Criminal Justice Units 1 through 3 flashcards!

Criminal Justice

The system of institutions, polices and practices with the goal of maintaining social control and deterring crime through sanctions and rehabilitation.

The criminal Justice system is enormously large and costly

This is due to the large amount of people in jails/ prisons. and the amount of people needed to run the system.

Criminal Justice system components

law enforcement, Court system, corrections

what is the difference with the components

Law enforcement: Investigating and arresting

Court systems: interoperating and implying the law

Corrections: protect society and supervise.

What are the steps of the the system?

First, a crime must be reported; then police investigate and arrest (charged); then get advised of their rights at their first appearance; then a probable cause hearing (in felony cases), plea negotiations, followed by a trial, and then they will be sentenced. They will appear before a higher court (basically if the suspect/offender and their lawyers want to fight the sentencing, but in most cases they don’t go to this step).

Victims

are crucial to the investigation. a lot of time they feel as if they are “out of control” as to what is happening as the system runs no matter how the victim feels.

Victim advocates

they are a person who helps the victim as the case moves through the system.

Crimes affected EVERYONE- not only the family, the victim but also the community

How does crime affected the community?

The community has to pay for the system and will have a higher level of security afterword’s.

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USA patriot act

2001, strengthen security measures designed to protect us from attacks. Took citizens data without their knowledge.

Usa Freedom act

2015, basically patriot act but limited the amount of data the govt was taking from the citizens through their telephone data.

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Street crime

Can happen from strangers or people you know. Relatively common and serious. Involving a victim and offender who came together in space and time. Examples include: homicide, rape, sexual assault, robbery, and physical assault.

Property crime

crime against property. more common then street crime, Car theft (least common) burglary, property theft (most common)

Victimless crimes????

Criminal offenses thought to not involve a victim’s cause no one got hurt. Prostitution, drug use, and gambling are examples, but they can lead to assualt happening (or other crimes) that can hurt a person.

White collar crime

Ill defined, happens most often. Employee steals from employer or someone in power uses their power to commit a crime. Examples include: fraud, insider trading, bribery, price fixing. Reliance on field research bcuz of lack of centralized data. Most reported is credit card fraud.

Cybercrime

Crime commited on a computer or computer network. Example: viruses, network intrusions, child pornography's, stalking. no universally agreed upon definition. Difficult to measure. New problems now with AI

Terrorism

commited by subnational or extremist groups. premeditated, targets are noncombatants, used to influence an audience to seek change (political, social, economical.)

Mala in se

behavior that is immortal and inherently wrong by nature

Mala prohibita

behavior that prohibited by law

decriminalization

the act of ending or reducing criminal penalties associated with some behaviors. “we don’t have time to arrest you, here’s a ticket.” marijuana laws, varies state to state, but is still illegal by federal law. The act is still illegal, you are jsut going to be charged/ given a lesser punishment.

Justifiable homicide

The lawful killing of another person (self defense, defending others, the death penalty). Castle Doctrine “make my day” laws. Residents are no longer required to retreat if threstend by an intruder, it depends on where they are at (like if the resident is in the home/ car and gets ambushed) they can fight back and won’t get charged with the system. It also depends on what state you are in.

Adultury

Decriminalization. sex with a person other then your spouse. Laws and criminality differ by state.

Driving under the influence (DUI)

All states have as illegal, but punishment differs. MADD (Mothers against drunk drivers) pushed for penalties.

Rape

violent crime. “mala in se” (wrong by nature) the legal definition is broadening (marital rape, use of force, pentation) distinctions from sexual assualt and sexual abuse.

Crime control perspective

a popular view of the role of the system. States that the goal pf the system is to prevent crime by harshly pushing offenders. Its not effective, efficient or economically sound. Families set apart.

Rehabilitaion perspective

The role of the system is to care and treat people unable to care fro themselves. rehabilite offenders. Social inequality (race, social status, wealth, education) equals crime. is costly, but either the community pays for incarceration later, or helps pay/ offer skills now. provide education, training, and social skills to offender.

Due process perspective

all accused of crime are treated fairly and equally in the system. Found in the 5th and 14th admendment. detainment should be fairly distrubited. each should recieve fair hearing, trails, and have competent attorneys.

Restorative Justice perspective

The system should restore justice through repairing harm caused by criminal behavior. Shouldnt operate punishment. focuses on victims and the community. has the highest rate of satisfaction and offender accountability, but its not highly used in America. offender should pay cash for their crimes.

nonintervention perspective

the system should do as little as possible must be minimaly intrusive. being labeled as a criminal does harm to the offender. stop the view that “once a criminal always a criminal”

Consensus model

theoretical view, the system works in unison to achieve justice that is benifical to all.

Conflict model

theoretical view, bases on division and disparity among members of society and the struggle of powers this causes. Those in power define what a crime is and is not.

