Criminal Justice Final

Critical Thinking

Your objective analysis and evaluation of an issue…

In which, you question, analyze, interpret, and evaluate information…

In order to form an objective, independent judgment about what you read or heard.

subjective

a subject’s individual opinion; “subject” to personal bias in their “safe” space.

objective

objects of impartial fact, an “object” of undisputable fact in our reality.

who was the matrix created by?

Eisenhower

what is the matrix?

It decided matters 2 ways under their importance and urgency which is then placed in a 2×2 grid.

Eisenhower matrix 1st box

Important and Urgent. Do one at a time and do it right.

eisenhower matrix 2nd box

Important but not urgent. Decide 2 or flip for them on schedule.

eisenhower matrix box 3

Not important but urgent. Delegate 3 to a trio.

eisenhower matrix box 4

Not important and not urgent. Delete 4 really.

Chronological age

that’s the number you can measure by birthday candles on the cake; counting each

year with another trip around the sun on this rock we call earth.

biological age

measure of our

cellular function. How neuroplastic our mind is, or how recoverable our body is after an injury. It’s looking at how

old our body acts on a cellular level. This reflects our overall health and how the body’s systems and brain are

functioning. After chrono-age 1-2, the bio-age rarely lines up, especially with cognitive function.

True or false stress adds years to your life?

True

Key points Lecture 1: Criminal Justice Today.

Critical Thinking

 Objective Reality

 Subjective Space

 The Matrix: Time & Task Management

 Tier I, II, III, and IV criteria*

 “Dreams… without goals, are just dreams.”

Jurisprudence

the theory of law

what are the 2 leading models to criminal justice theory?

1. Due process model

2. Crime control model

Crime Control Model

• Conservative lens

• Criminal Justice = product

• Focus = rights of victims

• emphasis = Preventing crime victims and causation of the “criminal act”

• Measure = statistics and crime rates: ex. violet crimes and convictions

• Quantitative model: ex. x tickets

Due process model

• liberal lens

• criminal justice = “process”

• focus = rights of the accused

• emphasis = prevention of defendants and causation of the criminal offender

• Measure = policies and case law ex. Miranda and use of force

• qualitative model = z’s experience in jail

5th and 4th amendment prohibit

Deprivation of life, liberty, and property without due process of law.

crime control protects

life, liberty, and the pursuit of happiness

what is the rule of law?

Crime control even though due process is written twice in the constitution. This is because of legal precedent.
Crime Control predates and precedes our Constitution (1787), as held in the Declaration of Independence (1776).
Constitution is our original statutory law; the Declaration is our first case law. Both hold the same rule of law.

Jurisprudence is found on what

due process and our presumed innocence until proven guilty beyond a reasonable doubt

Justice Functions through a balance of

crime control and due process models of jurisprudence. Balance hinges upon Individuals of a Responsible Citizenry, Procedural Justice, and Systemic Legitimacy.

Procedural Justice

the implementation of fair and equitable procedures in the administration of justice

systematic legitimacy

the public’s acceptance of + the public’s cooperation with + and public’s respect for = the authority of law including all law enforcement, courts, and corrections in a society. Systemic legitimacy is built upon procedural justice within the courts and public faith in the police and the overall criminal justice system

Caminetti v. U.S. (1917)

set a legal doctrine of precedent for interpreting the language of a text.Words used must be taken in context, as written, and as to be understood by “reasonable” person.

• Reasonableness is a theme intertwined within many legal doctrines all with their very powerful holdings

constitutional law

Fundamentals set w/pass. 2/3 both chambers + 3/4 ratification. Gov’t. Structure (e.g., Line of Succession); Rights of Citizens

what are the 4 types of law?

1. constitutional law

2. statutory law

3. administrative law

4. common law (case law)

statutory law

Written + passed by legislatures + signed by chief executive. Levels = U.S.C. & CFR + Florida Statutes + County Code + Municipal Ordinances.

Administrative law

Created by executive agencies regulating a specific area of responsibility. F.A.C. (e.g., Natural Resources; Healthcare); Rules of Procedure.

common law (case law)

Established by individual judges in court cases, sets precedent but appealable. Poe v. St. (2025); “SFST” vs. “E”; Retro. Extrap

A singular element in all four types of law

reasonableness

reasonableness

moderate, fair, prudent; supported and justified; of sound judgement;

... appropriateness for the facts and circumstances; within reason.

reason

ationale grounded upon intelligible fact; summarily sufficient; logically defendable;

...comprehensive thinking in rational ways, with proper use of the mind, and in the sum of intellectual powers

objective

ealing with facts or conditions as perceived without distortion;

absent personal feelings, prejudices, or interpretations; a test reducing subjective factors to a minimum;

having an independence of the mind; deriving from a sense of perspective based on experience

what is the gold standard of analysis

objective + reasonableness

what is a UFO event

Use of Force event

what is RTR

response to resistance.

The physical effort required by an officer or other person to compel compliance from a resisting subject.

It is the most serious decision an officer ever has to make, that they must be made in an instant. ...This is it. ...because this could be it. RTR events are life-changing. ...They can be life-ending.

Graham v. Connor,

490 U.S. 386, (1989)

The test for reasonableness under the 4th

Amendment is not capable of precise

definition or mechanical application.

Police officers are often forced to make

split-second judgments

– in circumstances that are:

(1) tense,

(2) uncertain, and

(3) rapidly evolving

– about the amount of force that is

necessary in a particular situation.

The reasonableness of a particular use of

force must be judged from the perspective

of a reasonable officer on that scene,

Not with the 20/20 vision of hindsight.”

Totality of Circumstances test

consideration of ALL relevant factors - without focusing on any ONE fact, detail, or subset thereof.

What are the rules of engagement?

objective reasonableness and reasonable suspicion

F.S. § 790.25 Lawful ownership, possession, and

use of firearms and other weapons.

2) LAWFUL USES. — ...The following persons may own,

possess, and lawfully use firearms and other weapons,

ammunition, and supplies for lawful purposes if they are not

otherwise prohibited from possessing a firearm under the

law:

(h) A person engaged in fishing, camping, or lawful hunting

or going to or returning from a fishing, camping, or lawful

hunting expedition.

Objective Reasonableness test

Reasonable and Necessary

to another prudent officer

+

If given the same set of facts and

totality of circumstances

+

Without the use of hindsight.

Use of Force is limited to

What an objective officer believes...

2) Is reasonable and necessary to

a.) overcome resistance and/or

b.) compel compliance from someone...

3) Without the benefit of hindsight.”

Color targets

Green are less-lethal target areas with minimal injury risk.

Yellow are likely to produce a moderate injury.

Red are deadly force, high risk of SBI, varying by weapon.

Graham test

WO-FOLD TEST for Using Deadly Force

The use of deadly force is justified

- IF –

(1) The subject’s actions pose a threat of

death or great bodily harm to others.

– AND -

(2) The officer failing to act with use of

deadly force poses a threat of death or

great bodily harm to self or others.

3 big pieces in criminal justice

1. law enforcement

2. courts/judiciary

3. corrections

3 big duties in criminal justice

1. duty to act (all lives)

2. Duty to manage (natural or not)

3. Duty to enact (peace + protection)

1. public safety (all lives)

2. emergency management

3. administration of justice

Procedural justice

implementation of fair and equitable procedures in the administration of justice. All are equal under the law.

Systematic Legitimacy

public acceptance, cooperation, and respect = authority of law. Includes officers, courts, and corrections