CRJ 101

conflict view

Believes that law isn’t created by consensus rather by who is in power that they have the power to change the laws, everyone is not seen as equal under the conflict view

Bail

Not a punishment, bail is set to ensure that you will come to court and if you miss your court date you will be at risk of receiving a bench warrant and will lose your money.

Criminal charges

Beginning of case, criminal charges does not mean a criminal record will be present and they will be able to see what they are being charged with

Mens rea and actus reus

Guilty mind and Guilty act

Crime control

Focused around having an efficient system that controls crimes and suppresses crime to keep society safe

Substantive law

The laws that can define what is and is not a crime which is the laws that tells us what the government needs to prove to establish that a crime has been done these laws make sure that the case is fair and make sure that the crime and charges match

Criminal conviction

Official status that a defendant has been found guilty of a crime

Procedural law

The laws that deals, with the process of criminal cases which focuses on the dye process laws also laws of rights and protections

A crime of omission

When someone is found guilty by not acting in a time of need

Inchoate crimes

Uncompleted crimes which falls under solicitation, conspiracy and attempt

Accomplice liability

If a person commits a crime and you are with that person, planned the crime alongside them or helped in complete the crime because you still had the guilty mind to know that what you were doing was a crime you can be found guilty no matter what happens

Vicarious liability

A person found guilty for the act of another person if they were acting as a agent of another

Getting of on a technicality

Sometimes a person may have committed a crime and their constitutional rights are violated which means that at the cost of their rights being violated a prosecutor cannot seek justice

What is booking

They collect your pedigree information

Name, fingerprints, description, past criminal record, arrest charges and any evidence or property

Arraignment

Also known as a bail hearing which is the first time you will see your criminal charges

Steps to criminal charges

Arrest

Booking

Arraignment

Grand jury

The grand jury decides if there is enough of information and the defendant does not have the constitutional right to testify at a grand jury and a grand jury is only for felons

Plea deal

Judge can reject a plea deal and they get the case closed faster

Pre trial hearing

Before the case begins there is a hearing on the case where the rules are established and where the defense attorney can argue against certain pieces of evidence and the judge establishes what happens

Jury

The people who listens to evidence if a crime and who is the finder of fact they are supposed to figure out what happened and is supposed to be fair. They are not allowed to use outside evidence

Usually 12 jurors with 2-3 alternates

Committed a crime

Actus reus and Mens rea

Charged

Charged with a crime

Convinced

Found guilty and will now face charges

Due process

focuses on having a just and fair criminal justice system for all And when nobody’s constitutional rights are violated it is at its best

Judges

Typically do not create laws, Judges look to the authority of other judges and make their own interpretations

They are bound by precedent while determining rulings

Crime

Anything that violates a statue

Consensus view

criminal law is a reflection of society's shared beliefs, morals, and values, with most citizens agreeing on what actions should be illegal