Criminal Justice System
the means that society use to \"enforce the standards of conduct necessary to protect individuals and the community\
Goals of the Criminal Justice System
1. Doing justice 2. controlling crime 3. preventing crime
Three Principles of the Goal of doing Justice
1. Offenders will be held fully accountable for their actions 2. the rights of persons who have contact with the system will be protected 3. like offenses will be treated alike and officials will take into account differences among offenders and offenses
How to Control Crime
Arresting, prosecuting, convicting, and punishing those who disobey the laws
How to Prevent Crime
One major way is the deterrent effect of the actions of police, courts and corrections
Federalism
Power is divided between a central (national) government and regional (state) governments
Due to Federalism
No single level of government is solely responsible for the administration of criminal justice
Most Criminal Law
Written by state legislature
Disputes over Jurisdiction
When an offense violates both state and federal laws
Department of Homeland Security
Consolidation of border security, intelligence, and emergency response agencies from other departments of government
Transportation Security Administration
Protecting travelers and interstate commerce
What is the key feature of federalism?
A division of power between a central (national) government and regional (state) government
What powers does the national government have in the area of criminal justice?
Enforcement of federal criminal laws
What factors have caused federal involvement in criminal justice to expand?
The expansion of criminal activities across state borders; the war on terrorism
System
A complex whole made up of interdependent parts whose actions are directed toward goals and influenced by the environment in which they function
Subsystems of criminal justice system
police, courts and corrections are also interdependent
Exchange
The mutual transfer of resources among individual actors, each of whom has goals that he or she cannot accomplish by themselves
Plea Bargain
Defense attorney and the prosecutor reach an agreement: The defendant agrees to plead guilty in exchange for a reduction of charges or for a lighter sentence
Concept of Exchange
Decisions are the products of interactions among individuals and that the subsystems of the criminal justice system are tied together by the actions of individual decision makers
What is one example of an exchange relationship?
Plea bargain
Four Major Characteristics of Criminal Justice System
1. discretion 2. resource dependence 3. sequential tasks 4. filtering
Discretion
Officials\' freedom to act according to their own judgement and conscience
Arguments to Justify Discretion
1. Discretion is needed because the system lacks the resources to treat every case the same 2. Officials believe that discretion permits them to achieve greater justice that rigid rules would produce
Criminal Justice Agencies
Depend on other agencies for fundraising
Sequential Tasks
Decisions in the cjs are made in a specific sequence. System is highly interdependent partially because it is sequential
Filtering Process
At each stage some defendants are sent on to the next stage, while others are released or processed under changed conditions
Criminal Justice as a Filtering Process
LECTURE 2, FIGURE 1.3, p.14
Police
Does not refer to a single agency or type of agency, but to many agencies at each level of government
Four Major Duties of Police
1. Keeping the peace (protection of rights and persons) 2. Apprehending violators and combating crime (small portion) 3. Preventing crime (by educating public) 4. 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
None of the state courts interpret the laws the same as the others. Reflect different social and political conditions.
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Adjudication
Determining whether or not a defendant is guilty. (Must use fair procedures that will produce just, reliable decisions)
Corrections
A variety of agencies and programs are provided by private and public organizations and carried out in many different community and closed settings
Offenders
2/3 of offenders are in the community on probation, community based sanctions, or parole
What are the major types of state and local correctional facilities and programs?
Prisons, jails, probation, parole, intermediate sanctions. Public, nonprofit, and for-profit agencies carry out these programs
Officials have the discretion to decide what happens next
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Arrest
Physically taking a person into custody pending a court preceding
Warrant
a court order issued by a judge authorizing police officers to take certain actions
Information
A document charging a person with a specific crime
Indictment (true bill)
charging the specific person with a crime
Felonies
serious crimes that are generally punishable by one year or more in prison
Criminal Justice Wedding Cake
misdemeanors (90%) > lightweight felonies > Heavy weight felonies > Celebrated cases (serve as morality plays)
Misdemeanors
Offenses less serious then felonies
Main Goal of Criminal Justice Officials
Dispose of weak cases quickly (all cases not treated equally)
Crime Control Model
A model of the criminal justice system that assumes freedom 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 offend
Due Process Model
A model that assumes freedom 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
Crime Control: Order as a Value
Every efforts must be made to repress crime. The goal of controlling crime uppermost, putting less emphasis on protecting individuals\' rights. Promotes bargaining between the state and accused and typically end with the defendant pleading guilty
Due Process: Law as a Value
Freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information. Stresses the adversarial process, the rights of defendants, and formal decision-making procedures. State must prove that th
Disparty
A difference between groups that may either be explained by legitimate factors or indicate discrimination
Discrimination
Occurs when groups are differentially treated without regard to their behavior or qualifications.
