Essentials of CJ. CH01

Question 1

Criminal Justice System:

Answer 1

Defined as the system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution & control of those charged with criminal offenses, this loosely organized collection of agencies is responsible for, among other matters, protecting the public, maintaining order, enforcing the law, identifying transgressors, bringing the guilty to justice and treating criminal behavior.

Question 2

Criminal Justice Process

Answer 2

The decision-making points, from the initial investigation or arrest by police to the eventual release of the offender and his or her reentry into society; the various sequential criminal justice stages through which the offender passes.

Question 3

In 1931, President Herbert Hoover appointed the ___, which is commonly known today as the Wickersham Commision.

Answer 3

National Commission on Law Observance and Enforcement.

Question 4

American Bar Foundation (ABF)

Answer 4

The ABF project discovered that the justice system contained many procedures that had been hidden from the public view.

Question 5

Law Enforcement Assistance Administration (LEAA)

Answer 5

Funded by the federal government’s Safe Street Act, this agency provided technical assistance and hundreds of millions of dollars in aid to local and state justice agencies between 1969 and 1982.

Question 6

Evidence-Based Justice

Answer 6

Determining through the use of the scientific method whether criminal justice programs actually reduce crime rates and offender recidivism.

Question 7

Target Audience

Answer 7

Programs must be reaching the right audience.

Question 8

Randomized Experiments

Answer 8

Are conducted

Question 9

Intervening Factors

Answer 9

Evidence-based programming must consider intervening factors that enhance or impede program success.

Question 10

Measurement of success

Answer 10

Evidence-based programs must develop realistic measures of success.

Question 11

Cost-Effectiveness

Answer 11

Programs may work, but the cost may be too high.

Question 12

Social Control

Answer 12

The control of an individual’s behavior by social and institutional forces in society.

Question 13

Contemporary criminal justice agencies are political entities whose structure and
function are lodged within the legislative, judicial, and executive branches of the government. They typically can be divided into three main components:

Answer 13

Law Enforcement Agencies, which investigate crimes and apprehend suspects.

Court Agencies, in which charges are brought, indictments submitted, trials conducted, and sentences formulated.

Correctional Agencies, which are charged with monitoring, treating, and rehabilitating convicted offenders.

Question 14

Police

Answer 14

Police departments are those public
agencies created to maintain order,
enforce the criminal law, provide
emergency services, keep traffic on
streets and highways moving freely,
and develop a sense of community
safety. Police officers work actively
with the community to prevent criminal behavior; they help divert members of special needs populations,
such as juveniles, alcoholics, and
drug addicts, from the criminal justice
system; they participate in specialized
units such as a drug prevention task
force or antirape unit; they cooperate
with public prosecutors to initiate
investigations into organized crime
and drug trafficking; they resolve
neighborhood and family conflicts;
and they provide emergency services,
such as preserving civil order during
strikes and political demonstrations.

Question 15

Courts

Answer 15

The criminal courthouse is the scene
of the trial process. Here the criminal
responsibility of defendants accused of
violating the law is determined. Ideally,
the court is expected to convict and
sentence those found guilty of crimes,
while ensuring that the innocent are freed without any consequence or
burden. The court system is formally required to seek the truth, to obtain justice for the individual brought before its tribunals, and to maintain the integrity of the government’s rule of law. The
main actors in the court process are the judge, whose responsibilities include overseeing the legality of the trial process, and the prosecutor and the defense attorney, who are the opponents in what is known as the adversary system. These two parties oppose each other in a hotly disputed contest.
—the criminal trial—in accordance with
rules of law and procedure.

Question 16

Corrections

Answer 16

In the broadest sense, correctional
agencies include community supervision or probation, various types of incarceration (including jails, houses of correction, and state prisons), and parole programs for both juvenile and adult offenders. These programs range from the lowest security, such as probation in the community with minimum supervision, to the highest security, such as 24-hour lockdown in an ultra-maximum-security prison.
Corrections ordinarily represent the
post adjudicatory care given to offenders when a sentence is imposed by the court and the offender is placed in the hands of the correctional agency.

Question 17

Myth or Reality?
* “There is equal justice under the law, and everyone can expect to get their day in court.”

Answer 17

Myth:
In practice, few cases find their way to court, and most are settled informally with a plea bargain.

• Another way: In reality, few cases actually are processed through the entire formal justice system. Most are handled informally and with dispatch. The system of justice has been roundly criticized for its “criticized deals.”

Question 18

In-presence requirements

Answer 18

With a few exceptions, in order to make an arrest in a misdemeanor, a police officer must have witnessed the crime personally.

