EXAM #1 SOC 131 UW-Madison

Plea Bargaining

discussions about whether there can be an agreement for the defendant to plead guilty on lesser charges or for a less-than-maximum sentence

5th Amendment

protects defendants from testifying (protection against compelled self-incrimination)

crime

actions that violate laws defining which socially harmful behaviors will be subject to the government's power to impose punishments

male in se

offenses that are wrong by their nature

Rape, murder

male prohibita

offenses prohibited by the law but not necessarily wrong in themselves

prostitution, gambling, drug use

3 goals of criminal justice system

doing justice, controlling crime, preventing crime

evidence-based practices

policies developed through guidance from research studies that demonstrate which approaches are most useful and cost-effective for advancing desired goals

federalism

a system of government in which power is divided between a central government and regional government

system

a complex whole made up of interdependent parts whose actions are directed toward goals and influenced by the environment in which they function

exchange

mutual transfer of resources; a balance of benefits and deficits that flow from behavior based on decision about the values and costs of alternative courses of action

plea bargain

a defendant's plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so, usually a reduction of the charge. The defendants ultimate goal is a penalty lighter than the one formally warranted by the charged offense

discretion

the authority to make decisions without reference to specific rules or facts, using instead one's own judgment; allows for individualization and infertility in the administration of justice

resource dependence

Criminal justice agencies do not generate their own resources -- maintain good relations with those who allocate resources

sequential tasks

Key to the exchange relationships among the justice system's decision makers, who depend on one another to achieve their goals

System is highly interdependent

filtering

a screening operation; a process by which criminal justice officials screen out some cases while advancing others to the next level of decision making

police

Keeping the peace

Apprehending violators and combating crime

Preventing crime

Providing social services

dual court system

a system consisting of a separate judicial system for each state in addition to a national system. Each case is tried in a court of the same jurisdiction as that of the law or laws broken

Supreme court reviews cases from both state and federal courts, it will only hear cases involving federal law or conditional rights

adjudication

determining whether or not a defendant is guilty

arrest

the physical taking of a person into custody in the grounds that there is reason to believe that he or she has committed a criminal offense. Police are limited to using only reasonable physical force in making an arrest. The purpose of the arrest is to hold the accused for a court proceeding.

booking

record of the arrest is made

charging

prosecuting attorneys are the key link between the police and the courts; they consider the facts and decide whether there is reasonable cause to believe that an offense was committed

initial appearance

suspect brought before a judge; suspects are given formal notice of the charges, advised their rights, and if approved by the judge, given a chance to post bail; purpose of bail is to permit the accused to be released while awaiting trial and to ensure that she or he will show up in court as the appointed time

preliminary hearing/grand jury

allows a judge to decide whether there is probable cause to believe that a crime has been committed. If there is enough evidence, the accused is bound over for arraignment on an information

indictment/information

prosecutor prepares charging documents and presents it to the court

arraignment

the accused person appears in court to hear the indictment or information read by a judge and to enter a plea. Plea bargaining may take place

trial

the right to a trial by an impartial jury is guaranteed by the 6th amendment if the charges are serious enough to warrant incarceration for more than 6 months

sentencing

judges impose a sentence

appeal

defendants who are found guilty may appeal convictions to a higher court. An appeal may be based on the claim that the trial court failed to follow the proper procedures or that constitutional rights were violated by by the actions of the police, prosecutors, defense attorneys, or judges

corrections

probation, intermediate sanctions such as fines and community service, incarceration

release

released after they serve full sentence; assigned a parole officer

layer 1

"celebrated" cases that are highly unusual, receive much public attention, result in a jury trial, and often drag on through many appeals; serve as morality plays

layer 2

felonies (serious crimes usually carrying a penalty of death or of incarceration for more than 1 year) that are considered serious by officials

layer 3

lesser felonies

layer 4

misdemeanors (offenses less serious than felonies and usually punishable by incarceration of no more than 1 year in jail, or by probation or intermediate sanctions

crime control model

a model of the criminal justice system that assumed freedom for the public to live without fear is so important that every effort must be made to repress crime. It emphasizes efficiency, speed, finality, and the capacity to apprehend try, convict, and dispose of a high proportion of offenders

due process model

a model of the criminal justice system that assumed freedom for individual who are wrongly accused and risk unjust punishment is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; it emphasizes the adversarial process, the rights of defendants, and formal decision-making procedures

disparity

difference between groups that may be explained either by legitimate factors or by discrimination

