Final Exam Flashcards
Constitutional Amendments
Fourth Amendment- Bars illegal searches and seizure
Fifth Amendment- Self-incrimination, no double jeopardy
Sixth Amendment- Trial by jury, witness cross-examination
Eighth Amendment- prohibits excessive bail and cruel and unusual punishment
Fourteenth Amendment- cannot deny life, liberty, or pursuit of happiness
Main components of the criminal justice system
Law enforcement, adjudication, corrections
How frequently are cases processed through the entire formal justice system?
About 20/1,000 or 2%
Criminal Justice Perspectives
Crime control- goal is deterrence through harsh punishment
Rehabilitation- focuses on treatment rather than punishment
Due process- focuses on Constitutional rights and fairness in trial
Nonintervention- less is more; limit involvement through decriminalization, legalization, institutionalization, and diversion
Equal justice- equal treatment for equal crimes, standardization, not discretion
Restorative justice- mediation of problems and reintegration of criminals into society by allowing them to make amends
Demographics of offenders, victims, and prisoners
Ecological- higher in urban areas, summer months, and west & south
Gender- males more likely to offend than females
Racial- disproportionately minority
Social class- lower class more likely
Age- younger
Sources of US criminal law
Constitution is the highest law; there are federal, state, and local laws as well.
Felonies- most serious, punishable by prison
Misdemeanors- less serious, punishable by jail
Violations/infractions- punishable by fines
Views of crime
Consensus- we agree certain behaviors should be considered criminal
Conflict- laws are created and enforced by the ruling class (rich) to control the behavior of the non-ruling (poor)
Interactionist- socially powerful people (moral entrepreneurs) use the law to shape the legal process based on their personal views
Criminal Justice Assembly Line
At different decision points, cases trickle out and contribute to the 2% of crimes that go all the way through the system
Wedding cake model
4 tiers:
I. Celebrated cases, crimes involving famous people that are highly publicized; fewest in number; go all the way through the system
II. Serious felonies- rapes, robberies, burglaries; usually receive full jury trial; a few more of these but not many
III. Less-serious felonies- committed by young, first-time offenders or involving people who know each other; usually dealt with by plea bargain or dismissal; more common
IV. Misdemeanors- millions of these happen; punishment is usually fine or probation
Index Crimes
Murder and negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson
Ways crime is measured
Uniform Crime Report (UCR)- compiled by FBI based on crimes reported to police departments across the country
National Crime Victimization Survey (NCVS)- surveys households to report if they were the victims of crimes and if they reported the crime
Self-report surveys- basically asking kids to report on themselves
Factors contributing to the success of police investigations
Time, physical evidence, witnesses, records, informants, resources
Law enforcement response to homeland security threats
Prevent, protect, prepare to respond and recover
After 9/11 more information is shared at fusion centers
Private police v. public police
client-driven, not driven by public mandate; focus more on loss than crime; almost everything is preventative; justice is handled privately; only focus on private property
Law enforcement in colonial America
Reactive; sheriff was the most important person and was paid by the case; southern slave patrols and vigilantes were common
