In-depth Exam Notes for Criminal Justice (Chapters 1-12, 15)

Discretion: Ability of criminal justice professionals to make operational decisions based on personal judgment.
Criminal Justice System:
- Main Purposes: Maintain justice and protect society.
- Dual Court System: Separate federal courts (for federal crimes) and state courts (for state crimes).
Federalism:
- Constitutional division of powers between federal and state governments.
- Observed at federal, state, and local law enforcement levels.
Determining Criminal Behavior:
- Conflict Model: Different opinions on morality and criminality; laws reflect power dynamics (economic, political, social).
- Consensus Model: Laws mirror the majority opinion in society.
Types of Crime:
- Violent Crimes: Murder, rape, sexual assault, robbery.
- Robbery: Force or threat used to take property.
- Example: Purse-snatching vs. taking a purse lying on a desk.

Link Between Drugs and Crime:
- Medical Model of Addiction: Treats drug abuse as mental illness focusing on rehabilitation.
- Criminal Model of Addiction: Views drug offenders as criminal threats deserving punishment.
Criminological Theories:
- Classical Criminology: Swift, harsh punishment deters crime.

Civil Law:
- Burden of Proof: Preponderance of the evidence.
Criminal Law:
- Burden of Proof: Beyond a reasonable doubt.
- Sources: Constitutional law, statutory law, administrative law, case law.
Classification of Crimes:
- Mala in Se: Wrong in itself (e.g., murder, rape).
- Mala Prohibita: Illegal by statute (e.g., prostitution, traffic violations).

Development of American Criminal Law:
- Stare Decisis: Courts obligated to follow precedents.
Purposes of Criminal Law:
- Legal Function: Protect and punish.
- Social Function: Reflect societal values and norms.
Supremacy Clause: Ensures federal law prevails in conflicts with state law.
Elements of a Crime:
- Corpus Delicti: Proof that a specific crime has been committed.
- Actus Reus: Guilty act.
- Mens Rea: Guilty mind; mental state varies (knowingly, negligently, recklessly).
- Accomplice Liability: Individuals aiding a crime can be charged similarly.
- Causation: Link between the act and the crime.
- Attendant Circumstances: Context needed for conviction.

Responsibilities of the Police:
- Enforcing Laws: Primary public role.
- Providing Services: Emergency calls, traffic control.
- Preventing Crime: Patrols and presence.
- Preserving Peace: Resolving community disputes.
Warrior vs. Guardian Mentalities:
- Warriorism: Militarized policing; focus on survival.
- Guardian Mentality: Non-confrontational, humanistic approach to policing.

Police Strategies:
- Broken Windows Theory: Focus on minor crimes to prevent serious crime.
Significant Cases:
- Tennessee v. Garner: Limitations on deadly force by police.
- Graham v. Connor: Objective reasonableness standard for use of force.

Levels of Police Encounters:
- Mere Encounter: No reasonable suspicion; subject can leave.
- Investigatory Detention: Requires reasonable suspicion; subject not free to leave.
- Custodial Arrest: Requires probable cause; Miranda rights must be given.
Suspicion Levels:
- Reasonable Suspicion: Belief a crime is occurring; more than a hunch.
- Probable Cause: Facts leading a reasonable person to believe a crime has occurred.

Functions of Courts:
- Due Process Function: Protect individuals from state power.
- Crime Control Function: Punishment for societal protection.
- Rehabilitation Function: Treatment for criminals.
- Bureaucratic Function: Process efficiency in hearing cases.
Jurisdiction: Authority to hear cases.
- Concurrent Jurisdiction: Both state and federal courts can have authority.
Judges’ Role: Explain law points to juries.

Brady Rule: Prosecution must disclose exculpatory evidence to the defense.
Attorney General(s): Chief law enforcement officers at state and national levels.
Bail Regulations:
- Addressed by the 8th Amendment; should not be excessive.
Discovery Process: Prosecution and defense exchange evidence.

Right to Speedy Trial: 6th Amendment guarantee.
Jury Selection: Voir Dire process assesses juror bias.
Key Procedures:
- Opening Statements: Presenting case overview by both sides.
- Expert Witnesses: Testimony based on expert knowledge.
- Jury Nullification: Jury disregards law instructions.

Reasons for Sentencing:
- Retribution: Punishment for lawbreaking ("just deserts").
- Deterrence: Prevent future crimes by setting examples.
- Incapacitation: Separating offenders from society.
- Rehabilitation: Providing resources to prevent recidivism.
Sentencing Types:
- Indeterminate: Minimum and maximum sentencing ranges.
- Determinate: Fixed sentencing time.
Sentencing Disparities: Influences of gender, race, age, etc., on sentencing outcomes.

Community-Based Corrections Justifications:
- Reintegration: Help offenders adjust.
- Diversion: Low-cost alternatives to incarceration.
Probation: Supervised community sentence; most common punishment.
- Reasons for Denial: Multiple prior convictions, serious injury to victims, drug addiction.
Parole Conditions: Supervised early release with restrictions.
Intermediate Sanctions: Examples include community service, restitution, home confinement.

Differences Between Juvenile and Adult Courts:
- No juries, less adversarial, and confidentiality of proceedings.
Important Case Law:
- In re Winship (1970): Government must prove delinquent acts beyond reasonable doubt.
Juvenile Gang Involvement Reasons: Identity, support, fellowship, criminal activity.
In loco parentis: Authority acting in place of a parent.
Disposition Hearing: Sentencing after finding a juvenile delinquent.