CRJ Exam 1

The criminal Justice system was created to:

• define crime

• enforce laws

• judge offenders

• carryout punishment

What are the 3 components of the CJS?

• Law enforcement

• Courts

• Corrections

Law Enforcement

• taking reports

• investigating crimes

• arresting individuals

• collecting & protecting evidence

• testifying in court

Courts

• oversee the legal process

• determine the guilt or innocence

Judges

• preside over court proceedings

• make key legal decisions

• serve as neutral decision-maker

prosecutors

• represent the government

• decide cases to pursue

• review evidence & determine charges

• negotiate plea bargains

Defense Attorneys

• represent the accused & ensure rights are protected

• challenge prosecutions case & present evidence

• privately hired or court-appointed

Corrections

• manage the safety & operations of facilities

• supervise offenders & enforce conditions of release

• provide reports to the court

Jurisdictions

• U.S. does not have one/single unified system

• multiples systems that operate independently at different levels

City & County Jurisdictions

• local law enforcement, courts, & corrections

• municipal, regional offenses

State Jurisdictions

• Criminal cases

• E.g., assault, burglary

Federal Jurisdictions

• Federal law, cross state lines

• E.g., organized crime, interstate drug trafficking, terrorism

Tribal Jurisdictions

• Native American reservations

• Operate own police, courts, & corrections

Military Jurisdictions

• Uniform Code of Military Justice

• Court-martial proceedings

• E.g., Camp Pendelton (CA) & Fort Bragg (NC)

What is crime?

Behavior that is against the law

What is deviance?

• behavior that violates the Norma or expectations of a society or group

• not all deviance is criminal, and not all crime is viewed as deviant

Informal Social Control

informal social control happens through everyday social interactions rather than through official authorities

Formal Social Control

formal social control involves official rules and institutions that can impose formal consequences

What makes something a crime?

a crime is an act or omission that violates criminal law and can result in punishment by the government

Mala in se

wrong in itself

Mala prohibita

wrong because it is prohibited

Felony

generally more serious, traditionally distinguished by the possibility of imprisonment for more than one year

Misdemeanor

less serious criminal offense, generally punishable by up to one year in jail

What are the five goals of the CJS?

1. Deterrence

2. Incapacitation

3. Rehabilitation

4. Retribution

5. Restorative justice

Deterrence

• discourage criminal behavior through threat of punishment

• rational actors will avoid criminal behavior if they weigh the potential risks & punishment

Challenges/Limits of Deterrence

1. assumes people are rational

2. crimes of passion, under the influence

3. undermined when people perceive system as unjust/unfair

Incapacitation

• removing offenders from society to prevent them from committing further crimes

• imprisonment

• effective for repeat offenders who pose high-risk

Challenges/Limits of Incapacitation

1. does not address root causes of crime

2. high rates lead to overcrowding, strained resources, & disproportionately affects marginalized communities

Rehabilitation

• aim for reintegration

• treat underlying causes of criminal behavior

• therapy, job training, education, SUD treatment, etc.

Challenges/Limits of Rehabilitation

1. insufficient resources

2. stigma

3. still risk for reoffending

Retribution

• ensure Justice by enforcing consequences for wrongdoing

• goal is to restore moral balance

• “eye for an eye” - punishment should be proportional to offense

Challenges/Limits of Retribution

1. sense of Justice but does not reduce crime

2. risk that punitive measures become excessive/harsh

Restorative Justice

• repair harm caused by the crime

• heal relationship between victim, offender, & community

• offender takes responsibility, make amends

Challenges/Limits of Restorative Justice

1. not applicable to all crimes

2. debate about fairness for victims/ survivors

Backlogs & Inefficiencies

• backlogs in courts, overcrowded prisons, and underfunded programs

• strain resources, hamper effectiveness

Disparities

• racial, social, & economic disparities

• erodes public trust

• decreases cooperation with law enforcement

Negative Effects of Silos

• inefficient decision making

• reduced accountability

• missed opportunities for intervention

• duplication efforts

• delays in justice

• increased costs

Crime Control

1. priority: efficiency & speed

2. goal: crime suppression & public order

3. process: streamlined

4. gov’t & power: greater police discretion

5. primary concern: guilty people going free

6. metaphor: assembly line justice

Due Process

1. priority: fairness & individual rights

2. goal: justice & protection from gov’t abuse

3. process: formal & deliberate

4. gov’t & power: limited by procedural safegaurds

5. primary concern: innocent people being convicted

6. metaphor: obstacle course justice

The Political Era

• 1840-1930

• policing was deeply tied to politics

• officers hired based on political connections (not merit)

• policing was localized, patrolled neighborhoods on foot or bicycle

• critique: corruption was rampant

The Reform Era

• 1930-1980

• push to professionalize policing

• wickersham commission (expose corruption, make reforms)

• shift to crime control

• technology advancements: patrol cars, 911 emergency system

• critique: increased distance from communities, erosion of trust

The Community Era

• 1980-2000

• rebuild trust between police & the public

• encourage officers to collaborate with residents, build relationships

• outreach, crime prevention, & neighborhood partnerships

• reactive v. proactive

• critique: blurred lines between crime control & social work

Militarization Era

• 2000- present

• 9/11 marked the beginning of a new era

• military equipment tactics, “warrior” mindset

• 1033 program

• rise of SWAT in policing operations

• critiques: alienates communities promotes excessive force, escalates violence, & promotes enemy mentality

What is police power?

the authority granted to law enforcement officers to maintain public order, enforce laws, & protect individuals

Three Foundations of Legal Authority

1. constitutional law (e.g., search & seizure rules, due process)

2. statutory law (e.g., criminal codes, traffic regulations)

3. case law (e.g., judicial rulings like Miranda v. Arizona)