Intro to Criminal Justice System Mideterm 1

What is the Criminal Justice System

a system and a process composed of cops, courts, and corrections

Difference between criminology and criminal justice

criminology is the study of the nature, extent, and the cause of criminal offending and criminal victimization and criminal justice refers to the system compromised of institutions, policies, and practices with the goal of social control and deterring crime.

Three components of the CJS

Cops, Courts, and Corrections

Difference between jail and prison

jail is the transitional period between trials and prison, prison is where time is served.

Number of adults in the CJS

1 in every 48 adults under supervision

imprisonment rates by gender, race, and hispanic origin

men are more likely to be arrested

blacks and hispanics are over represented in all parts of the system

Order of the process and the role police prosecutors, defense attorneys and judges play in the CJS

Crime is reported

Police- investigate and make an arrest

Prosecutors- use evidence to build a case for a plea deal or go to trial

Defense attorneys- defend the person being accused

judges- hear the case and decides the punishment

Constitutional Law

the interpretation of a state or countrys constitution as a source of law

Statutory Law

written, published law- regulates individual/private action. states usually enforce this type of law

Statute

a written law that can be enacted in different ways, regulating what people can and cannot do.

Case Law

law that is established by the outcomes of previous cases

Crime

the breaking of laws

mala en se

bad because it is inherently bad

mala prohibita

bad because it has been prohibited

Perspectives on the CJS

Crime Control

Due Process

Rehabilitation

Restorative Justice

Nonintervention

Crime Control Perspective

prevent crime by Shrewdly and harshly punishing offenders

Chief aim= repress criminal activity

Due Process Perspective

focuses on ensuring all accused of crimes are treated fairly and equally

Rehabilitation Perspective

role of the CJS is to care for and treat people who cannot take care of themselves, focuses on the prevention of future crime.

Restorative Justice Perspective

restores justice through repairing the harm caused by criminal behavior

Nonintervention

CJS should be involved as minimally as possible

Media Framing

the way news is presented to influence how people understand and perceive events

Faulty Criminal Justice System Frame

crime occurs dues to a lack of law and order, frame views crime as a result of a flawed criminal justice system, including ineffective policing, tenient sentecing, and bureaucratic inefficiencies.

Blocked Opportunities Frame

crime results in a lack of legal/legitimate opportunities, this frame attributes crime to systematic inequalities like poverty, unemployment, and lack of education, arguing that individual’s resort to criminal activities due to limited legitimate options.

Social Breakdown Frame

crime stems from family and community disintegration, this frame sees crime as a consequence of declining social norms and community cohesion, often pointing to factors like family disintegration and neighborhood disorganization

Racist System Frame

using the criminal justice system as a tool of oppression, this frame views crime as a manifestation of systemic racism, where discriminatory practices within the criminal justice system disproportionately target and punish minority groups

Violent Media Frame

crime is a direct result of exposures to violent TV, movies, video games, and music. this frame argues that excessive exposure to violent media content contributes significantly to crime rates, suggesting that violent movies, TV shows, and video games desensitize individuals to violence

NCVS

National Crime Victimization Survey, nationally representative sample

relationship between theory and data

theory tells us why things might happen and data tells us what happens

Beccaria and Bentham’s influence

thinking of people as rational actors, making sure that the punishment fits the crime, when the punishment does not fit the crime tension can rise

Specific Deterrence

punishment aimed at stopping a specific person from doing something

General Deterrence

punishment aimed at stopping society from doing something

Hedonistic Calculus

that we are rational actors and we do what makes us feel good without risking pain

Utilitarianism

greatest amount of good for the greatest amount of people

4 principles of the World Justice Project

1. government agents are held accountable under the law

2. laws should be clear, stable, known, and fair

3. administration/enforcement should be fair

4. no denial of justice

The Rule of Law

a concept that all people including those in power, should be ruled by the law and be writing it to live by and obey its expectations

Principle of Federalism

the idea that power is shared between levels of government, such as national, state, and local

Rehabilitation

sentencing goal that seeks to reduce chances of future offenders through education, alcohol or drug programs, psychological programs, and other treatments

Retribution

a sentencing goal of law that states that punishment is deserved or morally right. in addition, it is the goal of sentencing that seeks to punish the offender for criminal behavior “eye for an eye”

Restitution

repayment as a part of a punishment for injury or loss

Incapacitation

sentencing goal that isolates the offenders from the public and take away one’s ability to commit a crime against those in the public

Common Law

the body of law developed in England primarily from judicial decisions based on custom and precedent, unwritten in statute or code, and constituting the basis of the English legal system

Constitutional Law

is the interpretation and application of a country's constitution. It defines the rights of citizens, the structure of government, and the relationship between the different levels of government

Substantive Law

is the set of laws that define the rights and obligations of people and entities. It governs how people behave, and it includes criminal and civil laws

Civil Law

law that pertains to persons, things, and relationships that develop among them

Stare Decisis meaning

“to stand by the decisions” in other words let past decisions made in other cases act as precedent

difference between criminal and civil law

criminal law is based on criminal offenses and civil law deals with issues between civilians (divorce, torts, etc.)

Administrative Law

is the set of rules that govern how government agencies are created, operate, and make decisions. It also regulates the relationship between agencies and the public

Three elements of the Corpus Delicti

Actus Reus

Mens Rea

Causation

Actus Reus

Guilty Act

Mens Rea

the intent behind the crime (state of mind)

Causation

the relationship between an action and the resulting effect.

Concurrence Circumstance

for crime to be committed the guilty mind must be present at the exact moment the criminal act is taking place

Harm Circumstance

actual negative outcome or injury that results from the criminal act

Attendant Circumstance

The are additional facts or conditions that must exist alongside the criminal act and intent to constitute a specific crime

Felony

a crime that can result in a jail or prison sentence of one year or more

Misdemeanor

a crime that can result in a jail term of less than one year

Wobbler

crimes that can be charged either as a felony or a misdemeanor, decided by the prosecutor or judge

Age Defense

not old enough to understand that the crime was wrong, (Mens Rea cannot be proven)

Alibi Defense

offender was somewhere else, testimony is given by someone else, or other evidence is given to prove their abcense

Duress Defense

Offender was forced to commit the crime for fear of their safety or life

Entrapment Defense

offender was tricked or forced to commit crime by law enforcement

Involuntary Intoxication Defense

the offender was drugged involuntarily before committing the crime

Necessity Defense

the defendant must justify that the harm done was the only reasonable choice

Self-Defense

must prove that the use of force is a reasonable force to protect oneself or others from harm.

Insanity Defense

Offender must be proven mentally ill and not in control of their actions

Morality

the standards of rightness and goodness by which we judge human behavior

Ethics

moral principles that govern a group’s behavior

Absolute Ethics

the belief that certain actions are always right or wrong, regardless of the situation or person

Relative Ethics

The “gray” area ethics that is to clear-cut

Ethical Dilemma

a situation in which a difficult choice has to be made between two courses of action, either or which entails transgressing a moral principle

Utilitarianism

the greatest amount of good, for the greatest amount of people

Similarities and differences in policing, court, and corrections ethics

Both value the upholding of ethical standards and ethical use of power

each have different duties to perform