Question 19

A comprehensive view of the formal criminal process normally includes:

Answer 19

1) Initial contact
2) Investigation
3) Arrest
4) Custody
5) Charging
6) Preliminary hearing/grand jury
7) Arraignment
8) Bail/detention
9) Plea bargaining
10) Trail/adjudication
11) Sentencing/disposition
12) Appeal/postconviction remedies
13) Correctional treatment
14) Release
15) Post release

Question 20

Initial Contact

Answer 20

An offender’s initial contact with the criminal justice system takes place as a result of a police action:
● Patrol officers observe a person acting suspiciously, conclude the suspect is
under the influence of drugs, and take her into custody.
● Police officers are contacted by a victim who reports a robbery; they respond by
going to the scene of the crime and apprehending a suspect.
● An informer tells police about some ongoing criminal activity in order to
receive favorable treatment.
● Responding to a request by the mayor or other political figure, the local department may initiate an investigation into an ongoing criminal enterprise such as
gambling, prostitution, or drug trafficking.
● A person walks into the police station and confesses to committing a crime—for
example, killing his wife after an altercation.

Question 21

Investigation

Answer 21

The purpose of the criminal investigation is to gather sufficient evidence to identify a suspect and support a legal arrest.

Question 22

Arrest

Answer 22

An arrest is considered legal when all of the following conditions exist:
(1) the police officer believes there is sufficient evidence, referred to as probable
cause, that a crime is being or has been committed, and the suspect is the person
who committed it; (2) the officer deprives the individual of freedom; and (3) the
suspect believes that he is now in the custody of the police and has lost his liberty.
The police officer is not required to use the word “arrest” or any similar term to
initiate an arrest, nor does the officer have to bring the suspect to the police station.
To make an arrest in a misdemeanor, the officer must have witnessed the crime
personally, a provision known as the in-presence requirement.

Question 23

Custody

Answer 23

After an arrest and while the suspect is being detained, the police may
want to search for evidence, conduct an interrogation, or even encourage a confession. Witnesses may be brought to view the suspect in a lineup or in a one-on-one
confrontation

Question 24

Charging

Answer 24

If the arresting officers or their superiors believe that sufficient evidence
exists to charge a person with a crime, the case will be turned over to the prosecutor’s office. The prosecutor’s decision to charge the suspect with a specific criminal act involves many factors, including evidence sufficiency, crime seriousness,
case pressure, and political issues, as well as personal factors such as a prosecutor’s
own specific interests and biases.

Question 25

Nolle Prosequi

Answer 25

The term used when a prosecutor decides to drop a case after a complaint has formally been made. Reasons for a nolle prosequi include evidence insufficiency, reluctance of witnesses to testify, police error and office policy.

Question 26

Grand Jury

Answer 26

A type of jury responsible for investigating alleged crimes, examining evidence, and issuing indictments.

Question 27

True Bill of Indictment

Answer 27

A written statement charging a defendant with the commission of a crime, drawn up by a prosecuting attorney and considered by a grand jury. If the grand jury finds sufficient evidence to support the indictment, it will issue a true bill of indictment.

Question 28

Information

Answer 28

Charging document filed by the prosecution that forms the basis of the preliminary hearing.

Question 29

Probable cause hearing

Answer 29

Term used in some jurisdictions for a preliminary hearing to show cause to bring a case to trial.

Question 30

Preliminary Hearing/ grand jury

Answer 30

The US Constitution mandates that before a trial can take place, the government must first prove probable cause that the accused committed the crime for which he is being charged.

Question 31

Arraignment

Answer 31

Before the trial begins, the defendant will be arraigned, or brought before the court that will hear the case. At this time, formal charges are read, the defendant is informed of his constitutional rights (e.g., the right to be represented by legal counsel), an initial plea (not guilty or guilty) is entered, a trial date set, and bail issues are considered.

Question 32

Bail/detention

Answer 32

Bail is a money bond levied to ensure the return of a criminal defendant for trial, allowing the defendant to remain in the community prior to bail.

Question 33

Plea bargaining

Answer 33

After an arraignment, or even before, the defense and prosecution will discuss a possible guilty plea in exchange for the prosecution reducing or dropping some of the charges or agreeing to a request for a more lenient sentence.

Question 34

Trial/adjudication

Answer 34

If an agreement cannot be reached or if the prosecution does not want to arrange a negotiated settlement of the case, a criminal trial will be held before a judge (bench trial) or jury, who will decide whether the prosecution’s evidence against the defendant is sufficient beyond a reasonable doubt to prove guilt.

Question 35

Sentencing/disposition

Answer 35

After a criminal trial, if the accused has been found guilty as charged, he will be returned to court for sentencing.

Question 36

Appeal/postconviction remedies

Answer 36

After conviction, the defense can ask the trial judge to set aside the jury’s verdict because the jury has made a mistake of law—for example, by misinterpreting the judge’s instructions or convicting on a charge that was not supported by the evidence. Failing that, an appeal may be filed if, after conviction, the defendant believes that his constitutional rights were violated by errors in the trial process.

Question 37

Correctional treatment

Answer 37

After sentencing, the offender is placed within the jurisdiction of state or federal correctional authorities. The offender may serve a probationary term, be placed in a community correctional facility, serve a term in a county jail, or be housed in a prison.

Question 38

Release

Answer 38

Upon completion of the sentence and period of correction, the offender will be free to return to society.

Question 39

Post release

Answer 39

After termination of their correctional treatment, offenders may be asked to spend some time in a community correctional center, which acts as a bridge between a secure treatment facility and absolute freedom.