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Components of the Criminal Justice System

The three main parts are law enforcement, courts, and corrections; they work together but are interdependent.

Latin Legal Terms

Examples include mens rea (guilty mind), actus reus (guilty act), lex talionis (law of retaliation), used throughout law and justice.

Social Contract (Formal & Informal)

Agreement where people give up some freedom for protection; formal through laws and government, informal through norms and community expectations.

Definitions of Crime

Conduct prohibited by law and punishable by the state; evolves over time as society changes.

Goals of the Law

Protect society, maintain order, resolve disputes, enforce standards, protect liberties.

Sources of Law

Derived from Constitutions, statutes, case law, and administrative regulations.

Types of Law

Includes criminal, civil, administrative, and constitutional law.

Types of Crime

Felonies, misdemeanors, infractions; also divided into mala in se and mala prohibita.

Crime Reporting Systems

Includes UCR, NIBRS, NCVS; each measures crime differently.

Common Base Theories of Criminology

Explanations of crime include classical theory, routine activities theory, labeling theory, deterrence theory.

Most Common Crimes

Property crimes such as theft and larceny are statistically most frequent.

Media Framing

Media emphasizes certain causes/solutions (e.g., violent media frame, blocked opportunities frame), shaping public perception.

Precedents

Court decisions that guide future rulings under stare decisis.

Who Fears Crime Most

Women, the elderly, and racial minorities often report higher fear of crime.

Who Fears Crime Least

Young men are statistically the least fearful, despite being at higher victimization risk.

Elements of Crime

Require actus reus (act), mens rea (intent), concurrence, causation, and harm.

Legal Defenses

Include justifications (self-defense, necessity) and excuses (insanity, duress, entrapment).

Probable Cause

Reasonable belief that a person has committed a crime; required for arrest/search.

Reasonable Suspicion

Less than probable cause; allows brief stops and detentions.

Beyond a Reasonable Doubt

Highest standard of proof; required for criminal convictions.

Preponderance of the Evidence

Lower burden of proof; used in civil cases (more likely than not).

Jeremy Bentham

Philosopher who promoted hedonistic calculus and utilitarian justice.

Cesare Beccaria

Founding thinker of classical criminology; emphasized deterrence and proportional punishment.

Hedonistic Calculus

Idea that people weigh pleasure versus pain before acting; punishment should outweigh benefit.

Crime Control Perspective

Focuses on punishment, deterrence, and protecting society; prioritizes efficiency and public safety.

Due Process Perspective

Emphasizes protecting individuals’ rights, fairness, and legal safeguards.

Consensus Model

Sees laws as reflecting shared social values and maintaining order.

Conflict Model

Sees laws as reflecting interests of the powerful, often reinforcing inequality.

Federal vs. State Law

Federal law governs national issues; state law covers local matters; states cannot violate federal law.

Criminal, Civil, Common Law

Criminal law punishes offenses against society; civil law resolves disputes between people; common law is based on precedent.

NCVS

National Crime Victimization Survey; measures reported and unreported crimes through household surveys.

UCR

Uniform Crime Reports; official police data, includes Part I and II offenses.

NIBRS

National Incident-Based Reporting System; collects detailed incident-level crime data.

Mala in Se

Acts inherently wrong (e.g., murder, rape).

Mala Prohibita

Acts wrong because they are prohibited by law (e.g., drug possession).

Felonies

Serious crimes punishable by prison terms over one year or death.

Misdemeanors

Less serious crimes punishable by fines or jail time under one year.

Retribution

Punishment based on the idea of “just deserts” — offenders deserve to be punished.

Restitution

Offenders repay victims for harm done (financial or service).

Restoration

Focuses on repairing harm between offenders, victims, and community.

Incapacitation

Restricting offenders’ ability to commit crime (e.g., imprisonment).

Rehabilitation

Treatment programs aimed at reforming offenders.

General Deterrence

Discouraging others in society by making an example of offenders.

Specific Deterrence

Discouraging the same offender from reoffending through punishment.

Victim Rights

Laws ensuring victims have a voice (e.g., victim impact statements, right to be informed).

Lex Talionis

“Law of retaliation”; punishment should match the harm caused.