Module 1: Introduction: What is Criminal Justice? Flashcards

1
Q

Define: criminal justice

A

-the study of crime, criminal law, and components of the CJS, including the police, courts, and corrections

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2
Q

3 Functions and Objectives of the CJS?

A
  1. Control crime
  2. Prevent crime, by using deterrents/threat of punishment
  3. Maintain justice
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3
Q

Define: adversarial system of justice

A
  • a CJS whose goal is to seek the ‘truth’
  • hears both sides of the story
  • subjective/objective justice: deals with the truthfulness of the accusations, goal is to protect the innocent
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4
Q

Define: crime

A
  • any act against the rules of criminal law
  • an act against the state
  • penalties can include probation or imprisonment
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5
Q

Define: tort

A
  • an act against an individual

- usual penalty is compensation, through a civil proceeding

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6
Q

Difference between a crime and tort?

A
crime  = an act against the state
tort = an act against an individual
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7
Q

4 Essential Characteristics of Criminal Law: (in modern, democratic, industrial societies)

A
  1. Politicality
    - only violations of rules legislated by government are considered crimes
  2. Specificity, aka clarity
    - criminal law must be precise in stating what must be done, or not be done, for an act to be considered a crim
  3. Uniformity
    - criminal law must be applied equally to everyone regardless of age, class, race, etc.
  4. Penal Sanction
    - a law that provides no penalty for its violation cannot be considered a criminal law
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8
Q

10 Basic Guidelines in Doing Criminal Justice (Rights of Due Process in Democratic Societies)

A
  1. The right against unreasonable searches and seizures
  2. The right of the accused to be informed of his/her constitutional rights
  3. The right of an attorney to all those who come before the criminal justice system
  4. The right to reasonable notice of the nature of the charge against the accused
    - 24 hours for police to charge you, can be delayed if a judge is not available, 72 hours for suspected terrorists
  5. The right to be heard in court
  6. The right of the accused to confront the witnesses against him/her
    - no accusations from anonymous witnesses
  7. The right to a fair trial and lack of prejudice against the accused
  8. The right to a jury trial of 12 jurors
  9. The right to a speedy/public trial
  10. The right against double jeopardy
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9
Q

Define: double jeopardy

A

one acquitted, a person cannot be tried again for that crime

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10
Q

Ways citizens play a role in the CJS?

A
  • employ probationers
  • serve a jurors
  • report 90% of crimes reported to police
  • elect politicians who support/undermine CJS reforms
  • citizen arrests
  • give feedback to police agencies about community policing
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