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.