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GSU CRJU 3700 - Criminal Courts Study Guide Exam 1

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Chapter 1: Crime, Courts and Controversy Definitions:- Crime control model: A perspective on the criminal justice process based on theproposition that the most important function of criminal justice is the repression of crime,focusing on efficiency as a principle measure. - Criminal justice system: Agencies and institutions directly involved in theimplementation of public policy concerning crime, mainly the law enforcement agencies,courts and corrections.- CSI effect: The Phenomenon in which technology has heightened juror expectations anddemands for scientific evident. Anecdotal evidence suggests that this effect causes jurorsto wrongfully acquit guilty defendants when no scientific evidence is presented, a claimnot supported by empirical research. - Due process model: A philosophy of criminal justice based on the assumption that anindividual is innocent until proven guilty and has a right to protection from arbitrarypower of the state. - Felonies: The more serious of the two basic types of criminal behavior, usually bearing apossible penalty off one year or more in prison. - Misdemeanors: Lesser than the two basic types of crime, usually punishable by no morethan one year in jail. - Violations: Minor criminal offenses that are punishable by fine, probation, or a short jailterm, typically less than 30 days.Chapter 1: Crime, Courts and Controversy Textbook- The Criminal Justice System is interdependent and fragmented. - STATE = 1. Trial courts of limited jurisdiction, 2. Trial courts of general jurisdiction, 3.Intermediate court of appeals, 4. Appellate court of last resort, 5. The Federal Supremecourt of U.S.- FEDERAL= 1. Magistrate court, 2. District court, 3. Circuit court of appeals, 4. TheSupreme court of the U.S.JusticeprofessionalsMembers ofthe publicPolice Lawyers Court support Correctional Regular IrregularFederal Prosecutors Clerks Probation Bail Defendants State Public defender Court reporter Jail Reporter VictimsSheriff Private defense Pretrial servicesPrison Social servicesWitnesses Local Judges Bailiffs RehabilitationExpert witness Jurors Special Law clerk administratorsAdvocates Private Victims Arrest Initial appearance Bail Grand jury Preliminary hearing Arraignment Discovery, pretrial motions and plea negotiation Trial Sentencing Appeals - Crime: Any violation of criminal law.- Arrest: The physical taking into custody of a suspect.- Initial appearance: The accused is told the charges, bail is set, and the date for thepreliminary hearing is set. - Bail: Money or property is pledged as a form of a guarantee that a defendant will appearat trial. - Charging decision: Formal criminal charges against the defendant. Stating what lawswere violated. - Preliminary hearing or grand jury: Judicial proceedings to determine probable causeexist and to make the accused stand on trial for felony charges. - Arraignment: The defendant is informed of pending charges and can enter a plea. - Discovery: formal and informal exchange of information before trial. - Pretrial motions: The defense may seek to have evidence suppressed because it wascollected in a way that violated the constitution.- Plea negotiations: The defendant pleads guilty with the expectation of receiving somebenefit. - Trial: A fact finding process using adversarial method before a judge or a jury. - Sentencing: punishment imposed on a defendant who is found guilty of violating the law.- Appeal: Review of a lower level court decision by a higher court.Chapter 1: Crime, Courts and Controversy Lecture on Chapter 1- The courts and the criminal justice system’s components are:o Police o Courts o Corrections - How are courts related?o Fragmented  They have different interests, traditions and operating procedure. o Interdependent  They have interaction, so they have to corporate with each other. o Tensions and conflict  They have conflicting goals and perspectives.  Dual Court System: Federal and state system. You can be prosecuted in both, one orneither. - U.S. Courts o Major types:  Trial courts (juries and evidence) Appellate courts (intermediate) U.S. Supreme court - Trial Courts o Trials are held here, jurors are sworn in and witnesses are questioned.  Lower court (minor, misdemeanor cases) Major or higher court (felonies)- Lower court can handle bail and probable cause trial of felonies. - Appellate Courts o Review decisions made by trial court.  No trial is held here No jurors employed  No witnesses heard Lawyers here argue over previous cases  4 to 5 judges - U.S. Supreme Court o This is the court of last resort. There are 9 justices  Rule of four: Before the case will even be heard 4 justices will have toagree to hear the case. However, 5 justices have to agree to decide thecase.  Hears fewer than 85 cases a year. Usually only hears cases that are impacting society as a whole (policymakers). - They make the law of the land! Every decision is binding! o Diversity on the bench matters!- Actors in the courto Most important include  Prosecutors; most powerful, uses discretion, determines sentence.  Defense attorney  Judge; prestigious  Defendants  Victims  Juries  Bailiff; you always need - The steps in a typical felony prosecution o Crime o Arrest o Initial appearanceo Bail o Grand jury o Preliminary hearingo Arraignmento Discovery o Pretrial motiono Plea negotiation o Trial o Sentencing (if guilty) o Possible appeal Absolve the innocent and convict the guilty. - Law on the books V. Law in action o Law on the books  Legal and structural components of the judiciary.o Law in action Focuses on human factors on governing the actual application of law.  Discretion, human error and biases.- Oppression of crime o The Crime Control Model  Conservative - Individual responsibility - Self-control, discipline - Informal fact finding - Speed and finality - Harsher punishments - Prosecution favoredo The Due Process Model Liberal - Protected individual rights and basic freedoms- Social influences- Formal fact finding o Careful consideration of each caseo Limit police discretion - Community based sentencing - Rehabilitation and social programsChapter 2: Law and Crime Definitions - Actus reus: (guilty act): Requirement that, for an act to be considered criminal, theindividual must have committed a


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