Chapter 1 Fundamentals of Criminal Justice: The Basics

A set of Q&A flashcards covering the foundations, theories, processes, and ethical considerations from Part I: The Basics of Criminal Justice.

What is the foundation of the criminal justice system?

The criminal law—the laws that define criminal acts and how they are punished; the law evolves due to social, political, and economic changes.

What are the two classic models of criminal justice described by Packer, and what does each emphasize?

Crime Control Model (assembly line): aims to deter crime and punish swiftly with extensive police/prosecutor discretion; Due Process Model (obstacle course): emphasizes protecting defendants' rights and fair process.

What is the wedding cake model of criminal justice?

A four-layer view of cases—Celebrated cases, Serious felonies, Lesser felonies, and Misdemeanors—showing differential treatment and resources.

Where is discretion exercised in the criminal justice system, and by whom?

Discretion is exercised by police (stop/search/arrest), prosecutors (charging decisions), judges (bail/sentencing), and corrections/parole authorities (housing, parole decisions, revocation).

List the major stages in the criminal justice process as presented in the overview flow.

Entry into the system (investigation/arrest), Prosecution and pretrial services, Adjudication, Sentencing and sanctions, Corrections.

What is the 'dark figure of crime'?

Crimes that are not discovered or reported to the police and thus not captured in official statistics.

What policy developments followed Kalief Browder’s case, and what executive action emerged in 2016?

Raised concerns about detention conditions and abuse; Obama signed an executive order in 2016 banning solitary confinement of juveniles in federal prisons.

What is the First Step Act?

A law signed by President Trump that reduced prison sentences and improved prison conditions.

What is the difference between an indictment and an information?

Indictment: grand jury formal charge; Information: prosecutor’s formal accusation; some jurisdictions require indictments for felonies.

What does 'probable cause' mean?

Information that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed.

What happens at the Initial Appearance in the criminal justice process?

Charges are explained, probable cause is reviewed, and decisions about bail or release are made; counsel may be appointed for those who cannot afford it.

What is an arraignment?

Defendant is informed of charges, advised of rights, and asked to enter a plea (guilty, not guilty, or no contest).

What sentencing considerations can influence the punishment after a conviction?

Aggravating and mitigating circumstances, victim impact statements, and various options such as death penalty, incarceration, probation, fines, restitution, and intermediate sanctions.

What is the role of ethics and character in criminal justice?

Ethics are emphasized as essential; character is described as who a person is when no one is watching, guiding professionals to treat others with dignity and respect.

What are the four layers of the wedding cake model and their general focus?

Layer 1 Celebrated cases (high-profile/complex, with extra resources); Layer 2 Serious felonies (highly punished, less plea bargaining); Layer 3 Lesser felonies (often resolved via pleas); Layer 4 Misdemeanors (numerous, quick processing, fines or short sentences).