Criminal Justice System: Key Concepts and Theories

Federation

A system where power is divided between a central government and regional governments (states).

Two Justice Systems

U.S. has federal and state systems; most criminal justice activity happens at the state level.

Criminal Justice System Definition

A network of institutions and actors that identify, process, and prevent criminal offenses.

Three Components of the CJS

Police, Courts, Corrections.

Goals of Criminal Justice

Doing Justice, Controlling Crime, Preventing Crime.

Crime Control Model

Emphasizes efficiency, quick processing, conviction likelihood, public order.

Due Process Model

Protects individual rights, fairness, accuracy, preventing wrongful punishment.

Four Characteristics of the CJS

Discretion, Resource Dependence, Sequential Tasks, Filtering.

Wedding Cake Model Layers

Misdemeanors, Lesser Felonies, Serious Felonies, Celebrated Cases.

Crime Definition

Actions violating laws that allow government to punish behavior.

Mala in Se

Inherently wrong acts (e.g., murder, assault).

Mala Prohibita

Wrong because law says so (e.g., gambling violations).

Types of Crimes

Visible, Occupational, Organized, Transnational, Victimless, Political, Cybercrime.

Visible Crime

Violent, property, public-order offenses.

Occupational Crime

Crimes committed through legal work opportunities (embezzlement, fraud).

Organized Crime

Criminal networks providing illegal goods/services (trafficking, gambling).

Transnational Crime

Planned/executed across borders.

Victimless Crime

Willing exchange of illegal goods/services (prostitution, drug use).

Cybercrime

Crimes using computers (hacking, identity theft).

Three Ways to Measure Crime

UCR/NIBRS, NCVS, Self-Report Surveys.

Dark Figure of Crime

Crime not reported to police.

Classical School

Crime results from free will; people weigh costs & benefits.

Deterrence Theory (3 Elements)

Certainty, Severity, Swiftness of punishment.

Rational Choice Theory

People commit crime when benefits outweigh risks.

Positivist School

Crime caused by external factors (biological, psychological, social).

Biological Explanations

Genetics, brain injury, nutrition, neurological factors.

Psychological Explanations

Personality traits, mental disorders, impulses.

Sociological Explanations

Social environment influences crime.

Strain Theory

Crime happens when people cannot achieve success legally.

Learning Theory

Criminal behavior is learned through others.

Labeling Theory

People become criminals when labeled as such.

Control Theory (4 Elements)

Attachment, Commitment, Involvement, Belief.

Critical Theories

Crime shaped by power and inequality.

Seven Principles of Criminal Law

Legality, Actus Reus, Causation, Harm, Concurrence, Mens Rea, Punishment.

Actus Reus

The guilty act.

Mens Rea

The guilty mind / intent.

Causation

Act must directly cause harm.

Concurrence

Act + intent must occur together.

Civil vs Criminal Law

Civil regulates relationships; criminal regulates offenses against society.

Substantive Law

Defines crimes and punishments.

Procedural Law

Defines how laws are enforced and rights are protected.

Elements of a Crime

Act, Attendant Circumstances, State of Mind.

Justifications

Self-defense, Necessity.

Excuses

Duress, Entrapment, Infancy, Mistake of Fact, Intoxication, Insanity.

Eras of Policing

Political, Professional, Community.

Broken Windows Theory

Address small disorder to prevent bigger crime.

Police Functions

Order maintenance, law enforcement, service.

Police Legitimacy

Public acceptance of police authority → leads to compliance and cooperation.

Discretion

Officer's ability to choose between several lawful options.

Factors Influencing Discretion

Seriousness, victim preference, relationship, demeanor, status.

Police Abuse of Power Types

Excessive force, verbal abuse, corruption.

Grass Eaters

Accept payoffs passively.

Meat Eaters

Actively misuse power for gain.

Accountability Methods

Internal Affairs, Civilian Review Boards, Accreditation, Civil Liability.

Police Services

Reactive policing, patrols, investigations.

SARA Model (POP)

Scanning, Analysis, Response, Assessment.

Hot Spots Policing

Focusing resources on locations generating most crime.

Fourth Amendment

Protects against unreasonable searches & seizures.

Reasonable Suspicion

Needed for a stop.

Probable Cause

Needed for an arrest or warrant.

Plain View Doctrine

Officers may seize evidence visible from a lawful position.

Terry v. Ohio

Allows stop & frisk with reasonable suspicion.

Tennessee v. Garner

Deadly force only if suspect is a serious threat.

Six Warrant Exceptions

Special needs, Stop-and-frisk, Search incident to arrest, Exigent circumstances, Consent, Automobile search.

Dual Court System

Federal + State courts.

Functions of Courts

Norm enforcement, Dispute processing, Policy making.

Trial Courts of Limited Jurisdiction

Misdemeanors.

Trial Courts of General Jurisdiction

Felonies.

Roles of the Judge

Adjudicator, Negotiator, Administrator.

Prosecutor Role

Represents the state; decides charges, deals, dismissals.

Nolle Prosequi

Prosecutor drops charges.

Arrest → Booking → Initial Appearance

Formal start of criminal processing.

Bail

Money or conditions ensuring appearance in court.

Release on Recognizance (RoR)

No money—promise to return.

Preliminary Hearing

Judge decides probable cause.

Grand Jury

Citizens decide probable cause → indictment.

Arraignment

Charges read; defendant enters plea.

Motion to Suppress

Attempts to exclude illegally obtained evidence.

Plea Bargaining

Over 95% of cases resolved by plea deals.

Boykin v. Alabama

Plea must be voluntary.

Alford Plea

Plead guilty while maintaining innocence.

4th Amendment

Protects against unreasonable searches/seizures.

5th Amendment

Self-incrimination & double jeopardy protections.

6th Amendment

Right to counsel, jury trial, confrontation.

8th Amendment

No cruel or unusual punishment; no excessive bail.

14th Amendment

Due process for all persons in the U.S.

Lifetime Likelihood of Imprisonment (Men)

1 in 9.

Crime with Smallest Dark Figure

Motor vehicle theft.

Private Prison

Facilities like CoreCivic.

Retribution

Goal of punishment rooted in 'Just Deserts'.

Intermediate Sanctions

Punishments between probation and prison.

Roper v. Simmons (2005)

Juveniles cannot receive the death penalty.

Probation

Most common form of correctional supervision.

Martinson Report

Suggested 'nothing works' in rehab.

Sentencing Guidelines

Increase transparency, limit disparity.

Cooper v. Pate (1964)

First case acknowledging prisoners' civil rights.

Models of Incarceration

Custodial, Rehabilitation, Reintegration.

Good Prison

Order, Amenities, Service.

Community Corrections

Probation, Parole, Intermediate Sanctions.

John Augustus

Father of probation.