Racial and ethnci minorities are subjected to the criminal justice system at much higher rates than are the white majority

discrimination

differential treatment of individuals or groups based on race, ethnicity, gender, sexual orientation, or economic status, instead of on their behavior or qualifications

racial profiling

police officers disproportionately targeting people from certain racial and ethnic groups for investigation without proper legal justification

visible crime

offense against persons or property committed primarily by members of the lower class. Often referred to as "street crime/; or"ordinary crime" this type of offense is the one most upsetting to the public

violent crime

acts against people in which death or physical injury results

property crimes

acts that threaten property held by individuals or by the state

public-order crimes

acts that threaten the general well-being of society and challenge accepted moral principles

occupational crime

criminal offenses committed through opportunities created in a legal business or occupation. If done "right," they are never discovered

organized crime

a framework for the perpetration of criminal acts -- usually in fields such as gambling, drugs, and prostitution -- providing illegal services that are in great demand. Minimum risk and maximum profit

money laundering

moving the proceeds of criminal activities through a maze of businesses, banks, and brokerage accounts so as to disguise their origin (organized crime)

transnational crime

profit-seeking criminal activities that involve planning or execution across national borders

provision of illicit goods

drug trafficking and moving stolen property

provision of illegal services

human trafficking

infiltration of business or government

bribery money-laundering

victimless crimes

involve a willing and private exchange of goods or services that are in strong demand but illegal -- offenses against morality; those involved do not feel that they are being harmed

"War on drugs"

political crime

refers to criminal acts either by the government or against the government that are carried out for ideological purposes

cybercrimes

involve the use of computers and the Internet to commit acts against people, property, public order, or morality

victimology

a field of criminology that examines the role the victim plays in precipitating a criminal incident and also examines the impact of crimes on victims

legal responsibility

: the accountability of an individual for a crime because of the perpetrator's characteristics and the circumstances of the illegal act

substantive criminal law

law that defines acts that are subject to punishment and specifies the punishments for such offenses

Legislators decide which kinds of behaviors are so harmful that they deserve to be punished

They also decide whether the punishment should be imprisonment, a fine, probation, or another kind of punishment

procedural criminal law

law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and corrections

Protects the constitutional rights of defendants and provides the rules that officials must follow in all areas of the criminal justice system

felonies

serious crimes usually carrying a penalty of death or of incarceration for more than one year in prison

misdemeanors

offenses less serious than felonies and usually punishable by incarceration of no more than one year in jail, or by probation or intermediate sanctions

civil infractions

minor offenses that are typically punishable by small fines and produce no criminal record for the offender

inchoate offenses

conduct that is criminal even though the harm that the law seeks to prevent has not been done, but merely planned or attempted; crimes are prepared; only mens rea is present (intent)

elements of crime

actus reus, mens rea, concurrence

7 principles of criminal law

legality, actus reus, causation, harm, concurrence, mens rea, punishment

legality

law that defines the specific action as a crime

actus reus

must have human conduct + voluntariness

causation

causal relationship between the act and the harm suffered' necessary condition and sufficient condition

harm

an act must cause harm to have some legally protected value

mens rea

"guilty mind" or blameworthy state of mind, necessary for criminal offense; criminal intent, as distinguished from innocent intent; four levels (purposeful, knowing, reckless, negligent)

justifications

focus on the act and whether the act was socially acceptable under the circumstances

Invoked for actions based on self-defense or necessity in which he individual reasonably concluded that it was essential to cause harm for self-protection or survival under circumstances in which such actions are accepted by society

excuses

focus on the actor and whether the actor fulfilled the elements required for being held responsible under a criminal statute

