CRJ First Quiz/Exam

Chapters 1-3

Define the Concept of Criminal Justice

Criminal justice refers to the Agencies that dispense Justice and the process by which justice is carried out.

What is the Criminal Justice system made up of?

Cops, Courts, and Corrections

Cops

Investigates crimes and apprehend suspects (first encounter)

Contact, investigate, arrest, custody

Courts

Chargers, indicts, tries, and sentences

Complaint/Charging, Grand Jury/ preliminary hearing, arraignment, Bail/Detention, Plea negotiations, adjudication, disposition, appeal

Corrections

Houses offenders and aids ‘‘rehabilitation”

Correction, release, Post-release

Define Justice

The principle of fairness; the ideal of moral equity.

Courtroom Work group

Implies that all parties in the justice process work together in a cooperative effort to settle cases efficiently, rather than to engage in a true adversarial procedure.

“Trail Penalty”

The Notion that defendants receive longer sentences at trial than they would have through plea bargain, often substantially longer.

Over Charging

A practice of inflating or multiplying charges to Coerce/induce a guilty plea from a defendant.

Vertical Overcharging

Inflating charge

Horizontal

Two forms: Separate counts for similar offense
or single criminal transaction into numerous components

The Wedding Cake Model

4: Misdemeanors

3:Less serious Felonies

2:Serious Felonies

1:Celebrated Cases

Misdemeanors

Least serious types of crimes that are typically handled by the criminal justice system. Less than 1 year in jail.

Felony

Can range from more than one year in prison to life without the possibility of parole or, in some cases, the death penalty.

Less Serious Felonies

Typically nonviolent in nature, and the offenders in these cases are generally lower level offenders.

Serious Felonies

Tend to be violent in nature and involve offenders with significant criminal histories. These cases are more likely to go to trial, and if found guilty, offender will will face prison time.

Celebrated Cases

High profile cases typically covered by the media and often involve the potential for significant penalties, such as life in prison or death sentence.

The Crime Control Model

Believes that the most important function of the criminal justice system is to suppress and control criminal behavior as a function of public order in society.

Give cops more power and resources
(Unleash the cops),Swifter more certain and more severe
punishment (Deterrence),Close loopholes criminals use to get off,Deemphasizes adversary aspect,Repression of crime most important function of the CJS

SPEED, FINALITY, AND PROBABLE GUILT

Due Process Model

Believes that the protection of individual rights and freedoms is of utmost importance. Procedural Fairness=Efficiency is less of a concern,Stresses the possibility of error,Demand for finality is very low, Factual guilt v. Legally innocent.

The U.S. Constitution and Bill of Rights,Recognizes the individual rights of criminal defendants,Rights violations may become the basis for the dismissal of evidence or of criminal charges, especially
at the appellate level

Speed

Depends on the informal fact finding and uniformity(routine procedures used in courtroom)

Finality

Depends on the minimizing occasions with challenge

Probable Guilt

Factual and descriptive (prediction of outcomes)

Nature Of Law

Regulates relationships between people,
govt. agencies and individuals
• Maintain values & uphold est. patterns of
social privilege
• US law founded in three sources:
Statutory law, Constitutional law, &
Case law.

English Common Law

Originates from local custom and rules of
conduct as their guide,
The major source of modern criminal law in the
United States

Stare Decisis

Do a crime in one place and another charge is similar and this hold uniformity OR Refers to the system of precedent

Mala in se

Crimes that are inherently evil and depraved (such as murder, burglary, and arson)

Mala prohibitum

Crimes which reflected existing social and economic conditions

Constitutional Law

A constitution serves to establish the government and government and protects that the Bill of Rights provides.

Procedural Criminal Law

Regulate gathering of evidence and the processing of offenders, and provides the structure by which such cases should move through the system .

Statutory Law

Statutory law are laws that are established by governments.

Federal Law

Applies to all 50 states

State Law

Limited to specific state and punishment and definitions vary

Civil cases

The evidentiary standard preponderance (Most evidence) of evidence

Criminal Cases

Burden of proof is beyond a reasonable doubt

Offenses/Infractions

Minor violations of the law that are less serious than misdemeanors and offenders are normally ticked and released.

Elements of a crime: Actus Reus

The Guilty Act

Elements of a crime: Mens rea

The Guilty Mind(INTENT)

Elements of a crime: Concurrence

BOTH

Special relationship

Family or someone who has heightened level of trust/responsibility

Contract

contract you MUST do something

Necessity

Individual had to break the law to prevent significant harm

Duress

Forced to violate the law out of fear for safety

Entrapment

Occurs when an individual is deceived by an official into engaging in an illegal act

Self-Defense

Feared for their own safety

Intoxication

Lack of mens rea to commit a criminal act is debated, really successful strategy

Insanity

Lack of mens rea to understand actions, individual is not held responsible for their criminal actions as a result of mental condition

M’Naghten Rule

1:Did the defendant know what they're doing at the time of the crime?2:Did the defendant understand that these actions were wrong?

The Irresistible Impulse test

They may understand what they are doing is wrong, but can they stop themselves from engaging in the act?

Guilty but Mentally Ill

Holds offender guilty for crime but acknowledges the issues of mental illness as cause of criminal behavior

Conflict view

The law is used to control the underclass

Interactionist view

Structured to reflect preferences and opinions of people who hold social power in a particular jurisdiction and use their influence to shape the legal process