Chapter 1 The Criminal Justice System 29 01 2014 12 15 00 Crimes Mala en se murder wrong Mala prohibita drinking under age wrong because we say it s wrong Goals Doing Justice o Retributive Justice Eye for an eye o Procedural Justice Concerned with making and implementing decisions according to fair processes Plead guilty for something you don t do just to avoid jail o Distributive Justice Ability to access all rights for the justice system Council for those who can t afford it Knowing a police officer and getting off from a ticket Appearances tattoos can change how people view you followed around a store o Restorative Justice Focuses on victimology and implementing a different type of justice Brings into account responsibility of community and restoring the community and the victim Going to prison and never seeing your computer again or getting money from your computer and the offender probation Controlling Crime and Preventing Crime How o Retribution Eye for an eye o Rehabilitation People are not permanently criminal and it s possible to restore a criminal to a useful life o Incapacitation crime o Deterrence Prime method of attempting to prevent and control Huge incarceration rates to keep people off the streets Punishment is made certain swift and severe Specific General Focused on punishing the individual Making an example and generally deterring More public to make an example out of to keep everyone else from doing the same everyone thing Structure Federalism Two Justice Systems o Central National o Regional State Coordination Usurpation Characteristics Discretion o Criminal justice actors using their judgment on how to charge or not o Adding or dropping charges o Creates issues with distributive justice Resource Dependence o Meeting a quota or needing to meet a certain amount of arrests tickets etc o Criminalizing more people in this country than any other country Sequential Tasks o System is very predictable Filtering o 90 Plea Bargain Do not go to trial Charge Bargain When a prosecutor drops a charge in exchange for pleading guilty for another charge Sentence Bargain Still being charged but if pleading guilty offers a lenient sentence Decision Making Process pg 19 20 Begins with investigation Not officially charged with a crime until indictment Only 10 actually go through a trial System Models Models o Crime Control vs Due Process Crime control Focus on effectively measure and address crime very quickly for the greater good adjudicate this cases as fast as possible Due process Protect individual rights situational and protecting the innocent takes into account mitigating circumstances o Retribution vs Rehabilitation Retribution Get what they deserve eye for an eye Rehabilitation Help them become productive members of society o Wedding Cake I Celebrated Cases celebrities ex Casey Anthony II Serious Felonies murders serial rapists III Less Serious Felonies non violent IV Misdemeanors POSSIBLE MIDTERM QUESTIONS What are the three goals of the criminal justice system What types of crimes are mala en se What types of crimes are mala prohibita What are the four forms of justice How does the criminal justice address control crime What are the two types of deterrence What is deterrence What is the wedding cake model What percentage of cases is plea bargained What are characteristics of the crime control vs due process models What does federalism mean What are the four characteristics of the criminal justice system 29 01 2014 12 15 00 29 01 2014 12 15 00
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