Introduction to Criminal Justice Flashcards
Two parts of the criminal justice system?
public-order (crime-
control) and individual rights (due
process)
Individual rights (Due Process Model)
advocates seek to protect personal freedoms within the
process of criminal justice
Public order (Crime Control Model)
prevention of
future crimes and the reduction of harm caused by
criminal activity
Criminal justice is an institution of social control. As a result,
____________________________
criminal justice is caught in balancing act between two issues:
Individual Rights vs. Public Order
These two perspectives are also divided by the two
models of the criminal justice system.
* Each of these models lends important insight into the
philosophies on which the American Criminal Justice
system is based.
The Big Three: The Core of the CJ System
Criminal Justice System Structure
- Police
- Corrections
- Courts
Five Stages in the Criminal Justice Process
- Entry into the system
- Prosecution
and pretrial
services - Adjudication
- Sentencing
and
sanctions - Corrections
Entry into the system
This stage includes the detection of crime, which can
involve both the police and the public
What two things happen durring entry into the system:
- arrest, booking
arrest
to restrict the freedom of a person taking them
into police custody
booking
establishes the identification of an arrested
person and formally charges that person with a crime
Prosecution and pretrial services
After the police book and charge the accused with a crime,
the accused becomes the defendant. During this stage, formal charges are filed against the
defendant through a process that protects the rights of
the defendant and decisions are made regarding
release on bail.
Information
A formal written accusation submitted to a court by a
prosecutor, alleging that the specified person(s) has
committed (a) specified offense(s)
Indictment
A formal written accusation submitted to the court by a
grand jury, alleging that a specific person has committed a
specified offense, usually a felony
Arraignment
A hearing before the court having jurisdiction in a criminal
case
What happens in the arraignment?
- Identity of the defendant is established
- Defendant is informed of the charges against him/her
- Defendant is informed of his/her rights and requested
to enter a plea
Adjudication
The guilt of the defendant is determined through trial, plea
bargaining, or dismissal of charges.
Trial
examination of the issues of fact and law for the
purpose of reaching a judgment of conviction or acquittal
Booking
establishes the identification of an arrested
person and formally charges that person with a crime
Sentencing and sanctions
The judge sets a punishment guided by the limits
established by law. The defendant and the prosecutor have the right to
appeal the sentence.
Corrections
The defendant is now the convicted and is transferred to a
correctional authority to carry out the sanction.
* The convicted is no longer granted the presumption of
innocence, and many due process rights, such as those
related to interrogation and search and seizure, are lost.
* When the convicted person completes his or her
sentence, he or she exits the criminal justice system.
Events that changed the CJ system durring the Civil Rights
Movement
Slave patrols
* Brown v.
Board of
Education
* Civil Rights
Act of 1965
* 1972 Equal
Employment
Act
* Montgomery
bus boycott
Events that changed the CJ system durring the Vietnam War
he Vietnam
War (1965-
1975)
* The “domino
theory”
* Violent
protests
Events that changed the CJ system durring the War on Crime
Record crime
rates during
1960-1970s
* Omnibus
Crime Control
and Safe
Streets Act
* LEAA
* LEEP
Homeland
Security
War on
terrorism
declared after
9/11 attacks
* Lead to
suspension of
rights for
enemy
combatants
Due Process Rights and the U.S. Supreme Court
The protection of the due process rights guaranteed by
the U.S. Constitution does not extend to state and local
criminal justice systems unless the U.S. Supreme Court
incorporates the federal rights defined by the U.S.
Constitution.
Due Process Rights and the U.S. Supreme Court
To incorporate is to grant rights defined by the U.S.
Constitution to the citizens of a state.
presumption of innocence.
The central premise of due process rights is the
presumption of innocence. It is the most important
principle of the due process model, requiring all accused
persons to be treated as innocent until proven guilty in a
court of law.
Criminal justice refers to
The study of the processes involved in a system of justice
* The people who perform these tasks
* The scope and nature of the system
* The public policy, laws, and regulations that shape the
administration and outcomes of a criminal justice system
Criminology
is the body of knowledge regarding crime as a
social phenomenon.
Criminal law
Criminal law refers to the study of law leading to the
credentials to practice law as a licensed attorney.
* A career as an attorney, a prosecutor, or a judge
requires completion of a graduate law degree.
