Chapter 3 Flashcards
Is Congress trying to expand the powers of the FBI?
Yes
Do defendants who win appeals typically go free?
No
What are the most common violations of criminal law at the federal level?
Drug offenses
About what percentage of offenders are supervised in the community?
68%
Are minorities subjected to much higher rates of incarceration than white majority?
Yes
Are criminal justice agencies dependent on others for funding?
Yes
Is doing justice a goal of criminal justice?
Yes
Because police usually observe the crime that occurs, they are at an advantage in being able to quickly arrest offenders?
No
In the criminal justice system, do all cases undergo the same process and receive equal attention?
No, as cases in level 4 are treated much differently than level 1 cases as speed is prioritized with discretion.
In the US is it true that the law can be interpreted differently in various states?
Yes, due to the dual court system and discretion.
Know the wedding cake model
Layer 1; celebrated cases, highly unusual, jury trial. Layer 2; serious felonies, prepare for trial but many get plea bargained. Layer 3; lesser felonies, offenders may have no record, officials want to dispose quickly. Layer 4; misdemeanors, about 90% of all cases, “garbage” handled by lower courts.
Is plea bargaining an example of an exchange relationship in the criminal justice system?
Yes
In the American criminal justice system do most cases proceed all the way to trial?
No
Which level of government administers prisons, jails, and other correctional facilities?
Local, state, and federal
Know the difference between probable cause and reasonable suspicion
Probable cause; Reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime. Reasonable suspicion- A police officer’s belief, based on articulable facts, that criminal activity is taking place, so that intruding on an individual’s reasonable expectation of privacy is necessary
Which agency is best to pursue criminal investigations across state borders?
The FBI and other federal agencies.
Arrest
The physical taking of a person into custody on the grounds that probable cause exists to believe that he or she has committed a criminal offense. Police may use only reasonable physical force in making an arrest. The purpose of the arrest is to hold the accused for a court proceeding.
Warrant
A court order authorizing police officials to take certain actions; for example, to arrest suspects or to search premises
Indictment
A document returned by a grand jury as a true bill charging an individual with a specific crime on the basis of a determination of probable cause from evidence presented by a prosecuting attorney
Information
A document charging an individual with a specific crime. It is prepared by a prosecuting attorney and presented to a court at a preliminary hearing.
Adjudication
The process of determining whether the defendant is guilty or not guilty
Booking
When the suspect is taken to the police station to make a record of the arrest, including their fingerprints, photograph, interrogation, and a line up by the victim or witness, they may also be read their rights, and bail may be set
What happens to the suspect at the initial appearance before a judge
The suspect is given notice of their charges, told their rights, and the judge will set bail based on the charges, and determine whether there is enough evidence to continue prosecution.
How much greater is the incarceration rate for African Americans as compared to whites?
The incarceration rate is 6 times that of whites
Know the difference between felony and misdemeanor
Misdemeanor; offenses less serious than felonies and usually punishable by incarceration of no more than one year, probation, or intermediate sanctions. Felony; serious crimes usually carrying a penalty of incarceration for more than one year or the death penalty.
The criminal justice system is designed to control crime by arresting, prosecuting, convicting, and what those who disobey the law.
Punishing
Discretion
The authority to make decisions without reference to specific rules or facts, using instead one’s own judgment; allows for individualization and formality in the administration of justice
plea bargain
A defendant’s plea of guilt to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so, usually a reduction of the charge. The defendant’s ultimate goal is a penalty lighter than the maximum punishment formally warranted by the original charge
Federalism-
A system of government in which power is divided between a central (national) government and regional (state) governments.
System-
A complex whole consisting of interdependent parts whose operations are directed toward goals and are influenced by the environment within which they function.
Exchange-
A mutual transfer of resources; a balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives.
Discretion-
The authority to make decisions without reference to specific rules or facts, using instead one’s own judgment; allows for individualization and formality in the administration of justice.
Filtering process-
A process by which criminal justice officials screen out some cases while advancing others to the next level of decision making.
Adjudication-
The process of determining whether the defendant is guilty or not guilty.
Dual court system-
A system based on a separate judicial system for each state, in addition to a court system under the national government. Each case is tried in a court of the same jurisdiction as that of the law or laws allegedly broken.
Arrest-
The physical taking of a person into custody on the grounds that probable cause exists to believe that he or she has committed a criminal offense. Police may use only reasonable physical force in making an arrest. The purpose of the arrest is to hold the accused for a court proceeding.
Warrant-
A court order authorizing police officials to take certain actions; for example, to arrest suspects or to search premises.
Information-
A document charging an individual with a specific crime. It is prepared by a prosecuting attorney and presented to a court at a preliminary hearing.
Indictment-
A document returned by a grand jury as a true bill charging an individual with a specific crime on the basis of a determination of probable cause from evidence presented by a prosecuting attorney.
Disparity-
The unequal treatment of members of one demographic group by the criminal justice system, compared with treatment accorded members of other groups.
Discrimination-
Differential treatment of individuals or groups based on race, ethnicity, sexual orientation, or economic status, instead of treatment based on the actual behavior or qualifications of each individual
What are the 13 steps in the criminal justice decision-making process?
The 13 steps in the criminal justice decision-making process are investigation, arrest, booking, charging, initial appearance, preliminary hearing/grand jury, indictment/information, arraignment, trial, sentencing, appeal, corrections, and release.
