Criminal Justice - Unit 1

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Chapter 1
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Terms in this set (107)
In - presence requirementThe principle that in order to make an arrest in a misdemeanor, the arresting officer must have personally witnessed the crime being committed.grand juryA group of citizens chosen to hear charges against persons accused of crime and to determine whether there is sufficient evidence to bring those persons to trial.evidence - based justiceDetermining through the use of the scientific method whether criminal justice programs actually reduce crime rates and offender recidivism.equal justice perspectiveA perspective on criminal justice based on the idea that all people should receive the same treatment under the law and should be evaluated on the basis of their current behavior, not on what they have done in the past.due process perspectiveA perspective on criminal justice that emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings.deinstiutionalizationThe policy of removing from secure confinement as many first offenders of minor, nonviolent crimes as possible and treating them in the community.decriminilizationReducing the penalty for a criminal act without legalizing it.criminal justice systemThe system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses.crime control perspectiveA model of criminal justice that emphasizes the control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime.What other possible sources of revenue generation exist within the criminal justice system?Bail, donations, governmentDifference between formal and informal justice systems...Formal justice systems - focus on law and government agencies to respond to criminal activity informal justice systems - focus on moral and social institutions to promote lawful behaviorWedding Cake levelsLevel 1 : celebrated cases Level 2 : serious Level 3 : Less Serious Level 4 : MisdemeanorsLevel 1: celebrated cases-A full array of criminal justice procedures -Severe punishment -Focus of the media -Unique suspects -can include celebrities examples: Michael Jackson, OJ SimpsonLevel 2: Serious Felonies-Experienced offenders -Full jury trial -If convicted, a prison sentence Examples: prostiution, drug and alcohol crimes, gamblingLevel 3: Less Serious-Less serious crimes -often first-time offenders -Dealt with by outright dismissal a plea bargain, reduction in charges, or (most typically) a probationary sentence or intermediate sanction examples: Drug and financial related crimesLevel 4: Misdemeanors-Such as disorderly conduct -Assembly line fashion -Typical penalty is often a small fine examples: Shoplifting, public drunkenness, and minor assaultCrime Control Perspectivejustice system is meant to punish people rather than treat themRehabilitation perspectiveit is better to treat than punish, since these criminals are part of our societyDue process perspectivefocuses on giving every person all of their constitutional rights and privileges.nonintervention perspectivefocuses on stigmatizing offenderequal justice perspective (own words)believes that people should receive equal treatment for equal crimes. They believe that decision-making in the justice system must be standardized and have rules and regulations.the restorative justice perspectivefocuses on the justice system becoming more human by reintegrating offenders into society.define criminal justiceCriminal justice refers to the agencies that dispense justice and the process by which justice is carried outWhat are the three primary components of today's criminal justice system?-Police: investigate crimes and apprehend suspects -Court System: charges, indicts, tries, and sentence offenders -Correctional systemL incapitates convicted offenders; attempts to aid in their treatment and rehabilitation15 steps of criminal justice in order-initial contact -investigation -arrest -custody -charging -preliminary hearing / grand jury -arraignment -Bail / Detention -Plea Bargaining -Trail / Adjudication -Sentencing / Disposition -Appeal / Post Conviction Remedies -Correctional Treatment -Release -Post ReleaseInitial Contact-takes place as a result of police action -Police officers see person acting suspicious, conclude if they are under influence of drugs, and take him/her into custody -Victim reports robbery: police go to the scene of the crime and apprehend the suspect -An informer tells police about criminal activity to receive favorable treatment -mayor/political figure requests department to initiate an investigation into criminal enterprise: gambling, prostiution, or drug trafficking -Person confesses in police station Initial contact initiated by citizens when the crime is involvedInvestigation-gather enough evidence -Gather evidence to identify perpetrator, understand suspects motives and methods. -Determine if suspect committed one or many crimes -Included finding witnesses, securing crime scenes, and search -Evidence = collected, recorded, classified, processed and stored -If police breaks procedures, then the evidence cannot be usedArrestLegal if all the following conditions exist: -Probable cause -The officer deprives the individual of freedom -Suspect believes he is in custody of police and lost liberty. Police officer is not required to use the word "arrest," nor does the officer have to handcuff/restrain suspect -Officer must witness the crime in most cases to make an arrest (in-presence-required)Custody-After arrest and while suspect is being detained the police can search for evidence, conduct an interrogation, and encourage a confession -Supreme Court has given suspects protection from illegal searches and intimidating interrogations -Must inform suspect of Miranda Rights -If arrested person chooses to remain silent, questioning must stopcharging-If arresting officers / superiors believe there is enough