NOCTI Review Questions and Answers 100% Pass

NOCTI Review Questions and Answers 100% Pass Felony ✔✔Crime punishable by by death or imprisonment 6th Amendment ✔✔Speedy trial (courts and trials) Reasonable Suspicion ✔✔Gives the officer the right to frisk the susp ...

NOCTI Review Questions and Answers 100% Pass Felony ✔✔Crime punishable by by death or imprisonment 6th Amendment ✔✔Speedy trial (courts and trials) Reasonable Suspicion ✔✔Gives the officer the right to frisk the suspect for a weapon Substantial Capacity Test ✔✔1. In the substantial capacity test, defendants have to lack substantial, not complete, mental capacity. 2. The substantial capacity test emphasizes both of the qualities in insanity that affect culpability—reason and will. 3. The MPC's definition of mental disease or defect excludes psychopathic personalities, habitual criminals, and antisocial personalities from the insanity defense Formen Vs. Georgia ✔✔Deals with he 8th amendment (cruel and unusual punishment) The court said it was cruel and unusual punishment to sentence them to death. Toxicology ✔✔Checking for poison or overdosing Latent Fingerprinting ✔✔Uses carbon to lift the fingerprint 4th Amendment ✔✔Search and seizure 5th Amendment ✔✔Self incrimination 6th Amendment ✔✔Right to a speedy trial 8th Amendment ✔✔Cruel and unusual punishment 14th Amendment ✔✔No matter your citizenship status you have the same rights as everyone else. General Deterrence ✔✔To keep the public from committing a crime, future criminal behavior Edward Sutherland ✔✔Differential Association Theory Sherlock Holmes ✔✔Deductive Reasoning Immanuel Kant ✔✔Utilitarianism Plain View Doctrine ✔✔Whatever a police officer happens to see that is within view when the officer has the right to be there UCR (Uniform Crime report) ✔✔Given my FBI Crime list Locard's Principal of exchange ✔✔Taking of something and leaving something behind (objects) Drowning ✔✔Isn't considered a manner of death Actus Reus ✔✔A guilty (prohibited) act. Corpus Delecti ✔✔The body of circumstances that must exist for a criminal act to have occurred. (Body of the crime) M''Naghten rule ✔✔A common law test of criminal responsibility derived from M''Naghten''s Case in 1843 that relies on the defendant''s inability to distinguish right from wrong. Mens Rea ✔✔Mental state, or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. Stare Decisis ✔✔A common law doctrine under which judges are obligated to follow the precedents established under prior decisions. Bill of Rights ✔✔The first ten amendments to the U.S. Constitution. Case Law ✔✔The rules of law announced in court decisions. Case law includes the aggregate of reported cases that interpret judicial precedents, statutes, regulations, and constitutional provisions. Common Law ✔✔The body of law developed from custom or judicial decisions in English and U.S. courts and not attributable to a legislature. Due Process Clause ✔✔The provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions. (Packer) Duress ✔✔Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform. Inchoate Crime ✔✔Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent. Model Penal Code ✔✔A statutory text created by the American Law Institute that sets forth general principles of criminal responsibility and defines specific offenses. States have adopted many aspects of the Model Penal Code, which is not itself a law, into their criminal codes. Statutory Rape ✔✔A strict liability crime in which an adult engages in a sexual act with a minor. The difference in age between the two participants automatically criminalizes the behavior of the older participant, regardless of whether the younger one consented. Mala in Se ✔✔A term that refers to the acts that society considers inherently evil, such as murder and rape, and that violate the basic principles of Judeo-Christian morality. Dark Figure of Crime ✔✔Crime that goes unreported Criminal Control Model ✔✔The perspective that views the repression of criminal conduct as the most important function to be preformed by the criminal justice system, through speed, efficiency, and finality in criminal justice processing (Packer) Consensus Model ✔✔A criminal justice perspective that assumes that the systems components