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What is the Criminal Justice System (CJS)?
Institutions, policies, and practices within the goal of social control and deterring crime through sanctions and rehabilitation.
What are the three components of the Criminal Justice System?
Law enforcement, courts, and corrections.
What is the role of law enforcement in the Criminal Justice System?
Investigates crimes and apprehends individuals alleged to have committed crimes.
What is the first step of the CJUS road map?
Crime becomes known to police
What is the second step of the CJUS road map?
Police investigate, identify, and apprehend the offender
What is the third step of the CJUS road map?
Info is gathered and presented to the prosecutor
What is the third step of the CJUS road map?
Prosecutor files charges: plea bargain, trial, or nolle prosequi
What does the term 'nolle prosequi' mean?
Latin for 'be unwilling to pursue'; used by a prosecutor to willingly terminate legal proceedings before trial.
What happens if no charges are filed?
The accused is released
If charged, what is the fourth step of the CJUS roadmap?
Accused is informed of charges against him or her with many possibilities:
May have determination of guilt/innocence depending on circumstances
May be assigned legal counsel
Judge may make a bail determination
Grand jury may be convened
Indictment
No Bill: A decision made by a grand jury that indicates that insufficient evidence is present to proceed with the case
What does the term ‘No Bill” refer to?
A decision made by a grand jury that indicates that insufficient evidence is present to proceed with the case
What is Arraignment?
Defendant appears before judge, where charges and rights are read
What does the term ‘nolo contendere’ mean?
A plead made by a defendant in which he or she neither admits nor disputes guilt; Commonly referred to as a “no-contest” plea
What are alternatives to incarceration?
House arrest, boot camps, intensive supervision, drug treatment, electronic monitoring
What is the definition of a crime?
The breaking of a law which the Criminal Justice System prescribes punishment for.
What is a street crime?
A crime that involves a victim and an offender in the same place and time, such as homicide and assault.
Give examples of white collar crimes.
Bribery, fraud, price fixing, insider trading, and Ponzi schemes.
What is the significance of the USA PATRIOT Act?
A law signed by President George W. Bush post-9/11 to strengthen security measures.
What does 'malum in se' refer to?
Behavior that is immoral and inherently wrong by nature.
What is 'decriminalization'?
The act of ending or reducing criminal penalties associated with some behaviors.
What is restorative justice?
A perspective that focuses on repairing the harm caused by criminal behavior through cooperation among victims, offenders, and the community.
What is judicial activism?
The deviation from the literal meaning of the Constitution influenced by personal and political factors.
What is the role of victim advocates?
Trained professionals who direct crime victims to emotional, psychological, or financial support.
What is the difference between 'guilty' and 'nolo contendere'?
'Guilty' means admitting to the crime, while 'nolo contendere' means the defendant neither admits nor disputes guilt.
What is the goal of the rehabilitation perspective in the Criminal Justice System?
To care for and treat people who cannot take care of themselves, aiming to reduce recidivism by addressing underlying issues.
What does the conflict model of the Criminal Justice System emphasize?
The adversarial nature of the system, where components work in competition to produce a fair outcome or justice.
What is a victimless crime?
Illegal behavior that does not directly affect another person, such as drug use or sex work.
What are alternatives to incarceration?
House arrest, boot camps, intensive supervision, drug treatment, and electronic monitoring.
What was the importance of the case involving Brock Turner?
It highlighted flaws in the legal definitions of rape and contributed to changes in California's statutory definition of rape.
What does 'cybercrime' encompass?
Crimes committed using a computer or computer networks, such as network infiltrations and viruses.
What are the primary goals or purposes of the Criminal Justice System?
To control crime, prevent crime, provide and maintain justice, and to protect society.
What does the consensus model of the Criminal Justice System suggest?
It assumes that members of society agree on what is right and wrong, and that the justice system works cooperatively to achieve justice.
What is the focus of the due process perspective in the Criminal Justice System?
It emphasizes individual rights and constitutional safeguards against arbitrary or unfair governmental treatment, ensuring due process of law.
What is the main objective of the crime control perspective?
To reduce crime by increasing the power of law enforcement and ensuring the efficient apprehension, conviction, and punishment of criminals.
What does the nonintervention perspective advocate?
It suggests that the justice system should be minimally involved in offenders' lives to avoid stigmatization and labeling, preferring diversion where possible.
Name some of the major perspectives on the Criminal Justice System.
The crime control perspective, due process perspective, rehabilitation perspective, nonintervention perspective, conflict model, consensus model, and restorative justice.
What is the key distinction between the conflict model and the consensus model of the CJS?
The consensus model assumes societal agreement and cooperative system function, while the conflict model views criminal justice as an adversarial competition to achieve justice.