Criminal Justice System Chapter 1-4

Flashcards covering key concepts related to the Criminal Justice System, including crime control models, goals, types of offenses, and the structure of federal and state systems.

Goals of Criminal Justice

• doing justice - punishment fits the crime

• controlling crime

• preventing crime

Mala in Se

Crimes that are inherently wrong by their nature.

Mala Prohibita

Crimes that are prohibited by law but not inherently immoral.

Federalism 

A system of government in which power is divided between a central (national) government and regional (state) governments.

Exchange

A mutual transfer of resources; a balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternative courses of action.

Dual court system

A system consisting of a separate judicial system for each state in addition to a national system. Each case is tried in a court of the same jurisdiction as that of the law or laws broken.

3 subsystems of the Criminal Justice System

• Police

• Courts

• Corrections

Police (primary functions)

• Enforce law / prevent crime

• Maintain Order

• Provide services to the community

Courts (primary functions)

• Responsible for adjudication

• Must use fair procedures

• Fair and appropriate punishments

Adjudication

Determining whether or not a defendant is guilty

Corrections (primary functions)

• Prisons and jails

• Community corrections (70% of people)

  • Probation and parole

• 7 million adults in corrections

Prisons

state and federal institutions for serving years behind bars

Jails

local facilities for short sentences and detention prior to trial

Discretion

The authority to make decisions without reference to specific rules or facts, using instead one’s own judgment; allows for individualization and informality in the administration of justice.

Filtering process

A screening operation; a process by which criminal justice officials screen out some cases while advancing others to the next level of decision making.

4 characteristics of the Criminal Justice System

• Discretion

• Resource dependence

• Sequential Tasks

• Filtering

Resource dependence

The reliance of criminal justice agencies on external resources, such as funding, personnel, and community support, to operate effectively and fulfill their roles.</span>

Sequential tasks

The idea that the criminal justice process occurs in a series of steps, where the outcome of one stage influences the next stage, requiring coordination among various agencies and officials.

13 steps in the decision-making process

• Investigation

• Arrest

• Booking

• Charging

• Initial appearance (main)

• Preliminary hearing/grand jury (main)

• Indictment/information (main)

• Arraignment (main)

• Trial (main)

• Sentencing

• Appeal

• Corrections

• Release

Trial

The formal examination of evidence and legal arguments before a judge or jury to determine the guilt or innocence of a defendant.

Arrangement

The process where a defendant is formally advised of the charges against them and asked to enter a plea. This usually occurs after an indictment or information has been filed.

Indictment / information

If the preliminary hearing leads to an information or the grand jury vote leads to an indictment, the prosecutor prepares the formal charging document and presents it to the court.

Preliminary hearing / grand jury

A legal proceeding where evidence is presented to determine if there is enough cause to formally charge a defendant, often leading to a grand jury's decision on indictment.

Initial appearance

The first court appearance of a defendant after arrest, where they are informed of their rights and the charges against them.

4 levels of the wedding cake

From the smallest amount to the largest

1. The celebrated cases

2. The serious felonies - ex. long crimes committed by persons with long criminal records

3. The lesser offenses - Less serious and threatening than layer 2 

4. The misdemeanors

Consensus model

Diverse group who has similar morals and and shared ideals on right and wrong

Conflict model

So diverse that a consensus model cannot occur. Most politically powerful members of society impose their values on the community.

Crime control

Goal - Repress crime

Value - Efficiency

Process - Administrative

Major decision point - Police/pretrial processes

Due process

Goal - Preserve individual liberties

Value - Reliability

Process - Adversarial

Major decision point - Courtroom

current issues and challenges in the criminal justice system

Factors such as racial disparities, police misconduct, over-incarceration, and the impact of mental health on offenders. These issues create significant debates about reform and justice.

Felony

A serious crime, typically punishable by imprisonment for more than one year or by death.

Misdemeanor

A lesser offense, usually punishable by fines or imprisonment for up to one year.

Types of crimes and impact of media

The classification of criminal offenses into categories such as felonies and misdemeanors, along with the influence of media representation on public perception and policy.

UCR (Uniform Crime Reports)

An annually published statistical summary of crimes reported to the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies.

NIBRS (National Incident Based Reporting System)

A reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim, and property

NCVS (National Crime Victimization Survey)

Interviews of samples of the U.S. population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimizations and thus the extent of unreported as well as reported crime.

Dark figure of crime

A metaphor that emphasizes the dangerous dimension of crimes that are never reported to the police.

Crime Victimization

Refers to the experience of individuals who have been affected by criminal acts, encompassing both reported and unreported incidents.

Routine activities explanation

A theory that posits that crime occurs when three elements converge: motivated offenders, suitable targets, and a lack of capable guardians.