Criminal justice is cool eeeee Flashcards
cops
investigate crimes and enforce laws
courts
determine guilt or innocence, ensure due process
corrections
implement sentencing, manage prisons and rehabilitation
3 branches of government
legislative, executive, judicial
Legislative
make statutory laws
executive
consists of the President, his or her advisors and various departments and agencies
crime is…
an act that violates a law, which has a punishment
consensus model
rules that the majority of society agrees to be right and wrong. Normal behavior is defined by the collective group
conflict model
when laws are made that are not agreed to by the majority these rules may benefit some groups but not hurt others
federalism
there are both state and federal governments which operate alongside each other in cooperation
bill of rights
first ten amendments of the constitution, listen to help guarantee the rights of citizens
police force
part of the criminal justice system that enforces laws, ensures public safety, and has the authority to arrest. Jobs include: officers dispatch k-9, FBI, county sheriff, etc.
courts
part of the criminal justice system that holds trials, ensures legal procedure is followed and can determine innocence and guilt. Jobs include: judges prosecution, defense attorney, bailiff, reporter, etc.
corrections system
part of the criminal justice system to hold convicted criminals in county, state or federal facilities. Jobs include: officers, warder, administrative staff, parole officers, prison counselors, etc.
a theory that asserts that criminal behavior is a result of psychological, biological, or social factors, rather than a conscious choice. It often involves scientific methods for studying criminal behavior
positivism
When individuals face hardships that increase the difficulty of leading a positive and successful life
strain theory
Theory that individuals commit crimes after weighing the potential benefits against the potential risks. If the benefits outweigh the risks, the individual may choose to commit the crime of their own free will
Choice Theory
A theory that attributes crime and deviant behavior to neighborhood characteristics, such as poverty levels, residential mobility, family disruption, and racial heterogeneity. It suggests a lack of social cohesion and communal control contributes to criminal behavior
Social disorganization
A condition in which the individual feels a disconnect from society because of the breakdown or absence of social norms
anomie
Scientific study how hormone changes can affect the brain and affect criminal behavior
Neurocriminology
If society labels the offender as a criminal, they see themselves as a criminal and conduct criminal behavior
labeling theory
We all have the ability to commit a crime but are dissuaded from it because of how our family and friends would view us
control theory
Freud explained that the id, ego, and the superego have an effect on the brain and decision making. Freud believed that most thoughts and urges are unconscious and people don’t really have conscious control of these thoughts.
psychoanalytic theory
criminal activity is learned behavior from family, friends, and the neighborhood
differential association
1st amendment
freedom of: religion, speech, press, assembly and petition the government
4th amendment
protects people from unreasonable searches and seizures by the government without reasonable suspicion
5th amendment
protects criminal defendants from having to testify if they may incriminate themselves through the testimony “plead the fifth”
6th amendment
grants citizens the right to a jury composed of impartial members drawn from the local community
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
14th amendment
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
purpose of criminal justice system
retribution, incapacitation, deterrence, rehabilitation, restoration
retribution
Determine when a crime has been committed and provide the appropriate punishment for that criminal act.
incapitation
Protect society from criminals and the most dangerous offenders
deterrence
Making laws that ensure punishment if a crime is committed
restoration
Support victims of crimes and help them return to their precrime status as best as possible
war on drugs
the effort in the United States since the 1970s to combat illegal drug use by greatly increasing penalties, enforcement, and incarceration for drug offenders
negative reactions to war on drugs
worse punishments, mandatory minimum, three strike rule, mass incarceration
mandatory minimum
legal provisions in each state and the federal government that require a specific minimum prison term for certain crimes, regardless of individual circumstances
mapp v. ohio
1961: established the exclusionary rule. evidenced gathered without a valid warrant is excluded from trial
gideon v wainwright
1963: right to counsel, everyone is guaranteed the right to an attorney
terry v ohio
1968: stop and frisk laws were deemed constitutional
miranda v arizona
1966: right to be informed of rights before being interrogated. established our Miranda Rights
Mala in Se
refers to acts that are inherently wrong, regardless of whether they are prohibited by law. Examples include murder, theft and rape
Mala Prohibita
refers to acts that are illegal because they are defined as such by law, not because they are inherently wrong. Examples include jaywalking or tax evasion
Intent
an element of crime referring to the mental aspect, or mens rea. it indicated a person’s intention to commit a crime or knowledge that their action as a crime
Types of crime
Violent crime, non violent crime, property crime, white collar crime, organized crime, hate crime, cybercrime
Violent crime
a victim is harmed by or threatened with violence. Violent crimes include rape and sexual assault, robbery, assault and murder
non violent crime
no use of force or injury to another person: Alcohol and non-violent drug-related crimes. Bribery
Property crime
misdemeanor trespassing and felony burglary
white collar crime
a nonviolent crime often characterized by deceit or concealment to obtain or avoid losing money or property, or to gain a personal or business advantage
organized crime
a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand
hate crime
a crime, typically one involving violence, that is motivated by prejudice on the basis of ethnicity, religion, sexual orientation, or similar grounds
cyber crime
criminal activities carried out by means of computers or the internet
six elements of a crime
criminal act, criminal intent, concurrence, causation, harm, and attendant circumstances
crimes of desperation
theft of needed goods, or small amounts of cash or goods to obtain such, to keep a roof over your children’s heads, feed them
list excuse defenses
Excuse defenses are used when the actor’s mental state or belief demonstrate that he should not be held responsible for the criminal act. Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment
list justification defenses
Definitions of justification. the act of defending or explaining or making excuses for by reasoning
type of: exoneration, vindication. the act of vindicating or defending against criticism or censure etc.
