Ch. 1 Flashcards
Overarching Goal
one of the overarching goals that brings the components of the criminal justice system together is the promotion of justice.
Retribution
“eye for an eye,” paying debt to society
Procedural Justice
due process
was the process fair?
Due Process Clause
no person shall “be deprived of life, liberty, or property, without due process of law.”
The Process
investigation, arrest, pretrial, adjudication, sentencing, corrections
Investigation
gathering evidence (searches, 4th amendment), interviewing witnesses, pursuing suspects
Arrest
arrest warrant, probable cause, Miranda rights (miranda v. Arizona (1966), 5th & 6th amendment)
Pretrial Activities
initial appearance, preliminary hearing, information or indictment, arraignment
Adjudication
case goes to trial (evidence, guilt, determine sentencing)
Due Process
presumption of innocence, proof beyond a reasonable doubt, legal counsel, speedy trial, jury trial, defense witnesses, cross examination, protection against self-incrimination, protection against double jeopardy
Sentencing
criminal sanction, imposed by judge, sentencing guidelines
Corrections
carries out criminal sanctions (jail, prison, community corrections, fines, other sanctions, community service)
Measuring Crime
uniform crime report
national incident-based reporting system
national crime victimization survey
self-report studies
Uniform Crime Report - UCR
crimes reported to police, submitted to FBI, role of international association of chiefs of police, findings, categorizes crimes as part 1 and part 2 offenses, crime clock, clearance rate, crime trends, least desirable of the crime indicators
Part 1 Offenses
criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, arson
Part 2 Offenses
curfew loitering violations, disorderly conduct, DUI, drug abuse violations, drunkenness, embezzlement, forgery and counterfeiting, fraud, gambling, liquor laws, offenses against family and children, other assaults, prostitution and commercialized vice, sex offenses, stolen property, suspicion, vagrancy, vandalism, weapons, all other offenses
Criticisms of UCR
doesn’t include crimes not reported to police, hierarchical rule, mischaracterizing the crime problem, law enforcement agencies routinely underreport or overreport crime when completing monthly crime reports, doesn’t report in a timely manner, limited in the amount of data that is collected from police agencies
Strengths of UCR
reports homicides, easily disaggregated by demographics, long term overall trends in crime, official police activity
Weaknesses of UCR
not all police units participate, numbers can be cooked, underreports all crime, inaccurate arrest numbers at the individual level, social emphases can cause artificial increases or declines, increases in decline of police activity can influence numbers
National Incident-Based Reporting System - NIBRS
administered by the FBI, created in the late 1980s, 57 offenses, distinguishes between attempted and completed offenses, hierarchical rule doesn’t apply, collects information about weapons used
Offenses included in NIBRS - Group A
arson, assault offenses, bribery, burglary, counterfeiting/forgery, destruction/damage/vandalism, drug/narcotic offenses, embezzlement, extortion/blackmail, fraud offenses, gambling offenses, homicide offenses, kidnapping/abduction, larceny/theft offenses, motor vehicle theft, pornography/obscene material, prostitution offenses, robbery, sex offenses (forcible or non forcible), stolen property offenses, weapon law violations
Offenses included in NIBRS - Group B
bad checks, curfew/loitering/vagrancy violations, disorderly conduct, driving under the influence, drunkenness, family offenses (nonviolent), liquor law violations, peeping tom, runaway, trespassing of real property, all other offenses
Strengths of NIBRS
more detailed reporting than the UCR, distinguished between completed and attempted offenses, doesn’t use hierarchical rule
Weaknesses of NIBRS
still relies on official police activity, numbers are more difficult to cook but it can still be done, underreporting of crime, influenced by social emphases and police activity