JUST 1000 Final Exam
Terms in this set (88)
What two occurrences led to the development of formal agencies of criminal justice in the U.S. and abroad in the 19th century?
1. Increase in crime rate
The criminal justice system or the contemporary criminal justice system is divided into three main components. What are they?
3. Law enforcement
What is social control?
-Society's instrument is the criminal justice system
-Responds to dangerous behavior
-Apprehends, adjudicates and sanctions law breakers through its agencies
-Resides in every branch of government
The formal criminal justice process
-Arrest: In-presence requirement
-Preliminary hearing/grand jury
The criminal justice assembly line
The view of the criminal justice system as an assembly line in a factory
-endless supply of cases
Funnel view of the criminal justice system
-Large number of cases enter the system
-For numerous reasons, cases exit the process
-The relatively few cases that are left progress through the entire process
When a prosecutor decides not to prosecute a case
After an arraignment, or even before, the defense and prosecution will discuss a possible guilty plea in exchange for the prosecution reducing or dropping some of the charges or agreeing to request a more lenient sentence
How often is plea bargaining used as compared to taking a case to trial?
Almost 90% of all cases end in a plea bargain
The 4 layers of Samuel Walker's Wedding Cake Model of Justice.
Level 1- celebrated cases: involving the wealthy and famous
Level 2- serious felonies: rapes, robberies, burglaries
Level 3- less serious felonies: young/first time offenders
Level 4- millions of misdemeanors: disorderly conduct, shoplifting, minor assault
The smallest number of cases receive the most attention (informal view)
The six perspectives on Justice
Emphasizes the control of dangerous offenders and the protection of society. Calls for harsh punishments as a deterrent to crime and support availability of the death penalty
The primary purpose of criminal justice is helping to care for people who cannot manage themselves. Crime is an expression of frustration and anger created by social inequality and can be controlled by giving people the means to improve their lifestyle through conventional endeavors
-Provide fair and equitable treatment for the accused.
-Every person deserves their constitutional rights and privileges.
-Constitutional rights and democratic ideals take precedence over punishment.
-Decisions must be carefully scrutinized to avoid errors.
-Criminal justice agencies should limit involvement with criminal defendants.
-Labeling individuals as criminals is harmful and disruptive.
-Stigmas lock people into a criminal way of life.
-Decriminalize, divert, and deinstitutionalize.
-Equal treatment should be given for equal crimes.
-Decision making is standardized and structured by rules and regulations.
-Individual discretion is reduced and controlled.
-Inconsistent treatment produces disrespect for the system.
-Offenders should be reintegrated back into society.
-Coercive punishments are self-defeating.
-Justice system must become more humane.
Three views of how crime is defined.
Consensus View of Crime
Majority of citizens in a society share common ideals and work toward a common good. Crimes are acts that are outlawed because they conflict with the rules of the majority and are harmful to society
Conflict View of Crime
The law is controlled by the rich and powerful who shape its content to ensure their continued economic domination of society. The criminal justice system is an instrument of social and economic repression
Interactionist View of Crime
Criminal law reflects the values of people who use their social and political power to shape the legal system
What is the Uniform Crime Reports (UCR)?
The FBI's yearly publication of where, when, and how serious crime occurred in the prior year
-best known and most widely cited source of criminal records
-published in an annual volume called Crime in the United States and serves as the nation's official crime statistics
What is the National Crime Victimization Survey (NCVS)?
A national survey of approximately 90,000 households, used to estimate the frequency of crime victimization, as well as characteristics of victims
-addresses the non-reporting crime issue
When discussing crime trends by using age or age structure, what group commits a large portion of the crime in the U.S.?
What racial group experiences violent crime victimization at a higher rate than other groups?
Rational Choice theory
People will engage in delinquent and criminal behavior after weighing the consequences and benefits of their actions. Delinquent behavior is a rational choice made by a motivated offender who perceives the chances of gain as outweighing any perceived punishment or loss
Social Conflict theory
Human is shaped by interpersonal conflict, and those who maintain social power use it to further their own interests
Social interactions that are developed over the life course shape behavior. Some interactions, such as involvement with deviant peers, encourage law violations whereas others, such as marriage and military service, may help people desist from crime
theory that deviance is more likely to occur when a gap exists between cultural goals and the ability to achieve these goals by legitimate means
Social Learning theory
Behavior patterns are modeled and learned in interactions with others
The four broad categories or branches of law
-Substantive criminal law
-Public or administrative law
Substantive Criminal Law
A body of specific rules that declare what conduct is criminal and that prescribe the punishment to be imposed for such conduct
The rules and laws that define the operation of criminal proceedings. Describes the methods that must be followed in obtaining warrants, investigating offenses, effecting lawful arrests, conducting trials, introducing evidence, sentencing convicted offenders, and reviewing cases by appellate courts
The branch of law that deals with the state or government and its relationships with individuals or other governments
All law that is not criminal, including the law of torts (personal wrongs) and contract, property, maritime, and commercial law
The roots of contemporary criminal codes of law can be traced back to what written code of law and punishment? It is the earliest written code of law and punishment.
Code of Hammurabi
What early law standardized the law of the land in England and eventually formed the basis of criminal law in the U.S.?
