Criminal justice exam

chapters 1,4,5,6 pg 260-263 of chapter 7

Criminal justice definition

refers to the agencies that dispense justice and the process by which justice is carried out.

The Criminal Justice System

The system of law enforcement, adjudication, and correction that is involved in the apprehension, prosecution, and control of those charged with criminal offenses. This system employs more than 2 million people and costs more than $450 billion annually.

From 1900 to 1935 the nation experienced 

a sustained increase in criminal activity

in 1829 what Police department was created

The London Metropolitan Police Department (England)

In 1838 what Police department was created 

The Boston police department

In 1844 what police department was created

The New York City police department

The Law Enforcement Assistance Administration provided technical assistance and hundreds of millions of dollars in aid to state and local justice agencies between 1969 and 1982

• to hire more officers

• purchase more and better equipment

• conduct research to improve law enforcement

• send officers to college

Evidence based justice

is a scientific method to determine whether criminal justice programs actually reduce crime rates and recidivism

The Contemporary Criminal Justice System main components

• The police, which investigates and apprehends suspects 

• the court system, which charges, indicts, tries, and sentences offenders

• The correctional system, which incapacitates convicted offenders and attempts to aid in their treatment and rehabilitation

the formal criminal justice process contains how many stages

15 stages

formal cj process 

• initial contact, investigation, arrest, custody, charging, preliminary hearing/grand jury, arraignment, bail/detention, plea bargaining, trial/adjudication, sentencing/ disposition, appeal/postconviction remedies, correctional treatment, release, post release

Police process

• contact

• investigation

• arrest

• custody

Prosecution and defense process

• complaint/ charging

• Grand jury/ Preliminary hearing

• Arraignment

• bail/ detention

• plea negotiations 

courts process

• adjudication

• disposition

• appeal/postconviction remedies

corrections process

• correction

• release

• post release

Informally about _____ percent of cases are handled informally while the other ____ percent is handled formally

90, 10

Informal cj process wedding cake levels 

• level 1 - celebrated cases

• level 2 - serious felonies 

• level 3 - less serious felonies

• level 4 - misdemeanors 

rule of law is divided into 4 categories 

• substantive criminal law

• procedural law (criminal procedure)

• civil law, including torts 

• public or administrative law

The roots of criminal codes can be traced back to what early codes

The Babylonian Code of Hammurabi (2000 B.C.E), The Mosaic Code of Israelites (1200 B.C.E) and the Roman Twelve Tables (451 B.C.E)

Stare decisis 

latin for ‘to stand by decided cases”

Mala in se

crimes that are inherently evil and depraved (such as murder, burglary, and arson)

mala prohibitum

crimes that reflect exsisting social and economic conditions

felonies

the most serious crimes punishable by long imprisonment and even death

misdemeanors 

less serious crimes that are punishable by a sentence to a jail or a fine

violations

violations of local ordinances, like traffic violations or health code violations

Actus reus (guilty act)

that the accused engaged in a guilty act

Mens rea (guilty mind)

That the act was intentional and purposeful

The M’Naghten rule

formulated in England in 1843, someone is insane if they cannot know “right from wrong”, Used in majority of states (NC uses this standard)

The irresistible impulse

Formulated in Ohio in 1834, defines a person as insane when he should know their actions are illegal, but because of a mental impairment, they couldn’t control his behavior, most famous example of this defense is Lorena Bobbitt’s successful use of it in 1994

The Durham rule

set forth in 1854 by U.S. Court of Appeals for District of Columbia Cricut, Accused is not responsible for his unlawful actions if these actions are a product of a “mental defect”

The Insanity Defense Reform Act

Enacted by Congress in 1984 and defines insanity as being unable to “appreciate the wrongfulness of his acts” as a result of “severe mental disease or defecr”

The Substantial capacity test

Defined by the American Law institute, Insanity should be defined as a lack of substantial capacity to control one’s behavior

Substantive Due process

refers to the citizens’ rights to be protected from criminal laws that are biased, discriminatory, and unfair

Procedural Due process

seeks to ensure that no one is deprived of life, liberty, or property without proper and legal criminal process. Basically, that fundamental fairness exists

Herring v. United States

• controversial case based on paraphernalia found 5 months after a warrant had been withdrawn

