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58 Cards in this Set
- Front
- Back
criminal justice system
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a series of decision points and decision making
1.law enforcement 2.prosecutors 3.courts 4.corrections |
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factual guilt
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guilty in fact but not proven of provable in court
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presumption of innocence
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the government always has the burden to justify its use of power even against people who turn out to be guilty
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misdemeanor
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minor offenses punishable either by fines or up to one year in jail
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felony
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capital felonies are crimes punisheable by death or life imprisonment, ordinary felonies are crimes punishable by one year or more in prison
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criminal career
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if a person has ever committed a crime they have a criminal career. Some are very short and some are long
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due process
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the right to fair procedures
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elements of a crime
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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 |
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levels of intent
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1.Purposeful
2.Knowing 3.Reckless 4.Negligent |
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clear a crime
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a crime is cleared when agencies identify the individuals they believe committed the crime
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white collar crime
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crimes committed by respectable people or at least respected business and professional people
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adversary system
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getting the truth by fighting in court according to the formal rules of criminal procedure
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legal guilt
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guilt proven or provable in court
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presumption of guilt
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view that the people caught up in criminal justice are probably guilty
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crime
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a crime occurs when someone breaks an established law
-misdemeanors -felonies |
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career criminal
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individuals who start committing crimes very early and continue to commit crimes throughout their lives
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crimes against the state
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These are crimes that affect the interests of the state or its administration
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insanity
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focuses on whether a mental disease of defect impaired the defendants' is an excuse.
-right-wrong test -irresistable impulse test -substantial capacity test |
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moral panic
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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.
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decriminalization
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the process of making an action no longer a criminal act in the relevant jurisdiction.
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4 types of justice
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1.Distributive-deals w/distribution
2.Commutative-deals w/exchange 3.Retributive-works for retribution 4.Restorative-Geared toward victims |
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criteria for judge justness
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1.Prior Warning
2.Proportionality or just deserts 3.Equality 4.Due Process |
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difference between substantive justice and procedural justice
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substantive- guilty are punished innocent are not
procedural- accused persons are given due process |
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evidenced based crime policy
-why is it worthwhile? |
requires policies to be based on a solid foundation of evidence drawn from the best research.
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President's Crime Commission's Model
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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 |
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Wedding cake model
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advantages: highlights that not all cases are treated equal, handling of cases influenced by a variety of legal and extra-legal factors.
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describe CJS using the rational decision making model
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emphasizes the idea of decision making and discretion, decision-determine goal, identify alternatives, obtain info
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restorative justice
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based on the basic nature of crime being the harm of individuals and their relationships, a harm that has to be repaired and healed
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restorative vs. retributive justice
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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
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Packer's crime control and due process models
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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 |
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criminal law vs. criminal procedure
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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 |
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purpose of criminal law
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it is necessary to condemn certain behaviors in every society
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criminal law
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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
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legal defenses to crime liability
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1.Alibi
2.Justification 3.Excuse |
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tort law
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civil or private wrong, sanction is monetary damages, individual brings the action, both parties can appeal, the individual receives damages
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issues involved in the debate to abolish the insanity defense
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-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 |
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pros/cons of decriminalizing "victimless crime"
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-overburdens system
-no consensus of wrongness of acts -supports organized crime -corrupts system -private choice -treat as public health problem |
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who is likely to be a victim of crime
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men>women
young>old single>married Arfican American>white low class>upper/middle |
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change of role/treatment of victims in CJS
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colonial times-victim played huge role
1800s-1960 1960-present -treat victims w/compassion and respect -inform victims of critical stages in the trial -invite victims to attend and comment on trial proceedings |
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changes brought about through the victim's right movement
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states have established victim-witness assistance programs
-some added to state constitutions |
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does creation of victim rights legislation make a difference
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-have little effect on sentencing or punishment of offenders
-make victims feel better |
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various attempts at gun control
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-ban manufacture/sale of guns
-regulate sale/possession -restrict carrying of weapons -Bartley-fox & Kansas City gun experiment -stiffer penalties for gun crimes |
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which gun control policies are effective
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only effective one seems to be policies directed at how people use guns (Bartley-Fox & Kansas City Gun Experiment)
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according to Kleck, why are gun control efforts ineffective
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banning one weapon(specials) will simply lead to the substitution effect of another weapon, specials are primarily chosen by lower class
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connection between drugs and crime
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1.drug use causes non-drug crime
2.non-drug crime leads to drug crime 3.some other factor leads to both |
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various strategies to control drugs, which are effective
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-Supply Reduction
-source control, border control, arresting sellers -Demand Reduction -Arrest users, treatment, prevention |
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major ways of measuring crime
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official police reports(UCR, crime index, NIBRS), victim surveys(NCVS), self-reports
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advantages and disadvantages of measuring crime
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crime is measured to...
1.get description 2.risk assessment 3.program evaluation 4.explanation |
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how is National Incident Based Reporting System an improvement on the UCR
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the NIBRS includes details about each crime
-collects info about 2 groups of offenders -more detailed |
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major finding of Marvin Wolfgang's cohort study
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small % of boys committed a large % of the total crime
-most people stop committing crime relatively young |
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policy significance from Wolfgang's study
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if we could identify the small % who become career criminals we could eliminate much of the crime
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racial disparity
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a difference in the proportion involved in criminal justice and the proportionin the population
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how have racial disparities in prison changed
why? |
the black percentage among prisoners has increased sharply since 1980
-war on drugs= class difference and crack vs powder cocaine |
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why do moral panics occur?
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the media exaggerates a problem and the public panics
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"moral panic as ideological displacement"
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idea that moral panics keep Americans focused on something other than the root of the problem, such as unemployment etc.
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liberal view on crime
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source of problem:society
why people break law:external pressure Goal of CJS:due process & rehabilitation solution to crime: societal reform |
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conservative view on crime
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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 |
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radical view on crime
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source of problem:capitalism
why people break law:economic inequality Goal of CJS: protect rich solution to crime:revolution |