Units 6 + 11 Flashcards
Name the 8 types justice…
1) procedural
2) social
3) individual
4) distributive
5) commutative
6) utilitarian
7) retributive
8) restorative
Procedural justice (def)
Laws are fairly enforced
Social justice (def)
Focus on equality
- believes some groups are under represented
Individual justice (def)
Justice on a case-by-case basis
Distributive justice (def)
Belief you get what you deserve
- focus on fair outcomes
- distributes resourses fairly ( prisons, police, etc.)
Commutative justice (def)
Proportionality; eye for eye
- how severe was the crime?
Utilitarian justice (def)
Cost/benefit analysis
- what’s best for society?
Retributive justice (def)
Punishment must be unpleasant
- believes criminals deserve what they get
Restorative justice (def)
Restores victim and criminal to how they were before the crime
Mechanical model
(Assembly line) efficient legal process w/out discretion
- process (quantity) over outcome
-low emphasis on individual and society
Authoritarian
Compliance w/ authority
- outcome over process
-low emphasis on individual
-High emphasis on society as defined by authority
Compassionate model
Correcting individual reasons for criminal behavior
- focus on prevention and rehabilitation
- low emphasis on society
- high emphasis on individual (help offender)
Participatory model
(Mutialization) focuses on society and individual
- ex. Community policing (humanization)
Formal social control
Imposed control by govt. punishment
- ex. modern police system
- enforces law
- maintains peace w/ reasonable force and discretion
Nights watch
(US) people wandered the streets at night and yelled at criminals
Slave patrols
(South US) ensured slaves were where were they were supposed to be
Metropolitan police dept.
- Also known as Scotland Yard
- first established police dept.
- founded by Robert peel
- bobbies = cops in England
Policing random need to knows
- first US police station
- Mounties?
- US Marshals job?
- (US) Organized police formed in Boston
- (Canada) Mounties: patrolled horseback
- US Marshals: collected criminals when tasked
Professional era characteristics
- (Def) less political influence lead to more professionalism
Lead to… - Military hierarchy
- specialized tasks
- ethical standards
- Internal affairs
- actual training
- less community interaction
3 characteristcs of community problem solving era
(and examples)
1) crime prevention
- crime analysis, after school program
2) community policing
- community action groups, foot patrol, substations
3) militarization of police
- body armor
Styles of policing (3)
1) watchman style
2) legalistic style
3) service style
Watchman style policing
- Passive/reactive
- keeps the peace
- finds alternatives to arrests and incarceration
Legalistic style
- enforce all laws
- little to no discretion
- broken windows theory
- zero tolerance theory
Broken windows theory
Cracks down on crimes that cause social decay
Ex. Petty theft, drugs
Zero tolerance theory
If you commit a crime you will be punished
Service style
Focus on discretion for most appropriate response
- can include arrests w/ force
- on rise w/ community problem
Organization of law enforcement
- Decentralized and fragmented
- federal (FBI, DEA, ATF)
- State (state police)
- local (police dept., sheriffs office)
- specialized (agencies, military, universities)
Courtroom participants (6)
- Judges
- juries
- prosecutors
- clerk
- bailiffs
- defense attorneys
Court processes (6)
1) initial appearance
- probable cause for arrest
- right to council - bail
2) arraignment (plea)
3) discovery (exchange info)
4) plea bargaining
5) pretrial motions
6) trial
Trial courts
Typical courts we think of
- includes district and circuit courts
*we are in the 4th circuit and western district
Appellate courts
Panel of judges hear legal appeals (no witnesses)
- ex. Supreme Court
- appellate courts > circuit court > Supreme Court
Federal courts
- Us courts (govt.)
- includes trial and appellate courts
Specialized courts
Handles specific issues
- ex. Bankruptcy, tax court, FISC
Corrections Stats
-$ Spent on corrections?
- # on probation/parole
- # in prison
- # in jail
$86 billion
4.5 million
1.5 million
740,000 inmates
Incarceration Rates
- US rate?
- average rate?
US incarceration: 716/100,000 people
Average: 54% of the world has less than 150/100,000 people incarcerated
Theories of Punishment (5)
& Definitions
1) Incapacitation: get crime off streets
2) Specific Deterrence: individually stop the crime (by punishing criminal)
3) General Deterrence: deters society (b/c they see the potential punishment)
4) Rehabilitation: changes future criminal behaviors
5) Retribution: revenge, victim is content b/c criminal is punished
Recidivism (Def)
& 2 stats
new crimes committed by repeat offenders
-77% from state prisons = rearrested
- 42% from federal prisons = rearrested
Colonial Era Punishments (5 examples)
1) fines
2) beatings
3) banishment
4) public shaming
5) death
Jail VS Prison
Jail: incarceration while awaiting trial, less than 1 year
-usually for misdemeanors
Prison: incarceration for 1+ years
-usually for felonys
Alternatives to Incarceration (4)
& Definitions
1) Probation: monitored life outside of prison, can lead to jail time if violated
2) Parole: monitored early release/suspended sentence
3) Halfway House: live with other offenders, get counseling/edu
4) House Arrest: electronically monitored
Just World
belief that we live in a world where people get what they deserve
Exoneration
situation where a person convicted of a crime is excused for legal consequences after discovering innocence
Vigilante Justice
occurs when individuals bypass the criminal justice system and resolve conflict by taking the law into their own hands
Ideology
Ideological Justice
Ideology: world view a person subscribes to
Ideological Justice: society will not be able to achieve justice until policies are enacted that support their desired ideology
Discourse Perspective Justice
discourse in which the public reaches consensus on what is/isn’t just
Postmodernism
philosophical perspective holding that there are multiple equally valid realities
Veil of Ignorance
thought experiment in which people know nothing of their own background
Thin Blue Line
division between police and public stemming from limited contact
-“Us vs Them” mentality
De-Escalation
a police technique used to defuse potentially dangerous situations
Hot Spots Policing
crime prevention strategy that involves placing officers where crime is located
Community Oriented Policing
a policing strategy used to foster a positive relationship between community and police
Problem Oriented Policing
designed to help police identify and respond to the root causes of crime
Compstat
policing strategy that integrates crime data and crime mapping to analyze crime patterns
Adjudication
formal legal process for resolving legal disputes in court
Jurisdiction
authority given to a court to hear a particular dispute
-types: hierarchal, subject matter, and geographical
Courtroom Workgroup
working relationship that develops among court employees
Grand Jury
group of citizens impaneled to hear evidence presented by a prosecutor to determine probable cause (preliminary hearing)
Exculpatory Evidence
evidence that may be favorable to the defendant in a criminal trial
Motion
formal request for the court to make a specific ruling on any issue or question
Summons
court order that directs recipient to appear in court at a specific time/date
-ex. jury duty
Peremptory Challenge
allows the prosecution or defense to excuse a potential jury member
Petit Jury
group of 12 jurors empaneled to hear particular criminal case
Indeterminate Sentencing
method in which a statute sets a broad range of permissible sentences for an offense - allows judge to choose sentencing time
Judicial Review
power of the courts to invalidate laws enacted by legislature
Legal Reasoning
the process by which judges make decisions about how to interpret and apply the law
