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24 Cards in this Set
- Front
- Back
A theory which interprets the relationships between social values and the law that stipulates the criminal law often reflects the values of society's dominant class.
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Value Conflict Model |
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The rules directing the application and enforcement of substantive criminal laws
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Criminal Procedure |
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With respect to criminal law, what must the state do?
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Prove the defendant guilty beyond all reasonable doubt. |
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With respect to criminal law, what does it do?
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Deals with offenses committed against the safety and order of the state. |
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With respect to criminal law, what is the difference compared to civil cases?
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Tougher burden of proof than in civil cases |
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Four conditions necessary to establish adequate provocation to reduce a murder charge to voluntary manslaughter
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"Crime of Passion and Rage" Provocation of Heat of Passion No Cooling Off Period No Malice Aforethought |
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The process by which individuals learn and internalize the norms of society
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Socialization |
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Element of the Crime of Robbery
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The item stolen must be taken from the person or his immediate presence |
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Crimes that are motivated by the offender's bias against another because of their race, religion, disability, sexual orientation, or ethnicity/national origin
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Hate Crimes
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Reasons for the overall decrease in crime during the past two decades
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Tougher sentencing keeping criminals off the streets longer, Community policing, and an overall decline in the proportion of young males |
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Death Occurs When
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Victim's heartbeat and respiration stop |
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Involuntary Manslaughter (Criminally Negligent Homicide)
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Caused by the Commission of any Act Performed in criminally negligent manner |
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The three independent but equal powers of the government
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Executive, Judicial, and Legislative Branches |
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The exercise of control by the government over a person or thing for the purpose of the Fourth Amendment
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Seizure
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The amount of certainty that a crime has been committed and the suspect committed it in order for police to have legal authority to make and arrest
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Probable Cause |
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Evidence that dissipates quickly over time making it eligible for the exigent circumstances exception to the search warrant requirement
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Evanescent Evidence
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Taint from Illegal Action may be dissipated by
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Weak link between police misconduct and challenged evidence Inevitable Discovery |
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The remedy for the violation of a right to a speedy trial
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Dismissal of Charges |
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The Sixth Amendment guarantees
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The right to a public trial The right to a jury trial |
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The doctrine that prohibits the admission of evidence subsequently obtained after an illegal or initially tainted admission, confession, or search
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Exclusionary Rule
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The amendment guarantees rights against both excessive bail and cruel and unusual punishment in federal courts
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Eighth
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In order for criminal laws to avoid being found unconstitutional due to their vagueness or broadness they must:
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2. Not unreasonably deny other rights such as the First Amendment rights to free speech and religion 3. Protect against discriminatory enforcement |
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UCR
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Uniform Crime Reports |
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UCR are collected by
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F.B.I |