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
2
Q
3 Functions and Objectives of the CJS?
A
- Control crime
- Prevent crime, by using deterrents/threat of punishment
- Maintain justice
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
4
Q
Define: crime
A
- any act against the rules of criminal law
- an act against the state
- penalties can include probation or imprisonment
5
Q
Define: tort
A
- an act against an individual
- usual penalty is compensation, through a civil proceeding
6
Q
Difference between a crime and tort?
A
crime = an act against the state tort = an act against an individual
7
Q
4 Essential Characteristics of Criminal Law: (in modern, democratic, industrial societies)
A
- Politicality
- only violations of rules legislated by government are considered crimes - 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 - Uniformity
- criminal law must be applied equally to everyone regardless of age, class, race, etc. - Penal Sanction
- a law that provides no penalty for its violation cannot be considered a criminal law
8
Q
10 Basic Guidelines in Doing Criminal Justice (Rights of Due Process in Democratic Societies)
A
- The right against unreasonable searches and seizures
- The right of the accused to be informed of his/her constitutional rights
- The right of an attorney to all those who come before the criminal justice system
- 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 - The right to be heard in court
- The right of the accused to confront the witnesses against him/her
- no accusations from anonymous witnesses - The right to a fair trial and lack of prejudice against the accused
- The right to a jury trial of 12 jurors
- The right to a speedy/public trial
- The right against double jeopardy
9
Q
Define: double jeopardy
A
one acquitted, a person cannot be tried again for that crime
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