CJS 210 Midterm

Doing Justice

fairness and equality in the treatment of people in the system

Controlling Crime

by arresting, prosecuting, convicting, and punishing those who disobey the law.

Preventing Crime

the deterrent effect of the actions of the police, courts, and corrections; punishment for those who violate the law but also provide as examples that will keep others from doing the same.

Advancing Goals: Evidence-Based Practices

Policies developed through research that demonstrate which approaches are most useful and cost-effective

federalism

a system of government in which power is divided between a central (national) government and regional (state) governments

Federal

Federal Bureau of Investigations (FBI), Drug Enforcement Administration (DEA), Secret Service, and other federal agencies.

Local

Bureau of Criminal Apprehension (BCA), State Patrol, County, City, and the Department of Natural Resources (DNR). 

Discretion

officials’ freedom to act accordingly on their own judgement

The authority to make decisions without reference to specific rules or facts

Criminal justice is

a social system

Police

Enforce specific laws, investigate specific crimes, search people, vicinities, buildings, arrest, and detain.

Sequential Tasks

the police make an arrest; the case is passed to prosecution to see if charges should be brought. If there will be charges, the case goes to court. If the court finds the person guilty, the person will then be in referred to corrections.

Filtering

at each stage, some defendants will be sent to the next stage in the system, others will be released.

Prosecutors

file charges or petitions for adjudication, seek indictments, drop cases or charges, and reduce charges.

Judges

Set bail and/or conditions of release, accept pleas, determine delinquency, dismiss charges, impose sentences, revoke probation

Corrections/ probation

Assign people to a specific type of correctional facility, award privileges, punish for infractions of rules, determine date and conditions of parole, and revoke parole.

dual court system

a separate judicial system for each state in addition to a national system.

Arrest

Involves physically taking a person into custody pending a court proceeding. Also, can be in the form of a citation (ticket). 

Warrant

A court order issued by a judge authorizing officers to take certain actions

Initial Appearance

Within reasonable time after the arrest, a person must be brought before the judge.The initial appearance date is given on the citation or criminal complaint if held for court.

Misdemeanors

Lower-level offenses such as 5th degree domestic assault, assault, DUI, theft, disorderly conduct, other traffic violations

Offenses less serious than felonies and usually punishable by incarceration of no more than one year in jail or by probation

Gross Misdemeanors

Higher level misdemeanors, enhancements and other crimes such as, 911 interference, school bus stop arm violation

Felony

Highest level of crime in the Minnesota. Theft, homicide, burglary, DUI, criminal sexual conduct.

Serious crimes usually carrying a penalty of death or of incarceration for more than one year in prison

Disparity

a difference between groups. The differences may be explained by legit factors or discrimination

Discrimination

when groups are treated differently without regard to behavior or qualification.

Visible Crime

Street crimes, crimes you can see. Acts the public deems as “most” criminal. These crimes take up the majority of law enforcement resources

Property Crimes

Acts that threaten property held by individuals or by the state

Public-Order Crimes

Acts that threaten the general well-being of society

Occupational Crime

Legal or professional crimes

Transnational crime

Profit seeking criminal activities that involve planning or execution across international borders

Victimless crimes

Involves a willing and private exchange of goods and services that are in high demand but illegal, those involved do not feel like they are being harmed

Cyber crime

the use of computers and the internet to commit acts against people, property, public order, or morality

Uniform crime report

how crime is measured and tracked in the U.S; Only counts 1 crime, does not include all crimes committed during the event

Victimology

The study of the victims of crime and the psychological effects on them because of their experience. Researchers gave very little consideration to crime victims prior to 1950

Routine Activities Theory

Crime and violence happen when: Motivated Offender, No Guardians, Suitable Target

The Classical School

Prior to this, the CJ system was based on things like religious beliefs. There was not scientific evidence behind theories of why people committed crimes

Classic Criminology

A school of criminology that views behavior as a from free will, demands responsibility and accountability of all perpetrators, and stresses the need for punishments severe enough to deter others.

The punishment should fit the crime rather than the person who committed it

Cesare Lombroso

Physical traits distinguished criminals from law-abiding citizens; Certain people are born criminals

Social Structure Theories

All about social class. Wealth, status, and power and how they relate to crime

Labeling Theory

Stress the social process through which certain acts or people are labeled as deviant

Control Theories

Social links keep people in line with accepted norms.

Differential Association

Learned behavior from family, brothers, sisters, parents, and peers. When a person grows up in this environment, they are likely to become a product of it

Learning Theories

criminal activity is learned from: Behavior is learned and the lifestyle is learned & From peers and family

Critical Criminology

Theories that assume criminal law and the criminal justice system are primarily a means of controlling the lower class, women, and minorities

Social Conflict Theories

Theories that view crime as the result of conflict in society; conflict between economic classes caused by the elites using the law to maintain power

Feminist Theories

Theories that criticize other theories for ignoring or undervaluing women's experiences. Differences between men and women in treatment while also integrating things such as race and social class

Civil Law

Business deals, contracts, divorce, real estate, and so on. (Can become criminal)

Bird law!

the legal semantics of any sort of bird-related crime

Procedural Criminal Law

How laws will be enforced. Protects the constitutional rights of defendants and provides guidelines for criminal justice professionals to follow.

