Criminal Justice Midterm
Terms
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- Tribalism
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*social bond=tribe
*tribal law
*responcibility=collective
*wronged party=tribe
*sanction=blood feud
*once tribes get bigger they take over more land and get more sophisticated
*kings get more power - Feudalism
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*stratification
*social bond=fiefdom (fief=tract of land)
*system of personal dependance
*law=obligations and duties
*military service for protection
*responcibility=collective and individual
*sanction=compensation
*decentralized legal system - Differences between Adult and Juvenile Court (5)
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1)no determination of guilt
2)closed to public
3)speed and flexibility
*formalities don't exist
*juicial discretion
4)backround information
*needs and amenability to treatment
5)treatment oriented not punishment -
LIMITS OF LAW
Ex Post Facto -
*Art 1 Sec 9
*can't make new crime, increase punishment, reduce proof
-if something wasn't a crime when a person did it and it later becomes a crime, the person cannot be punished for it -
LIMITS OF LAW
Void For Overbreadth - *prohibits illegal activities but at the same time prohibits legal activities
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TERRORISTS TYPES
Revolutionary -
*uses vilence to envoke fear in the people that hold power and those who suprt them
*replace existing gov't
*want gov't to come after them
-make gov't look bad and them good -
TERRORIST TYPES
Political -
*dirrected at people to oppose their ideology
*in US they tend to be heavily armed
*not likely to overthrow gov't
*make statement
EX- Waco Texas, Oklahoma City, Ruby Ridge -
TERRORIST TYPES
Nationalist -
*ethnice/religious minority group (been bashed for decades)
*create own homeland -
TERRORIST TYPES
Cause Based -
*directed at specific individuals and gov't for a specific cause (abortion)
Osama Bin Ladin - Americans being in Saudi Arabia (based on religion) -
TERRORIST TYPES
Environmental -
*love to set fires
ELF(earth liberation front)
Turkey farms around thanksgiving -
TERRORIST TYPES
State Sponsored -
*the gov't is the terrorist
*repress minorities
*repressive gov't - death squads
-currently used by approx 35 countries
*those voicing opposition to the gov't are those who are typically targeted -
TERRRORIST TYPES
Criminal -
*crimes fund terrorist activity
*big money - goal -
1937 Geneva Convention
Why didn't it work? - no clear definition of 'terrorism'
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Office of Homeland Defense
Duties: -
*boarder control
*helping state and local agencies update emergancy responce procedures
*how do you protect society while maintaining individual rights - Foreign Task Force
- *deals with illegal aliens
- Anti-terrorism legislation
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*US jurisdiction abroad - when it involves US citizens
*use of death penalty - even in non-death penalty countries (might not be possible) - Assets (terrorism)
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*freeze them
-how you get at terrorists
-cutting off their money supply - Hate Crime Statistic Act of 1990
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*report crimes motivated by hate separatly
*types of hate crimes coverd: race, religion, sexual orientateion, ethnicity - Types of hate crimes committed
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*Most are intimidation and simple assult
*more often a person crime as opposed to a property crime - Motivation for Hate Crimes (3)
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1)Thrill seeking (it's fun)
2)Reactive (view as threat)
3)Mission Oriented (rid the world of evil... these tend to be the nuts) - Omission vs. Commission
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O- didn't do something that the law says you need to do
C- did something law says you can't do - Legal Duty to Act (4)
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1)Statute - law that says you have to help (Alaskan law, doctors)
2)Status Relationship - parent must help child, some states husband/wife
3)Duty to Care For Another - lifeguards, day care workers
4)Assume Care For Another - Good Samaritan Laws
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*protect against civil and criminal lawsuits
*must exercise reasonable care - Inchoate Offences (3)
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*crimes that go beyond mere though but do not result in a completed crime
1)solicitation - ask/hire someone to commit crime
2)attempt - intent+act to corroborate, closest to actually doing crime itself
3)conspiracy - 2 or more agree to commit crime -
COMMON LAW LEVELS OF INTENT
General -
*logical outcome of behavior
*must prove intent to commit act -
COMMON LAW LEVELS OF INTENT
Specific -
*prove act + specialized knowledge
(burglery, drug trafficing) -
COMMON LAW LEVELS OF INTENT
Constuctive -
*didn't mean to hurt someone, but should have known behavior would hurt someone
*should have known high risk injury -
COMMON LAW LEVELS OF INTENT
Transferred -
*intend to harm one, but harm another
*transfer the original intent -
HOMICIDE
Justifiable -
*police, self defense, soldiers, executioners
*legal necessity or duty -
HOMICIDE
Excusable -
*acting within the law + no intent
*accidents - hockey games baseball games -
HOMICIDE
Criminal - *everything else
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MODEL PENAL CODE LEVEL OF INTENT
Negligent -
*should have been aware of risk
*charge - involuntarty manslaughter -
MODEL PENAL CODE LEVEL OF INTENT
Reckless -
*consciously disregards risk
*charge - voluntary manslaughter -
MODEL PENAL CODE LEVEL OF INTENT
Knowingly vs Purposely -
*kind of go together
*1st vs 2nd degree murder
-1st is premediated - Exceptions to Intent
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*strict liability offences
*liable regardless of intent
(EX traffic offences) - Year and A Day Rule
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*determines WHAT charges can be filed
*only what happens within a year and a day of the initial crime - Statute of Limitations
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*WHEN charges can be filed
*time period for charges to be allowed to be filed
*why is exists
-efficency/prevent back-up
-fairness to defense -
JUSTIFICATIONS
Necessity - *harm avoided is more important than offense
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JUSTIFICATIONS
Duress -
*coerced by use or threat of force
*cannot be used with murder
*threat must be immediate