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Purposeful Intent
Knowingly Intent
Reckless intent
Negligence intent
Nine principles emphasizing community cooperation in policing and preventing crime and using force only when neccessary and the least amount of force needed
City, County, State, and Federal
Search and seizure
The Fourth Amendment limits police searches to protect citizens from unreasonable searches and seizures
Evidence obtained illegally cannot be used in court, with some exceptions
illegal or unethical actions by police officers, such as excessive force, racial profiling, or corruption. Bias can be both implicit and explicit, leading to unfair treatment of certain groups and violations of individuals' rights.
Proposals for reform include changes to training, accountability, de-escalation tactics, and community-oriented policing.
focuses on reallocating funds from traditional policing to social services such as mental health care, education, and housing, with the idea that addressing the root causes of crime will lead to a safer society.
Courts that have the authority to review decisions made by lower courts (e.g., Court of Appeals)
includes intermediate appellate courts and courts of last resort
Courts that hear a case for the first time (e.g., trial courts). They determine the facts and apply the law to those facts
includes courts of general and limted jurisdiction
A system that focuses on rehabilitation for minors in legal cases
criminal offenses- illegal regardless of age
status offenses- illegal because of age (eg having alcohol)
dependency cases- abuse/neglect from caretakers
How cases move through the criminal justice system from investigation to appeal.
arrest
initial appearance
preliminary hearing
pre-trial hearings
trial
sentencing
appeals
A legal system where two opposing sides (prosecution and defense) present their cases before a judge or jury, who decides the outcome
A process in which a defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence or other concessions. It helps to reduce court backlogs and ensures faster resolutions of cases.
whether charges will be brought or the case will be dismissed
what the specific charges will be
whether to divert from prosecution.
what deal to offer in a plea bargain
The tension prosecutors face between seeking justice and securing convictions, which can lead to issues such as prosecutorial overreach
Four functions of the Judge
Ensure Fair Trials: Judges ensure that trials are conducted according to the law and that both sides have a fair opportunity to present their cases.
Rule on Evidence: Judges decide which evidence is admissible and what can be presented in court.
Provide Sentences: After a conviction, judges determine the appropriate sentence within the legal guidelines.
Maintain Order in the Court: Judges ensure that court proceedings are conducted respectfully and without disruptions.
Legal representation for defendants who cannot afford private attorneys
Public Defenders: Government-employed attorneys who represent defendants who cannot afford private attorneys.
Court-Appointed Attorneys: Private attorneys appointed by the court to represent indigent defendants.
Legal Aid Organizations: Nonprofit organizations that provide free legal services to low-income individuals.
Disparities in the court system can occur based on race, socioeconomic status, or other factors, leading to unequal outcomes for certain groups. For example, studies show that racial minorities, especially Black defendants, often receive harsher sentences than white defendants for similar crimes
The amount of money or property a defendant must provide to be released from jail pending trial. Bail serves as a guarantee that the defendant will appear for their court date. If the defendant doesn’t show up, the bail can be forfeited.
The system through which legal representation is provided to defendants who cannot afford to hire private attorneys. Public defenders are often overworked and underfunded, leading to challenges in providing quality defense.
5 Goals of Sanctions
Retribution: Punishment as a way to "pay back" the offender for their wrongdoing. This is focused on justice and ensuring that offenders receive a punishment proportional to their crime.
Deterrence: The idea that punishment will discourage the offender and others from committing similar crimes in the future.
Incapacitation: Preventing offenders from committing further crimes by removing them from society (e.g., through imprisonment).
Rehabilitation: Aims to reform offenders so they can reintegrate into society without reoffending.
Restoration: The goal of repairing the harm done to victims, often through restorative justice programs that emphasize dialogue between the offender and the victim.
5 types of sanctions
Community Supervision: Includes probation (supervised release instead of jail time) and parole (supervised release after serving time).
Fines and LFOs (Legal Financial Obligations): Financial penalties imposed as part of the punishment for a crime.
Incarceration: Imprisonment in a jail or prison as a form of punishment.
