Chapter 1 Flashcards
discretion
the ability of criminal justice personnel to choose from an array of option or outcomes based on their judgment and experiences, they department policies, and the laws of our community
criminal justice
structure, functions, and processes of those agencies that deal with management of crime – the police, courts, and corrections
criminology
scientific study of the nature and causes of crime, the rates of crime, the punishment and rehabilitation of offenders, and the prevention of crime
criminal law
the brand of modern jurisprudence that deals with offenses committed against the safety and order of the state
criminal procedure
encompasses the series of orderly steps and actions – authorized by law or the courts – used to determine whether a person accuses of a crime is guilty or not
constitutional law
the legal rules and principle that define the nature and limits of governmental power and the duties and rights of individuals in relation to the state
1960s
- saw increased crime rates
- protests against Vietnam war
- assassination of JFK, MLK, Malcom X, RFK
- appeals for law and order
President’s Commission on Law Enforcement and Administration of Justice
Launched in 1965 by LBJ, initiated a new era of criminal justice in the U.S. Sought to study crime problem and structure of CJS across the U.S. and make recommendations
Law Enforcement Assistance Administration (LEAA)
- develop new devices, techniques, and approaches in law enforcement
- critiqued for emphasizing a technological war on crime
- established LEEP (education in criminal justice)
when did concerted Supreme Court activity in matters of criminal justice begin?
early 1960s
what two models can be used to understand the court’s decisions and subsequent impact on the American justice system
- due process model
- crime control model
the due process model
- stresses the possibility of error in the stages leading up to trial
- emphasizes the need to protect procedural rights even if it prevents legal system from max. efficiency
- the avoidance of locking up an innocent person takes precedence
The Warren Court
- SCOTUS under leadership of Chief Justice Earl Warren
- 1953 to 1969
- announced large number of decisions in accordance with the due process model
the crime control model
- emphasizes efficiency and is based on the view that the most important function of the criminal justice process is the repression of criminal conduct
- acceptable to suspend individual right or overlook technicalities in the interest of protecting society form crime
the Burger court
- SCOTUS under Chief Justice Warren Burger
- 1969-1986
- aligned itself with the crime control model
wedding cake model
- very few of the cases that pass through the CJS look like the celebrated ones portrayed in the media
- top and smallest layer: celebrated cases, then serious felonies, then lesser felonies, then misdemeanors
funnel model
- depicts the diminishing number of cases that are processed by the criminal justice system as cases are removed from the system for such reasons as diversion to juvenile court and dismissal for lack of evidence
The war on drugs
- since late 1960s, drug use and crime have been closely linked
- politicians for the past 5 decades have dedicated part of their platform to the war on drugs
- lots of efforts across the different branches of government to combat drugs
gender, crime, and criminal justice
- ## increasing visibility of women in the CJS
the criminal justice “nonsystem”
- scholars have proposed two perspectives of the organization of CJS; consensus model and conflict model
- consensus model: organization within CJS work together for justice
- conflict/nonsytem model: branches of justice work competitively ; some actors within the CJS are motivated by fame
three reasons why victims have little opportunity to participate in the judicial and correctional processes
- historically, it is the state, not the individual, that is officially the victim of crime
- opinion that victims will “get in the way” during police investigations and judicial proceedings
- idea that victims are partial and impatient
two driving forces of our fascination with cases such as O.J., MJ, and Paris Hilton cases
- details of the case - involve celebrities
- curiosity - they’re entertaining
war on terrorism’s effects on CJS
- new laws for protection of citizens
definition of criminal justice as an academic field
the study of agencies and procedures set up to manage both crime and the persons accused of violating the law
Omnibus Crime Control and Safe Streets Act of 1968
- attempted to help war on crime
- allowed for agencies to tap phones for brief periods,
- believed to establish a police state
