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65 Cards in this Set
- Front
- Back
The Goals of Criminal Justice
#1 |
Controlling Crime
Criminal justice system is designed to control crime by arresting, prosecuting, convicting, and punishing those who disobey the law. Criminal law defines what is illegal and outlines rights of citizens and procedures officials must follow to achieve system’s goals |
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The Goals of Criminal Justice
2 |
Preventing crime
Deterrent effect of police, courts, & corrections |
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The Goals of Criminal Justice
3 |
DOING JUSTICE:BASIS FOR RULES, PROCEDURES, AND INSTITUTIONS OF THE SYSTEM
Hold offenders accountable Protect rights |
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Characteristics of the Criminal Justice System
1 |
Discretion: officials’ freedom to act according to their own judgment and conscience.
Allows for individualization and informality in the administration of justice Arguments used to justify discretion Discretion is needed because system lacks resources to treat every case the same way. Many officials believe discretion permits them to achieve greater justice than rigid rules would produce. |
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Characteristics of the Criminal Justice System
2 |
Resource Dependence
Criminal justice officials must maintain good relations with those that allocate resources. Must maintain positive images and good relations with voters. Want positive coverage from the news media |
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Characteristics of the Criminal Justice System
3 |
Sequential Tasks
Nature of the system Police must arrest before case is passed to prosecutor |
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Characteristics of the Criminal Justice System
4 |
Filtering
Some defendant are filtered out of the system Lack of sufficient evidence Charges are dismissed Jury acquits some defendants Defer prosecution |
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Steps in the Decision-Making Process
1-3 |
Investigation – crime is reported or police witness a crime.
Arrest – physically taking a person into custody pending a court proceeding if enough evidence is available showing a crime has been committed. Booking – fingerprinted, photographed, questioned, and placed in a lineup. |
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Steps in the Decision-Making Process
4-6 |
Charging – decision to charge is crucial because it sets in motion the adjudication of the case.
Initial appearance – given formal notice of charges, advised of rights, possibly post bail. Preliminary hearing/grand jury – does probable cause exist to proceed? |
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Steps in the Decision-Making Process
7-10 |
Indictment/information – a document returned by a grand jury as a “true bill” charging an individual with a specific crime on the basis of a determination of probable cause as presented by a prosecuting attorney.
Arraignment – defendant has opportunity to enter a plea to the charges. Trial – Only about 10-15% of cases go to trial and 5% are heard by juries. Sentencing – imposing punishment suitable to the offender and the offense within limits of the law. |
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Steps in the Decision-Making Process
11-13 |
Appeal – those found guilty can appeal conviction to a higher court.
Corrections – the court’s sentence is carried out by the correctional subsystem. Release – may occur when offender has served full sentence imposed by the court or paroled to the community. |
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The Criminal Justice Wedding Cake
layer 1 |
Layer I – This layer consists of “celebrated” cases
These cases receive high publicity Involve the full process, including a trial Many appeals Embody the ideal of “adversarial system” |
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The Criminal Justice Wedding Cake
layer 2 |
Layer II – Comprised of serious felonies
Violent crimes committed by repeat offenders Tough sentences |
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The Criminal Justice Wedding Cake
layer 3 |
Layer III – Less serious offenses committed by less serious offenders
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The Criminal Justice Wedding Cake
layer 4 |
Layer IV – Consists of misdemeanors; 90% of all cases fall into this category
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Crime Control Model
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assumes freedom is so important that every effort must be made to repress crime
Emphasizes efficiency, speed, finality Goal of high rate of apprehension of offenders Goal of high rate of conviction and disposition of cases |
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Due Process Model
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assumes freedom is so important that every effort must be made to ensure criminal justice decisions are based on reliable information
Emphasizes adversarial process Rights of defendants should be protected Formal decision-making procedures. |
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Disparity
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a difference between groups than can be explained by legitimate factors.
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Discrimination
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occurs when groups are differentially treated without regard to their behavior or qualifications.
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mala in se
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crimes that are wrong in themselves
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mala prohibita
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crimes because they are prohibited by the government, not because they are wrong in themselves.
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Visible crime or “street crime”
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Violent crimes – acts against people in which death or physical injury results
Property crimes – acts that threaten property held by individuals or the state Public order crimes – acts that threaten the general well-being of society and challenge accepted moral principles |
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Occupational Crime
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committed in the context of a legal business or profession.
