Chapter One - What is Criminal Justice? Flashcards
What is the definition of a crime?
An act prohibited or an omission required by law
What are the different types of justice?
Distributive justice, environmental justice, organizational justice, social justice, civil justice, and more
What is a negative right?
The right not to be interfered with, or not to be stopped from pursuing the things you need
What is a positive right?
The entitlement to help if you can’t obtain something yourself
Justice as Equality
The belief that everyone should get the same kind and amount of stuff no matter what
Need-based Justice
Everyone shouldn’t get the same, because our needs aren’t the same
Merit-based Justice
Justice actually means giving unequally, based on what each person deserves
Civil justice
Deals with relationships between citizens, government agencies and private business concerns with issues relating to contracts, hiring, equality of treatment, divorce, child custody, etc.
Criminal justice
Deals with violations of the criminal law
How are civil cases dealt?
monetary punishment
How are criminal cases dealt with?
Incarceration or even capital punishment
What is the main purpose of the Bill of Rights?
To protect citizens from excessive government power
Amendment One
right to freedoms of religion and speech; right to assemble and to petition the government for redress of grievances
Amendment Two
right to keep and bear arms to maintain a well-regulated militia
Amendment Three
right not to house soldiers during time of war
Amendment Four
right to be secure from unreasonable search and seizure
Amendment Five
rights in criminal cases, including due process and indictment by grand jury for capital crimes, as well as the right not to testify against oneself
Amendment Six
right to a speedy trial by an impartial jury
Amendment Seven
right to a jury trial in civil cases
Amendment Eight
right not to face excessive bail or fines, or cruel and unusual punishment
Amendment Nine
rights retained by the people, even if hey are not specifically enumerated by the Constitution
Amendment Ten
States’ rights to powers not specifically delegated to the federal government
Which of the Ten Amendments are the most important in the field of criminal justice?
4th, 5th, 6th, and 8th Amendments
What is due process?
the legal requirement that a government must respect all of a person’s legal rights before taking from them ‘life, liberty, or property’
What is the first step in the criminal justice process?
First/initial contact
What is the second step in the criminal justice process?
Investigation
What is probable cause?
facts and circumstances that would lead a reasonable person to believe a crime has been or is about to be committed
What is an exclusionary rule?
items or people searched and/or seized in violation of the 4th amendment are to be excluded/inadmissible as evidence at trial.
What is the third step in the criminal justice process?
Arrest
What is the fourth step in the criminal justice process?
Booking procedures
What happens during the booking procedure?
The arrestee is fingerprinted, photographed, and detailed information such as name, address, date of birth, height, weight, etc. are recorded - a list of current charges are also recorded as well as basic arrest information such as date, time, location, etc.
What is the fifth step in the criminal justice process?
pre-trial activities
