CCJS100 Exam 1 Study Guide Chapter 1 Mala in se vs mala prohibita Gambling prostitution Based on location Marijuana law changes Goals of CJ system o Mala in se a set of crimes that are inherently wrong rape murder o Mala prohibita crimes that are wrong because the law says its wrong o Doing justice the pursuit of fairness and equity as offenders are held fully accountable for their actions the rights of person who have contact with the system are protected like offenses are treated alike and officials take into account relevant differences among offenders and offenses o Controlling crime arresting prosecuting convicting and punishing those who disobey the law o Preventing crime Federalism o A system of government in which power is divided between central national government and regional state government The majority of criminal laws are enacted and enforced at the Expansion of Federal Involvement state level o Since the 1960s the federal government expanded its role in dealing with crime o Local authorities have the most authority o Funding increased for specific crime areas o 9 11 led to creation of DHS o Budget problem have led to significant problems in our system Three subsystems of CJ system 1 Police 2 Courts 3 Corrections What is an exchange o The mutual transfer of resources among individual actors each of whom has goals that he or she cannot accomplish alone A balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives Each needs to gain the cooperation and assistance of other individuals by helping them achieve their own goals Allows interpersonal behavior to be seen as the result of the individual decisions about the costs and benefits of different courses of actions Characteristics of CJ system o Ex plea bargain defense attorney and the prosecutor reach an agreement the defendant agrees to plead guilty in exchange for a reduction of charges or for a lighter sentence Result prosecutor gains quick and sure conviction defendant achieves a shorter sentence and attorney can move on to next case o Discretion the authority to make decisions without reference to specific rules or facts using instead one s own judgment allows for individualization and informality in the administration of justice Used at all levels in the system letting you off with a warning is a cop using their discretion judge sentencing you to a lighter probation etc and helps our system function because there would be an overflow in the about of tickets etc o Resource Dependence money and funding comes from outside funding different areas and regions have different resources Actors in the system must cultivate and maintain good relations with those who allocate resources o Sequential Tasks decisions in the criminal justice system are made in a specific sequence Police courts and corrections have to occur in that order o Filtering a screening operation a process by which criminal justice officials screen out some cases while advancing others to the next level of decision making 100 people being arrested doesn t mean 100 people are going to jail What is a dual court system Separate judicial system for each state in addition to a national system The law may be interpreted differently in various states o Federal State o National Regional o Most crimes are defined by state laws a variety of national criminal laws have been enacted by Congress and are enforced by the FBI 13 steps in the decision making process 1 Investigation when police believe that a crime has been committed police 2 Arrest physically taking a person into custody on the grounds that there is reason to believe that he or she has committed a criminal offense pending a court proceeding police 3 Booking suspect is usually transported to a police station record is made of the arrest police 4 Charging prosecuting attorney must consider the facts of the case and decide whether there is reasonable cause to believe that an offense was committed and that the suspect committed the offense prosecution may lead to release 5 Initial appearance suspect must be brought before a judge given formal notice of the charge advised of their rights and possibly post bail prosecution may lead to release 6 Preliminary hearing grand jury allows a judge to decide whether there is probable cause to believe that a crime has been committed and that the accused person committed it Case is dismissed if the judge does not find probable cause a If there is enough evidence the accused is bound over for arraignment on an information document charging a person with a specific crime b Prosecutor appears before a grand jury decides whether there is enough evidence to file an indictment true bill charging an individual with a specific crime on the basis of a determination of probable cause as presented by a prosecuting attorney 7 Indictment information prosecutor prepares the formal charging document and presents it to the court prosecution 8 Arraignment accused person appears in court to hear the indictment or information read by a judge and to ender a plea guilty or not guilty in some states stand mute courts a Guilty judge must decide whether the plea is made voluntarily and whether the person has full knowledge of the consequences No need for trial and the judge imposes a sentence 9 Trial defendants who plead not guilty the right to a trial by an impartial jury is guaranteed by the 6th amendment courts may lead to acquittal 10 Sentencing judges are responsible for imposing sentences Intent is to make the sentence suitable to the offender and the offense within the limits set by the law 11 Appeal defendants who are found guilty may appeal conviction to a higher court An appeal can be based on the claim that the trial court failed to follow the proper procedures or that constitutional rights were violated by the actions of police prosecutors defense attorneys or judges courts 12 Corrections court s sentence is carried out by the correctional subsystem Probation intermediate sanctions such as fines and community service and incarceration are the sanction most often imposed 13 Release may occur when the offender has served the full sentence imposed by the court but most offenders are returned to the community under the supervision of a parole officer 4 levels of wedding cake model o 1 the celebrated case OJ Casey Anthony Trayvon Martin highly unusual receive much public attention jury trial and drag on through many appeals o
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