CJUS 1511 Final Exam Study Guide

U.S. System of Guilt and Innocence

The criminal justice system operates on the principle that the state must prove the defendant’s guilt beyond a reasonable doubt.

Pretrial

Legal procedures before the trial starts (e.g., bail hearings, pretrial motions).

Trial

The actual court proceedings where the case is presented.

Post-trial

Includes sentencing and appeals after a conviction or acquittal.

Epistemological Function

Establish the guilt or innocence of the defendant.

Symbolic Function

Reflects the values of justice, fairness, and state power, symbolized by Lady Justice.

Adversarial Justice

Two sides “fight it out”: Prosecution and defense present their cases.

Judge

Finder of law, ensuring legal procedures are followed.

Jury

Finder of fact, determining the truth based on the evidence presented.

Burden of Proof

The prosecution must prove the defendant's guilt, not the defense proving innocence.

Brady Rule

Prosecutors are to disclose exculpatory evidence to the defense in criminal cases (before the trials begin).

Exculpatory Evidence

Evidence that makes the defendant look innocent (e.g., Alibi, new witnesses). Adnan Syed.

5th Amendment

Protects against self-incrimination, ensuring the defendant cannot be forced to testify against themselves.

Affirmed in: Miranda v. Arizona (anything you say will be used against you).

Plea Bargains

Negotiations where the defendant agrees to plead guilty in exchange for a lesser sentence or charge. Capital cases cannot be plea-bargained.

The Courtroom Workgroup

All participants (prosecutor, defense, judge, bailiff, clerk, court reporter, etc.) work together to keep the process moving smoothly.

The Prosecutor

Most Powerful Person in the Criminal Justice System. Holds significant power due to prosecutorial discretion and is often a stepping stone to a political career.

The Defense

Beholden only to the defendant, responsible for providing a zealous defense. Every defendant is entitled to effective counsel (6th Amendment).

6th Amendment

Right to a speedy and public trial, as well as the right to counsel. Affirmed in Gideon v. Wainwright.

Adjudication

The legal process of determining guilt or innocence in a trial.

Jury Selection

A process where potential jurors are screened for bias or ability to serve impartially.

Opening Statements

Both sides introduce their case, but no evidence is presented yet.

Presentation of Evidence

Each side presents physical, testimonial, and documentary evidence to support their arguments. (Direct –directly links individual to the crime (videotape) vs circumstance- jury must infer (fingerprints, DNA).

Closing Arguments

Final opportunity for both sides to summarize their case and persuade the jury.

Judge's Charge to Jury

Instructions given to the jury on how to deliberate and the laws they must apply.

Jury Deliberation

The jury discusses the case in private, trying to reach a verdict.

Verdict

The jury announces its decision: guilty or not guilty.

Sentencing

If the defendant is found guilty, the judge will impose a punishment.

Deterrence

Prevent future crimes by making the punishment outweigh the reward.

Incapacitation

Removing offenders from society to prevent further harm.

Rehabilitation

Reforming the offender so they can rejoin society as law-abiding citizens.

Retribution

Punishing offenders to pay for their wrongdoing.

8th Amendment

Prohibits cruel and unusual punishment.

Premodern Punishments

Exile, Corporal Punishments, Enslavement, Humiliation: Historically used before the rise of modern prisons.

Philadelphia

First modern penitentiary focusing on solitary confinement.

Auburn

Introduced a system where prisoners worked together in silence but were housed separately.

Indeterminate Sentencing

Prisoners can be held or released based on behavior (e.g., parole, probation).

Martinson Report

A study that questioned the effectiveness of rehabilitation in prisons, leading to changes in sentencing and incarceration policies.

Truth-in-Sentencing Laws

Laws requiring offenders to serve a substantial portion of their sentence before being eligible for parole.

State Systems, BOP, Military Prisons

Varying types of correctional facilities.

Total Institutions

Concept by Erving Goffman; all aspects of life under the same authority (e.g., prisons).

Guards and Abuse

Officers may become abusive or overly familiar with inmates, and inmates can develop dependencies.

Stanford Prison Experiment (1971)

Demonstrated how roles of authority and subjugation lead to abuse.

Prison Gangs

Around 12-17% of inmates are gang members involved in trafficking, violence, and contraband. These gangs are organized and rely on loyalty and leadership.

Prison Rape

Approximately 1-2% report unwanted sexual acts in prison, though it remains underreported.

Miranda v. Arizona

Established the Miranda Rights, requiring police to inform suspects of their rights during an arrest.

Batson v. Kentucky

Prohibited racial discrimination in jury selection.

Gideon v. Wainwright

Guaranteed the right to counsel for defendants who cannot afford it.(If you cannot afford one, one will be appointed to you).

Documentary: The Plea

Explores the impact of plea bargaining.

Podcast: Ear Hustle Episode 4

Provides insights into life inside prison.

Video: Simbardo Prison Experiment

A study on how individuals adapt to roles of authority and subjugation.