Felonies

Civil Infractions

Minor offenses that are typically punishable by small fines and produce no criminal record for the offender

The four elements of a crime

Intent, Desire, Ability, Opportunity

Legality

Offensive and harmful behavior is not illegal unless it has been prohibited by the law before it was committed. Ex post facto laws

Actus reus

A person may not be convicted of a crime simply because of their status. The state can prosecute for using, possessing, selling, or transporting drugs, but not for being addicted to the drug(s)

Causation

There must be a relationship between an act and the harm suffered

Harm

a crime, an act (or failure to act) must cause harm to a legally protected value

Concurrence

Intent must be present at the same time as the crime. Cannot have one without the other

Mens rea

Much like intent. “Guilty mind” or blameworthy state of mind. “Legally insane”

Punishment

Provisions in the law calling for punishment of those found guilty. May carry social stigmas, criminal record, loss of freedom, and loss of rights

Self-Defense

Laws in most states recognize the right to defend ourselves from an attack, to protect property, and to prevent a crime

Necessity

When people break the law in order to protect themselves

Duress (Coercion)

When someone commits a crime because they have been forced to by another person

Entrapment

Can be used to show lack of intent to commit a crime. The law excuses a defendant when it is shown that government agents have induced the person to commit a crime

Infancy

Children under the age of 7 are excused by the law. They do not have the mental capacity to understand their behavior and the consequences. Children 7-14 are not liable for their criminal acts

Mistake of Fact

When the accused person has made a mistake on some crucial fact, beyond ignorance of the law

Intoxication

not a defense unless the person was tricked into consuming a substance

Insanity

Less than 1% of defendants are found not guilty based on…

Excused Defenses

The actor and whether They possessed the knowledge or intent needed for a criminal conviction

Bill of Rights

The first 10 Amendments of the U.S. Constitution

4^th Amendment

Searches, Seizures, Reasonableness

5^th Amendment

Right against double jeopardy and self-incrimination; OJ simpson

6^th Amendment

Right to counsel and fair trial: When you get an attorney, Speedy and public trials, Right to impartial jury

8^th Amendment

Free from excessive bail and fines, free from cruel and unusual punishment

Limited Authority

Power, responsibilities circumscribed by law. Police must act within realms of the law; police must protect civil liberties

Local control

Local jurisdiction. Each law enforcement agency is under control of local community. As of 2023, there are 17,958 police agencies in the U.S.

No national police force

Fragmented organization

There are many organizations with their own jurisdiction 

Frankpledge

A system in old English law in which members of a group of 10 families, pledged to be responsible for keeping order and bringing violators to court

Metropolitan Police Act

 created the London police force

Peel’s 4-part mandate

1. To prevent crime

2. To maintain public order

3. To reduce conflict

4. To show efficiency

Watchman System

Practice of assigning individuals to night observation duty to warn the public of fires and crimes.

Slave Patrols

American form of law enforcement in Southern states that sought to catch and control slaves.

The Professional Model Era

Greatly influenced by the Progressive movement, upper-middle class, educated Americans with these two goals:

1. More efficient government

2. More government services to assist the “less fortunate”

Broken Window Theory

police need to spend more time on “little problems” such as maintaining order, providing services, and adopting strategies to reduce fear of crime.

Police subculture

Is created by symbols, beliefs, values, and attitudes shared by members of a subgroup within the larger society

External Stress

Produced by real threats and dangerous encounters. Entering dark buildings, gun calls, alarms, medicals, and pursuits

Organizational Stress

Changing schedules, irregular work hours, detailed rules and procedures.

Personal Stress

Racial or gender stress among peers. Social isolation

Operational Stress

Dealing with the worst of the worst. All citizens become suspects, having to face danger and protect citizens who seem hostile.

The Ferguson Effect

is a hypothesized increase in violent crime rates in a community caused by reduced proactive policing due to community distrust and hostility towards police

Domestic Violence

Intimate partner violence, spouses, boyfriend and girlfriends, and those formally in intimate relationships

Patriot act

a comprehensive anti-terrorism law that implements a broad array of measures aimed at increasing national security, improving surveillance of terrorist activities, easing information sharing, and combating money laundering

Search

Government officials’ examination of a hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectation of privacy.

Reasonable Expectation of Privacy

The standard developed by the courts to determine whether a person or property constitutes a search

Stop

Government officials’ interference with an individual’s freedom of movement for a duration of time that typically lasts less than one hour and only extends for as long as several hours.

Reasonable Suspicion

A police officer’s belief, based on articulable facts that would be recognized by others in a similar situation, that criminal activity is occurring and necessitates further investigation that will intrude on an individual’s reasonable expectation of privacy.

Probable Cause (PC)

Reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime.

exists when sufficient evidence is available to support the reasonable conclusion that a person has committed a crime.

is the standard needed to make an arrest.

Consent

A person can waive their rights and give an officer permission to search without a warrant

Hot Pursuit

The police can chase an individual wanted for a crime anywhere they go (even someone else’s house) as long as they maintain continuous sight

Inventory

To protect police from allegations of wrongdoing, theft, or damage, police preform inventory searches