Chapter 1 CJ Flashcards
Courtroom work group -
All parties in the justice process work together to settle cases efficiently. Remove unnecessary delays and avoid former trials. Most individuals who make it this far in the CJ system are presumed to be guilty. Extensive use of plea bargaining and other trial alternatives. >90% of cases are settled before trial
Crime control perspective -
Emphasized control of dangerous offenders and protection of society through harsh punishment. Idea is that if there’s a huge punishment, ppl won’t be committing these problems
Criminal justice system
The agencies that dispense justice and the processes by which Justice is carried out. It is a loosely organized collection of agencies. Protects the public, maintains order. Enforcing the law.. Etc. Now includes protecting the country from terrorists.
Decriminalization -
The action or process of ceasing to treat something as illegal or as a criminal offense.
Deinstitutionalization
The release of institutionalized individuals from institutional care (as in a psychiatric hospital) to care in the community.
Due process perspective
Emphasizes individual rights and constitutional safeguards under arbitrary or unfair treatment by CJ officials. Every defendant should receive full share of legal rights granted under law/constitution
Equal justice perspective
Concerned with making the system equitable. People should be valued for their current behavior, not past. The process should be structured that every person is treated equally
Evidence-based justice
Evidence-based justice is the practice of making decisions in the criminal justice system based on reliable research and data. It aims to improve fairness, efficiency, and effectiveness by prioritizing proven methods over traditional practices.
Grand jury
To determine whether the person being investigated by the government shall be tried for a serious federal crime alleged to have been committed within the district where it sits.
In-presence requirement
The in-presence requirement refers to a legal condition where an officer must directly witness a crime for certain actions, like making a misdemeanor arrest, to be valid. It ensures that the officer has firsthand observation of the offense before intervening.
Law Enforcement Assistance Administration (LEAA)
The Law Enforcement Assistance Administration (LEAA) was a U.S. federal agency established in 1968 to provide funding, training, and support for local and state law enforcement agencies. Its goal was to improve criminal justice practices and reduce crime through research, grants, and the development of programs before it was dissolved in 1982. It granted hundreds of millions of dollars in federal aid to local and state justice agencies.
Miranda warning
Miranda warnings are the verbal notifications given by police to inform a suspect of their constitutional rights before interrogation. These include the right to remain silent, the warning that anything said can be used against them in court, and the right to legal counsel, whether they can afford it or not.
Nolle prosequi
A prosecutor formally decides to discontinue charges against a defendant. It can occur for various reasons, such as insufficient evidence or a desire to prioritize other cases.
Nonintervention perspective
Favors least intrusive treatment such as decarceration, diversion, and decriminalization. Concerned about stigma and helping defendants avoid “widening net” of justice
Rehabilitation perspective
Views crime as an expression of frustration and anger created by inequality. Controlled by giving people means to improve their life. Counseling programs are emphasized over punishment and deterrence
Restorative justice perspective
Focuses on finding peaceful and humanitarian solutions to crime. Stresses peacemaking, not punishment
Social control
Social Control is a society’s ability to control individual behavior to serve the bests interests of society
True Bill
A true bill is a formal decision made by a grand jury that sufficient evidence exists to charge a person with a crime, leading to an indictment. It indicates that the grand jury believes there’s probable cause to proceed with prosecution.
About how many people are employed in the U.S. Criminal Justice System?
2 mil
What kind of punishments were criminals exposed to before the 19th century?
come back to this
How did the Great Depression influence crime rates?
The great depression led to a sustained increase in criminal activity.
Is crime higher today than 100 or 200 years ago?
no
What was the first police agency ever created?
London Metropolitan Polce
What are the 5 unifying principles of evidence-based criminal Justice? Know what each of these means.
Target Audience, Randomized Experiments, Intervening Factors, Measurement of Success, Cost-effectiveness
What did the Safe Streets and Crime Control Act of 1968 do for the criminal justice system?
It provided for the expenditure of federal funds for state and local crime control efforts. This act helped launch a massive campaign to restructure the justice system. It funded the national institute of law enforcement and criminal justice, which encouraged research and development in criminal justice.
Target Audience
Programs must be reaching the right audience. Work with high-risk offenders who have greatest prob of recidivating
Randomized Experiments
Whenever possible, random experiments are conducted.
