Rule of Law: (US justice based on this) Our laws re based on rules and principles that stand day to day. 6. Legal Impossibility: 7. Conspiracy: When two or more people agree to do an unlawful act (or) when two people agree to commit a lawful act in an unlawful way (Example: getting your stereo from your ex girlfriend’s house by breaking in, and then never committing the act) 8. Malice aforethought: used to distinguish murder from manslaughter; this phrase indicates that the crime of murder is a deliberate, premeditated, and willingly killing another human being. 9.
Intent: Intent to commit a crime. Must prove intent. Men’s Rear) How to prove intent: threats- use to show what intent was; confession; facts of the case (example: shot 16 times) 10. Different Stages of a Criminal Case: Has to be a law in the books so people van see it Must have some investigation Then it is decided whether they will arrest you or not After the arrest, you will have first appearance (bail is set) Then, preliminary hearing in front of Magistrate; only to prove probable cause (do they have facts? ) Must have evidence Must establish jurisdiction Lawyers will try to plea-bargain. Most of the time this ends with a guilty plea) 1. Diversion: 12. Code of the Hamburg: defines crimes, punishments, civil actions, and remedies for them. They are the oldest set of laws (older than the Bible). 13. Magna Cart: established by the English and agreed to concept of Due Process. 14. Constitution: 15. Federal Courts: will go to federal court if you commit a federal crime. If you lose , federal prison violating federal law = statute (federal) 16. State Courts: Trials all state matters (Limited Jurisdiction & General Jurisdiction) 17.
Classical Theory: Committing a crime is a choice (choosing to rape, steal, etc) 18. Sociological Theory: Social institutions/groups create conditions that lead to behavior. Society is the root of the crime. 19. Psychological Theory: Crime is caused by psychological state. Repressing your feelings, mental illness, mall adjustment. 20. Standard of Proof: level of proof you have to have to win a case – by preposterous of evidence (more than likely not) beyond a reasonable doubt in a criminal case 21 . Motion to Dismiss: 22. Legality: 23.
DUE PROCESS: Due Process of Law = (fair process) based on procedure vagueness of a law (broad) (example: SC buggery statute is too vague (sexual relations with a east)) Due Process Model = need to protect innocent person’s rights, fair process, from constitution. Presumed innocent before guilty 24. Substantive Criminal Law: The Do’s and don’t of criminal law (Don’t shoplift, pay your taxes, don’t rape) 25. Procedural Criminal Law: Once you’re suspected of criminal activity, process you a put through enforcement, adjudication, and corrections. 26. Pardon: 27. Parole: conditional release before prison time is fully served 28.
Probation: (or suspended sentence) granted instead of prison time. Judges decide whether to grant probation. Defendant is free. Less expensive than putting him in prison. Probation can be revoked if one does not cooperate. Can only grant five years of probation in SC. Probation agents = handle 80-100 clients at a time. Overworked, helps clients access community service. Federal Probation Agent = must have a bachelors degree. Requirements of probation: Must maintain a job Place to live with address No alcohol or drug use even if you’re 21 Cannot work ATA place that serves alcohol If you want to move, must tell probation agent before the move.
If one fails to o any of that , probation officer will draft it and send it to judge and judge will send to prison 29. Furlough: 30. Halfway House: living in a house with people that are in the same conditions as you 31. Work Release: 32. Terrorism: Organized use of violence to promote political or social change. FBI = domestic terrorism only (only in the US) CICS = international terrorism (goes of country lines; does not work on US soil) Counter terrorism task force = share information about what’s going to fight terrorism; combination of all state and federal evidence. 33.
Cyber Crime: sing computers to commit crimes; certain things you cannot sell online: a) Firearms- trying to keep out of juvenile’s and terrorists hands b) urine- drug addicts can buy clean urine for drug tests c) Body parts- kidneys (kidney donors) d) Internet gambling Identity theft- leading cause of consumer fraud complaint 34. Incapacitation: lock people down so they can’t commit anymore crimes and to keep the general public safe 35. Retribution: getting someone back for harming others because he deserves to be penalized. (example: someone raping your girlfriend you pay them back for what they did) 36.
Deterrence: General Deterrence = giving someone a sentence with the hopes of people hearing about it so no one will want to do it Specific deterrence = teaching a lesson to someone who commits a crime 37. Dry. Martin Luther King: 38. Crimes Against Habitation: where you live Burglary = entering a building with the attempt to commit a crime inside (but no one can be present) Arson = burning someone’s house down 39. Crimes Against the Person: Homicide = murder, killing of one human by another Kidnapping = stealing a person, unlawfully restraining a person (example: ribbing a girlfriend and restraining her from leaving) 40.