August Vollmer
advocated for professional model
jurisdiction
the act of showing something to be right or reasonable
levels of law enforcement
local law enforcement, state law enforcement, federal law enforcement
municipal law enforcement
most police officers that we see on a daily basis. They have a wide range of responsibilities, from investigating misdemeanors all the way to serious felonies including homicide
sheriff
The sheriff is the primary law enforcement officer in a county, usually elected to the post by a popular vote
County Corner
The medical examiner of a county, usually elected by popular vote
federal law enforcement
department of homeland security, department of justice, department of treasury
court structure
each state has its own court structure but generally they follow a three tiered model
-district
-appeals
-supreme
LEO’s levels
Municipal
sheriff
county corner
federal law enforcement
Dual court system
the united states operates under a dual court system, which consists of state and federal courts. these two systems function independently, each dealing with different types of cases, legal issues and jurisdictions
State courts
-justice courts
-juvenile courts
-district courts
-court of appeals
-state supreme court
federal court
federal supreme court
judicial review
power of the courts to examine and invalidate actions of the legislative and executive branches if they are unconstitutional - Marbury v. Madison
Exclusive Juristriction
Only federal courts have authority to hear , state courts cannot.
concurrent jurisdiction
Federal or state courts could hear
original jurisdiction
court is first one to hear case
appellate jurisdiction
court can only appeal a case
subject matter jurisdiction
a legal doctrine holding that a court can only hear and decide cases of a particular type
Substantive Due Process
Substantive due process asks the question of whether the government’s deprivation of a person’s life, liberty or property is justified by a sufficient purpose
procedural due process
refers to the constitutional requirement that when the government acts in such a manner that denies a citizen of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker
accusatory phase
pre-trial phase
Filing of complaint
the plaintiff initiates the lawsuit
response
the defendant must respond to the complaint
discovery
both sides gather evidence
trial
a formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings
Geographical jurisdiction
the authority of a court over cases that occur within a defined territory
sentencing and sanction
sentence handed down by the judge, and any conditions of imprisonment are decided
appeal
the losing part may appeal the decision to a higher court
voir dire
a preliminary examination of a witness or a juror by a judge or counsel
sentencing and sanctions
sentence handed down by the judge, and any conditions of imprisonment are decided
Probation
-before prison
-second chance
-have to check in with a probation officer, if fails to do this will get sentenced
Parole
-After prison
-if meetings missed return to prisonpa
Probation era
1920’s
war on drugs (Nixen)
1960’s
War on drugs (Reagan)
1980’s
Tough on crime era
1990’s
War on terror era
2000’s
If someone agrees to plead guilty what do they get?
A lesser sentence or certain charged dismissed
Jail
-Bail hold/ awaiting trial
-Short-term
-Can hold up to a year
-Run by county sheriff
Prison
-After you’ve been convicted
-long-term: 1 year-life
-Can hold criminals on any crime
-Run by state or federal Gov
Subject matter jurisdiction
Subject-matter jurisdiction is the requirement that a given court have power to hear the specific kind of claim that is brought to that court. While litigating parties may waive personal jurisdiction, they cannot waive subject-matter jurisdiction.
Political Era
1830-1910
Reform Era
1910-1970’s
Community Era
1980-2001
Homeland security Era
2001-present
