Individual Rights

The rights guaranteed to all members of American society by the U.S. Constitution.

Individual Rights

Especially those found in the ten amendments to the Constitution, known as the Bill of Rights.

How long has criminal activity been with us?

since the dawn of history

1850-1880 milestones in criminal history

end of civil war/large scale immigration

1920-1933 milestones in criminal history

prohibition/beginning of organized crime

1960-1970 milestones in criminal history

civil rights movement/respect for all

1980-20000 milestones in criminal history

gangs/drugs/juvenile crime

Individual-Rights Advocate

One who seeks to protect personal freedoms within the process of criminal justice.

Public-Order Advocate

One who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.

Justice

The principle of fairness; the ideal of moral equity.

Criminal Justice

*involves criminal law
*the array of procedures and activities having to do with the enforcement of criminal law
*the law of criminal procedure

Civil Justice

concerns itself with fairness in relationships between citizens, government agencies and businesses in private matters, such as those involving contractual obligations, business dealings, hiring and equality of treatment

Social Justce

an ideal that embraces all aspects of life. Linked to fairness and cultural beliefs of right and wrong.

Criminal Justice System

The agencies of law enforcement, court and corrections.

Criminal Justice System

Most people agree that laws against murder, rape, asults, and other serious crimes are necessary.

Consensus Model

assumes that the system's subcomponents work together harmoniously to achieve the social product we call justice

Conflict Model

Assumes that the criminal justice system' subcomponents function primarily to serve their own interests.

Conflict Model

The component parts of the system are fragmented leading to a criminal justice non-system.

Investigation and Arrest

The modern justice system begins with investigation.

Warrant

A writ issued by a court directing a law enforcement officer to perform a specified act and protecting him/her from damages.

Miranda v. Arizone (1966)

Defendants are usually advised of their Constitutional rights in this famous Supreme Court decision.

The Miranda Warning

You have the right to remain silent and anything you say and can be used against you in a court of law. You have the right to talk to a lawyer before we ask you any questions and have him with you during questioning. If you cannot afford to hire a lawyer,

Miranda Warning Two Prong Test

*Must be in custody /under arrest.
*Asked questions pertaining to the crime.

Booking

The state of the criminal justice process involving taking pictures and fingerprints of the suspect.

Bail

*The money or property pledged to the court or deposited with the court to affect the return of an accused person.

When is bail typically set?

first appearance

Preliminary Hearing is used to decide

Whether a crime was committed.

Preliminary Hearing is used to decide

whether the crime was committed in the court's jurisdiction.

Preliminary Hearing is used to decide

whether there are reasonable grounds to believe the defendant committed crime.

Probable Cause (51%)

fact that would lead a reasonable person to believe a crime is or has been committed.

Grand Jury

A group of people selected to hear evidence against an accused person to determine if there is a enough evidence to bring that person to trial.

Indictment

A formal written accusation submitted to the court by a grand jury alleging that a specified has committed a specified offense.

Arraignment

The hearing before the court of jurisdiction to
*identify the defendant
*inform the defendant of the charges
*defendant is required to enter a plea

Acceptable pleas inclue

*not guilty
*guilty
*no contest-typically petty offenses

When can a judge reject a plea of guilty?

If he thinks the plea was made under duress.

What will happen if a defendant "stands mute" at arraignment?

A not guilty plea will be entered by the judge.

Trail

The stage of the criminal justice process that examines issues of fact and law for the purpose of reaching a judgement of the conviction.

What does the 6th amendment concern?

defendants rights to a jury trial

What must a "petty offense" involve to eligible for a jury trial?

loss of $20 or more

Consecutive Sentence (felonies)

An offender serves one sentence after another is completed.

Example of consecutive sentences

2 - 6 year sentence = 12 years served

Concurrent Sentence

allows a offender to serve two or more sentences at the same time

Example of concurrent sentences

2- 6 year sentence = 6 years served

What percent of sentences imposed in criminal cases are because of guilty pleas rather than trials?

50%

What does a judge consider when making a decision?

*Emotional state of the defendant
*Social background of the defendant
*Criminal history of the defendant

Corrections

once an offender has been sentenced, the stage of "corrections" begins

Parole

freeing a prisoner after securing a specified portion of the prison sentence

Due Process

A right guaranteed by the fifth, sixth, and fourteenth amendments

Warren Court (1953-1969) Chief Justice Earl Warren

Remembered for its concern with protecting the innocent against massive power of the state in criminal proceedings.

Gideon v. Wainwright

Mandated that states provide lawyers for defendants who are unable to pay for them.

Crime Control Model

emphasizes the efficient arrest and conviction of criminal offenders

Due Process Model

emphasizes individual rights

Criminology

the study of crime, causation and prevention and the rehabilitation and punishment of offenders

Victimology

scientific study of crime victims