Exam 1 JUST 1000 CHAD JORDAN ECU

criminal justice process

the decision making points for the initial investigation or arrest by police to the eventual release of the offended and his or her reentry into society; the varies sequential criminal justice stages through which the offender passes

criminal justice system

the law enforcement, court and correctional agencies that work together to effect the apprehension, prosecution, and control of criminal offenders. they are charged with maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice and treating criminal behavior

what was the 1st police agency?

London metropolitan police in 1829; Boston (1838), New York (1844), Philadelphia (1854)

when did the work of criminal justice began to be recognized?

Chicago Crime Commission, professional association funded by private contributions; acted as a citizens advocate group

In 1931 what did president Hoover do?

appointed the National Commission on Law Observance and Enforcement aka Wickersham Commission. Made a detailed analysis of the US justice system and helped usher in the era of treatment and rehabilitation, discovered that rules and regulations governing the system made it difficult for justice personnel to keep track of the systems legal and administrative complexity.

what are the 3 components of the criminal justice system?

law enforcement, court/judiciary, corrections

what began to happen in the modern era of justice?

riots start happening, strikes, disturbances, 50/60s this is bc of civil rights movements...lead to them to recognize the need to integrate all the components into one

what happened in 1967?

President's Lyndon Johnson commission on law enforcement and administration of justice, published the involvement challenge of crime in a free society

what happened in 1968?

congress passes the safe streets and crime control act NILECJ was funded, later became NIJ, this ended in 1982

contemporary criminal justice system

what we have now, instrument from society for social control, responds to dangerous behavior, apprehends, sanctions law breakers, resides in every branch in US Gov't (legislature, executive, and judicial)

social control

the control of an individuals behavior by social and institutional forces

how much is spent annually on the criminal justice system?

263 billion dollars

formal criminal justice process (15 steps)

initial contact, investigation, arrest, custody, charging, preliminary hearing/grand jury, arraignment, bail/detention, plea bargaining, trial/adjudication, sentencing/disposition, appeal/post conviction, correctional treatment, release, post release

initial contact

usually police action

investigation

gather sufficient evidence to identify a suspect and support legal arrest

arrest

probable cause, deprives individual of freedom, suspect has lost liberty

custody

after an arrest and while the suspect is being detained

charging

if the arresting officers or their superiors believe that sufficient evidence exists to charge a person with a crime, the case will be turned over to the prosecutor's office

preliminary hearing

closed hearing to issue the bill of indictment, which leads to a probable cause hearing

arraignment

brought before the court to hear the case

bail/detention

this is set to ensure the return of a criminal defendant for a trial

plea bargaining

possible exchange for the prosecution reducing or dropping some of the shares if they plea guilty...almost 90 percent of cases end in plea bargaining

trial/adjudication

if an agreement isn't reached a criminal _____ will be held before a judge

sentencing/dispostion

after the trial if the defendant is found guilty he will be returned to court for sentencing (fine, probation, some form of community based corrections)

appeal

defense can ask the trial judge to set aside the jury's verdict because the jury has made a mistake with a law

correctional treatment

faced with the jurisdiction of state or federal correctional authorities

release

upon completion of the sentencing and period of correction the offender may return to society

postrelease

after termination of their correctional treatment offenders may be asked to spend some time in a community correctional center

nollie prosequi

the term used when a prosecutor decides to drop a case after a complaint has been formally made (evidence insufficiency, police error, or office policy)

grand jury

a type of jury responsible for investigating alleged crimes, examining evidence, and issuing indictments

true bill of indictment

a written statement charging a defendant with the commission of crime

information

charging documents filed by the prosecution that forms the basis of the preliminary hearing

probable cause of hearing

used to show cause to bring a case to trial

criminal justice assembly line

Herbert Packer, endless supply of cases come in and only a few cases go through the ENTIRE criminal justice process

Informal criminal justice process

90 percent of cases do this, they usually stop at plea bargaining

"Wedding cake model of justice"

samuel walker, celebrated cases at the top (OJ simpson, trayvon martin these are the ones with media attention), the next tier serious felonies (rape or murder), next tier less serious felonies (1st time offenders, domestic violence), bottom tier misdemeanors (small cases traffic violations)

crime control perspective

a model of criminal justice that emphasizes the control of dangerous offenders and the protection of society

ethics in law enforcement

police have authority to deprive people of their freedom, they serve as interface between the power of the state and the citizens it governs

ethics in courts

prosecutors have roles that sometimes conflict (represent people and the court), they have to try the best to represent their clients

ethics in corrections

correction workers have significant punitive power of incarcerated offenders

rehabilitation perspective

view crime as an expression of frustration and anger created by social inequality (see the justice system as a means of caring for and treating people who have been the victims of this) "criminals are society's victims"

due process perspective

justice system should be dedicated to providing fair and equitable treatment to those accused of crime

nonintervention perspective

justice agencies should limit their involvement with criminal defendants

equal justice perspective

all people should be treated equally before the law, ex: equal treatment for equal crimes

decriminalization

reducing the penalty for a criminal act but not actually legalizing it (ex: marijuana)

deinstitutionalization

the policy of removing as many offenders as possible from secure confinement and treating them in the community (pretrial diversion so people don't have to go to jail)

restorative perspective

a view of criminal justice that advocates peaceful solutions and medication rather than coercive punishments,

what two models have been the majority of criminal justice today ?

