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CRJU 101: Study Guide
Criminal Justice System
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System set up to maintain law and order
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Jurisprudence
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philosophy of the law
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Uniform Crime Report
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annual report of crime statistics
voluntarily reported by local law enforcement
More data reported for major offenses
fails to factor in unreported crimes
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National Crime Victimization Survey
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top data on victims in crime
info is for victims from victims
victim may not report to police, but will still report to survey
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Plea Bargaining
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Very few trials sent to court
Usually already planning on pleading guilty, so goal is reduced sentence
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Preliminary Hearing
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Decision made on whether there is enough evidence to go to trial (if not, case is dismissed)
Used in about half the states
Designed to protect from defendant from hasty and malicious prosecutors
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Trial
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Jury or Bench
Jury: jury decides if guilty or innocent and judge decides sentence (6 for magistrate, 12 for General Sessions)
Bench: innocence and sentenced decided by judge
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Bail
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8th amendment protects from excessive bail
Can be denied (ex. multiple priors, murder)
discriminates against poor
Different methods of bail
Cash bond
PR or ROR - dont have to post cash, based on your word
bail bondsman - usually requires 10% of bond to be paid
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Probation
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suspended sentence (instead of prison)
assigned probation agent = glorified babysitter
Fed probation agent must have Bachelor's
Judge decides if probation to be granted
Huge advantage = your out and can work
Can be revoked and sent to prison to finish sentence
Requirements
Must have permanent address
Must have secured job
No alcohol/ drug use
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Pardon
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release from government consequences of conviction
Alternative name = Clemency
If you lost right to vote or have a driver's license, those rights returned
Who can grant?
Governor - for state charges
President - for federal charges
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Parole
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getting out of jail early
Parole board has absolute discretion
Must show
Some evidence of rehabilitation (good time credits)
Have specific place to live
Have to have job in place
If restitution is required, show attempts at satisfying this
Conditions once out, must:
Meet with PO
Keep a job
Let law know exactly where you are
No alcohol or drugs
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Abandonment
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Voluntary relinquishment of all rights, titles, possessions, and claim without intention of reclaiming it
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Impossibility
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Intend to carry out actions to commit a crime, but turns out law does not prohibit what you did
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3 types of inchoate crimes
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Solicitation
Attempt - try to commit a crime, but don't finish
Conspiracy
2+ people agree to do unlawful act
2+ people agree to do lawful act in unlawful way
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Shock Incarceration
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aka boot camp
designed for young, first time offenders to shock the criminal ways out of them
Usually 3o to 90 days
Strictly regimented
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Parens Patriae
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the state as the parent
state is in charge of protection of all citizens who cannot protect themselves (usually minors)
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Restitution
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Repayment - usually as cash or service by offender for victim's benefit
frequently ordered with property crimes
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Impact Statement
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Statement given by the victim of the crime during sentencing to express how he/she has been offended by the crime
Can have large impact on judge's decision
Can even come to defense of defendant
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Insanity
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Legal term, not medical
Insanity refers to mental state at time of crime, not trial
Can be found "not guilty by reason of insanity", but very rare
Insane person lacks mens rea
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Work Release
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You live in prison, but are allowed to leave for work
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Goal(s) of Punishment (4)
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Retribution
Deterrence
Incapacitation
Rehabilitation
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Deterrents
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Specific - punishment given to discourage you, personally, from committing crime again
General - punishment given to an individual, thats intended to be an example for the general public in hopes that it will deter most from committing that certain crime
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Retribution
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payback
the worse the crime, the higher the sentence
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Incapacitation
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Incapacitate offenders ability to commit more crimes (usually by detaining them in prison)
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Transportation
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Drug charges always lead to loss of drivers license
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Hung Jury
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Jury becomes deadlocked and cannot reach a verdict
Trial is over
Prosecutor must decide whether to retry case in front of new jury
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Verdict
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Guilty or not guilty
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Due Process
