Midterm Flashcards
Aristotle’s theory of justice
justice = equity = to give (give people proportional resources based on need)
Immanuel Kant’s theory of justice
law must be separate from any moral argument
Immanuel Kant’s theory of justice
law must be separate from any moral argument (needs to be objective)
Legal positivism
follow the law with no exceptions for sympathy
procedural justice
processes are more important than case outcomes (fair processes)
critical for trust-building & increasing the legitimacy of law enforcement
neutrality, respect, voice, trustworthiness
restorative justice
emphasizes repairing the harm caused by criminal behavior
bringing those affected together
restorative justice
emphasizes repairing the harm caused by criminal behavior
bringing those affected together (victim assistance, community services, group therapy)
transitional justice
process used to address human rights violations & crimes committed during time of conflict/dictatorship/mass violence
provides recognition & reparations to victims, promotes accountability for those responsible, & creates institutional reforms to prevent future crimes
general goal of the criminal justice system
protection of the public by investigating & punishing people who commit crimes, & preventing crimes from happening
mala in se crimes
traditional crimes that are “wrong in themselves” or by nature
mala prohibita crimes
prohibited by law, but some of society may disagree
three goals of the criminal justice system
doing justice (upholding society’s interests in a fair & just manner)
controlling crime (identifying, prosecuting, convicting, & punishing offenders in a fair, equitable, & legal manner)
preventing crime (fair, equitable, and lawful prosecutions & punishments that can serve as an example to society)
federalism
power divided between national/federal & state governments
order of federal courts
U.S. District Courts => U.S. Courts of Appeals => U.S. Supreme Court
order of state courts
State Trial Courts => State Appellate Courts => State Supreme Courts => U.S. Supreme Courts
(hold the majority of responsibility)
discretion
an official’s authority to make decisions using their own judgment (police, prosecutors, judges)
resource dependence
agencies depend on other agencies for funding
sequential tasks
decisions are made in a specific order
filtering
screening process that gradually exits people out of the system (unreported crimes, unsolved crimes, dismissed crimes, diversion of crimes, acquittal of crimes)
Steps of the criminal justice system
- Investigation
- Arrest
- Booking
- Charging
- Initial Appearance
- Preliminary Hearing or Grand Jury
- Information or Indictment
- Arraignment
- Trial
- Sentencing
- Appeal
- Corrections
- Release
investigation
police investigate the allegation of a crime being committed (can be arrested here if there is a lot of evidence or if they are seen committing the crime)
arrest
due to sufficient evidence/probable cause, an offender is physically taken into custody (can be same moment as investigation)
booking
offender taken to jail, photographed, & fingerprinted
charging
prosecutor decides if the case will adjudicated
prosecutor
responsible for proving the crime happened & of charging the suspect
initial appearance
defendant brought before the judge (initial contact w/judge)
-formally notified of charges & bail
-advised of rights
-judge decides if there is enough evidence to proceed
preliminary hearing
when a judge decides if there is probable cause that the accused committed the alleged crime
grand jury
a jury decides whether there is enough evidence to file the indictment
preliminary hearing or grand jury?
Federal = judge
State = judge or jury (always jury if maximum is >6 months)
indictment/information
if the preliminary hearing leads to an information, or the grand jury leads to an indictment
arraignment
defendant is read the indictment/information
-Pleads guilty or not guilty
-Plea bargain can be agreed upon any time after this
-90% of crimes stop here w/plea bargain
sixth amendment
right to a speedy & public trial, by an impartial jury
judge (role in trial)
oversees trial & ensures parties’ rights are protected
bench trial vs. jury trial
Bench => judge determines guilt/innocence
Jury => jury determines guilt/innocence
appeal
if a defendant is found guilty, they can ask a higher court to review the case to ensure no rights or legal norms were violated (if they were => new trial)
corrections
carrying out the judge’s sentence
sentencing
judge imposes punishment
probation
allows the convict to serve their sentence while not in custody
prison
custodial separation from society
parole
released early from custodial sentence & allowed to serve the rest while not in custody
steps of the “criminal process”
information/indictment, trial, sentencing, corrections
crime control model
-Efficient case processing & punishment
-Innocent may be found guilty
-“Assembly line”
-Goal to repress crime
-Values efficiency
-Process depends on police (administrative)
-Major decision point by police/pretrial processes
-Discretion is the basis of decision-making
due process model
-Doing justice by protecting individuals’ rights
-Some guilty may go free
-“Obstacle course”
-Goal to preserve individual rights
-Values reliability
-Process is adversarial (many people involved)
-Major decision point in the court room
-Law is the basis of decision-making
principle of legality
“no crime without law”
=> Criminal laws should be clear, specific, & non-arbitrary (& can’t be retroactively applied to crimes)
misdemeanor
Less serious than a felony. Typically punishable by fine or jail time up to 1 year.
