Criminal Law Midterm

What is the criminal legal system?

• network of institutions, policies, and practices aimed at maintaining social control and deterring crime through sanctions and rehabilitation

what are the purposes of the criminal legal system?

• criminal control

• rehabilitative

• due process

• restorative justice

• non-intervention

overall, serves to uphold societal norms and values by addressing criminal behavior and providing mechanisms for punishment and rehabilitation

what are the components of the criminal legal system?

cops - enforcing laws, making arrests, investigating crime. first point of contact

courts - handle legal proceedings, determine guilt, impose sentences based on the law.

corrections- administers punishment and supervision

what is an infraction?

the least serious category of criminal violation, often resulting in fines.

example: running a stop sign

What is a misdemeanor?

more serious than infractions but less severe than felonies, typically punishable by fines or short-term imprisonment

example: shoplifting less than $1,000 worth of merchandise

what is a felony?

the most serious category of criminal offense, often resulting in significant prison time

example: murder

explain the wedding cake model

it is a hierarchical model illustrating how different criminal cases are processed based on their severity.

at the bottom, largest layer is misdemeanors and infractions

the second layer is lower level felony cases - such as theft above 1,000 dollars, usually resulting in plea bargain

the third layer is upper level felony cases - violent crimes like rape or robbery

the fourth and smallest layer is high profile cases- involving famous people or heinous crimes.

explain the sequence of the criminal justice process in simple terms

1. crime is committed

2. crime is reported

3. arrest

4. charges filed

5. plea bargaining

6. trial or guilty plea

7. sentencing

8. appeals

explain the sequence of the criminal justice process in longer terms

1. response to crime: initial reporting or discovery of a crime

2. entry into the system: investigation and identification of suspects by law enforcement

3. prosecution/ pretrial services: prosecutors decide on charges and pretrial conditions

4. adjudication: legal determination of guilt through trial or plea

5. sentencing/sanctions: court imposes legal penalties

6. corrections:administration of punishment and rehabilitation

7. release/reentry: offender’s return to society and potential recidivism

what is a plaintiff?

the person doing the suing

what is a defendant?

the person being sued or charged

what is a prosecutor?

government lawyer who brings criminal charges against a person

what is a lawyer?

also known as an attorney, or counsel, a professional trained to advise clients on legal rights and represent them in legal proceedings

what is an appellant?

the party that lost at the original court, filing the appeal

what is an appellee?

the party that won at the lower courts, must defend the lower courts decision

what is the matrix of domination?

multiple social categories- race, gender, class, sexuality, and age- interlock to form an overarching system of power, privilege, and oppression

what does the matrix of domination do?

shapes access to systems of social control and social opportunity

what is the white racial frame and what does it do?

sees white deviants as sick- in contrast to victims and offenders of color

those of color are seen as irredeemably evil- guilt assumed, and punished accordingly

explain the foundations of criminal justice and our notions of crime

analysts have argued that the foundations of criminal justice are rooted in racism and classism, and our notions of crime and criminal justice have served the primary function of social control of people of color and the poor

explain the increased rate of incarceration

the increased rate if incarceration can be traced to the war on drugs and the rise of lengthy mandatory minimums, prison sentences for drug crimes and other felonies.

these policies have proliferated, not in response to crime rate or any empirical data that indicates their effectiveness, but due to new found sources of profit for prisons.

what types of crimes account for the bulk of the increased prison population?

drug crimes

explain the prison industrial complex as a machine

the prison industrial complex is a self-perpetuating machine where the vast profits and perceived political benefits lead to policies that are additionally designed to ensure an endless supply of 'clients' for the criminal justice system.

what type of policies ensure that the criminal justice system will have more clients?

• enhanced police presence in poor neighborhoods and communities of color

• racial profiling

• mandatory minimun and three strike sentencing

define stigma

the co occurrence of its components- labeling, stereotyping, separation, status loss, and discrimination

set of negative beliefs held about a characteristic, condition, or behavior

what must be exercised for stigmatization to occur?

power

what are the elements of stigmatization?

1. distinguishing and labeling differences

2. associating labeled differences with negative attributes

3. differentiating between “us” and “them” based on labeled differences

4. the devaluation and discriminatory treatment of labeled individuals, all of which:

5. occur within the context of and serve to perpetuate differences in social, cultural, political, and economic power

what is the amount of stigma that people experience shaped by?

the relative power of the stigmatized and the stigmatizer

explain the justifications for punishment

retribution- societal counterpart of individual revenge, where you pay debt to society, not the harmed party

deterrence- perceived punishment will serve as a warning

rehabilitation- purpose of punishing is to reform or resocialize

protection- society reaffirms its values in reacting to and punishing wrongdoers

what has to be happening at the same time for a criminal act to happen?

actus reus: evil act (crime) and mens rea: evil thought (intent)

explain the levels of proof

bottom level- reasonable suspicion

second level- probable cause

third level- preponderance of evidence

fourth level- clear and convincing evidence

top level- beyond a reasonable doubt

what is reasonable suspicion?

an officer needs specific articulable facts for a stop

what is probable cause?

facts and circumstances that would lead an ordinary person to believe that a crime may have been committed.

what is a preponderance of evidence?

greater weight of the evidence. accusations are more likely than not to be true. this is the standard in civil cases.

what is clear and convincing evidence?

requires a firm belief and conviction of the truth

what is beyond a reasonable doubt?

the highest burden of proof; requires the elimination of every reasonable doubt

why do we need deviance?

• promotes conformity so we all act "normal"

• clarifies boundaries between different groups

• strengthens the censuring group

• warn non-deviant majority that they should continue to act "right"

• social control regulates behavior within a society

explain the connection between law and capitalism

laws are shaped by capitalism - for example, criminalizing vagrants or people who are not working

favors people who own things - laws benefit certain people

when did the rise of capitalistic law begin?

around the 1800s- with property being a forefront concern

what is the normalization of coercion

people are coerced into doing things like risking their health for the sake of their job (capitalism)

explains why things like workplace hazards or air pollution are not criminalized in the same way that street crime is

people have little say because they work for someone else

what are the negative effects of stigma?

• internalization of stigma attitudes

• discrimination (individual and institutional)

• perceived stigma

• shame and embarrassment

• social exclusion

what was the progressive era and what did it lead to in relation to juveniles?

time period 1890-1920

US experience significant social change, marked by large waves of immigration and a dramatic increase in urbanization

these factors led to more youth on the streets, which led to more children involved in juvenile crime

what where the three early juvenile institutions?

houses of refuge - focused on discipline, education, trade skill; apprenticeships

new reformatories - cottages/farms with an emphasis on physical labor

female institutions - teaching domestic and childrearing skills

when was the first juvenile court established?

1899 - in denver and chicago

what is white deviance typically interpreted as?

as an individual aberration, bad choice, or mental illness requiring treatment or rehabilitation

what is the criminalization of blackness?

the white racial frame constructs blackness as inherently synonymous with criminality.

Media depictions and cultural narratives play a central role in reinforcing archetypes that criminalize black individuals

explain the mirror paradigm

The sociological principle that legal systems are not universal. divinely inspired or transcendent, but are social products that evolve in tandem with economic, cultural, and social structures.

what is mechanical solidarity?

term created by Durkheim

homogenous societies with a strong “collective conscience” utilize repressive law (punishment to reinforce shared moral boundaries)

what is organic solidarity?

complex, interdependent societies with a high division of labor rely on restitutive law (restoring the pre-offense status quo).