Excuses are defenses that either eliminate (e.g. insanity) or diminish (e.g. intoxication) criminal responsibility because the individual did not process the knowledge, state of mind, or interns required for criminal conviction

self defense

person who feels that she or he is in immediate danger of being harmed by another person may ward off the attack

A person may be justified in shooting a robber who is holding a gun to her head, but a homeowner cannot shoot an unarmed burglar who is running down the street

defendant feels that he or she must harm an aggressor to ward off an attack

necessity

people break the law in order to save themselves or prevent some greater harm

Running red light to get injured child to hospital

duress (coercion)

someone commits a crime because he or she has been convinced by another person

entrapment

the defense that the individual was induced by the police to commit the criminal act

infancy

recognition that young children do not yet have the capacity to think about and understand appropriate behavior and the consequences of their actions

Mens rea is not present

Age 7 and under

7-14 are not liable for their criminal acts

mistake of fact

person made a mistake on some crucial fact; Honest error that negates the existence of the state of mind essential to the meaning of the crime

Person must be mistaken about an element of the law

intoxication

when a person has been tricked into consuming a substance without knowing that it may cause intoxication

insanity

Less than 1% of criminal defendants are found "not guilty by reason of insanity"

M'Naghten Rule

"Right from wrong test"

It asks whether at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did not know that he did not know what he was doing wrong

irresistible impulse test

Concerned with the M'Naghten Rule because some people can feel compelled by their mental illness to commit criminal actions even though they recognize the wrongfulness of their conduct

Excuses the defendants when a mental disease was controlling their behavior even though they knew what they were doing wrong

durham rule

The accused is not criminally responsible "if an unlawful act is the product of mental disease or mental defect"

model penal code

Overturned Durham Rule

States that a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lack substantial capacity either to appreciate the criminality of this conduct or to conform his conduct to the requirements of law

comprehensive crime control act

Limiting those who are unable, as a result of severe mental illness or defect, to understand the nature of wrongfulness of their acts

Irresistible impulse test cannot be used in federal courts

Shifts the burden of proof from the prosecutor to the defendant, who has to prove his or her insanity

Creates a new procedure whereby a person who is found not guilty only by reason of insanity must be committed to a mental hospital until she or he has no longer poses a danger to society

individual rights vs. public safety

Communities turn to police, prosecutors, and the state to get involved

Victim becomes less involved

Conflicts strictly used to be between the offender and the victim -- it is not today

Problems with overly powerful government

Coffee cup scenario → is the cup admissible?

Cop took cup as a public safety interest '

UW student scenario

Cops search further than they would allow for public safety

Cooks consent didn't reach the drawer where they found the journal

This is a violation of individual/privacy rights

They needed a warrant

Attorneys argued that the evidence was not admissible in court

Further functions of criminal justice

Control of dangerous behavior, but what is dangerous? What is a crime?

Set out and enforce a moral code

Order and discipline

public expectations vs. how system operates

Myths and stereotypes

factual guilt

whether a defendant has committed a crime (as known by a omniscient observer)

However, sometimes the witness may give false evidence if they weren't wearing glasses

This can also lead to wrongfully convicting people

legal guilt

whether guilt has been established through procedure/trail (by judge or jury)

jury nullification

factually guilty but decide to say they're innocent

public law

regulates relationship among and between the state government, authorities, and individuals

-Administrative

-Criminal is a form

private law

regulates law among and between individuals

Ex: going to a car dealership but you brought a defective car, buying groceries, buying a house (you have contracts), cell phone provider

Civil law

civil law

form of private law because it governs the relationship between individuals in society e.g. contracts laws, company laws, tort (law that regulates damages)

criminal law

form of public law designed to prevent or enforce certain types of behavior and punish offenders

double jeopardy

Being tried twice for the same crime in either criminal or civil law

jurisdiction

what court has authority to decide a case? Type of law violated? What if both?

statutes

(main feature of the civil law tradition)

Main feature of civil law tradition

case law

(a feature of the common law tradition)

Most procedural law in the U.S. in case law

Incapacitation

can't physically be able to commit again

retribution

punished

rehab

get help

deterrence

lock up a criminal to deter others