Exam 1 StudyGuide
Exam 1 StudyGuide
fThis is not an exhaustive list of all concepts and terms for the first exam. Any information
from lectures or the book is fair game for the exam. Be sure to study your notes from class as
well as the readings. Please contact me with any questions at rkonkel@uwm.edu.
What are the main differences between criminal justice and criminology?
Criminology is theoretical; criminal justice is hypothetical
What are the three facets of the CJ system? What are the main functions/tasks of each branch?
o Police - law enforcement, crime prevention, community safety
o Courts - due process, sentencing, legal proceedings, sentencing
o Corrections - post-sentencing, rehabilitation, community safety
What is the process of the CJS, and which branches are involved in each step?
1. Investigation and Arrest - Law enforcement investigates reported crimes, collects evidence,
and identifies suspects. If sufficient evidence exists, an arrest is made, and the suspect may be
taken into custody. Branch: Law Enforcement (police, detectives, and investigative agencies)
2. Charging - The prosecutor (district attorney or equivalent) reviews evidence and determines
whether to formally charge the suspect with a crime. If charges are filed, the case moves forward.
If not, the suspect may be released. Branch: Judiciary (Prosecution is part of the legal system,
working in conjunction with courts)
3. Initial Appearance - The accused is brought before a judge, informed of their rights, and the
charges against them. Bail or pretrial release may be determined. Branch: Judiciary (Judges and
court personnel)
Exam 1 Study Guide
4. Preliminary Hearing or Grand Jury - A judge (or a grand jury) evaluates the evidence to
determine if there is probable cause to proceed to trial. If probable cause is found, an indictment
or formal charge is issued. Branch: Judiciary
5. Arraignment - The accused enters a plea (guilty, not guilty, or no contest) in court. If the plea
is "not guilty," a trial date is set. Branch: Judiciary
6. Trial - A trial is conducted before a judge (bench trial) or a jury. The prosecution presents
evidence to prove the defendant's guilt "beyond a reasonable doubt," while the defense argues
their case. Witnesses are called, and evidence is examined. Branch: Judiciary
7. Sentencing - If the defendant is found guilty, the judge imposes a sentence (e.g., fines,
probation, imprisonment). Sentencing guidelines and recommendations from the prosecution and
defense are considered. Branch: Judiciary
8. Appeals - If the defendant believes there was a legal error in the trial, they may appeal the
decision to a higher court. The appeals court reviews the case but does not retry it. Branch:
Judiciary (Appellate courts)
9. Corrections - The sentence is carried out. This may involve incarceration, probation, parole,
or rehabilitation programs. The focus may be on punishment, deterrence, or rehabilitation.
Branch: Corrections (prisons, probation/parole officers, rehabilitation programs)
10. Release - The offender is released after serving their sentence or completing parole. Some
may be reintegrated into society through support programs. Branch: Corrections
DUE PROCESS
What do “Due Process” and “Crime Control” mean?
● Due Process - Protects individual freedoms (individuals are treated fairly and lawfully)
Key points about due process:
● Notice: Being informed of the charges or actions against you.
● Opportunity to be heard: Having the chance to present your side of the story
and evidence.
● Fair trial: Access to a legal process with impartial decision-making
● Crime control - apprehend, convict, and punish offenders as quickly as possible to
maintain public safety and public order;
Key points about the crime control model:
○ Focus on efficiency:
Prioritizes swift processing of cases through the criminal justice system, aiming
to quickly identify and punish offenders.
Exam 1 Study Guide
DISCRETION
What does the term discretion mean? The freedom of officials to make choices based on
personal judgment.
LAWS
Types of laws:
● What is a law?
Rules are enacted by the legislature, published in the criminal code, and enforced by authorities.
○ Parking regulations.
○ Building codes.
○ Curfews for minors.
○ Trash collection and recycling rules.
● Scope: Limited to local matters and cannot conflict with state or federal laws.
State Laws
● Jurisdiction: Apply throughout an entire state.
● Governance: Enacted by state legislatures and signed by the governor.
● Focus: Address issues specific to the state, including education, transportation,
healthcare, and criminal law.
