Chapter 1 The criminal justice system 01 29 2014 Goals of criminal justice system Mala in se morally wrong ie murder Mala Prohibita wrong because we say its wrong ie drug use Goals How we address crimes Doing justice Retributive Justice getting what you deserve Procedural Justice protecting the one who is accused the innocent will not be convicted punishes the guilty and protects the innocent Disributive Justice distributed equally across everyone shouldn t matter race gender socioeconomic status same access to seeking procedural Restorative Justice used in other countries not only focus on offender but also victim take into account what s best for community offender as well as Crimes justice victim Controlling crime How Preventing Crime Retribution punishment fitting of crime Rehabilitation fix the offender 60 70 offenders commit crime again Incapacitation keeping offender from committing other crimes ie jail Deterrence punishment is made certain severe and swift then you will make a rational choice way cost and benefits and not commit crime specific individual person who committed crime ie privately telling offender student in class not to talk or he will fail general making example of offender ie rest of class will be deterred if one student is called out Federalism Two Justice systems central national regional state Coordination Agencies help each other out Usurpation One agency takes rights away from another agency Characteristics bringing in quotas Discretion pick and choose how you want to follow through could violate distributive justice law doesn t apply equally Resource Dependence bringing people into criminal justice system for Sequential Tasks you know what to except when going through criminal trial Filtering less serious offenders fall out of the criminal justice system leaving room for more serious offenders 90 plea bargain charge bargain put down for a lesser offense sentence bargain Keep all charges but recommend minimum if you plead guilty Decision Making Process Investigation and arrest Not charged until indicted lesser sentence System models Booking process info on person pat down see if carry weapon 10 of cases go through trial process or they lead out and likely receive a Crime control vs Due Process control crime by punishing but we would like to protect individual rights Retribution vs Rehabilitation give people what they deserve receive harsh punishment for bad crime but we would be punishing a former victim Should we be helping these underlying causing factors that have led the offenders to commit crime Wedding Cake majority of cases are misdemeanors bottom of cake less serious felonies second to last serious felonies second celebrated case first on cake Questions 1 What are the three goals of the criminal justice system 1 Control and crime 2 preventing crime 3 doing justice 2 What types of crimes are mala in se Murder morally wrong 3 What types of crimes are mala prohibita Bad because the law says its bad 4 What are the four forms of justice 1 Retribution get what you deserve 2 Procedural justice procedure set up we have to go through procedure 3 Distributive justice justice is distributed evenly 4 Restorative justice what is best for the community 5 How does the criminal justice address control crime Retribution rehabilitation incapacitation deterrence 6 What are the two types of deterrence what is deterrence Specific and general Deterrence is when punishment is made certain severe and certain 7 What is the wedding cake model Misdemeanors less serious felonies serious felonies celebrated cases 8 What percentage of cases are plea bargained 90 9 What are the characteristics of the crime control vs due process models Crime control punishing offenders Due process individual rights 10 What does federalism mean system of government in which power is divided between a central authority and constituent political units 11 What are the four characteristics of the criminal justice system Discretion resource dependence sequential tasks filtering Crime Trends 01 29 2014 Data Collections Uniform Crime Reports UCR issues of uniform crime reports some crimes may not be reported dark figures of crime National Incident Based Reporting System NIBRS National Crime Victimization Surveys NCVS survey that goes to random sample of residents how have you been victimized Racial Disparities United States 750 per 100 000 1 in 100 jail or prison 1 in 36 Latino adults 1 in 15 black adults 1 in 9 black males age 20 34 pew center for the states 1 in 31 under some form of correctional supervision Why page 27 30 Terry vs Ohio 1968 Probable cause Officer should be extremely confident that you have engaged in a crime or about to engage in a crime before they derive you of Reasonable suspension More than a hunch but less than a probable cause your freedom 51 have a feeling but not certain Trends in Crime 1980 Now Over the past 30 years violent and property crime has decreased Criminal Violent Property Civil Age younger people are more likely to engage in crimes 16 24 are most Variable Trends Changed in Population crime prone Race Hispanic black Gender vast majority are males Poverty Education Unemployment Ice cream when ice cream sales go up murder rates go up summer more opportunity for homicide and murder crimes to occur Drug Crime Crack cocaine linked to violent crime increase in 1980s Victimization Trends Most likely black teenagers Least Likely elderly white women Intra racial within own race 2 3 victims are same race as attacker most crimes are intra racial Familiarity stranger vs acquaintance most likely to know perpetrator Questions 1 what are the two primary criminal justice data collections Uniform crime reports tells us how much crime has occurred and NCVS dark figure crimes that aren t reported to police 2 What is the case of Terry vs Ohio Reasonable suspicion stopped searched and found weapons 3 What are the rates of incarceration by race Minorities are much more likely of incarceration 4 Which country has the highest rate of incarceration in the world 5 Have drug possession arrests increased or decreased over the The US past 20 years Increased 6 Has the rate of property crime increased or decreased over the past 20 years Decreased past 20 years Decreased 7 Has the rate of violent crime increased or decreased over the 8 What is a crime hot spot Crime is very highly concentrated in these areas 9 Are ice cream sales correlated with homicide rates More people out warmer
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