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CJ Themes and Practices
Nature, Elements, Defenses
Theories
Chap 3/ Ethical Essentials
Miscellaneous
100
Making decisions in enforcing based on one's own observations and judgement
What is Discretion?
100
A crime punishable by imprisonment of more than one year
What is a felony?
100
The theory that exists in societies where the working class is exploited by the ruling class and thus maintains a constant state of conflict between the two classes
What is Conflict Theory?
100
In the FBI UCR reporting scheme, the practice where only the most serious offense is reported
What is the Hierarchy rule?
100
The body of law that spells out the elements of criminal acts
What is substantive law?
200
The model that has the key points: *Accused are presumed guilty *The goal is order *Assumption: Only swift and certain punishment will deter and control crime
What is the Crime Control Model?
200
The doctrine of precedent
What is stare decisis?
200
The school of criminology that states human behavior is controlled by physical, mental, and social factors--NOT FREE WILL
What is the Positivist school of criminology?
200
The duty to act
What is deontological ethics?
200
"Preponderance of Evidence" and Beyond a reasonable doubt"
What are the burdens of proof for Civil Law and Criminal Law?
300
The model with the following key points: *Fairness is the primary goal *Stresses adversarial process and defendants rights *Defendant must be presumed innocent *Assumption: Rehabilitation aimed at individual problems will deter and control crime
What is the Due Process Model?
300
The generic term of all noncriminal law
What is Civil Law?
300
The theory that attempts to explain criminality as a result of the creation of a lower-class culture based on poverty and deprivations,and the subsequent response of the poor to the solution
What is Social Structure Theory? (*Strain Theory)
300
Noble cause corruption
What is a situation where one commits an unethical act but for the greater good?
300
Reports published annually by the FBI, each describing the nature of crime
What are Uniform Crime Reports?
400
A model working under the premise that not all criminal cases are viewed or handled in the same manner-by either the police or the judiciary
What is the wedding cake model?
400
The two essential elements of a crime (and give definitions)
What are Actus reus and Mens rea?
400
The theory that states early personality development is linked to crime
What is Psychological Theory? ---the improperly socialized child may cause them to direct antisocial impulses and become criminal
400
The gray area of ethics that is not clear-cut (ex: releasing a serious offender in order to use him later as an informant)
What is Relative ethics? (*Absolute ethics-more black and white--excessive force)
400
The survey of households that measures crimes committed against victims
What is the National Crime Victimization Survey?
500
A reasonable basis to believe that a crime has been, or is about to be, committed by a particular person
What is Probable Cause?
500
The type of defense that focuses on the act and may be used to argue that they had to commit the act because it was necessary to avoid some greater harm
What is a justification defense?
500
The theory that argues that criminality is a normal behavior and that everyone has the potential to commit crime, depending on the influences that compel them toward or away from crime and how they are viewed
What is Social Process Theory? (*Learning theory->criminal behavior is learned, Social Control Theory-->deviant behavior results when social controls are weakened, Label Theory-->holds that persons acquire labels that are deviant/criminal, begin to see it themselves, commit crime)
500
A federal law that prohibits reprisal against employees who reveal information concerning a violation of law, rules or regulations
What is the Whistleblower Protection Act?
500
The Crime Rate
What does (the number of offenses/number of population of the jurisdiction) X 100,000 total to?