Cost businesses $40 billion annually Often viewed as shrewd business practices rather than illegal acts |
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Organized Crime
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refers to a framework within which criminal acts are committed rather than acts themselves
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Organized Crime
Con't |
A crime syndicate has an organizational structure, rules, a division of labor, and capacity for ruthless violence
Provide goods and services Minimum risk, maximum profit Money laundering Traditional, Mafia New and emerging organized crime groups |
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Crimes Without Victims
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willing and private exchange of goods or services in strong demand, but are illegal
Prostitution Gambling Drug sales Society as a whole is harmed because the moral fabric of the community is threatened War on Drugs |
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Political Crime
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criminal acts either by the government or against the government for ideological purposes
These criminals believe they are following a morality above the law Treason World Trade Center and Oklahoma City Bombings |
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Cybercrime
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involve the use of computers and Internet to commit crime
Steal information, resources, or funds Child pornography Global nature of the Internet and challenges to law enforcement Methods for investigating computer crime |
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Classical School
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views behavior as stemming from free will, demands responsibility and stresses need for severe punishment to deter others
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Neoclassical criminology
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emerged in 1980's same as classical need to be tough on crime
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Positivist criminology
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mid 19th century; use of science to study body, mind, and environment of offender
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Positivist Con't
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Human behavior controlled by physical, mental & social factors, not free will
Criminals are different from noncriminals Science can be used to discover causes of crime and to treat |
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Crimes Without Victims
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willing and private exchange of goods or services in strong demand, but are illegal
Prostitution Gambling Drug sales Society as a whole is harmed because the moral fabric of the community is threatened War on Drugs |
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Political Crime
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criminal acts either by the government or against the government for ideological purposes
These criminals believe they are following a morality above the law Treason World Trade Center and Oklahoma City Bombings |
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Biological Explanations
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Cesare Lombroso believed some people are at a more primitive state of evolution, thus born criminal
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Crimes Without Victims
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willing and private exchange of goods or services in strong demand, but are illegal
Prostitution Gambling Drug sales Society as a whole is harmed because the moral fabric of the community is threatened War on Drugs |
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Psychological Explanations
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Sigmund Freud proposed psychoanalytic theory that crime is caused by unconscious forces and drives.
Struggle among id, ego, and superego |
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Cybercrime
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involve the use of computers and Internet to commit crime
Steal information, resources, or funds Child pornography Global nature of the Internet and challenges to law enforcement Methods for investigating computer crime |
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Political Crime
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criminal acts either by the government or against the government for ideological purposes
These criminals believe they are following a morality above the law Treason World Trade Center and Oklahoma City Bombings |
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Classical School
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views behavior as stemming from free will, demands responsibility and stresses need for severe punishment to deter others
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Sociological Explanations
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focus on the way that belonging to social groups shapes people’s behavior
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Cybercrime
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involve the use of computers and Internet to commit crime
Steal information, resources, or funds Child pornography Global nature of the Internet and challenges to law enforcement Methods for investigating computer crime |
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Neoclassical criminology
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emerged in 1980's same as classical need to be tough on crime
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Classical School
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views behavior as stemming from free will, demands responsibility and stresses need for severe punishment to deter others
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Neoclassical criminology
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emerged in 1980's same as classical need to be tough on crime
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Positivist criminology
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mid 19th century; use of science to study body, mind, and environment of offender
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Positivist criminology
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mid 19th century; use of science to study body, mind, and environment of offender
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Positivist Con't
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Human behavior controlled by physical, mental & social factors, not free will
Criminals are different from noncriminals Science can be used to discover causes of crime and to treat |
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Biological Explanations
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Cesare Lombroso believed some people are at a more primitive state of evolution, thus born criminal
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Positivist Con't
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Human behavior controlled by physical, mental & social factors, not free will
Criminals are different from noncriminals Science can be used to discover causes of crime and to treat |
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Biological Explanations
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Cesare Lombroso believed some people are at a more primitive state of evolution, thus born criminal
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Psychological Explanations
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Sigmund Freud proposed psychoanalytic theory that crime is caused by unconscious forces and drives.
Struggle among id, ego, and superego |
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Sociological Explanations
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focus on the way that belonging to social groups shapes people’s behavior
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Psychological Explanations
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Sigmund Freud proposed psychoanalytic theory that crime is caused by unconscious forces and drives.
Struggle among id, ego, and superego |
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Sociological Explanations
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focus on the way that belonging to social groups shapes people’s behavior
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Social structure theories
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suggest criminal behavior is related to social class.
Robert Merton – concept of “anomie” (breakdown in and disappearance of rules of social behavior) |
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Contemporary theories
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draw on social structure concepts and anomie theory
Negative relationships lead to negative emotions which are expressed through crime and delinquency |
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Social Process Theories
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assume any person has potential to become a criminal depending on (1) influences that impel one toward or away from crime (2) how one is regarded by others
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Learning theory
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criminal behavior is learned
• Edwin Sutherland, Differential Association theory |
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Control theory
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criminal behavior occurs when social bonds are weak or broken
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Labeling theory
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causes of criminal behavior found in social process that labels certain acts as criminal or deviant
• Howard Becker • Turning points in life such as marriage or employment may explain why some cease criminal activity |
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Social Conflict Theories
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assume criminal law and criminal justice system are way to control the poor and the have-nots.
Critical, radical, or Marxist criminologists Hostility is factor of criminal behavior |
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