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CJ Exam 1
Terms in this set (35)
-advocates individual rights to ensure that the government does not adjudicate offenders unfairly.
-argues that the criminal justice system should ensure that individual rights are not violated.
The 4 C's of Criminal Justice
Victims or offenders who provide the basis of the criminal justice system.
Beliefs of Retribution
Also called "just deserts," in which punishment must be inflicted on wrongdoers because the law has been violated. It favors incarceration and the death penalty, in accordance with the just deserts model.
Beliefs of Rehabilitation
Advocates the correction of problems that are responsible for criminal behavior. Advocates that prisons and jails offer more treatment for drug and alcohol abuse, counseling, and job training. Requires an individual focus so that punishment and treatment can be tailored to an offender's needs.
The Dark Figure of Crime
The total number of crimes committed because it is unknown how many crimes are actually committed.
Uniform Crime Report
The largest and best-known official statistics and reports the number of crimes reported to the police.
Behavior deemed "bad" or "inappropriate" by others. Behavior that is considered deviant in one situation may be appropriate in others.
Acts are not viewed as inherently bad but are still criminalized. Examples of these acts are underage drinking and speeding.
Considered a serious breach of the law and is
punishable by one year or more in prison.
Created the "Classical School" of Criminal Justice.
The Classical School of CJ
-crime is the result of free will, in which individuals weigh the benefits and costs of a particular action and then act accordingly.
-laws should be clear and punishments must be well known and proportionate to the offense.
-the law should apply equally to everyone.
-refers to decisions made by criminal justice
actors regarding whether or not to act.
-permissible, even encouraged, in order for the criminal justice system to function.
Who has discretion in the criminal justice system?
Law enforcement officers when deciding how to react to a situation.
Who influences lawmaking?
Legislative, Executive, and Judicial.
-responsible for law creation, but they will create agencies to delegate that responsibility.
-these agencies create rules that other bodies must follow; these bodies include businesses and other government entities.
-found at the local, state, and federal
Law emanating from these agencies from the legislative branch.
-this source is composed of mayors, etc. at the local level, governors at the state level, and the president at the federal level.
-have limited law-making ability, but they are important nonetheless.
-this source is composed of state and federal courts.
-this source comes from rulings made by trial judges and appellate courts.
Law emanating from the judicial branch.
-the process that government bodies must follow to enforce the law.
-most procedural law is found in the U.S. Constitution.
4 Procedural Rights in the Constitution
-prohibition against ex post facto laws
-prohibition against bills of attainder
-the right to habeas corpus
-the right to a trial by jury
Principle of Legality
States that the government cannot punish an individual if his/her conduct is not defined as a crime.
What is the mental element of a crime and does it have to be present for criminal liability?
-when an individual is incapable of understanding the wrongness of his/her actions
-most states utilize the M'Naghten rule
Under this rule, individualist must prove that they were in such a state of mind that they could not know what they were doing or that they did not know what they were doing was wrong.
-the law states that it makes no difference whether an individual intended to commit a crime or not, he/she can still be held liable for that crime.
-a common example is statutory rape.
White Collar Crime
-refers to crimes committed by individuals with a higher socioeconomic status.
-these offenses are committed during the course of an individual's job.
-examples include employee theft, price fixing, and insider trading.
Requirements of Self-Defense
-when an individual feels he/she is justified in engaging in a certain action.
-individuals must prove that an ordinary, reasonable person would have acted in the same way if attacked.
-Reasonable, Necessary, Protection, Impending
Ex Post Facto
-prohibits retroactive laws.
-a law passed tomorrow cannot be applied to behavior that one engages in today.
-allows an individual to challenge illegal confinement by the government.
-protection that allows defendants to challenge the legality of their confinement or incarceration.
4th Amendment Provisions
-to search an individual's home, the government must secure permission to do so by a judge; this comes in the form of a warrant.
-information must be justified by a standard known as "probable cause," loosely defined as more evidence exists than not that an individual has committed a crime.
-searches and seizures that violate Fourth Amendment provisions are subject to the exclusionary rule; that is, illegally seized evidence is excluded from a prosecution.
-a constitutional protection for citizens against unlawful police actions.
-requires that any evidence obtained illegally must be excluded from criminal trials.
5th Amendment Provisions
-an individual cannot be compelled to confess his/her involvement (or noninvolvement) in criminal activity.
-protection against double jeopardy, prohibiting the government from prosecuting someone again after that individual has been acquitted or convicted.
-the right to a grand jury proceeding, in which a number of ordinary citizens review the charges against an individual and decide if the charges warrant a trial.
Role of Grand Jury
Consists of a number of ordinary citizens who review the charges against an individual and decide if the charges warrant a trial.
6th Amendment Provisions
-right to a speedy trial.
-right to a public trial.
-right to an impartial trial.
-right to a trial by jury.
-right to assistance of counsel.
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