Social contract

orgainzed societies created by the govt that is mutually beneficial to all.

Framing

Packaging criminal events into tidy presentations that are easier to share. Info is condensed and oversimplified. Doesnt allow expansion of important variation in crimes

examples of Framing

Faulty criminal justice frame

blocked opportunities frame

social breakdown frame

racist system frame

violent media frame

Faulty criminal justice frame

People commit crime cause they can

Blocked opportunities frame

crime happens bcuz of lack of legal opportunities for the offender.

Social breakdown frame

crime is a result of a breakdown in the community

Racist system frame

the problem is not crime, but rather law enforcement, courts, and corrections are racist agents of oppression.

Violent media frame

finds that crime is depicted as a direct result of violent media present in TV, movies, video games, and music.

Infotainment

marketing of info that is highly edited and distorted. contributes to false beliefs. Example: “most crime is violent” or “murder is most frequent” or “ most violent crimes involves weapons” or “ only guilty people confess” or “strangers commit the most crime”.

Narrow casting

the practice of delivering tailored info to a specific defined audience. The community has to do the work (like going to a different news outlet) to see a different perspective.

Criminal Justice V Criminology

CJ- refers to the system

Criminology- refers to the study of the crime and victimization.

Why do we measure crime?

It revels extent and nature of the crime, it creates and evaluates policy, it identifies and assists victims, it identifies root causes of crime.

Unifrom Crime reporting program

Tracking crime and people. prior to this, no consistency of definitions on “what a crime is”

FBI- National crime info center

Background checks and tracking people

Fatal violence

rare in the US for violence. Boys/men are murdered most, guns most common weapon for it.

Non-fatal violence

peaked in the 90’s, lowish now. Most will be simple assualt while least will be rape and sexual assualt ’ (as its the least reported). Men are most likely to be hurt by a stranger while females are most likely to be hurt by someone they know.

Crime multiplier

Saturated media coverage enhances fear. Woman are more fearful than men. People living in poverty more fearful than the rich. older people more fearful than the young.

Trial by ordeal

done in early History, primitive form of trial in which the outcome rested in the hands of God.

Age of enlightenment

brought new ways of thinking-including reforms arising from outrage against the barbaric system of law and punishment.

Specific deterence

the notion that punishment serves to deter the individual being punished from committing crime in the future.

General deterrence

the notion that the general populace will be deterred from committing crimes based on the percceived negative consequences of being caught.

Felicitous or Hedonistic calculus

A measure indicating how much pleasure an individual gains from a specific act. (Most pleasure and mild pain.)

Utilitarianism

a doctrine stating that an action is morally right as long as behavior is a benefit for the majority of a society (greastest good for greastest number)

Rule of law

a fundimental principle in the Us criminal Justice system that all governmental officials must pledge to uphold and follow the constitiution.Laws should be clear and stable.

Common law

developed by case law from court decisions and opinions

constitiutional law

basis of all U.S law. established the fundamental rules and relationships among the branches of gov. (Separation of powers)

Procedural law

Rules that govern the legal process and the methods used to enforce substantive rights and administer justice through court proceedings

Bill of rights

1st amendment in the constitution. guided procedural law pertaining to issues such as arrests, warrants, search and seizures, and trials

Substantive law

rules used to determine the rights of individuals and collective bodies designates what conduct is considered criminal.

Preemption doctrine

says that the federal law is the “supreme law of land”- fed law overrides conflicting state law

Statutory law

written and enacted by legislature

Landmark cases

apart of civil law, establish precedent changing interpretation of a prior law.

Statues

formal rules, or law, adopted by the governing body.

ordinaces

written legislative enactments of counties, cities or towns rules.

Case law

law that is based of previous court decisions or precenents

Precedent

the legal principle of stare decisis. prior cases and what they decided are binding

stare decisis

judges must respect precedents (laws) set in previous court cases.

Civil law

law that deals with disputes between individuals and organizations. and typically seeks some type of compensation for the harmed party

Compenstroy vs Punitive damages

C=money

P=punishment

Actus reus vs Mens Rea

Actus=act

Mens=mind

Administrative law

delegates of authority from legislature to Commisions Of Boards to regulate activities controlled by written statures.

Detterence

Purpose of punishment

Retribution, Restitution, Rehabilitation, and incapacitation

Wobblers

crimes that can be charged as either felonies or misdeanors

Excuse Vs Justification (for committing a crime)

Insanity is an excuse, self defense is a justification

Tests- M’nagten

“right vs wrong test” Jury must consider if the defendent knew what they were doing and did they know their actions were wrong?

Tests: Durham tests

determines if a criminal act was a product of mental disease or defect. juries must determine if the condition was the reason for the action. E

Ex Post Facto Laws

a law that legislature passed after a crime was committed. this is unconditional on state and fed level.