● Enforcement: Enforced by state agencies and state police.
● Examples:
○ Traffic laws (e.g., speed limits on state roads).
○ Marriage and divorce laws.
○ Gun ownership and licensing requirements.
○ State income taxes.
● Scope: Must comply with federal law but have broader authority over matters not
expressly reserved for the federal government.
Federal Laws
● Jurisdiction: Apply across the entire United States.
● Governance: Enacted by Congress and signed by the President; regulated by federal
agencies.
● Focus: Govern areas of national importance, such as interstate commerce, immigration,
defense, and civil rights.
● Enforcement: Enforced by federal agencies, such as the FBI, DEA, or IRS.
● Examples:
○ Immigration laws.
○ Federal tax laws.
○ Civil rights protections (e.g., anti-discrimination laws).
○ Environmental regulations (e.g., Clean Air Act).
● Supremacy: Federal law takes precedence over conflicting state or municipal laws, as
established by the Supremacy Clause of the U.S. Constitution.
Key Differences
● Scope of Authority: Federal law governs the entire nation, state law governs a single
state, and municipal law governs a specific locality.
● Focus Areas: Federal laws handle national concerns, state laws address regional matters,
and municipal laws tackle local issues.
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● Hierarchy: Municipal laws must comply with state laws, and state laws must comply
with federal laws.
CRIME
What is a crime?
● Understand the historical context of how criminal laws were developed.
the laws change and evolve to reflect the values of it’s populus to be proportional to the crime
commited.
● What are the four categories/level of crimes and how do they differ?
o inchoate offenses - incomplete or partial offenses. So these are crimes that were
planned or initiated, but they weren't completed. These offenses are still
punishable because there was intent to commit the crime, even if the act wasn't
fully carried out.
o infractions - offense not serious enough to warrant any sort of arrest or jail time
o misdemeanors - less serious offenses and have lighter penalties
o felonies - severe crime that deserve severe punishment
Characteristics of crime:
● Which types of crimes are the most (and least) likely to occur?
Misdemeanors (most)
felonies and celebrated cases (least)
● What are the four components that must be present for a crime to occur?
o The act (Actus Reus)
o The criminal intent (mens rea)
o The concurrence (act and intent happen together)
o Causation (must cause harm)
● What does intent mean? motivation and mental state of the defendant at the time
● What are the different types of intent, and what are examples for each?
o Specific intent
o General intent
o Transferred intent
o Constructive intent
Definitions of crimes:
● Be able to define, identify, and provide examples for each type of crime discussed in
class and the textbook.
● Crimes can be broken up into six categories. What are these categories, and the crimes
that fall under each type?
Measuring Crime:
● What are the different databases used to measure crime?
CRIMINAL DEFENSES
Criminal defenses:
● How do criminal defenses apply to the definition of a crime?
o What are examples of cases/scenarios that would fall under each type of defense?
● Insanity defenses:
o What are the different types of defenses related to mental health?
substantial capacity to
appreciate the criminality
of their actions or conform
their behavior to the law.
● Outcome: If
successful, the
defendant is often
found not guilty by
reason of insanity
(NGRI) and
committed to a
mental health
facility rather than
prison.
● Criticism: Some
argue this defense is
overused, while
others believe it’s
necessary to protect
individuals with
severe mental
illness.
unnecessarily.
Outcome: If successful,
the defendant may be
acquitted, as they did not
have control over their
actions.
Outcome: Balances
accountability with
treatment for mental health
conditions.
Outcome: If successful,
the defendant is often
treated as NGRI and may
be committed to a mental
health facility.
The success of these defenses depends on the specific legal standards in a jurisdiction, the
quality of evidence presented, and expert testimony. While these defenses ensure justice
considers the role of mental illness, they are often controversial and require careful
application to balance fairness and accountability.
Exam 1 Study Guide
THEORY
What is a theory? Is a set of ideas that is used to explain a particular phenomenon or concept
Criminological theories are frameworks for understanding the causes of crime and criminal
behavior. The four paradigms of criminological theory are the foundational perspectives that
guide criminological research and thought. These paradigms are:
1. Classical Paradigm
2. Positivist Paradigm
3. Conflict Paradigm
● Core Idea: Crime arises from social and economic inequalities and power struggles.
