Criminal Justice 1010_1 Chp 1

Media Portrayal of the Justice System

Within the last 10 years, the ___________ has been arguing for lawmakers and the criminal justice system to utilize alternatives to arrest, prosecution, and incarceration (ie: system deals with underlying issues that cause the crime, decriminalizing nonviolent behavior [marijuana law])

Three Strikes Law

a crime control strategy whereby someone who commits three or more VIOLENT offenses will be sentenced to a lengthy term in prison, usually 25 yrs to life

Consensus Theory of Justice

explains how a society creates laws as a result of common interests and values, which develop largely because people experience similar socialization

Conflict Theory of Justice

explains how powerful groups create laws to protect their values and interests in diverse societes

Crime Control Model

Protecting society and deterring criminal conduct is the main goal. The accused is presumed guilty, police and prosecutors should have extensive freedom to exercise discretion, legal loopholes should be eliminated, and persons committing a criminal offense should be punished swiftly. Crime is a breakdown of individual responsibility and only swift and certain punishment will deter crime.

Discretion

authority to make decisions in enforcing the law based on one’s observations and judgement (“spirit of the law”) rather than the letter of the law

Ethics

a set of rules or values that spells out appropriate human conduct

Arrest

the taking into custody or detaining of one who is suspected of committing a crime

Initial Hearing/ Initial Appearance

person(s) charged with crime stands before a judge while judge informs the accused of their charges and decides whether there was probable cause for the police to make an arrest. If there’s no serious offense, then determination of guilt and assessment of a penalty may occur. A decision regarding whether to enact bail or some other conditional form of release is made

Preliminary Hearing

stage in the criminal process in which a magistrate determines whether a person charged with a crime should be held for trial based on probable cause; DOESN’T determine guilt or innocence

Grand Jury Hearing

Prosecutor presents evidence to a______ which decides if there is sufficient evidence to bring the accused to trial. If evidence is found then _____ submits an indictment, written statement of essential facts of the offense charged against the accused.

Arraignment

a criminal court proceeding during which a formally charged defendant is informed of the charges and asked to enter a plea of guilty or not guilty

Types of Pleas

Plea of Guilty

Plea of Not Guilty

Pleas of Not Guilty by Reason of Insanity

Plea of Nolo Contendre (No Contest); accepts penalty without admitting guilt

What percentage of defendants plead guilty due to plea negotiation?

95%

Bench Trial

If the defendant PLEADS NOT GUILTY OR GUILTY BY INSANITY, then the government HAS TO PROVE the defendant’s GUILT BEYOND A REASONABLE DOUBT. A person can opt for a ________ where the JUDGE ALONE will hear both from the prosecution and defense sides as they each present physical evidence and question witnesses. The Judge will then reach a verdict.

Jury Trial

If the defendant PLEADS NOT GUILTY OR GUILTY BY INSANITY, then the government HAS TO PROVE the defendant’s GUILT BEYOND A REASONABLE DOUBT. A person accused of a serious crime is guaranteed a ________. A _______ is where the _____ will hear both from the prosecution and defense sides as they each present physical evidence and question witnesses. The _____ makes the final decision.

Trial Outcomes

Acquittal (not guilty) or Conviction (Guilty) on the original charges or on lesser included offenses

Sentencing

Judge typically determines it unless it is a capital case where the death penalty is being sought. Typically, a hearing is held and aggarvating circustances (details/ elements that increase the incarcerated person’s blame) or mitigating circumstances (details/elements that reduce incarcerated person’s blame) are brought up.

Appeals

Defendant can request a higher court review the arrest and trial. The process provides checks on the criminal justice system by ensuring that errors at trial did not adversely affect the fairness of the trial process and the defendant’s constitutional rights

What type of case is automatically appealed and cannot be denied?

Death penalty cases

Indeterminate Sentence

a scheme whereby one is sentenced for a flexible period so as to be released when rehabilitated or when the opportunity for rehabilitation is presented

Determinate Sentence

a fixed-period sentence ordered by the court

Parole

early release from prison under specific conditions including the supervision of a parole agency

Juvenile Justice

Composed of juvenile courts which have jurisdiction over children dealing with matters such as deliquency, neglect, and adoption. Also handle “status offenses” such as truancy or running away, Max age of original jurisdiction in juvenile court is 17 in many states

Wedding Cake Model of Criminal Justice

model of criminal justice process whereby a four-tiered hierarchy exists, with a few celebrated cases at the top, and lower tiers increasing in size as the seriousness of cases declines and and the use of discretions becomes more likely to occur

Due Process Model

Fairness is primary goal. Defendants should be presumed innocent until proven guilty, courts should protect the constitutional rights of the accused, and law enforcement officials must be held in check to preserve freedom and civil liberties for all. Crime is not a result of moral failure but rather driven by social influences (i.e. unemployment, racial discrimination, and other factors that disadvantage the poor). Rehabilitation aimed at individual problems is meant to prevent future crime

Types of Sentencing can be ONE OR MORE of the following…

Death penalty

Incarceration in a Prison

Incarceration in a Jail

Incarceration in Another Confinement Facility: other circumstances

Probation

Fine

Restitution

Intermediate sanction

Tier 1 of Wedding Cake Model

Celebrated Cases- garner a lot of attention because the crimes are unusual, the defendants are celebrities or high-ranking officials. Legal process is not different but because of complexity of high-profile nature more resources are devoted to the case (Forensic tests, expert witnesses, jury sequestering, cameras in the courtroom, and crowd control) Extra care is taken to ensure the defendant’s rights are protected and the accused are not given preferential treatment based on status

Tier 2 of Wedding Cake Model

Serious Felonies - Violent crimes committed by people with lengthy criminal records who prey on people they don’t know. Viewed by prosecutors and police as most deserving of “heavy treatment” and punishment. Not a great chance that defendant will be allowed to enter into a pleas agreement before trial.

Tier 3 of Wedding Cake Model

Lesser Felonies - tend to be nonviolent. Person(s) who have committed crime MIGHT have NO criminal record; might have had a PRIOR RELATIONSHIP with victim and might be charged with drug-related, financial, or other crimes. Good portion of these cases will be filtered out the system prior to trial and end in pleas agreement.

Tier 4 of Wedding Cake Model

Misdemeanors - make up 90% of all criminal matters (i.e. public drunkenness, minor theft, disturbing the peace, etc). Police are more likely to handle these cases and use discretion. Lower courts will typically handle the cases and process them quickly bc a trial is not needed. Normally resolved with a plea agreement and penalties that involve fines, probation, or short-term jail sentences.

Death penalty

only first-degree murders and only in certain states

How long would the convicted be incarcerated in a Prison?

For a year or longer

How long would the convicted be incarcerated in a Jail?

A length of time spanning up to a year

Probation

Allowing the convicted to remain at liberty but subject to certain restrictions such as drug testing or drug treatment

When would a Fine be used as a appropriate sentence?

Applied primarily as a penalty in minor offenses

Restitution

Offender pays compensation to victim

Intermediate sanction

(used in SOME jurisdictions) an alternative to incarceration that is considered more severe than straight probation but less than a prison term (e.g. boot camps, intense supervision often with drug treatment and testing, house arrest and electronic monitoring, or community service)