• U.S Supreme Court let the conviction stand, ruling that the errors in the case did not amount to deliberate police misconduct

A tithing 

10 families

10 tithings

A hundred (basically 100 families)

Private police and thief takers

early eighteenth century rise in crime rates created a need for more formal policing in large cities, private police profited legally and illegally from a lack of state-sanctioned police agencies

Henry Fielding and the Bow Street Runners 

He became magistrate in 1748, provided administrative structure and improved recordkeeping and investigative procedures 

1829 Sir Robert Peel’s Metropolitan Police Act

first organized police force, more than 1,000 men, paramilitary, still largely corrupt and unsuccessful, administrators fired one-third of force each year

The London Metropolitan Police

Sir Robert Peels legislation (Metropolitan Police Act) established the first organized police force in London

• still plagued by corruption

• Unsuccessful at stopping crime

• Influenced by the wealthy

August Vollmer

known as the father of modern American policing and considered the most famous police reformer, Chief of the Berkley, CA Police Department 

O.W. Wilson

chief of the Chicago police department

what happened in the 1970s

the war ended. increased federal support for local policing through LEAA

what happened in the 1960s

• supreme court decisions designed to control police operations and procedures (Miranda v. Arizona, Mapp v. Ohio, and Gideon v. wainwright)

• civil unrest led to growing tension between police and public

• increasing crime rates & drugs along with citizen demands led to resentment

what happened in the 1980s

emergence of community policing

what happened betweeen the 1980s and 1990s

problems in police-community relations (rodeney king incident March 3, 1991)

geographical jurisdiction

the geographical area that an agency covers or works

subject-matter jurisdiction

refers to the specific type of focus that the agency has or what specific type of criminal activity an agency focuses on

Bureau of alcohol, tobacco firearms and explosives (atf)

controls sales of untaxed liquor and cigarettes, illegal gun activities

U.S. Marshals

judicial security, fugitive apprehension, witness security, prisoner operations, justice prisoner and alien transport system, asset forfeiture program

The department of homeland security (dhs)

preventing terrorist attacks within the United States, reducing America’s vulnerability to terrorism, and minimizing the damage and aiding recovery from attacks that do occur

• customs and border protection (CBP)

• Immigration and Customs Enforcement (ICE)

• Secret Service

state law enforcement 

legislatively created to deal with the growing incidence of crime in nonurban areas

county law enforcement agencies

some sheriff’s departments are exclusively law enforcement oriented. some carry out only court-related duties. Some are involved solely in correctional and judicial matters and not in law enforcement 

metropolitan law enforcement agencies

make up the majority of the nation’s law enforcement

Aggressive patrol (proactive policing)

An aggressive law enforcement style in which patrol officers take the initiative against crime instead of waiting for criminal acts to occur

Broken windows policing

the role of police as maintainers of community order and safety

rapid response

improving police response time

Improving patrol (procedural justice)

concern with making decisions that are arrived at through procedures viewed as fair

use of technology

technologies such as CompStat to help guide patrol efforts

sting operations

Organized groups of detectives who deceive criminals into openly committing illegal acts or conspiring to engage in criminal activity

undercover work

pose as criminals or as victims, considered a necessary element of police work, although it can prove dangerous for the officer, may pose psychological problems for the officer

evaluating investigations

creates considerable paperwork and is relatively inefficient in clearing cases

improving investigations

patrol officers should have greater responsibility at the scene, specialized units can bring expertise, collection of physical evidence is important

using technology

streamlines and enhances the investigative process

community- oriented policing

consists of a return to an earlier style of policing in which officers on the beat had an intimate contact with citizens, can be specific program or philosophy

• community partnerships, organizational transformation, problem solving 

problem oriented policing (POP)

A style of police management that stresses proactive problem solving instead of reactive crime fighting

intellegence led policing

the collection and analysis of information to generate an “intelligence end product” designed to inform police decision making at both the tactical and strategic level

Neighborhood oriented policing 

discretion

The use of personal decision making and choice in carrying out operations in the criminal justice system

low visibility decision making

decision making by police officers that is not subject to administrative review

Ex: a decision not to arrest someone or not to stop a speeding vehicle

over load hypothesis 

the theory that police workload influences discretion so that as workload increases, less time and attention can be devoted to new cases, especially petty crimes

demeanor

the way a person outwardly manifests his or her personality