Intervening Factors
Living areas, money, all those factors
Measurement of Success
Program retention; how long something works for; are potential failures removed; selectivity?
Cost-effectiveness
Program might work, but cost cld be too high. In an era of tight budgets, program effectiveness must be balanced with cost. Its not enough for a program to be effective, it must also be efficient.
What are the three main components of the criminal justice system and what are their main functions
Police, Courts, and Corrections
Police
Investigate crimes and apprehend suspects
Courts
Determining the guilt or innocence of the accused, ensure due process is followed, and impose appropriate sentences if the accused is found guilty
Corrections
To manage and rehabilitate individuals who have been convicted of crimes.
What are the three branches of government and how do they relate to justice processes?
Legislative, Judicial, Executive
Legislative
Defines the law by determining what conduct is prohibited and establishes criminal penalties for those who violate the law. It creates appropriations from CJ agencies and acts as a forum for public expression of views on CJ.
Judicial
It interests existing laws and determines whether they meet constitutional requirements. It also oversees cj practices and has the power to determine whether existing operations fall within the bounds of state constitution and ultimately US constitution.
Executive
Responsible for the day-to-day operation of justice agencies. Does not make or interpret the laws but is trusted with their enforcement. Must create and oversee the agencies of justice, determine their budget, and guide their direction and objectives.
Legal Factors
Legal Factors include seriousness of charge, available evidence, prior record
Extralegal factors
Race, gender, etc..
Why does the CJ system work kind of like a conveyor belt, often in an informal fashion (especially regarding the courtroom workgroup).
Conveyor Belt -At the investigatory stage, police must decide whether to pursue the case or to terminate involvement because insufficient evidence exists to identify a suspect, because the case is considered trivial, or because the victim decides not to press charges. At the bail stage, a decision must be made whether to set bail so high that the defendant remains in custody, to set a moderate bail, or to release the defendant on her own recognizance. Each of these decisions can have a critical effect on the defendant, the justice system, and society. If an error is made, an innocent person may suffer or, conversely, a dangerous individual may be released to continue to prey upon the community.
About what percentage of cases are handled through plea bargaining?
Greater than 90
Wedding Cake I
1st layer - very serious
Or someone very famous does something
Less serious cases are often settled with a plea-bargain between the prosecution and the defense
Wedding Cake III
3rd layer - less serious crimes usually 1st time offenders
Dealt with dismissal, plea bargain, reduced charges, a probationary sentence/intermediate sanction such as victim restitution
Wedding Cake II
2nd layer - serious felonies (robberies, rape. burglary)
Experienced offenders
Full jury trial and if convicted its a prison sentience
Wedding Cake IV
4th layer- made up of millions of misdemeanors (disorderly conduct; shoplifting; public drunkeness)
Cases handled in assembly line fashion
Small fine
Crime Control
Emphasized control of dangerous offenders and protection of society through harsh punishment . Idea is that if there’s a huge punishment, ppl won’t be committing these problems
Due Process
Emphasizes individual rights and constitutional safeguards under arbitrary or unfair treatment by CJ officials. Every defendant should receive full share of legal rights granted under law/constitution
Nonintervention
Favors least intrusive treatment such as decarceration, diversion, and decriminalization . Concerned about stigma and helping defendants avoid “widening net” of justice
The Equal Justice Perspective
Concerned with making the system equitable. People should be valued for their current behavior, not past. The process should be structured that every person is treated equally
The Restorative Justice Perspective
Focuses on finding peaceful and humanitarian solutions to crime. Stresses peacemaking, not punishment
What types of ethical dilemmas do police officers face
Officers have a lot of discretion with who they pull over, who to investigate, how far to investigate, and how much effort is required
Duality can create ethical dilemmas
Officers can and do deprive people of liberty
They also have the right to use physical (sometimes deadly) force
What types of ethical dilemmas do court actors face
Ethical concerts do not stop with an arrest
Prosecutors must seek justice for all parties in a criminal matter and should not merely be seeking a conviction
What types of ethical dilemmas do correction officers face
Ethical issues also arise when a defendant is convicted. Corrections personnel also face ethical dilemmas
COs have significant coercive power over offenders and should not use excessive force or take advantage of their powerful position