Explaining Disparities
1. People of Color Commit More Crimes- More people of color will end up in the courts/prisons if they are more likely to commit a greater number of serious crimes. Link between crime and economic disadvantage is significant. 2.The criminal justice system
Defining Crime
Criminal law is defined by elected representatives in state legislatures and Congress
Mala in se
Wrong by their very nature (don\'t necessarily remain fixed over time but change with society\'s values)
Mala prohibita
Crimes because they are prohibited by the government and not because they are wrong in themselves
Dark Figure of Crime
the unknown amount of crime that is not contained in official crime stats or social science methodologies
Uniform Crime Reports
Statistical summary of crimes reported to the police based on voluntary reports to the FBI by local, state, and federal agencies. Inaccurate when agencies underreport crime
National Incident-Based Reporting System
A reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim and property
National Crime Victimization Surveys
Interviews of samples of the US population to determine the number and types of criminal victimizations and thus the extent of unreported as well as reported crime. Government employees administer surveys, cover a limited range of crimes, and depend on th
Trends in Crime
Crime rates have not been steadily rising and the greatest decline is in property crimes. What explains the drop in violent/property crimes? aging of the baby boom population, security systems, aggressive police efforts to keep handguns off the street and
Crime Trend-Age
Men 16-24 are most crime prone group
Crime Trend- Crack Cocaine
Led to an increase in violent crime and when the government cracked down on the drug problem, increase in prison sentences and this lead to a major downfall in crime
Victimology
Field of criminology that examines the role the victim plays in precipitating a criminal incident and the impact of crimes on victims
Who is Victimized?
Not everyone has an equal chance of being a crime victim. Male AA teenagers are most likely to be victimized because of where they live. Most violent crime is intraracial due to "high levels of socioeconomic disadvantage". People with higher incomes have
Costs of Crime
1.Economic costs- lost property, lower productivity, and medical expenses 2. Psychological and emotional costs- pain, trauma, etc. 3. costs of operating the criminal justice system
Fear of Crime
Fear limits freedom and creates anxieties that affect physiological and psychological well-being. Americans' fears seem toe exceed actual victimization risks
Justice For All Act
Mandates such rights for victims in criminal cases processed in the federal courts
Role of Victims in Crime
Victims behave in ways that facilitate the acts committed against them and some people do not take precautions to protect themselves
What are the main elements of the life-style-exposure model?
Demographic characteristics, adaptations, lifestyle, associations, and exposure
Why do some crime victims feel mistreated by the criminal justice system?
The system focuses on finding and punishing the offender; police and lawyers often question victims closely, in an unsympathetic manner; victims do not always receive assistance that covers their medical expenses and loss
Foundations of Criminal Law
Guilt has to be determined through procedures established by law. Laws prevent gov officials from seizing too much power or using improperly. Judges interpret laws by seeking to fulfill the legislators' intentions
Civil Law
Governs business deals, contracts, real estate, etc.
Substantive Criminal Law (Penal Code)
Defines actions that the government can punish and specifies the punishments for such offenses. Elected officials in Congress, state legislatures, and city councils write the substantive criminal laws
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 is defined by legislature.
Elements of a Crime
The parts of a crime that the prosectuion must establish to obtain a conviction. If any one element of a crime cannot be established by the prosection, then a finding of not guilty must be entered as to that crime.
Malice Aforethought
Distinguish murder from manslaughter
Murder
1. Defendants knew their behavior had a strong chance of causing death, showed indifference to life, and thus recklessly engaged in conduct that caused death 2.Defendants' behavior caused death while they were committing a felony
Manslaughter
Death from self-defense and might include death resulting form recklessness or negligence