Chapter 1: Crime and Criminal Justice Flashcards
History of American Criminal Justice System
Puritanical values: strong influence in developing our criminal codes
Founding Fathers: strong belief in protecting rights of accused
A need to balance Federalism w/states’ rights
Stages of the Criminal Justice System
Policing, courts, and corrections
Policing
First point of contact: tasked w/investigating crime/apprehending offenders
Courts
Determines if an offender should be charged; manages process to determine if offender should be held criminally responsible (receives info from officers)
Corrections
Carries out punishment ordered by the court
Relationships of policing, courts and corrections
Each make decisions that impact the other groups
They function both in relationship to the other two and as their own entity
Discretion
Freedom to make decisions (power of criminal justice agents and most powerful tool in CJ system)
Ethics in the criminal justice system
Law/policies that guide discretion of police, courts and corrections
Understanding what constitutes good/bad behavior
Wedding Cake Model
Four tiers: 1, 2, 3, and 4
Bottom layer (wedding cake model)
Largest number of cases: misdemeanor (least serious)
Not resolved at trial, plea bargains w/reduced sentences or lesser punishments; less than 1 yr in jail
Second Tier (wedding cake model)
Smaller tier: lower level felony cases
Nonviolent; offenders are lower level
Many handheld by plea bargain
Does not involve significant incarceration sentences
Third Tier (wedding cake model)
Upper level felony cases
Violent cases w/criminals that have criminal histories; typically go to trial under no guilty plea; can face prison time
Top Tier (wedding cake model)
High profile cases
Covered by media w/potential of significant penalties (life in prison, death penalty); may involve well-known offenders/celebrities
Models of Criminal Justice (Ideologies)
Crime Control Model
Due Process Model
Crime Control Model
Belief that the most important function of CJ system is to suppress and control criminal behavior as a function of public order in society.
Focus on swift/sever punishment
Justice resembles and assembly line