Intermediate/Alternative Sanctions: These are alternatives to incarceration, such as house arrest, electronic monitoring, or drug treatment programs.
Death Penalty: A state-sanctioned punishment where the offender is executed, typically for the most heinous crimes (e.g., murder)
Criminologists and policymakers evaluate the effectiveness of the criminal justice system in achieving its goals (e.g., reducing crime, ensuring fairness, rehabilitating offenders).
Reiman and Leighton argue that the criminal justice system disproportionately targets marginalized groups. They advocate for reforms to address inequality, focus on rehabilitation, and tackle root causes of crime, such as poverty.
The criminal justice system must balance protecting society from criminals (public safety) with ensuring that justice is done in a fair and equitable way. There is often tension between these two goals, especially when policies disproportionately impact vulnerable groups.
Four arguments about white-collar vs. street-level crime
purposely trying to harm someone is more evil than harming someone without trying to
direct harm is more terrifying than indirect harm
harm in the course of illegitnimate activity (eg robbery) is more evil than harm in the course of legitimate activity (eg business)
the harms done to victims of typical crimes (eg robbery) are against their will but workers have consented to taking risks by taking the job
Legislative inaction
When lawmakers fail to address certain harmful behaviors due to social, political, or economic interests (eg. not criminalizing corporate environmental violations)
Warantless searches
Searches conducted without a warrant, which are only allowed in specific circumstances (e.g., exigent circumstances or consent).
Reiman and Leighton lit review
They highlight how power structures influence the criminal justice system, and how bias in policing perpetuates inequality (eg. racism and classism)
Causes of police bias
Institutional racism, societal stereotypes, lack of diversity within departments
The “structural” problem
The idea that the core issues of policing are rooted in institutional structures, not just individual behavior
General jurisdiction
Courts that can hear a wide range of cases, including civil and criminal cases (e.g., District or Superior Courts).
Limited jurisdiction
Courts that are restricted to hearing specific types of cases, such as traffic courts, family courts, or small claims courts.
State courts
In Washington, the state courts handle most cases, including criminal, civil, family, and traffic cases.
Federal courts
Handle cases involving federal law, constitutional issues, or disputes between states or international parties. These courts are organized into District Courts (trial level), Courts of Appeals (intermediate appellate level), and the U.S. Supreme Court (highest court).
Prosecutorial abuse and immunity
Prosecutors generally have immunity from lawsuits when they perform their duties, even if they make mistakes or act improperly. However, there are limits to this immunity.
Probation vs Parole
Probation occurs before or instead of imprisonment, while parole happens after serving time in prison. Both involve supervision by a probation officer.
Prisons and jails
Jails are typically for short-term detention, while prisons are long-term facilities for those convicted of serious crimes.
Sentencing guidelines
These guidelines determine the appropriate sentence based on factors such as the severity of the crime and the offender’s criminal history.
Mandatory sentences
Laws that require judges to impose a minimum sentence for certain crimes, such as "three strikes" laws, which mandate life sentences for repeat offenders.
Indeterminate vs Determinate sentences
Indeterminate Sentences: These sentences do not specify an exact length of time, but rather a range (e.g., 5-10 years). The offender’s release depends on rehabilitation and parole decisions.
Determinate Sentences: These sentences set a fixed length of time for imprisonment (e.g., 10 years without parole).
Data on mass incarceration
The U.S. has one of the highest incarceration rates in the world. Mass incarceration refers to the over-incarceration of certain groups, especially people of color, often driven by policies such as the War on Drugs
Recidivisism
The tendency of previously convicted individuals to reoffend
Levels of proof
Police need reasonable suspicion or probable cause to initiate searches or arrests. Probable cause is required for arrest, while reasonable suspicion may be enough for brief detentions or searches.
Racism
racist beliefs- a negative cognitive evaluation of individuals or groups due to their racial identification
racist actions- behaviors that cause harm to members of a certain race because of their race
racist outcomes: the disproportionate subordination of members of a race in society