Class A => 6mo-1yr
Class B => 30days-6mo
Class C => 5-30days
felony
Serious criminal offense. Typically punishable by more than 1 year (or even death sentence in some states). Murder, robbery, sexual assault, drug trafficking.
Class A => Life/Death
Class B => 25+
Class C => 10-25 years
Class D => 5-10 years
Class E => 1-5 years
infraction (petty offense)
punished by 5 days or less of imprisonment, or a fine
visible crimes
offenses against persons or property that are difficult to hide (street crimes)
-Violent (homicide, rape, aggravated assault)
-Property (shoplifting, burglary)
-Public-order (vandalism, disorderly conduct)
occupational crimes
committed through legal business opportunities (bribery, fraud, insider trading, tax fraud, embezzlement)
organized crimes
enterprise of illegal activity (gambling, sex trafficking, money laundering)
transnational crimes
planning or execution crosses the borders of countries (sex trafficking, forced labor, drug trafficking)
victimless crimes
willing exchange of illegal goods & services (drug sales, prostitution)
-Those involved don’t feel as though they are being harmed
political crimes
crimes committed for ideological purposes (treason, espionage)
cybercrime
crime that involves the use of the internet (most/largest losses of $)
crime reports
Uniform Crime Reports (UCR)
-Annual report from FBI
-Info from NIBRS
National Incident-Based Reporting System (NIBRS)
-Police reporting offense, offender data, & victim data
-If not reported => Not included
National Crime Victimization Survey (NCVS)
-Created to mitigate unreported crimes
-Interviews victims of reported & unreported crimes
victimology
study of the role & impact of crime on a victim
lifestyle-exposure theory
unequal distribution of crime & victimization based on victims demographics
routine activities theory
crimes arise at times & places where there is a convergence of specific elements
impacts of crimes
costs => economic (incarceration, reparations), physical, emotional
fear => limits freedom, less safe
classical criminology
criminal behavior is rational & the product of a cost benefit analysis
offenders should always be held accountable & punished because the certainty, not the amount of penalty, is what prevents crime
Cesare Beccaria (1764)
“crimes are more effectually prevented by the certainty than the severity of punishment”
positivist criminology
used science to study the body, mind, & environment
social, biological, & psychological factors determine the criminal
criminals are different than the other
punishment specific to need of offender
Cesare Lombroso (1835-1909)
criminals are at a more primitive state of evolution & they are born criminals
criminogenic
born criminals (physical traits or hereditary through disease)
issue with biological explanations
exposed as racist & prejudice
psychological explanation
crime is caused by unconscious forces & drives (Freud)
Negative life experiences such as abuse, neglect, or trauma, can have a lasting impact on an individual’s psychological well-being & increase their likelihood of engaging in criminal behavior
social structure theories
criminal behavior related to social class could construct a reality in which members are more likely to engage in crime (anyone can be a criminal offender)
learning theories
criminal activity is learned
differential associations
learned from interactions with others
control theories
social links keep society in line (church, family, peers) are broken or weakened
labeling theories
causes of criminal behavior are found not in the individual, but because persons are labeled as criminals by society (justice system creates lawbreakers)
critical criminology
laws & justice made by the powerful to control the weak & impose their morality on society
social conflict theories
crimes due to conflict within society (marxist)
those who are in power can use the law to enforce their own interests & are normally against the other classes
feminist theories
traditional theories focus on male criminality, but these focus on the ways in which gender influences the commission of crime, the responses of the criminal justice system to crime, & the experiences of women within the criminal justice system
life course theories
identify factors that shape criminal activity over the lifetime of an individual
try to identify key factors that positively & negatively affect their behavior
do not correlate crime to one event, but a potential series of events & life choices
integrated theories
combine differing theoretical perspectives into larger model