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Midterm

CRMJ 254 Midterm Review

3 Pages
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Department
Criminal Justice
Course Code
CRMJ 254
Professor
Laura Hahn

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CRMJ 254 Midterm Review
Mala in Se- Crimes that are wrong in themselves, wrong everywhere
Mala Prohibita- Offense that are illegal because law define them as such (Trespassing)
Dark Figure of crime-Number of crimes officially not counted by police
UCR part 1 crimes- number of reported offenses
UCR part 2 crimes- mala prohibita crimes
NIBRS- National Incident Based Reporting System: method for collecting crime better than
UCR
NCVS- Method for assesing Victimization in the US
Self report studies- Ask people to reveal own law violations, gets rid of dark figure
Crime Index- Estimate of crimes committed
Exclusionary rule- illegally obtained evidence must be excluded from trials in federal and some
state courts
4th amendment- Unreasonable search and seizure
Search: exploring or inspecting for purpose of finding evidence or person accused of a
crime
Seizure: taking personal property or them in response to a violation of criminal law
Warrant: Written document from courts ordering law enforcement to conduct searches
5th amendment- Self-incrimination, Double jeopardy, grand jury indictment
Self Incrimination- Being a witness against oneself. Cannot be forced
Nolo Contendre (No contest)- plead if confession will incriminate themselves
Confession- admission by a person accused of a crime that he or she committed
Miranda Rights- have to be read before interrogation
6th amendment- speedy trial, impartial jury where the crime was committed, be informed of the
nature and causation of the accusation, confront opposing witnesses, compulsory process for
obtaining favorable witnesses, counsel
Speedy Trial- cant be kept in jail for over a year without a trial
Impartial Jury- crime must be tried in jurisdiction where it was committed
Informed of Nature and Causation of Accusation- know the charges against them
Confront Opposing Witnesses- defendant present during trial & can cross examine
witnesses against them
Compulsory Process for Obtaining Favorable Witnesses- can use subpoena to get
testimony from witnesses that will help the defense
Subpoena- written order requires person to appear in court to give testimony
Counsel- privately be able to obtain and pay for counsel or lawyers
8th amendment- excessive bail, cruel and unusual punishment
Excessive bail- amount of bail is more than necessary
Cruel and Unusual Punishment- Practice of capital punishment or death penalty.
Barbarous/torturous punishments are prohibited.
Electric Chair
Gas Chamber
Lethal Injection (most humane)
Firing Squad
Hang

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Description
CRMJ 254 Midterm Review Mala in Se- Crimes that are wrong in themselves, wrong everywhere Mala Prohibita- Offense that are illegal because law define them as such (Trespassing) Dark Figure of crime-Number of crimes officially not counted by police UCR part 1 crimes- number of reported offenses UCR part 2 crimes- mala prohibita crimes NIBRS- National Incident Based Reporting System: method for collecting crime better than UCR NCVS- Method for assesing Victimization in the US Self report studies- Ask people to reveal own law violations, gets rid of dark figure Crime Index- Estimate of crimes committed Exclusionary rule- illegally obtained evidence must be excluded from trials in federal and some state courts 4th amendment- Unreasonable search and seizure Search: exploring or inspecting for purpose of finding evidence or person accused of a crime Seizure: taking personal property or them in response to a violation of criminal law Warrant: Written document from courts ordering law enforcement to conduct searches 5th amendment- Self-incrimination, Double jeopardy, grand jury indictment Self Incrimination- Being a witness against oneself. Cannot be forced Nolo Contendre (No contest)- plead if confession will incriminate themselves Confession- admission by a person accused of a crime that he or she committed Miranda Rights- have to be read before interrogation 6th amendment- speedy trial, impartial jury where the crime was committed, be informed of the nature and causation of the accusation, confront opposing witnesses, compulsory process for obtaining favorable witnesses, counsel Speedy Trial- cant be kept in jail for over a year without a trial Impartial Jury- crime must be tried in jurisdiction where it was committed Informed of Nature and Causation ofAccusation- know the charges against them Confront Opposing Witnesses- defendant present during trial & can cross examine witnesses against them Compulsory Process for Obtaining Favorable Witnesses- can use subpoena to get testimony from witnesses that will help the defense Subpoena- written order requires person to appear in court to give testimony Counsel- privately be able to obtain and pay for counsel or lawyers 8th amendment- excessive bail, cruel and unusual punishment Excessive bail- amount of bail is more than necessary Cruel and Unusual Punishment- Practice of capital punishment or death penalty. Barbarous/torturous punishments are prohibited. Electric Chair Gas Chamber Lethal Injection (most humane) Firing Squad Hang Proportionality review- determines if the application of the death penalty was fair and proportional AutomaticAppellate Review- 6 appeals in addition to original one from trial Furman v. Georgia 1972- stopped death penalty Gregg V. Georgia 1976- death penalty continued Aggravating- crime worse than usual Mitigating- crime less severe then usual Cannot be executed- Mental ill, developmentally delayed, under 18 Substantive Law- body of law that defines criminal offenses and their penalties. (what people legally may or may not do) Procedural Law- governs the way substantive laws are administered. (ways people can be legally arrested, searched, interrogated) Court Process (Defendant)- InitialAppearance, Preliminary Hearing,Arraignment Initial appearance- charges read Preliminary Hearing- Bail, indictment if Grand Jury determines probable cause Arraignment- Plea Bargain or No contest. Bench/Jury trial Bench Trial- Guilt or Innocence determined by judge alone Jury Trial- Guilt or Innocence determined by Jury recommendation Miscarriages of Justice- Protect innocent. Innocent until proven guilty E
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