EXAM 1 STUDY GUIDE What is criminal justice The study of the processes involved in a system of justice The people who perform these tasks The scope and nature of the system The public policy laws and regulations that shape the administration and outcomes of a criminal justice system Criminal justice system Aggregate of all operating administrative or tech support agencies responsible for administering justice The Big Three The core of the criminal justice system Police Courts Corrections Civil justice vs criminal justice What is Justice Truth in action Benjamin Disareli Principle of moral rightness or conformity to the truth American Heritage Dictionary Major concerns of the CJ system Individual Rights due process Public Order crime control Individual rights or the due process model are rights advocated seek to protect personal freedoms within the process of criminal justice Public Order Crime Control Model is prevention of future crimes and the reduction of harm caused by criminal activity Consensus Model agencies that work together to strive toward a common goal with smooth movement of people through the system Conflict Model Agencies and actors within the agency become self serving with lack of a clear system Scales of justice The Scales of Justice stands for truth and fairness The symbol of the Scales of Justice means various things in mythology such as in the Greek and Egyptian myths The Greek believes it represents divine justice Due Process Model the regular administration of the law according to which no citizen may be denied his or her legal rights and all laws must conform to fundamental accepted legal principles as the right of the accused to confront his or her accusers These rights are guaranteed to persons by the Constitution and its amendments The protection of the due process rights guaranteed by the U S Constitution does not extend to state and local criminal justice systems unless the U S Supreme Court incorporates the federal rights defined by the U S Constitution Landmark decisions Occur when the Supreme Court declares a significantly different interpretation of the guaranteed by the U S Constitution Gideon v Wainwright 1963 Roe v Wade 1973 rights Crime Control Model Crime control model refers to a theory of criminal justice which places emphasis on reducing the crime in society through increased police and prosecutorial powers and In contrast the due process model focuses on individual liberties and rights and is concerned with limiting the powers of government Crime control prioritizes the power of the government to protect society with less emphasis on individual liberties Those who take a stance favoring tough approaches to crime and criminals may be characterized as proponents of crime control while those who seek to curb government intrusions and harassment of suspects favor a due process control model Major Events in The Changing of the Criminal Justice System Civil Rights Movement Slave Patrols Brown v Board of Education Civil Rights Act of 65 Vietnam War The Domino Theory violent protests The War on Crime LEAA LEEP Omnibus Crime Record Crime Rates Homeland Security War on terrorism after 9 11 suspension of enemy rights Primary Sources of Due Process Rights State Constitutions Bill of Rights U S Constitution Dual System of Justice the dual justice systems is an American tradition in which there are separate courts that deal with separate degrees of violations of the law State systems handle alleged violations of state law and the federal system handles alleged violations of federal law State Constitutions Usually they are longer than the 8 500 word federal Constitution and are more detailed regarding the day to day relationships between government and the people These constitutions are what outline the different rules between state and federal law Fifth Amendment No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Jury except in cases arising in the land or naval forces or in the Militia when in actual service in time of War or public danger nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation Fourteenth Amendment The 14th Amendment is legislation in the US that was ratified on the 9th of July 1868 The legislation grants citizenship to all persons born or naturalized in the United States It also forbids states from denying any person his life liberty or property without a due process of law It was meant to protect the civil rights of all Americans regardless of their race or gender Presumption of Innocence The central premise of due process rights It is the most important principle of the due process model requiring all accused persons to be treated as innocent until proven guilty in a court of law Checks and Balances within CJ system The checks and balances within the CJ system are established to ensure that neither the individual nor the government is being treated unfairly during any kind of proceedings dealing with the law These balances are built in even in subtle ways the judge balances out the jury and the jury balances out the judge These are meant to also monitor the balance of the crime control and due process Entry into the system what are the steps Entry into the system Probable Cause Warrant Arrest Miranda Rights Booking Arrest to restrict the freedom of a person by taking them into police custody Booking Establishes the identification of an arrested person and formally charges that person with a crime Prosecution and Pretrial Services after the police book and charge the accused with a crime the accused becomes the defendant Indictment A formal accusation that an individual has committed a crime First Appearance The judge will formally notify them of the charges against them will again advise them of their rights and may provide the opportunity for bail Bail or Released on Recognizance Money or property pledged to the court or actually deposited with the court to affect the release of a person from legal custody Preliminary Hearing hearing before a judge in which the prosecution presents evidence to convince the judge that there is probable cause to bring the defendant to trial It also allows the
View Full Document
Unlocking...