CJ Exam #1 Flashcards
What is the Safe Streets and Crime Control Act of 1968?
-The LEAA
It was legislation (AN ACT or BILL) passed by the Congress of the United States and signed into law by President Lyndon B. Johnson during a time of a lot of protesters in the streets (Vietnam, civil rights movement). There were groups who were organizing to over throw the government. The assassination of President John F. Kennedy increased public alertness to the relative lack of control over the sale and possession of guns in the United States.
Congress finds that the high incidence of crime in the United States threatens the peace, security, and general welfare of the Nation and its citizens.
President Johnson passed this legislation to try and deal with the crime problem.
It established the Law Enforcement Assistance Administration (LEAA)
What are the three components of The Criminal Justice system:
- Law Enforcement*
- Courts*
- Corrections*
What is Evidence based Justice?
It is a justice system (our system) that requires evidence before and arrest or court. Nothing can be done without evidence.
THERE MUST BE EVIDENCE
What is exclusionary rul
Law that prohibits the use of illegally obtained evidence in a trial
Weeks vs US
Court case in which the court unanimously held that a warrantless seizure of items from a private residence is a violation of 4th amendment. (Also silver platter doctrine)
Mapp vs Ohio
Lady - 4th amendment. The beginning of exclusionary rule
Terry vs Ohio
was a decision by the US Supreme Court which held that the 4th Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous.”
Powell vs Alabama
the United States Supreme Court reversed the convictions of nine young black men for allegedly raping two white women on a freight train near Scottsboro, Alabama. The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial. 6th Amendment
Bets vs Brady
Special cases - right to an attorney 6th amendment
Gideon vs wainwright
is a landmark case in United States Supreme Court history.
6th Amendment
Right to an attorney
the U.S. Constitution to provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys.
Right to counsel
Felony = attorney
Argersinger vs Hamblin
is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel.
Miranda vs Arizona
Right to remain silent - 5th amendment - they must be told their Miranda rights
Escobedo vs Illinois
If they ask for attorney, all questioning must stop.
6th amendment
The Wedding Cake model of justice
The Wedding Cake Model Theory was developed by Samuel Walker.
The theory divides the proceedings in the criminal justice system into four different categories:
celebrated cases,
serious felonies,
lesser felonies and
misdemeanors.
Crime control (model by herbert packer)
Heavy policing
Swift punishment
Consistent punishments
Same for everyone
Due process model (by Herbert packer)
Innocent until proven guilty
What we have in US
Herbert packer
Came up with 2 crime models
- crime control
- due process model
James Q Wilson
Believed in harsh and consistent punishments-
Importance of education right and wrong
“What works”
Equal justice
Equal Justice USA (EJUSA) is a national organization that works to make the criminal justice system more fair, effective, and responsive by ending the death penalty, strengthening programs that help crime survivors address trauma and rebuild their lives, promoting constructive responses to violence, and enacting common sense criminal justice reforms.
Restorative justice
a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.
Peacemaking
“Man and wife”
Police ethics
The spirit of service is primary. The goal is to abide by the code of police ethics and be ideal protectors of the people, as expected by social contract theory. Under this paradigm, a criminal is viewed not as a member of a distinct group but as somebody from the neighborhood who has gone astray
Crime control/public service
Court ethics
practitioners who work in the court also have the potential to act in an inappropriate or unscrupulous manner.
This is because, to varying degrees, court personnel such as prosecutors, defense attorneys, and judges have discretionary powers. When faced with ethical dilemmas, they can take decisions one way or the other, because moral obligations have finer shades
Correctional ethics
The American correctional Association expects of its members unfailing honesty, respect for the dignity and individuality of human beings and a commitment to professional and compassionate service.
The consensus view of crime
The Consensus Model or Systems Perspective of criminal justice argues that the organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively. A criminal justice model in which the majority of citizen in a society share the same values and beliefs.
Conflict view
conflict view depicts society as a collection of diverse groups - owners, workers, professionals, students - who are in constant and continuing conflict. Criminal laws are created to protect the haves from the have-nots. In the conflict view, the definition of crime is controlled by wealth, power, and position and not by moral consensus or the fear of social disruption. Crime is a political concept designed to protect the power and position of the upper classes at the expense of the poor.
Poor vs rich
Interactionalist view
Labeling can be good. People live up to that
Inchoate offense
Incomplete offense / attempt
Conspiracy (plan)
Accessories (before or after)
Crimes against property
Burglary
Car
Fraud
Crimes against persons
Homicide
Robbery
Assault
Battery
Crimes against morality
Crimes against public decency and morality typically include not only prostitution, drug use, and gambling, but also pornography, obscenity, and various other consensual sex offenses—such as bestiality, deviate sexual realtions, lewdness, indecency, seduction, fornication, adultery, and bigamy.
How do we measure crime?
UCR The Uniform Crime Report
8 index crimes
Murder Rape Robbery Assault Burglary Theft Motor vehicle theft Arson
Who came up with conflict theory
Karl Marx
What is due process of law
Duties of government or justice system (specific)
Mama in say
Bad in themselves
Malta prohibits
Bad because government says so
Case law
Someone has challenged law
Probable Cause Definition
That information or knowledge that would lead a reasonable prudent person to believe that a crime has been committed, is being committed, our is about to be committed.
