Criminal Justice in America 1

What are the 4 Key Themes of Criminal Justice?

Individual Rights VS. Public Safety

Public Expectations VS. How the System Operates

Role of Actors, Their Discretion, and Effects of this Discretion

Factual Guilt VS. Legal Guilt

Provide an example for the "Individual Rights VS. Public Safety" theme.

A cop thinks you're a criminal after seeing you at Starbucks. He takes the cup you drank out of and plans to use it for DNA testing. Is this okay???

Provide an example for the "Public Expectations VS. How System Operates" theme.

This theme surrounds the ideas of myths and stereotypes of the system

Ex.) Everyone expects the criminal to suffer in prison, but in the case of Conor McBride, forgiveness from the father came out of left field

Provide an example of "Role of Actors, Their Discretion, Effects of this Discretion" theme.

This refers to the authority of an actor in the criminal justice system

Ex.) A police officer making an arrest, a jury making a verdict, parole boards checking in on criminals

Provide an example of "Factual Guilt VS. Legal Guilt" theme.

Factual guilt is whether or not the person actually did commit the crime.

Legal guilt is whether or not the courts found the person guilty of the crime or not.

Ex.) Someone can be factually guilty but if evidence was obtained illegally/insufficient evidence, then the person can be legally not guilty

Ex.) Someone can be factually innocent but legally guilty due to framing or if the jury is simply swayed in that incorrect direction

What is Civil Law?

A form of PRIVATE law because it governs the relationships between INDIVIDUALS in society

What is an example of Civil Law?

Contracts between parties, company laws, tort

Who are the parties in a Civil Law case?

Individual and Individual

What is tort?

Wronging someone (general term)

Is State of Mind (want/desire) required for civil cases?

Usually not required. Whatever happens happens, and the parties will have to deal with the consequences

What is the usual result of a Civil Case?

Fines

What is Criminal Law?

A form of PUBLIC law designed to prevent or enforce certain types of behavior and punish offenders

Who are the parties in a Criminal Law case?

State and Individual

Is State of Mind required for a Criminal Law case?

Yes, it is usually required

What is the result of a Criminal Law case?

Guilty verdicts that lead to sentences

What is Double Jeopardy, and to which case (Criminal/Civil) is it applied?

Double Jeopardy explains how you cannot be charged with the same crime twice for the same offense

This only applies to Criminal Law trials

What is the corresponding concept of Double Jeopardy in a Civil Law case?

Res judicata

What is res judicata?

It is almost the same concept as Double Jeopardy, but it applies to Civil Cases instead of Criminal Cases

It explains how there can only be one trial for claims arising from one transaction or occurrence

What usually determines jurisdiction (between choices of Federal/State governments) in a crime?

It depends on the type of law that was violated

Ex.) Drug crime = Usually state since the gravity of the crime is not too serious

What are the 3 Traditional Goals of the Criminal Justice System?

1.) Doing Justice

2.) Controlling Crime

3.) Preventing Crime

What are the 3 Principles of the Doing Justice Traditional Goal of the Criminal Justice System?

1.) Accountability = guilty will be punished

2.) Protection of Rights = human/privacy

3.) Fairness, Impartiality, Equality

What are the 2 Different Approaches of the Controlling Crime Traditional Goal of the Criminal Justice System?

1.) Reactive Approach = react to a crime

2.) Proactive Approach = Seeks to deter/avoid crime before it occurs, must eliminate causes of crime (SES issues)

What is non liquet and who must NEVER have it?

non liquet means "It is not clear" and a judge can NEVER have this form of indecision for court cases

What became of the court case R v. Dudley and Stephens Case (1884)

Ship sinks, survivors eat sick passenger after running out of food

Necessity IS NOT a defense for murder

What are the Two Paradigms of Justice?

1.) Utilitarian/Consquentialist Approach

2.) Categorical/Value Approach

What is the Utilitarian/Consequentialist Approach of Justice?

Depends on math/quantity

This works better in other areas like economy

Does not morally account for life in criminal law

What is the Categorical/Value Approach of Justice?

Explains how LIFE is categorically different and invaluable

Life can't be measured nor measured against any other amount of lives

What is Mala in se?

Mala in se describes crimes that are wrong in themselves naturally

Ex.) Murder, rape, physical harm, stealing

What is Mala prohibita?

Mala prohibita describes crimes that prohibited by law but not exactly wrong in themselves

Ex.) Drug use, prostitution, possession

What are 3 Areas where Federal involvement have increased?

Child Pornography

Cyber Crimes

Gambling

What is an example of an Exchange Relationship within the System?

Plea Bargain

When the defendant pleads guilty at the offer of a more favorable conviction from the court

What is the Dual Court System?

Supreme Courts vs. State Courts

What is the Flow of Decision-Making in the Criminal Justice System?

(Steps 1-13)

1.) Investigation

2.) Arrest

3.) Booking

4.) Charging

5.) Initial Appearance

6.) Preliminary Hearing

7.) Indictment

8.) Arraignment

9.) Trial

10.) Sentencing

11.) Appeal

12.) Corrections

13.) Release