Chapter 1-8: Key Concepts in the Criminal Justice System

Flashcards cover core concepts from Chapter 1 through Chapter 8 notes, focusing on definitions, processes, rights, and system models in the criminal justice framework.

How does the notes distinguish between 'criminal justice' and the 'criminal justice system'?

Criminal justice is the process surrounding law enforcement; the system refers to the three interrelated parts—cops, courts, and corrections—that work together to apply the law and deliver justice.

What are the three parts of the criminal justice system?

Cops (police), courts, and corrections.

What is the main goal of criminal law as described in the notes?

To punish wrongdoing by setting up punishments.

What does the principle 'presumed innocent until proven guilty' mean in this context?

A person is considered innocent until the government proves guilt beyond a reasonable doubt; rights should not be trampled.

How is 'justice' described in relation to law in the lecture?

Justice depends on fair application of rigid procedural rules to individual cases; the law is rigid, but fair outcomes come from applying it to people.

What is the difference between procedural law and the substance of outcomes, according to the subway sub analogy?

Procedural law is the rigid, fixed process; the substance (the actual outcome) can vary by case, like different turkey subs.

Why is the system described as agencies working together?

To perform the process of enforcing the law and delivering justice through coordination among policing, courts, and corrections.

What gets you into the criminal justice system, according to the cookie analogy?

Being arrested puts you into the system, even if you didn’t commit the crime.

What is the prosecutor’s burden of proof for a criminal conviction?

Beyond a reasonable doubt (moral certainty) — the case must convince the fact-finder to the level of moral certainty.

What does 'probable cause' mean?

A reasonable belief about the facts that makes it more likely than not that a person is involved in criminal activity.

Give an example of how probable cause might be built (from the notes).

Observing a weaving car, smelling malted beverages on a breath, and finding an empty bottle—these dots together create probable cause.

What does the Fourth Amendment protect against, and what is a 'seizure'?

Protection against unreasonable searches and seizures; stopping someone or arresting someone are seizures; searches without justification are constrained by the Amendment.

What is the difference between a 'stop' and an 'arrest' in terms of seizures?

Both are seizures; stops require justification (often probable cause) and arrests require a higher level of justification and rights awareness.

Are police required to read Miranda rights in every scenario?

Not strictly required by the Constitution, but they should read them when they question a suspect to protect rights and avoid suppression of statements.

What are the core Miranda rights?

Right to remain silent; right to an attorney; anything you say can be used against you in court.

What does the Fifth Amendment cover beyond miranda warnings, as discussed in the notes?

Protection against self-incrimination; the privilege to refuse to answer questions that might incriminate you.

What is double jeopardy and what is a common exception mentioned?

Protection against being tried twice for the same offense after acquittal; exception: if new evidence arises or if there was misconduct like 'dirty hands' (evidence tampering) that reopens the case.

What does the Sixth Amendment guarantee?

Right to counsel, right to a speedy trial, and right to confront witnesses (among other protections).

What is Ernesto Miranda known for in the notes?

The 1963 case that led to the establishment of the Miranda rights after a confession obtained without warning; the case highlighted the need to inform suspects of their rights.

What does the notes say about pleading the Fifth in civil versus criminal cases?

Pleading the Fifth is a protection in criminal cases against self-incrimination; in civil cases it is generally not used the same way and can disadvantage the party invoking it.

What are the two models of the system discussed in Chapter 7, and what do they mean?

Consensus model: all parts cooperate to achieve justice; Conflict model: each part pursues its own self-interest (e.g., police, prosecutors, corrections focus on their own outcomes).

What role do corrections play in the system?

Corrections supervise and rehabilitate convicted individuals, including incarceration, probation, and parole.

What is the key takeaway about the relationship among police, courts, and corrections?

They form a system that must function together to apply the law fairly and ensure that arrests, prosecutions, and sentences are handled properly.