fifth) and protection against self-incrimination (Miranda)
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double-jeopardy doctrine
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prevents authorities from trying you twice for the same crime in the same court
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due process
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Constitutional guarantee (under the 5th) of fairness and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property
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Sixth Amendment
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guarantees criminal defendants the right to a fair trial. ensures that defendants are brought to trial soon after they are charged. trials are held in public. fair and impartial jury.
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Seventh Amendment
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specifically dealing with civil court. right to a jury in civil cases
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Eight Amendment
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protection against excessive bail, excessive fines, and against cruel and unusual punishment
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Ninth Amendment
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Provides flexibility to the Constitution
just because a particular right is not mentioned does not meant that is doesn't apply
"unenumerated rights"
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Tenth Amendment
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states rights are not specifically mentioned in the Constitution
any powers not give to the federal government in the Constitution go to the states
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Fourteenth Amendment
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guarantees due process and equal protection
basically applies the Bill of Rights to the states
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Habeas Corpus
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have the right to be informed of your charges in court
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Bills of Attainder
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legislative act declaring someone guilty of a crime and imposing punishment in absence of a trial
Constitution prohibits Congress from passing these
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Ex Post Facto Laws
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any law that punishes an act that was not criminal when committed
Constitution protects against this
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Schenk v. United States (1919)
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1st Amendment
Established the "clear and present danger test"
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Brandenburg v. Ohio (1969)
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government can't punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action
established Brandenburg test
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Brandenburg Test
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1. Intent
2. Imminence
3. Likelihood
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When are warrants not required?
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Consent
Plain View Doctrine
Plain Feel and Plain Smell
*Police dogs sniffing luggage in public places are not conducting a search
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Weeks v. United States (1914)
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creates exclusionary rule
huge check on police power
only applied to federal cases
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Terry v. Ohio (1968)
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based on reasonable suspicion, an individual can receive a "stop and frisk"
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California v. Greenwood (1988)
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4th amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home
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Kyllo v. United States (2001)
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use of thermal imaging technology to see through walls does not fall under plain view doctrine and constitutes a search
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visible crime
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"street crimes:
use majority of law enforcement resources
three categories:
violent crimes
property crimes
public order crimes
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4 types of violent crim
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forceful rape
1st degree murder & 2nd degree murder
voluntary man slaughter
involuntary man slaughter (has no intent)
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property crimes
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burglary
motor vehicle theft
larceny theft
arson
no threat of force
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public order crimes
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acts that threaten the general well-being of society and challenge accepted moral principles
public drunkenness, panhandling, disorderly conduct, vandalism
concern with these minor offenses is that they will lead to more serious crime and hasten urban decay
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Victimology
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examines the impact of crimes on victims
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Who is victimized?
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demographics play a key factor (age & income)
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lifestyle exposure model
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factors places, times, and people
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percentage of males that have been the victim of a violent crime
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24.3%
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percentage of females that have been the victim of a violent crime
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26.2%
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Impact of Crime
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all of us pay for crime
economic, psychological, and emotional costs
total annual cost of crime is $2 trillion
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The Role of Victims in Crime
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negative: not taking proper precautions, provoke or entice crime, some victims not willing to help with the prosecution or investigation
positive: self-defense training, good decisions, etc.
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Boyken v. Alabama
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plea must be voluntary
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Sandello v. New York
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prosecution can't change the deal after you enter the plea
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burden of proof - criminal court
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beyond a reasonable doubt
does not mean absolute certainty
97-99.9%
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Criminal Court
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the government (state or federal) bring suit against (prosecutes) a person who they believe has violated the law (defendant)
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burden of proof - civil court
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preponderance of evidence
51%
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tort
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civil wrong (think lawsuits)
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civil court
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compensation from damages or injuries
one party (plaintiff) who feels they were harmed (tort) brings a complaint against another party (the defendant)
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Crime Control
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"Assembly Line Justice"
every effort is made to repress crime
speed and efficiency are the main goals
avoids the courtroom, promoted plea bargaining
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plea bargaining
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pleading guilty with a reasonable expectation of a reduction in a charge (for a lighter sentence)
90-95% of criminal cases end in a plea bargain
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Due Process Model
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"Obstacle Course Justice"
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CJ 100: MIDTERM