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CRIMINOLOGY > Week 1 > Flashcards

Week 1 Flashcards

1
Q

What is CRIMINAL JUSTICE?

A

Criminal justice is the system of practices and institutions of governments directed at upholding social control, preventing and managing crime, or punishing those who violate laws

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2
Q

What does our criminal justice system include?

A

Law enforcement agencies that enforce the law
- Police
- Investigative agencies
Courts that adjudicate cases of law violation
- Trial courts, Supreme courts, traffic court
Correctional agencies that punish/ treat lawbreakers
- Prisons, jails, probation/ parole offices

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3
Q

What is a DUAL CRIMINAL JUSTICE SYSTEM?

A

Our CJ System is termed a Dual Criminal Justice System because both the Federal government & each state government have their own criminal justice systems

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4
Q

What does each state and federal governments have?

A

Each state & the Federal government has law enforcement agencies, courts, and correctional institutions
Local agencies are included under state agencies

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5
Q

What is CIVIL JUSTICE?

A

Addresses disputes between individuals or companies
Goal is to collect damages ($)
Lawsuit filed against defendant
Punishment = fines & property loss
Can file a lawsuit to reclaim damages from a crime

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6
Q

What does CRIMINAL JUSTICE do that CIVIL JUSTICE doesn’t?

A

Addresses violation of state/ Federal law
Goal is to punish, shame, deter
Charges filed against defendant
Punishment = prison, jail, fines, probation, parole

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7
Q

What is DUE PROCESS?

A
  • Our CJ System’s most important function is to ensure that everyone is treated fairly by the law
  • Defendant’s rights should be protected and upheld– that government already has a power advantage
  • Police and court powers should be limited to protect the accused
  • There should be many procedures and steps in the CJ process to ensure that the truth is found
  • Even a guilty person should be let free if proper legal procedures are not followed
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8
Q

What is CRIME CONTROL?

A
  • Controlling crime is the most important function of the CJ System – we want to preserve order in society
  • The CJ System is responsible for protecting & speaking for victims
  • Law enforcement and courts should be given more discretion and power to effectively prevent, detect, and respond to crime
  • Cases should be processes quickly through the CJ System
  • We assume that those entering the CJ System are likely guilty
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9
Q

What is COUPLING?

A
  • Coupling refers to how closely parts of the CJ System work together
  • Hagan (1989) argues that our CJ System is a loosely coupled system, a set of loosely connected subsystems where the locus of control is internal to each (due to varying goals and political interests)
  • CJ operations will vary based on how tight or how loosely the individual parts of the CJ System are coupled
  • Outside events might also affect coupling
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10
Q

What is a WEDDING CAKE AND FUNNEL MODEL?

A
  • Wedding Cake Model: Shows the types of cases that enter the CJ system & their relative frequency
  • Funnel Model: Shows that many cases enter the CJ system, but some are filtered out at each stage in the CJ process
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11
Q

Which type of case do you think is most common in our CJ System?

A) Well-known cases like the OJ Simpson, Zimmerman, or Boston bombing cases
B) Major Felonies like murder or rape
C) Basic Felonies like assault or robbery
D) Misdemeanors like shoplifting, vandalism, public intoxication

A

D) Misdemeanors like shoplifting, vandalism, public intoxication

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12
Q

List in order from least to greatest for the wedding cake tiers. Serious Felonies, Celebrated cases, Misdemeanors, Less serious felonies

A

Celebreated cases, serious felonies, less serious felonies, misdemeanors

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13
Q

What is different about the FUNNEL MODEL that isnt mentioned in the WEDDING CAKE MODEL?

A

SUMMARY: Cases are filtered out at each stage of the CJ process. Many more cases enter the system than end up in prison, on probation/ parole, etc.

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14
Q

What is an arrest?

A
  • After a crime is committed, reported, and solved by police, an individual may be arrested
  • Arrest is when a law enforcement official takes a person into custody, meaning that they have control over this person
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15
Q

What is booking?

