CRM - Wedding Cake Model of Justice
Terms in this set (28)
What are the role of three main components of the contemporary criminal justice system? Be able to explain the main roles of each of the components.
1. Police - maintain order
2. Courts/Judicial System - interpret & enforce
3. Corrections - reform, treatment & restoration.
How are the CJ system and social control related?
Social control is society's ability to control individual behavior in order to serve the best interests and welfare of the society as a whole.
What is the scope of the CJ system?
Spend $260 Billion annually, supervise 7 million, employ 2 million
What are the steps in the formal CJ system procedures?
Police - initial contact, investigation, arrest, custody
There are a number of different perspectives of justice. Be able to discuss at the key elements of three different perspectives.
1. Restorative Justice - repairing harm after the crime was committed.
2. Non Intervention Justice - gentle approach, alternative appropriate action. i.e. decriminalization of marijuana.
3. Due Process - ensuring all rights are safeguarded.
Why are ethics important at each stage of the criminal justice system?
To preserve a person's due process rights: doing what is fair and just while balancing the protection of the public's best interest.
What are the different views of how crime are defined?
1. Consensus view of crime - punishing criminals b/c the law defines crime and applies equally to all.
2. Conflict view of crime - law used by ruling class to maintain power. Crime is a politically defined concept. Racism, sexism and classism are not outlawed. Policies developed to push political agendas.
3. Interactionist view of crime - moral entrepreneurs define crime. Acts become criminal b/c of societal definition. Crime labels are life transforming events.
What are the different sources of crime data?
National Incident Based Reporting System (NIBRS) - hierarchy rule, only most severe crime gets reported when there are multiple crimes.
Uniform Crime Reports (UCR)
National Crime Victimization Survey (NCVS)
Self Report Surveys
Define Part I and Part II Crimes
Part 1 Crimes - more serious crimes: homicide, rape, robbery, etc.
Part 2 Crimes - less serious crimes: simple assault, vandalism, gambling, etc.
Explain what is meant by expressive vs. instrumental violence.
Expressive violence - violent behavior motivated by rage, anger, or frustration.
Instrumental violence - acts designed to improve financial or social position of the criminal
What is known about the ecology of crime?
Seasons - crime is higher in summer with exception of Dec/Jan due to family time and gifts.
When - more crimes committed on the first of the month
Where - south and midwest have higher crime rates
What is known about crime patterns, age, and gender?
Arrest data shows high rates of criminality for: males, minorities, poor and young.
Gender differences stem from societal changes for women, gender norms.
Victims of crime tend to be poor, young, male and members of minority group.
What is meant by the term chronic offender?
Repeat criminals who are responsible for significant law violations.
What is criminology and who studies it?
Criminology - the study of nature, extent, cause and control of criminal behavior.
What are the main theories of criminology? What is the major premise of each of the theories?
a. Choice Theory - rationale ppl who commit crime after weighing pros and cons. - Rational Crimes
Trait Theories - crime is caused by inherited and/or uncontrollable traits. - Biochemical factors (environmental contaminants, diet), Neurological Factors, Genetic Factors
c. Psychological Theories
d. Psychodynamic Theory - some kind of damaging or stressful situation that led to the person committing a crime.
Sociological Theories - explains the difference between crime rates among Society. places emphasis on environmental/societal conditions. - social structure theory, social process theory, social control theory, social reactions review.
Developmental Theories - suggest that events take place over the life course to influence criminal choices. - latent trait theory, life course theory, trajectory theory.
General vs. specific deterrence
General Deterrence - let ppl know the punishment so they won't commit crime. i.e. dui stops.
Specific Deterrence - punish someone for a crime so severely that they won't do it again.
What are theories of victimization?
How a person becomes a victim: victim precipitation theory - victim provoking or encouraging criminal behavior
lifestyle theory - things we do that make becoming a victim more likely: criminals more likely to become victim
routine activities theory - the view that crime is a product of three everyday factors.
Elements of routine activities theory.
The view that crime is a product of three everyday factors:
motivated offenders - Teenage boys, unemployed, drug abusers
suitable targets - unguarded targets, unlocked cars
lack of capable guardians - homeowners, police, neighborhood watch groups
Substantive and procedural criminal law
Substantive law - defines crimes and their punishment
Procedural law - sets out the basic rules of practice in the CJS
What is civil law?
Governs relations between private parties.
What is meant by ex post facto law?
A law that makes an act criminal after it was committed or retroactively increases the penalty for a crime.
Explain how misdemeanors and felonies differ and provide an example of each.
Misdemeanors - minor crimes, fine or less than one year of incarceration - petty theft
Felonies - serious offenses, incarceration for over 1 year - murder
What is the difference between an excuse defense and a justification defense? What are examples of each?
Excuse defense - lacked mens rea. Duress, insanity, age.
Justification defense - reasonable thing to do. Consent, self-defense.
What is meant by actus reus and mens rea?
actus reus - the illegal act or failure to act
mens rea - guilty mind, intent to commit criminal act
Less serious felonies