Intro To The Criminal Justice System Flashcards
Two elements of crime:
It violates a law; it is punishable by criminal sanctions
Type of crime: acts that are evil within themselves
Mala in se
Type of crime: acts that are wrong only because society says so
Mala prohibita
Socially unfavorable behavior
Deviance
What is the criminal justice system?
A social system that deals with crime and criminals
Three agencies in the CJS:
Police, courts, corrections
Which actor? Bail decisions, plea decisions, arraignment, charge dismissals, trial, sentencing
Judges
Which actor? Enforce laws, investigate crimes, make arrests, booking
Police
Which actor? Punishment/reward allotment, parole decisions
Corrections
Which actor? Decision to file charges, reduce charges, or drop charges, indictment, plea negotiations
Prosecutors
Ability to make decisions without guidance or rules
Discretion
Philosopher who argued punishment is created to ensure moral order
Durkheim
Philosopher who argued that a penal institution is meant to control certain classes and maintain social hierarchy
Marx
Philosopher who argued that punishment = power and knowledge
Foucault