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Focused on protecting innocent's rights
protects rights of accused from power of the government
assumes innocent until proven guilty
Laws may be void if it violates this
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Suppressing Evidence
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Defendant/ Prosecutors knows of evidence they do not want shown to jury (it might bias the jury's opinion on issues that don't have to do with the case)
Can file motion with judge to have evidence concealed from jury
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Certiorari
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Document from US Supreme Court, saying they will hear a case
Sends down to lower court and instructs them to send up all information involving the case
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Plain View
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Law enforcement must be in place they have right to be at
Illegal item in plain view (immediately apparent that it is part of a crime)
Illegal item can be taken as evidence immediately without search warrant if in plain view
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Internal Affairs
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designed to keep officers in line and following the rules
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Police Discretion
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Ability of law enforcement to know what choices to make in often unclear circumstances involving how and when to apply the law
Five major factors
Nature of the Crime
Relationship between alleged criminal and victim
Relationship between police and alleged criminal/victim
Race/ethnicity, age, gender, class
Department policy
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Assault
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Unlawful threat to do bodily harm
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Battery
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Unlawful touching
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Challenges
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For Cause - Remove prospective juror from pool as they showed signs of having bias regarding the case in preliminary screenings (unlimited)
Preemptory Challenge - no reason needed to remove juror (limited)
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Prison
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Federal - go for committing federal offense (most common are drug charges)
State - go for committing state offense (91 days or more in SC, 1 year 1 day for most other states)
Classify prisoners into different areas based on security and medical needs and gang affiliation
Private Prisons - run more efficiently and for less cost to state, but at expense of cutting many services
~87% males ~13% females
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Victimization
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Based on:
Gender - women have highest chance of being raped, but men have highest chance of being victim otherwise
Marital Status - singles are more likely
Age - younger you are, more likely to be victim or victimizer
Time - late at night
Location - urban areas have higher chance
lifestyle
victims who share similar traits to victimizer
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Capital Punishment
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Most common form of punishment in 1600s
Can not subject minor to capital punishment
SC only allows electric chair and lethal injection
38 states use lethal injection
138 people released from death row due to DNA
4 people pardoned posthumously
3000 suspects exonerated by DNA
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Double Jeopardy
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5th amendment protects you from being tried for the same crime in the same jurisdiction more than once
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Miranda Rights
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Rights designed to protect citizens, when citizen is in custody and being interrogated
Law enforcement may attempt to deceive you to gain confession = illegal
Designed to protect against self incrimination
Officer must read to anyone being arrested or the charges are dropped
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Juvenile Justice
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Status Offender - crimes that only apply to children (running away, skipping school)
Delinquents - crimes that apply to adults and minors (shoplifting)
Steps
Served a petition
Intake - intake officer has huge power (can make case totally go away or suggest diversion program)
Adjudication hearing - not a trial, no jury, decides if minor is innocent, status offender or delinquent
Disposition hearing - what sort of punishment for status offenders and delinquents (can be virtually anything)
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Substantive vs. Procedural Law
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Substantive - do's and dont's of the law (don't rape, kill, steal, not pay taxes, etc...)
Procedural - what procedures you will go through once accused of a crime
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Stare Decisis
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Precedent
What was the law yesterday, is the law today unless we make big deal to change it
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Elements of a crime
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Actus Reas
Mens Rea
If crime requires result, action must have directly caused result
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Actus Reas
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Criminal/ Guilty Act
Crimes of:
Omission - legal duty to act, but did not do so
Commission - you actually did it
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Mens Rea
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Had the criminal mindset
Concurrence - bad act and illegal act committed at same time
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Mala En Se v. Malum Prohibitum
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Mala En Se - evil crimes (murder, rape)
Malum Prohibitum - crime because we say so (stop signs)
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Percent of female law enforcement
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~13%
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Different Styles of Policing
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Zero-Tolerance - strict enforcement (makes community follow law, but dislike cops)
Community - officers assigned to specific neighborhood (creates relationship between officer and neighbors)
Broken-Window - encourages repair of run down buildings (less run down buildings= less vagrants/ crime)
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Number of Americans addicted to illegal drugs
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7 million
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