1. What makes criminal law distinct?
2. Explanatory frameworks/models of CJ
3. In class test #1 Nov. 7
Civil Vs. Criminal Law
Refer to chart on PowerPoint
Crime funnel chart –suggest that cases are lost as they move through the system
Funnel: Sites of Loss (consensus method)
Police discretion—enormous amount of discretion in determining who will be brought
to the funnel and on what terms. Racial profiling.
Prosecutorial discretion—not only diverts some cases out of the system, but the
possibility of dropping cases entirely. If cases do go to trial, its possible the person wont
Parole—criminals should end up here
• Both crime control and due process model are consensus models. In the due
process model, the presumption of innocence is taken into account through every
stage of the funnel.
Function of CJS is to protect society
CJS marked by “loss” Reform aimed at reducing loss
More police, tighter bail, mandatory sent