Criminal Justice 1~2

Mens Rea

guilty mind

M'Naghten Rule

A common law test of criminal responsibility derived from M'Naghten's Case in 1843 that relies on the defendant's inability to distinguish right from wrong., A rule for determining insanity, which asks whether the defendant knew what he or she was doing o

Durham Rule

an accused is not criminally responsible if his unlawful act was the product of mental disease or defect

Common Law

a system of law based on precedent and customs

Case Law

law created by appellate courts

Statutory Law

the body of laws created by legislative statutes

Conspiracy

a secret agreement between two or more people to perform an unlawful act

Deviance

a state or condition markedly different from the norm

Burger Court

Warren Burger was appointed by Nixon in 1969 as the 15th Chief Justice of the Supreme Court. The Court he presided over was more conservative than the Warren Court, handing over more power to the states throught the Court's decisions

Crime control model

A criminal justice model that places primary emphasis on the right of society to be protected from crime and violent criminals. Crime control values emphasize speed and efficiency in the criminal justice process; the benefits of lower crime rates outweigh

criminal justice

the process of achieving justice through the application of the criminal law and through the workings of the criminal justice system

due process model

a criminal justiced perspective that emphasizes individual rights at all stages of justice system processing

ethnocentrism

belief in the superiority of one's own ethnic group

law and order

Made by elected legislatures. Police inforce laws and keep order over a populace

Law Enforcement Assistance Administration

Federal agency that granted hundreds of millions of dollars in aid to local and state justice agencies between 1968 and 1982. Also helped fund LEEP which helped train young adults in Law and Order

Omnibus Crime Control and Safe Streets Act

Established the federal law enforcement assistance administration (LEAA). The report of the presidents commission clearly defined the tasks of criminal justice and in so doing, identified criminal justice as an approach, a governmental aim and indeed a sc

President's Commission on Law Enforcement and Justice

commission appointed by President Johnson in 1965 to investigate the causes of crime and the condition of the criminal justice system

Terrorism

the calculated use of violence (or threat of violence) against civilians in order to attain goals that are political or religious or ideological in nature

Warren Court

the chief justice that overturned Plessy v. Ferguson in Brown v. Board of Education (1954); he was the first justice to help the civil rights movement, judicial activism. Due Process Model

abettor

one who helps or encourages or incites another

Accessory after the fact

a person who gives assistance or comfort to someone known to be a felon or known to be sought in connection with the commission of a felony

accessory before the fact

a person who procures or advises or commands the commission of a felony but who is not present at its perpetration

administrative law

the body of rules and regulations and orders and decisions created by administrative agencies of government (littering, polluting, etc)

anomie

personal state of isolation and anxiety resulting from a lack of social control and regulation

constitutional law

law that involves the interpretation and application of the U.S. Constitution and state constitutions

crime

(criminal law) an act punishable by law

defense

the justification for some act or belief

differential association

a theory of deviance that holds that violation of rules results from exposure to attitudes favorable to criminal acts

differential opportunity theory

crime takes place due to a lack of legitimate opportunity and is also due to the availability of illegitimate opportunities

differential reinforcement theory

an attempt to explain crime as a type of learned behavior. It is a version of the social learning view that employs differential association concepts as well as elements of psychological learning theory. Gang behavior

Jones v. United States

You can hold a mental patient longer than his normal jail sentence in a mental facility than they would be normally in a jail

Mistake of fact

a defense claiming an error or misunderstanding of fact or circumstances resulting in an act that would otherwise not have been undertaken

Lambert v. California

Ruling whereby the U.S. Supreme Court held that "due process requires that ignorance of a duty must be allowed as a defense when circumstances that inform a person as to the required duty are completely lacking.

Duress and Consent

any unlawful constraints exercised on a individual forcing him or her to consent to committing some act that would not have been done otherwise

moral turpitude

an act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity. A crime involving a willful wrongdoing, usually a felony.

Violations

less crimes than misdemeanors

Social disorganization theory

The theory that attributes increases in crime and deviance to the absence or breakdown of communal relationships and social institutions, such as the family, school, church, and local government

Strain Theory

the proposition that people feel strain when they are exposed to cultural goals that they are unable to obtain because they do not have access to culturally approved means of achieving those goals

Ritualism

reject the goal and accept the means, accept a less successful life

Social control theory

As they lose attachment to the people and things around them they become more prone to crime

Primary deviation

In labeling theory, the act or attitude that causes one to be labeled deviant

Secondary deviation

the labeling theory: this results from the societal reaction to the primary deviation; it's reactionary and may close legitimate opportunities (reaction to the Primary)

Family violence perspective

Origin of violent behavior lies in the family structure and principles