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The Criminal Justice System (Types of crime (Visible (Violent, Property,…
The Criminal Justice System
Goals
Doing Justice
Controlling Crime
Preventing Crime
Advancing Goals
Evidence based practices: Policies developed through guidance from research studies that demonstrate which approaches are most useful and cost effective for advancing desired goals Ex.) Drug policies
Two Justice Systems
Federalism
National
breaking federal laws like terfeiting, espionage, major drug offenses
State
Most offenses are done through state courts
Characteristics of the Criminal Justice system
Discretion
The authority to make decisions without reference to specific rules. Using ones own judgement
Police, Prosecutors, Judges, Correctional officials
Resource Dependence
Do not generate their own, therefore depend on other agencies for funding
Budget decisions made by elected officals who seek to please the public
News coverage from the Media since media provides link to public
Sequential Tasks
Police arrest
Prosecutor determines if charges should be brought
decisions of police, prosecutors and courts determine the number of offenders sent to corrections agencies
Filtering
A screening operation; a process by which criminal justice officials screen out some cases while advancing others to the next level
Operations of the CJS
Police
"The Front Line"
Keeping the peace
Apprehending violators and combating crime
Preventing crime
Providing social services
Courts
Dual Courts
A system consisting of a separate judicial system for each state in addition to a national system. Each case is tried in court of the same jurisdiction as that of the broken laws
U,.S Supreme Court
Federal Laws or constitutional rights
State Courts
adjudication: the process of determining whether the defendant is guilty
Corrections
Prisons and jails (less then 30%)
Probation and Parole
Community based halfway houses
Supervised activity
13 steps
Investigation
arrest
booking
charging
initial appearance
preliminary hearing/grand jury
indictment/information
Arraignment
1 more item...
Types of crime
Transnational Crime
Occupational Crime
Organized Crime
Visible
Violent
Property
Public order
Victimless
Political Crime
Cybercrime
Data
Uniform Crime Reports (UCR)
National Crime Victimization Surveys (NCVS)
Trends
Age
gender
Race
Laws
Substantive criminal law
Misdemeanors
Felonies
civil Infractions
Civil law
Procedural criminal law
7 Principles of Criminal Law
Legality
Must be a law that states a specific action
Actus Reus
Criminal laws are aimed at human acts, may not be convicted because of status
Causation
There must be a causal relationship between an act and the harm suffered
Harm
To be a crime, an act must cause harm to some legally protected value
Concurrence
For an act to be considered a crime, the intent and the act must be present at the same time
Mens Rea
The commission of an act is not a rime unless it is accompanied by a guilty state of mind
Punishment
There must be a provision in the law calling for punishment of those found guilty of violating the law
Defenses
Justification
Self defense
Necessity
Excuse
Duress
Entrapment
Infancy
Mistake of Fact
intoxication
Insanity
M'nagthen rule
Irrestsitble impulse test
Durham rule
Comprehensive Crime Control Act
Bill Of Rights
Fourteenth Amendment and Due Process
Bars states from violating peoples right to due process
Fourth amendment
limits the ability of law enforcement officers to search a person or property in order to obtain evidence of criminal activity
The fifth Amendment
Protection against self-incrimination and double jeopardy
The sixth Amendment
The right to an attorney and to a fair trial
The Eighth Amendment
Protection against Excessive Bail, fines, and cruel and unusual punishment