evidence to arrest suspect with crime, the case will be turned over to the prosecutor's office -Prosecutor's decision to charge includes evidence sufficiency, crime seriousness, case pressure, and political issues -Suspect could be charged with felony or misdemeanor or no further actionPreliminary Hearing / Grand Juryjudicial proceedings to determine whether probable cause exists to make the accused stand trial on felony chargesArraignmenta hearing in which a suspect is charged and pleads guilty or not guiltyBail Detentiona money bond levied to ensure the return of a criminal defendant for trial, allowing the defendant to remain in the community prior to trialPlea Bargaining(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious chargeTrial/Adjudicationif agreement can't be reached/prosecution doesn't arrange a negotiated settlement criminal trial will be held before a judge (bench trial) or jury if theres a deadlock - case is left unsolved and retried at a later timeSentencing/DispositionIf convicted, the offender is sentenced to pay a fine, a term of imprisonment or probationAppeal/post convictionfollowing conviction, the defense may ask the court to set aside the verdict or ask a higher court to reverse the decision.Correctional Treatmentafter sentencing, the offender is placed within the jurisdiction of state/federal correctional authorities offender may serve a probationary term, placed in a community correctional system, jail, prison, etc. 67% of sentencing end in probationrelease-One sentence is complete, the offender returns to society -Most inmates don't serve full sentence -Freed early by parole/pardon, good behavior -If sentenced to community supervision: -Then finish your term and resume livespost releaseIn some situations, ex-offenders may be required to continue treatment and supervision in a community based program like a halfway house or pre-release facility.How is the criminal justice system like an assembly line?-It's like a conveyor belt, down which moves an endless stream of cases -Each stage is a decision point through which cases flow or release, each stage relies on the previous oneWhat role do ethics play in the criminal justice system?develops the moral reasoning we use, define criminal activity, and deem acceptable as punishment.ethical concerns: law enforcement-Law enforcement has the ability to deprive people of their liberty -Considerable discretion with who and how to investigate -Responsive to public demands of prosecution and ensure rights/liberties of those suspected of crime -Various national organizations have produced model codes of conduct for law enforcement that can serve as behavioral guidesCourts: Prosecutorial Ethics-Seek justice for all parties in a criminal matter -Tested when the dual role of a prosecutor causes on to experience role conflict -The defense attorney, in a dual role of being both an advocate for defendants and an officer of the court, may experience conflicting obligations to client and professioncorrections system-Ethical issues do not cease once a defendant has been convicted -Ethical standards are also challenged by the discretion afforded to correctional workers and administratorsChapter 2The Nature and Extent of CrimeWhite-collar crimeNonviolent crime committed by individuals or corporations to obtain a personal or business advantage.Uniform Crime Report (UCR)Large database, compiled by the FBI, of crimes reported and arrests made each year throughout the United States. -part 1 crimes and part 2 crimesTruth-in-sentencing lawsLaws that give parole boards less authority to shorten sentences for good behavior by specifying the proportion of a sentence an offender must serve before becoming eligible for parole.Three-strikes lawsSentencing codes that require an offender receive a life sentence after conviction for a third felony. Some states allow parole after a lengthy prison stay - for example, 25 years.spree killerType of multiple killer who spreads the murderous outburst over few days or weeks.Serial KillerType of multiple killer who kills over a long period of time but typically assumes a "normal" identity between murders.Self-report surveyA research approach that requires subjects to reveal their own participation in delinquent or criminal acts. such as high school studentsracial threat hypothesisThe view that young minority males are subject to greater police control - for example, formal arrest - when their numbers increase with the population.public order crimesBehaviors that are illegal because they run counter to existing moral standards. Obscenity and prostitution are considered public order crimes.part 2 crimesAll other crimes reported to the FBI; these are less serious crimes and misdemeanors, excluding traffic violations.part 1 crimesten serious crimes that occur on a regular basis and are likely to be reported to law enforcement. Part I Offenses are generally referred to as the "Crime Index" measurement. examples: -murder, rape, aggravated assault, robbery, burglary, larceny, motor vehicle theft, arson, human trafficking - commercial sex acts, and human trafficking - involuntary servitude.National Incident-Based Reporting System (NIBRS)Program that requires local police agencies to provide a brief account of each incident and arrest within 22 crime patterns, including incident, victim, and offender information.National Crime Victimization Survey (NCVS)The ongoing victimization study conducted jointly by the Justice Department and the U.S. Census Bureau that surveys victims about their experiences with law violation.Moral entrepreneursPeople who wage campaigns to control behaviors they view as immortal or wrongmass murderersType of multiple killer who kills many victims in a single violent outburst.Liberal feminist theoryAn ideology holding that woman suffer oppression, discrimination, and disadvantage as a result of their sex and calling