criminal justice final

Arraignment

This occurs before their trial where they are appointed counsel, informed of charges, and plea is entered.

Due process perspective

Treating fairly all accused of crimes in a fair and unbiased manner.

Crime control: pros

Pros: crime deterrent, safer society, and long-term financial savings

Crime control: cons

Cons: public discontent and innocent people could become victim to this model

Rehabilitation: examples

Examples: education and mental health programs

Rehabilitation: goals

Goals: reduced recidivism rates, reintegrate offenders, and give them a better life after prison.

Equal justice: examples

Examples: providing legal aid to low income communities

Equal justice: goals

Goals: creating equal access to legal representation by addressing the struggles minorities face and eliminating bias in the legal system.

Supervised Own Recognizance

Allows a defendant to be released from jail without paying bail in exchange for abiding by two conditions set by the court (regular check-ins).

Crime control perspective

Controlling dangerous offenders to protect society through harsh punishment as a deterrent. This perspective waves legal technicalities that could set a guilty person free.

Restorative justice: examples

Examples: a thief returns or replaces an item and apologizes to victim. Counseling/conference between victim, offender, and their families to discuss how this incident affected them and how they can move forward.

Restorative justice: goals

Goals: to make amends and heal communities by giving offenders the opportunity to apologize and repair and giving victims closure.

Property crimes

Theft (Larceny, extortion, embezzlement, false pretenses, forgery) and Property damage/invasion crimes (arson, criminal mischief, trespassing, burglary, cyber crime)

Public order crimes

Typically victimless crimes that interfere with societal operations such as Prostitution and substance abuse.

Economic crimes

White-collar crimes (tax evasion, credit card fraud, bank fraud) and corporate crime (price fixing, false advertising, antitrust violations)

Malum in se

Inherently wrong/universally deemed evil (e.g., Murder)

Malum Prohibitum

Wrong because it is prohibited (e.g., Jay walking and prostitution)

General deterrence

Depends on fear of consequences/criminal penalties VIA certainty of punishment. This applies to the general population.

Specific deterrence

Punishment should be severe enough to convince offenders never to repeat criminal activity. This targets the prison population not general.

Biochemical factors

Violent crimes are often a result of diet, vitamin intake, hormone imbalance, or food allergies.

Neurological factors

Criminals and delinquents suffer from brain impairments that relate to antisocial behavior.

Genetic factors

Criminal traits and predispositions are inherited.

Psychodynamic theory

Problems during early development cause an imbalance in personality.

Fourth Amendment

Protects against unreasonable search and seizure (privacy is interpreted).

Fifth Amendment

Prevents double jeopardy and allows the offender to remain silent.

Sixth Amendment

Right to a speedy, public, and jury trial; right to confront accusers/witnesses; right to compulsory process; right to an attorney.

Eighth Amendment

No excessive bail, no excessive fines, and no cruel or unusual punishment.

Four levels of law-enforcement

Federal, state, county, municipal.

Department of Justice (DOJ)

The legal arm of the federal government headed by the Attorney General, empowered to enforce all federal laws.

Department of Homeland Security (DHS)

A cabinet-level agency formed after 9/11 to prevent terrorist attacks and minimize damage/aid in recovery.

No-knock warrant

A warrant that allows police to enter without announcing their presence in advance to protect evidence or police.

Kansas City Experiment

The first large-scale scientific study of law enforcement practices, focusing on preventive patrol.

Kansas City experiment: results

There is little the Police can do to reduce crime; variations in patrol techniques have no effect on citizens' attitude toward police or crime rates.

police department organization

Hierarchical structure: police chief is at the top and the two main departments are patrol and investigation.

Requirements for a warrant

1. In front of a magistrate 2. Probable cause under oath. 3. State with particularities.

During execution of warrant

Police must:

1. Announce authority

2. State the purpose

3. Must be refused entry

Exceptions for (20 seconds) time restraint

1. Occupant already knows the authority and purpose

2. Occupants are in peril 3. The officer's peril

4. Occupants might escape or destroy evidence.

Plain touch doctrine

When officers are performing a lawful patdown and they feel something that could be a weapon or contraband, they have the right to turn out their pockets.

Stop and frisk: length of detention

General rule is 20 minutes, the time it takes to write a ticket.

Plainview doctrine

If an officer has a right to be in a place and witnesses illegal activity or contraband, he can intervene without violating the 4th amendment.

exclusionary rule

Fruit of a poisonous tree doctrine: evidence discovered through the violation of a fourth amendment must be dismissed.

Purpose of Exclusionary Rule

Punish police for misconduct and violations.

Why bail?

1) making sure people show up

2) protect the public

Surety Bond

Pay a 3rd party (bond company/bondsmen) 10% to post bail for you.

Released on recognizance

Released without bail upon their promise to return for trial.

Supervised own recognizance

Released without bail but with requirements such as regular reports to court.

voir dire

Jury selection process 'to speak the truth'.

Auburn System

Prison reform in 1790, based on concept that solitary confinement would induce meditation and moral reform; actually led to many mental breakdowns; Auburn system, 1816, allowed congregation of prisoners during the day

Tucker telephone

An electrical device attached to the genitals of inmates that delivered severe shocks as a form of torture; formerly used at an Arkansas prison farm.

Pennsylvania System

A system of prison administration in which inmates lived in solitary confinement, total silence, and religious penitence as the way to prevent future criminal behavior.

Criminal Justice assembly line

the criminal justice system is treating cases like products in a factory, moving them through quickly and without much attention to the individual circumstances of each case. 90% of cases are settled outside of court.

court room working model

1. Judge

2. Prosecution

3. Defense

Consensus Theory

Laws represent the agreement of most of the people in society that certain acts should be prohibited by the criminal law

Conflict Theory

a theoretical framework in which society is viewed as composed of groups that are competing for scarce resources

Type of Informants

criminal/confidential

Citizens

Anonymous

Nol Pros

a prosecutor's decision to drop charges

Sentencing Goals

-retribution

-incarceration

-deterrence (general and specific)

-rehabilitation

-restoration