"guilty mind" The mental element of a crime or the intent to commit a criminal act
An illegal act. Can be an affirmative act, such as taking money or shooting someone, or failure to act, such as failing to take proper precautions while driving a car
mala in se
Refers to acts society considers inherently evil, such as murder and rape, and that violate the basic principles of Judeo-Christian morality
Crimes created by legislative bodies that reflect prevailing moral beliefs and practices, not evil, such as embezzlement
Criminal defendants admit to performing the physical act of the crime but claim they are not responsible for it because they lacked free will. It's not their fault because they had no control over their actions so they should be excused from criminal responsibility
Defendants don't deny that they committed a crime but claim that anyone in their situation would have acted in a similar fashion. Denies mena rea "I did a bad act, but I did it for all the right reasons"
Informally watch out for each other
Formal, blade at age 12 to watch the town at night
In medieval England, who was the senior or chief law enforcement figure in the county?
In medieval England, who might be considered the first real police officer?
Who was influential in getting the Metropolitan Police Act passed and establishing the first organized police department in London, England?
Sir Robert Peel
Who is the most famous police reformer from the end of the 19th century to the 20th century? He is known for innovation and being the Father of modern American policing.
The Law Enforcement Assistance Administration (LEAA).
Donated funds to police agencies. Most of the money went to supporting innovative research on police work and advanced training of police officers. Helped thousands of officers further their college education
What is America's oldest federal law enforcement agency?
The US Marshals Service
What agency is the earliest example of a state police or law enforcement agency?
The Texas Rangers
How do most police departments determine promotion eligibility?
Time in Rank
What division of a police or law enforcement agency is considered the backbone of that agency or department?
What is Community-oriented policing?
Programs and strategies designed to bring police and the public closer together and create a more cooperative working environment between them
What is Compstat?
A program originated by the New York City police that used carefully collected and analyzed crime data to shape policy and evaluate police effectiveness
What is Forensic Science?
The use of scientific techniques to investigate questions of interest to the justice system and to solve crimes
What is the division or branch of a law enforcement agency that investigates corruption or misconduct on the part of law enforcement officers?
What is double marginality?
The social burden African American police officers carry by virtue of being both minority group members and law enforcement officers
What is Discretion?
The use of personal decision making and choice in carrying out operations in the criminal justice system. Police discretion can involve deciding whether to make an arrest; prosecutorial discretion can involve deciding whether to accept a plea bargain
What is the "Blue Curtain"?
The secretive, insulated police culture that isolates officers from the rest of society
What is racial profiling?
The practice of police targeting minority groups because of a belief that they are more likely to be engaged in criminal activity
A term for police officers who actively solicit bribes and vigorously engage in corrupt practices
A term for police officers who accept payoffs when everyday duties place them in a position to "look the other way"
What is the importance of Miranda v. Arizona?
The supreme court created objective standards for questioning by police after a defendant has been taken into custody
Tennessee v. Garner
The use of deadly force against apparently unarmed and non-dangerous fleeing felons is an illegal seizure of their person under the 4th amendment
What is Probable Cause?
The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant, less than absolute certainty or "beyond a reasonable doubt," but greater than mere suspicion or "hunch"
Have an understanding of what the U.S. Supreme Court is and what it does.
The nations highest appellate body and the court of last resort for all cases tried in various federal and state courts
What is the legal basis for the federal court system?
Article 3 section 1 of the US constitution "the judicial power of the US shall be vested in one supreme court, and in such inferior courts as congress may from time to time ordain and establish"
What is the prosecutor's role in the criminal justice process?
Advises police during investigations to determine if criminal charges should be filed. Represents the state in legal matters. Legal advisor to elected officals
What is the importance of Gideon v. Wainwright?
The supreme court granted counsel to indigent defendants in felony prosecutions
What is the importance of Strickland v. Washington?
The supreme court defined the concept of attorney competence by establishing the two-pronged test for determining effectiveness of counsel
Two main mechanisms for charging defendants, the grand jury indictment and the prosecutor's bill of information.
the grand jury indictment and the prosecutor's bill of information
Grand jury indictment
Finds that probable cause exists for prosecution of an accused suspect
Prosecutor's bill of information
Charging document filed that forms the basis of the preliminary hearing
What is the standard of proof to convict at the adjudicatory stage of the criminal justice process?
Proof beyond reasonable doubt
What is a writ of habeas corpus?
Locked up person files a writ to court that they are being illegally held. Finds out if there is probable cause
Theory that crime rates are influenced and controlled by the threat of criminal punishment. If people fear being apprehended and punished, they will not risk breaking the law
A crime control policy suggesting that punishment should be severe enough to convince convicted offenders never to repeat their criminal activity
A fixed term of incarceration, such as 3 years imprisonment. Many people consider this too restrictive for rehabilitative purposes; the advantage is that offenders know how much time they have to serve
A term of incarceration with a stated minimum and maximum length, such as a sentence to prison for a period of 3 to 10 years. Eligible for parole after the minimum is served. Based on the belief that sentences sound fit the crime, allow individualized sentences and provide flexibility. Judges can set a high minimum to override the purpose.
One sentence is served after the other
All sentences are combined and the longest sentence is served
What is the importance of Gregg v. Georgia?
Allowed death penalty for murder only
What is probation?
A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court subject to certain conditions for a specified time
Who is credited with starting the idea of community supervision or probation?
What is a presentence investigation?
An investigation preformed by a probation officer attached to a trial court after the conviction of a defendant
What is Restorative Justice?
-Keeps someone from going to court
-For minor offenses