equal justice and crime control

ethics in criminal justice

power granted to those who control the justice system (ex: a polices ability to use force)

how is crime defined?

consensus view, conflict view, interactionist view

consensus view

crimes are behaviors that are harmful to the majority of citizens (ex: there is a general agreement of what society approves of)

conflict view

criminal law is shaped and controlled by the ongoing class struggle between rich and the poor

interactionist view

criminal law structured to reflect preferences/opinions of the people who hold social power, moral entrepreneurs. ex: laws are only illegal bc they are in conflict with social norms

official crime data

the best known and most widely cited source of criminal records, yearly record of where who and how much serious crimes/arrests occurred in the prior year, UCR is suspect bc not everything gets put into this database

victim data NCVs

nationwide survey of victimization conducted by US census bureau for the bureau of Justice statistics

self report data

third source of crime data, survey for subjects to reveal their own participation in delinquent or criminal acts. 2 times a year, helps "dark figure" of crime usually for middle school or high school

gradual increase from ____________________ (crime rate)

1830-1860s

We've been on a ____________ in terms of crime rates for the last 2 decades

decline

Victimization rates have decreased since the early ______

1990s

early 1990s crime rate began dropping particularly for violent crime T OR F

True

The more teens in an area

the higher the crime rate

Factors that influence crime trends

immigration, unemployment, age structure, abortion, gangs, mental health treatment availability, and medical technology

Crime rates are higher in what season?

Summer

Males account for about ______ percent of all arrests for serious violent crimes

80

African Americans account for ___ percent of arrests even though they are only 13 percent of the actual population

39

racial profiling

the practice of police targeting minority groups bc of a belief that they are more likely to be engaged in criminal activity

relative deprivation

the view that extreme social and economic differences among people living in the same community exacerbate criminal activity

broken window hypothesis

the view that deteriorated communities serve as a magnet for criminals and attract criminal activity

Young people are arrested at much higher rates than older people T OR F?

True

chronic offender

a delinquent offender who is arrested five or more times before he or she is 18 years old, stands a good chance of becoming an adult criminal; they are responsible for more than half of all serious crimes

Poor people are more likely to become victimized T OR F

True

Single people are likely to be more victimized T OR F

True

African Americans are more likely to be victimized T OR F

True

Rational choice of theory

proposes that crime is a matter of rational decision making and personal choice passed on weighing risks and awards

antisocial personality

individuals who are always in trouble and do not learn from either experiences or punishment

social structure theory

a persons position in society controls his or her behavior

culture of poverty

crushing lifestyle of slum areas produces a culture of poverty passed from generation to generation

The strain theory can explain why lower class areas have such high crime rates T or F

True

social process theory

individuals behavior is shaped by interactions with key social institutions (schools, peer, groups)

stigmatize

t characterize or brand someone as disgraceful in order to make them feel shameful and ruin their reputation

The criminal law and criminal justice systems are viewed as vehicles for controlling the poor members of society T or F

True

developmental theory

social interactions that are developed over a course of life shapes behavior

People who experience significant amounts of anger in early adolescence are more likely to become involved in antisocial behavior as teens and to mature into depressed adults T OR F

True

Procedural law

those laws set out the basic rules of practice in the government

Civil law

all law that is not criminal, including law of torts (personal wrongs), and contract/property, maritime and commercial law

Public/administrative law

branch of law that deals with the government and its relationships with individuals or other governments

Substantive criminal law

branch of law that defines crimes and their punishment

basis of criminal law is called common law T or F

true

mala in se

inherently evil crime (rape, burglary, or arson and even murder)

mala prohibitum

Conduct prohibited by laws (wrong as or because prohibited)

Common law began during the reign of Henry II (1154-1189) and became the standardized law of the land of England T OR F

True

True or False: for a prosecutor to prove a crime occurred and that the defendant committed it the prosecutor must show ONLY actus rea

False: he must show both actus rea (action) and mens rea (a guilty mind)

strict liability crimes the showing of just actus rea is acceptable T OR F

True

there are 4 different excuse defenses T OR F

True (insanity, intoxication, age, and ignorance/mistake)

there are 6 different justification excuses T OR F

True

4th amendment

search and seizure

5th amendment

due process/self incrimination

6th amendment

right to public trial, jury, confirmation of witness

8th amendement

cruel and unusual punishment

14th amendement

protections of bill of rights applied to states