* Lawyers tend to be professionals who work in the
criminal justice system.
Why is it important to have a check and balance on gov power?
The power of gov to enforce laws must be balanced in conjunction with the need to preserve individual liberties.
Why is US society not characterized by a homogenous belief system?
characterized by great diversity, race, religion, ethnicity, and values
How can the balancing of rights and public saftey be achieved?
through formal sanctions found within the CJ system.
Informal sanctions
Social norms that are enforced through the social forceds of the fam, school, gov and religion
social norms
the expected normative behavior of society
formal sanction
Social norms enforced through the laws of the CJ system
Order maintenance
Activities of law enforcement that resolve conflicts and assist in the regulation of day to day interactions of citizewns
system of social control
A social system designed to maintain order and regulate interactions
social norms
The expected normative behavior in a society
formal sanctions
Social norms enforced through the laws of the crimal justice system
order maintenance
activities of law enforcement that resolve conflicts and assist in the regulation of day to day interactions of citizens
systems of social control
A social system designed to maintain order and regulate interactions
How do the crime control and due process model differ?
The major difference between the crime control model and the due process model of law enforcement is that crime control works to repress criminal activity, and due process works to protect a person’s rights.
due process rights
the rights guarenteed to persons by the constitution and it’s amendments
crime-control (public order) model
Reducing crime through increased gov (police) power and speed of process
due process model
Type of justice system in which a defendent cannot be depried of consitutional rights without leagal and procedural safeguards
crimial justice system
The enforcement by the police, the courts and correctional institutions of obedience to laws
picket fence model
The model of the cj system in which the local, state, and federal crimiinal justice systems are depicted as horizontal levels connected vertically by the roles, functions and the activites of the agencies that comprise them
checks and balances
The authority of the legislative branch, the executive branch, and the judicial branch to provide a constiututional check on the actions of each other
landmark decisions
A landmark decision occurs when the US Supreme court declares a significiantly diff interpretation of the rights guarteed by the US constitution
Which statement is more true:
There are numerous ways to how a person is processed into the cj system but there are few exit options
There are limited ways to how a person is processed into the cj system but there are numerous exit options
There are limited ways to how a person is processed into the cj system but there are numerous exit options
input-output model
a model of how people are processed through the cj system until they exit the system
arrest
to restrict the freedom of a person by taking him into police custody
bail
release of the defendent prior to trial
indicimant
The formal verdict of the grand jury that there is sufficient evidene to bring a person to trial
preliminary hearing
A hearing b4 a magistarte judge in which the prosecution presents evidence to convince the judge that ther is prhibiable cause to bring the defendent to trial
probable cause
Reasonable grounds for detainnment or arrest
grand jury
a body of individuals chosen to determine the valdity of charges b4 trial; verify the existence of probable cause
true bill
Authroizes arraigment by the prosecutor
Arraignment hearing
Formal recogntion of the charges against defendent
meta-influence
A phenomenon tha tresults in enconmpassing transformative changes
slave patrols
White militia who were responsible for controlling, returning and punishing runaway slaves
Brown v Board of Education of Topeka
The US Supreme Court decision tha tresulted in movement to integrate schools, public transportation, buisness and society
Civil Rights act of 1964
The act of declaring that it is illegal for buisnesses, hotels, restraunts,m and public transportation to deny citizens service based on their race
Jim Crow laws (Black Coders)
Laws passed after the Civil War to overstep the basic human rights and civil oliberties of African Americans
1972 Equal Employment Oppurtunity Act
The act that ended discrimation in law enforcement and corrections based on race, gender and other protected gategories
Civil disobedience
a nonviolent approach of protest in the civil rights movement
Montgomery bus boycott
A buoycott of public transportation initiated by the arrest of Rosa Parks
Vietnam War
A war from 1955 to 1975
Domino theory
A claim that the contiuned fall of govs to communist rule would threaten democracy
War on Crime
A declaration by pres Lydon Johnson in 1965 to counter crime and social disorder
Omnibus Crime Control and Safe Streets act of 1968
An act that provided resources to local and state governements to assist in the adoption of reforms, including the Law enforcement assistance administration
Law Enforcement Assistance Admin
A conduit for the transfer of federal funds to state and local law enforcement agencies
