Chapter 1 & 2 Flashcards
Due process model
Criminal defendants should be presumed innocent, courts must protect suspects right and there must be some limits placed on police powers
Crime control model
A model that emphasizes law and order n argues that every effort must be made to suppress crime n to try, convict and incarcerate offenders
Crime control Due process
Views CJS as an: Goal of CJ: Values emphasized: Process of adjudication: Focus on:
Crime control Due Process
Views: assembly line. Obstacle course
Goal: controllin crime . Protectin rights
VE: efficiency/speed/finality. Reliability
PA: informal formal
Focus: factual guilt. Legal guilt
Prosecution
The brining of charges against an individual, based on probable cause, so as to cause the matter to go to court.
What are the sequence of events ?
Booking 1st appearance Grand jury. Preliminary hearing Indictment Arraignment Trail Convicted Sentencing Appellate
Adjudication
The legal resolution of a dispute by a judge or jury
Ex: when one declared guilty or a juvenile is declared to be dependent and neglected
Sanction
A penalty or punishment
Parole
Early release from prison, with conditions attached and under supervision of a parole agency
Determinate sentence
A specific fixed period sentence ordered by a court
Discretion
Authority to make decisions in enforcing the law based on ones observations and judgment rather than the letter of law
Ethics
A set of rules or values that spell out appropriate human conduct
Civil law
No criminal law, usually relating to settling disputes between private citizens
Plaintiff
The party who is bringing a lawsuit or initiating a legal action against someone else
Defendant
A person against whom a criminal charge is pending, one charged with a crime
Burden of proof
The requirement that the state must meet to introduce evidence or establish facts
Reasonable doubt
The standard used by jurors to arrive at a verdict whether or not the government (prosecutor) has established guilt beyond a reasonable doubt
Substantive law
The body of law that spells out the elements of criminal acts
Procedural law
Rules that set forth how substantive laws are to be enforced, such as those covering arrest, search, & seizure
Intent, specific
A purposeful act or state of mind to commit a crime
Motive
The reason for committing a crime
Felony
A serious offense with a possible sentence of more than a year in prison
Crime against persons
A violent crime, to include murder, rape, robbery, and assault
Felony-murder rule
The legal doctrine that says if a death occurs during the commission of a felony, perpetrator of the crime may be charged with murder in the first degree
An offender who recidivates has done what?
Committed a new crime
What does it mean to have character
One would never betray his or her fellow human beings
True or false.
One of the judges primary responsibilities is determining whether or not to file charges in a criminal case
False
True or false. Law enforcement executives such as police chiefs & sheriffs are immune from political pressures because of their high levels of integrity
False