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first criminal justice test


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criminal justice system
a series of decision points and decision making enforcement
factual guilt
guilty in fact but not proven of provable in court
presumption of innocence
the government always has the burden to justify its use of power even against people who turn out to be guilty
minor offenses punishable either by fines or up to one year in jail
capital felonies are crimes punisheable by death or life imprisonment, ordinary felonies are crimes punishable by one year or more in prison
criminal career
if a person has ever committed a crime they have a criminal career. Some are very short and some are long
due process
the right to fair procedures
elements of a crime
1.The criminal act(the physical element)
2.The criminal intent(the mental element)
3.the concurrence of the criminal act and the criminal intent
levels of intent
clear a crime
a crime is cleared when agencies identify the individuals they believe committed the crime
white collar crime
crimes committed by respectable people or at least respected business and professional people
adversary system
getting the truth by fighting in court according to the formal rules of criminal procedure
legal guilt
guilt proven or provable in court
presumption of guilt
view that the people caught up in criminal justice are probably guilty
a crime occurs when someone breaks an established law
career criminal
individuals who start committing crimes very early and continue to commit crimes throughout their lives
crimes against the state
These are crimes that affect the interests of the state or its administration
focuses on whether a mental disease of defect impaired the defendants' is an excuse.
-right-wrong test
-irresistable impulse test
-substantial capacity test
moral panic
a mass movement based on the false or exaggerated perception that some cultural behavior or group of people, frequently a minority group or a subculture, is dangerously deviant and poses a menace to society.
the process of making an action no longer a criminal act in the relevant jurisdiction.
4 types of justice
1.Distributive-deals w/distribution
2.Commutative-deals w/exchange
3.Retributive-works for retribution
4.Restorative-Geared toward victims
criteria for judge justness
1.Prior Warning
2.Proportionality or just deserts
4.Due Process
difference between substantive justice and procedural justice
substantive- guilty are punished innocent are not
procedural- accused persons are given due process
evidenced based crime policy
-why is it worthwhile?
requires policies to be based on a solid foundation of evidence drawn from the best research.
President's Crime Commission's Model
advantages: systematic in nature of CJ, decision making, case attrition
disadvantages: oversimplifies the variety of CJS, overstates the systematic nature, ignores the importance of informal decision making
Wedding cake model
advantages: highlights that not all cases are treated equal, handling of cases influenced by a variety of legal and extra-legal factors.
describe CJS using the rational decision making model
emphasizes the idea of decision making and discretion, decision-determine goal, identify alternatives, obtain info
restorative justice
based on the basic nature of crime being the harm of individuals and their relationships, a harm that has to be repaired and healed
restorative vs. retributive justice
crime is a harm to individuals and their relationships vs. crime is a violation of the criminal law and all of society is the victim
Packer's crime control and due process models
crime control model- focuses on the need to protect people and their property for the good of the whole society
due process model-it's more important to guarantee the right of individuals to fair practices than to catch criminals
criminal law vs. criminal procedure
criminal law-tells private individuals what behavior is a crime and lays down the punishment for it
criminal procedure-tells government officials the extent and linits of their power to enforce the criminal law, and it sets out the consequences for illegal official actions
purpose of criminal law
it is necessary to condemn certain behaviors in every society
criminal law
criminal law-crime is a public offense, sanction is incarceration, fine, or death, right of enforcement=state, gov ordinarily doesn't appeal, fines goto state
legal defenses to crime liability
tort law
civil or private wrong, sanction is monetary damages, individual brings the action, both parties can appeal, the individual receives damages
issues involved in the debate to abolish the insanity defense
-is a loophole
-abolishing the insanity offense will not have a serious effect on crime
-rarely used or works
-difficult to predict their dangerousness
-insanity defense helps establish criminal intent
pros/cons of decriminalizing "victimless crime"
-overburdens system
-no consensus of wrongness of acts
-supports organized crime
-corrupts system
-private choice
-treat as public health problem
who is likely to be a victim of crime
Arfican American>white
low class>upper/middle
change of role/treatment of victims in CJS
colonial times-victim played huge role
-treat victims w/compassion and respect
-inform victims of critical stages in the trial
-invite victims to attend and comment on trial proceedings
changes brought about through the victim's right movement
states have established victim-witness assistance programs
-some added to state constitutions
does creation of victim rights legislation make a difference
-have little effect on sentencing or punishment of offenders
-make victims feel better
various attempts at gun control
-ban manufacture/sale of guns
-regulate sale/possession
-restrict carrying of weapons
-Bartley-fox & Kansas City gun experiment
-stiffer penalties for gun crimes
which gun control policies are effective
only effective one seems to be policies directed at how people use guns (Bartley-Fox & Kansas City Gun Experiment)
according to Kleck, why are gun control efforts ineffective
banning one weapon(specials) will simply lead to the substitution effect of another weapon, specials are primarily chosen by lower class
connection between drugs and crime
1.drug use causes non-drug crime
2.non-drug crime leads to drug crime
3.some other factor leads to both
various strategies to control drugs, which are effective
-Supply Reduction
-source control, border control, arresting sellers
-Demand Reduction
-Arrest users, treatment, prevention
major ways of measuring crime
official police reports(UCR, crime index, NIBRS), victim surveys(NCVS), self-reports
advantages and disadvantages of measuring crime
crime is measured to...
1.get description
2.risk assessment
3.program evaluation
how is National Incident Based Reporting System an improvement on the UCR
the NIBRS includes details about each crime
-collects info about 2 groups of offenders
-more detailed
major finding of Marvin Wolfgang's cohort study
small % of boys committed a large % of the total crime
-most people stop committing crime relatively young
policy significance from Wolfgang's study
if we could identify the small % who become career criminals we could eliminate much of the crime
racial disparity
a difference in the proportion involved in criminal justice and the proportionin the population
how have racial disparities in prison changed
the black percentage among prisoners has increased sharply since 1980
-war on drugs= class difference and crack vs powder cocaine
why do moral panics occur?
the media exaggerates a problem and the public panics
"moral panic as ideological displacement"
idea that moral panics keep Americans focused on something other than the root of the problem, such as unemployment etc.
liberal view on crime
source of problem:society
why people break law:external pressure
Goal of CJS:due process & rehabilitation
solution to crime: societal reform
conservative view on crime
source of problem:individual
why people break law:bad morals & free will
-Goal of CJS:public safety & deter crime
-solution to crime: return to morality & criminal justice
radical view on crime
source of problem:capitalism
why people break law:economic inequality
Goal of CJS: protect rich
solution to crime:revolution

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