A
  • After arrest, a person is transported to a facility to be booked
  • Booking is when law enforcement officials formally accuse a person of a crime, take photographs, fingerprints, & collect other basic information
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16
Q

What is CHARGING and what is a CRIMINAL COMPLAINT?

A
  • The prosecutor’s office reviews the case and decides whether a person should be charged with a crime
  • If a case is charged, the prosecutor issues a criminal complaint document charging the suspect with committing a misdemeanor, felony, or both
17
Q

What is a PRELIMINARY ARRAIGNMENT?

A
  • An initial hearing before the judge with attorneys & defendant present
  • The defendant is read the charges in the criminal complaint
  • The judge will explain the possible penalties, legal process to come & other basic details
  • Some defendants may be able to enter a plea of guilty, not guilty, or no contest at this time (for minor offenses)
  • Bail may be set at this time
18
Q

What is BAIL?

A
  • Bail is a monetary deposit made to the court to guarantee that the accused will appear in court
    • Bail is typically based on the severity of the offense, sometimes on the financial ability of the accused
    • If found guilty, bail funds will be used to defray court costs, pay restitution, and such
    • Bail money is forfeited if you do not appear in court
19
Q

TRUE/ FALSE: Booking is when a law enforcement official takes a person into custody, meaning that they have control over this person

A

FALSE

20
Q

What is PRELIMINARY HEARING and what is a GRAND JURY?

A
  • The prosecutor’s office must demonstrate that there is enough evidence to prosecute the case in one of two ways
  • Preliminary Hearing: evidentiary hearing in which the prosecutor’s office must prove to a judge that there is enough evidence to believe the defendant committed a crime
  • In some felony cases, a Grand Jury may decide whether the case should move forward
21
Q

What is a JURY? PETIT JURY? GRAND JURY?

A
  • A jury is a group of individuals (often 12) that makes specific legal decisions in the court process
  • A Petit Jury decides guilt or innocence
  • A Grand Jury decides whether there is sufficient evidence to prosecute an individual
22
Q

What is an indictment?

A

If the grand jury/ preliminary hearing determines there is sufficient evidence for prosecution to continue an indictment is issued—another formal statement of charges to be pursued (charges may be different from initial complaint)
- If issued by a prosecutor after a preliminary hearing, this document is called information

23
Q

What is an ARRAIGNMENT?

A

The defendant is formally charged based on the indictment & enters a plea of guilty, not guilty, or no contest

24
Q

TRUE/ FALSE: A petit jury decides guilt or innocence

A

TRUE

25
Q

Which of the following places the steps of the CJ Process in the correct order?

Arrest, Indictment, Preliminary Arraignment
Arrest, Preliminary Arraignment, Indictment
Indictment, Preliminary Arraignment, Arrest

A

Arrest, Preliminary Arraignment, Indictment

26
Q

What is a SENTENCING HEARING? PLEA BARGINS?

A
  • If the defendant pleads guilty or no contest, the next stage in the CJ process is a sentencing hearing whether the defendant will be informed of his/ her punishment by a judge
  • Often, guilty pleas are the result of plea bargains. These are agreements between the prosecutor and defendant where the defendant pleads guilty in exchange for some change to the sentence or charges
27
Q

What is a TRIAL? ADVERSARIAL SYSTEM? SENTENCING HEARING?

A
  • If a defendant pleads not guilty, the next stage in the CJ process is a trial. In a trial, attorneys representing prosecution and defense present evidence, witnesses, testimony, and arguments supporting their respective “side” of the case.
  • This is why our CJ system is known as an adversarial system. Opposing sides argue before a neutral party (judge and/or jury) that decides the truth of the case.
  • If found guilty at trial, the defendant will have a sentencing hearing.
28
Q

What is a correction?

A
  • A guilty defendant will receive some sort of punishment sentence at the sentencing hearing. This may be:
    • Probation
    • Incarceration
    • Fines
    • Drug/ Alcohol treatment
    • Etc.

CRIMINOLOGY (18 decks)

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