for gender equality in pay, opportunity, child care, and education.Interactionist view of crimeThe view that criminal law reflects the preferences and opinions of people who hold social power in the society and use their influence to impose their own values and moral code on the rest of the population.Instrumental violenceViolent behavior that results from criminal activity designed to improve the financial status of the culprit, such as shooting someone during a bank robbery.Hate crimes (bias crimes)criminal acts directed toward a particular person or members of a group because they share a discernible racial, ethnic, religious, or gender characteristicExpressive violenceviolent behavior motivated by rage, anger, or frustrationEarly onsetthe beginning of antisocial behavior during early adolescence, after which criminal behavior is more likely to persist throughout the life spancrimeA violation of social rules of conduct, interpreted and expressed by a written criminal code, created by people holding social and political power.Corporate crimeCrime committed by a corporation, or by individuals who control the corporation or other business entity, for such purposes as illegally increasing market share, avoiding taxes, or thwarting competition.Consensus view of crimeThe view that the great majority of citizens agree that certain behaviors must be outlawed or controlled, and that criminal law is designed to protect citizens from social harmConflict view of crimethe view that criminal law is created and enforced by those who hold political and economic power and is a tool used by the ruling class to control dissatisfied have-not members of societyclearedan offense is cleared by arrest or solved when at least one person is arrested or charged with the commission of the offense and is turned over to the court for prosecutionchronic offendersAs defined by Marvin Wolfgang, Robert Figlio, and Thorsten Sellin, delinquents arrested five or more times before the age of 18, who commit a disproportionate amount of all criminal offenses.Career criminalspersistent repeat offenders who organize their lifestyle around criminalityConsensus View-View that certain behaviors must be outlawed or controlled, and that criminal law is designed to protect citizens from social harm -The will of majority shapes the law and defines crimes -Agreement exists on right and wrong -Laws apply to all citizens equallyConflict ViewThe belief that criminal behavior is defined by those in power in such a way as to protect and advance their own self-interest. -Real crimes are not outlawed. The law is used to control the underclass -Crime is a politically defined concept -The law is a tool of ruling class -The law is the instrument that enables the wealthy to maintain their position of power and control the behavior of those who oppose their ideas values or who might rebel against the unequal distribution of wealthinteractionist viewThe belief that those with social power are able to impose their values on society as a whole, and these values then define criminal behavior.Violent crimescrimes that involve force or threat of force, including robbery, murder, assault, and rapeViolent crimes includemurder, rape, robbery, aggravated assault, hate crimes, gang violence, murderers and killersproperty crimesburglary, larceny-theft, motor vehicle theft, arsonpublic order crimes includeprostitution, substance abuseeconomic crimes includewhite collar crimes and organized crime, corporate crimesorganized crimesplanned and controlled by powerful groups and carried out on large scale examples: human trafficking, drug trafficking, illegal drug tradeself report surveyAsks offenders themselves to report about their criminal behaviors -One of the most important: monitoring the future (MTF)Strengths of UCR-measures homicides and arrests -consistent national samplestrengths NCVS-includes crime not reported to police - careful sampling technique -yearly surveystrengths of Self Report-Included non reported crimes -Includes substance use data -Includes offenders personal infoWeaknesses of UCR-Omits unreported crimes -Omits most drug usage -Contains reporting errorsWeaknesses of NCVS-Relies on victims memories and honey -Omits substance abuseWeaknesses of Self Report-Rely on offender honestly -Omit offenders who refuse or are unable to participateAge and crime-younger people commit more crimes -peak age for property crimes = 16 -peak age for violent crime = 18 -What percentage of arrests for crimes involved adults over 45 years old = 7%Gender and crimes-Male = higher crime rate -trait difference: Physical strength and hormonal influences -socialization: Women socialized to avoid violence and aggressions -cognitive differences: Women have higher verbal ability enabling them to talk rather than fight -feminist theory: Men have economic and social power giving them the power to commit more crimesecology and crime-Crime occurs the most in summer -first few days of month -crime increases w/ temp until max point where it is too hot for physical exertion leading to crime decrease (inverted u)Region-Large urban areas highest, rural lowest -Low population resort areas with large transient/seasonal populations -Southern states higher crime rate than Midwest or Northeastsocioeconomic status-Serious crime more prevalent in lower class areas -Less serious offenses spread evenly across social classes -Class - Crime Relationship -instrumental crimes - obtain desired goods/services thru the available "instrument" -expressive crimes - commit crimes out of frustration w/ society -relationship grow as world modernizes & globalizesrace and crimeMinorities are over-represented in crimeWhat influences the relationship between chronicity and crime?-Most offenders commit a single criminal act and continue upon arrest -Early onset causes chronicity: beginning of antisocial behavior in early adolescence