work together harmoniously to achieve the social product we call justice Conflict Model ✔✔A criminal justice perspective that assumes that the system's compenents function primarily to serve their own interests 3 Parts of CJ System ✔✔Law Enforcement, Courts, Corrections Probation ✔✔A criminal sentence that involves no jail or prison time but requires the criminal to follow certain rules for a fixed amount of time. Parole ✔✔A phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community NIBRS (National Incident Based Reporting System) ✔✔A form of crime data collection created by the FBI requiring local police agencies to provide at least a brief account of each incident and arrest within 22 crime patterns., Pennsylvania System ✔✔An early system of U.S. penology in which inmates were kept in solitary cells so that they could study religious writings, reflect on their misdeeds, & perform handicraft work Prosecutor/State ✔✔Carries the Burden of Proof Mala Prohibita ✔✔Acts considered wrong only because there is a law against them (drugs, prostitution, gambling) 9 ✔✔Justices on Supreme Court Specific Deterrence ✔✔Punishment inflicted on criminals to discourage them from committing future crimes Restorative Justice ✔✔Laws that are concerned with restoring community after an offense Truth-in-Sentencing Laws ✔✔A sentencing scheme requiring that offenders serve at least 85% of their original sentence before being eligible for parole or other forms of early release. Consensus View of Crime ✔✔The majority of citizen's in society share common ideals and work toward a common good. Crimes are acts that are outlawed because they conflict with the rules of the majority and are harmful to society. Conflict View of Crime ✔✔The law is controlled by the rich and powerful who shape its content to ensure their continued economic domination of society. The criminal justice system is an instrument of social and economic repression. Quakers of Pennsylvania ✔✔Corrections movement in Criminal Justice Cesare Lambroso ✔✔Physical attributes of stigmata Emile Durkheim ✔✔Anomie theory (Culture goal) Cesar Beccaria ✔✔Punishment not be severe but swift and certain Edwin Sutherland ✔✔Differential Association theory Shaw and McKay ✔✔Social disorganization theory Cesar Becarria ✔✔Crime and Punishment (17oos) Teleological Ethical System ✔✔Result or consequences of an act to determine the act's goodness or ethicalness Deonatological Ethical System ✔✔Doesn't care what the result or consequences but about the act itself and motive behind it Noble Cause ✔✔Planting evidence on a known drug dealer Utalitarianism ✔✔John Mills- Greater Good Ethnocentrism ✔✔Culture is better than any other Formalism ✔✔Immanuel Kant Doing your duty (Ethical) Slippery Slope ✔✔Course of action that seems to lead inevitably from one action or result to another with unintended consequences. Take small bribes leading to larger ones. Mapp Vs. Ohio ✔✔Applied the exclusionary Rule to the states Miranda Vs. Arizona ✔✔Established the Miranda warnings Terry Vs. Ohio ✔✔Created the Stop & Frisk (with reasonable suspicion) Tennessee Vs. Garner ✔✔1. Fleeing felon 2. Lethal Force Irresistible Impulse Test ✔✔Cannot blame or deter people who because of a mental disease or defect lose their self-control and can't bring their actions into line with what the law requires. Specific intent ✔✔Meaning to bring about certain result Strict liability ✔✔Offender is guilty for the act alone; no mental state is required General Intent ✔✔When offender wants to take certian action but does not desire specific result Assault ✔✔Attempts or causes bodily harm to another with or without a deadly weapon Burglary ✔✔Breaking into and entering a structure with the intent to commit a felony once inside Robbery ✔✔Taking property by force or threat of force Insanity Defense ✔✔May have delusion that someone is trying to harm them. M'naghten test used to judge this Terry stop ✔✔Brief encounter between police and citizens to confirm or dispel the reasonable suspicion that criminal activity is afoot Exclusionary rule ✔✔Evidence obtained in illegal manner, can be of no use in court if violates rights Curtilage ✔✔Area immediately surrounding a dwelling, 4th amendment rights within curtilage