● Key Beliefs:
○ Laws and the criminal justice system reflect the interests of the powerful elite
rather than the common good.
○ Crime is often defined and enforced in ways that maintain the dominance of those
in power.
○ Marginalized and oppressed groups are disproportionately labeled as criminals.
● Key Theorists: Karl Marx (economic conflict), Richard Quinney, and William
Chambliss.
● Implications:
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○ Highlights systemic issues like racism, classism, and inequality in the criminal
justice system.
○ Advocates for reforms to address structural inequities and social justice.
● Criticism:
○ May oversimplify the complexity of crime and overlook individual responsibility.
● Define and be able to apply examples of each theory discussed in class and in the
textbook. Additionally, know the scholars attached with each theory. These theories
include, but not limited to:
o Classical Criminology
▪ Hedonistic Free Will
these people believe that they have full control over their actions, thus
having free will
▪ Deterrence Theory
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o Bio-Psychological Theories
▪ Hormones
high testosterone is linked to criminal activities
▪ Brain Injuries
brain injuries increase the risk for engaging in crime
o Sociological Theories of Crime
▪ Anomie and Strain Theories
a group or one person lacking morals
▪ Social Disorganization Theory
crime rises where people are unable to work together
o Differential Association Theory
criminal behavior is learned from interacting with others
o Labeling Theory
you’re more likely to act the way you’re labeled
o Social Learning Theory
learning criminal behavior from observing and imitating others.
VICTIMIZATION
Victimization - Individuals harmed by another’s actions.
What strategies and policies are implemented to support those who have experienced
victimization?
● Reagan's Task Force on Victims of Crime was set into place in 1982.
● Victims and Witness Protection Act of 1982 provided legal protections for victims and
witnesses of crimes, aiming to reduce intimidation and improve participation in the justice
system.
● Passed in 2004, the Crime Victims Rights Act, CVRA, expanded legal protections and
participation rights for victims in federal crimes. Key rights under CVRA include
protection from the accused, so victims have the right to be reasonably protected from
the perpetrator through the legal process. They also have the right to notification of legal
proceedings, so they must be informed of court appearances, hearings, and other
significant updates about the court case. Victims also have the right to attend and
participate in public court and district court proceedings involving the accused. Victims
also are entitled to consultation with the prosecuting attorney during key stages of the
legal process. Victims also have the right to timely and full restitution, ensuring financial
recovery from losses resulting from the crime. The speedy trial also applies to victims'
rights, so the accused must face a timely trial to minimize the impact of delays on the
case, which could be harmful and traumatic for the victim.
● Victims are also guaranteed to be treated with dignity, respect, and fairness through the
justice process through the Crime Victims' Rights Act of 2004.
● Students' Right to Know and Campus Security Act of 1990 requires colleges and
universities to disclose information about campus crime and security policies.
● Hate Crime Statistics Act, also of 1990, mandates the collection and publication of data
on hate crimes categorized by race, religion, sexual orientation, and ethnicity.
Exam 1 Study Guide
● The Victim's Right Restitution Act of 1990 establishes services and support for federal
crime victim,s including counseling, compensation, and information about their rights.
● The Violent Crime Control and Law Enforcement Act of 1994 introduced reforms to
address violent crime, emphasizing crime prevention and funding law enforcement and
community programs.
● Violence Against Women Act, also known as VAWA, in 1994 provided funding through
grants to investigate and prosecute violent crimes against women. This focuses on
domestic violence and intimate partner violence and helps women obtain restraining
orders and file civil lawsuits.
● In 1996, we saw Megan's Law, which requires states to establish sex offender registries
and notify communities about the presence of sex offenders within their areas.
● The Crime Victims and Disabilities Awareness Act of 1998 promotes awareness and
data collection on crimes committed against individuals with disabilities.
● And the Trafficking Victims Protection Act, the TBPA, of 2,000 provides grants to
enhance laws against domestic violence and stalking. It offers additional aid and
protection to victims who are immigrants, disabled, or elderly.