Criminal Justice P100 Exam 1 Info

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Criminal Justice-Coas
CJUS-P 100
Bill Head

Criminal Justice P100 8/28/2013 11:11:00 AM Issues to Consider  Crime is an ever-changing concept o Ex: alcohol was once illegal (prohibition)  Perception of Crime v. Reality o Ex:Seems that drug problem is a huge problem now but in reality it is less of a problem than 30 years ago  Criminal justice system as last resort o Ex: Bloomington laws: can’t ride bike on sidewalks but nobody ever gets a ticket for it  Reactive nature of criminal justice system o Ex: police aren’t going to get involved unless they are reacting to a call for service.  Crime in the streets(blue collar) v. crime in the suites(white collar) o Police focus almost exclusively on street crime (rape, theft, burglary, etc.) not too often on other crimes (business crimes) Public order v. Individual Freedom  The classic struggle law-makers deal with is how to keep the public order while still insuring freedom for the individual Goals of the Criminal Justice System  Doing justice  Controlling crime  Preventing crime Federalism  A system of government in which power is divided between a central(national) government and regional(state) governments.  Regional government must follow the central government o EX: Colorado isn’t following this: Marijuana law Dual Justice System  State systems handle alleged violations of state law o Murder, robbery, and rape (also a federal crime)  If you cross a state border this is a FEDERAL CRIME  The federal system handles alleged violations of federal law o Tampering with mail/mailboxes Government and Criminal Justice: what are the connections?  Judicial branch: the courts o Administers the process by wich criminal responsibility is determined o Appellate courts interpret laws and review legislative decision making  SUPREME COURT POWERS:  Marbury vs Madison(1803)  Established the power of judicial review  “Midnight judges”  Executive Branch: President, governors, and administrative offices o ADMINISTER/Carries out many acts of government o Holds powers of appointment and pardons o Provides leadership for crime control  Legislative Branch: those units that make substantive and procedural law o CREATE/pass laws o Define criminal behavior o Establishes penalties o Funds crime-control programs Characteristics of the criminal justice system  1. Discretion o how much of the law to enforce  2.Resource Dependence o if resources aren’t there then priorities need to be shifted  ex: not enough money = job cuts  3. Sequential tasks  4. Filtering P100 8/28/2013 11:11:00 AM EXAM:  1 5 chapters  2 packet articles Differing Conceptions of the Criminal Justice System  See Photo in notes Criminal Justice Funnel  Of 1,000 crimes that are committed only 5 juveniles and 18 adults are incarcerated o These numbers are true b/c majority of people don’t call police for most crimes ex: phone is stolen don’t call cops Criminal Justice Wedding Cake:  Layer 1: o Celebrated perpetrators/victims o Type the media loves  Top layer is there for show  Ex: Kasey Anthony o THESE TYPES OF CRIMES IS A VERY RARE OCCURANCE!!!  Layer 2: o Serious felonies by experienced offenders o Violent crimes  Ex: stabbing a clerk to death, the naked gunman in Bloomington o Get full attention of the CJ system o Rare maybe 1 every 6 months o Make the news of local news but not state news  Layer 3: o Less serious offenses which may be felonies o Dealt with less seriously, maybe probation  Ex: car thefts o May be in the paper, but not on the front page. o Won’t be on the news  Layer 4 o Most misdemeanors o Handled in assembly-line fashion o Typical penalty is a small fine o Having to go to court may be the “real” punishment  Ex: underage drinking, speeding Crime Control Model  A model of criminal justice that assumes freedom is so important that every effort must be made to reduce crime so things like efficiency, speed, and Finality are emphasized. The system must have a high capacity to catch, convict, and dispose of offenders o Seen as an assembly line o Risk: skirting past private rights o Examples under crime control:  Flea-bargaining  Wire tapping  Frisking in airports(x-rays)  Swabbing of cheeks when arrested for a crime  Burger Court Due Process Model  A different model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that decisions are fair and reliable, based on law and formal proceedings. o Seen as an obstacle course  Until proven guilty  more procedural o some people may be guilty but may not get punished for it in court  ex: a police man writes the wrong thing, so man gets off on speeding ticket o examples under due process model  right to counsel  random jury selection, must be anonymous answers, start over if it’s a hung juror  Warren Court VIEW CHART IN NOTES  Due process and crime control models P100 8/28/2013 11:11:00 AM Criminal Justice Process 5 major types of crime:  Occupational  Organized  Visible (street crime) o Assault, robbery, etc.  Crimes without victims o Prostitution, drug deals  Political o Terrorism, Consensus v. conflict  Mala in se o Evil in itself—Latin translation o Behavior is inherently wrong  Mala prohibita o Evil that’s forbidden/prohibited—Latin translation o Bad because society says its bad o How to tell its mala prohibita:  Was/ is it legal somewhere in the states or other countries?  Ex: underage drinking, weed, etc. Criminal case processing VIEW IMAGE IN NOTES PG.13 Investigation  Who can do it? o Police arrest vs citizen’s arrest  Citizen’s arrest is legal as long as you believe a felony is being made in your presence and you can use force  Police arrest can arrest if crime was done in presence or not  How long does it continue?  Ongoing- but probably ends with arrest  What is a warrant? o Search and arrest  Whats probable cause? o Hunch o Suspicion o Probable cause  Minimal threshold before you can take someone into custody or search their property  Reasonable belief that :  A crime has occurred and this person committed it o Preponderance of the evidence—civil court o Proof beyond a reasonable doubt—criminal court  Miranda rights? o Only necessary when questioning  Also under custody o “you have the right to remain silent…” Booking  Formal recognition that a person is in custody  Fingerprints, photographs  Miranda rights formally read  Possible interrogation/lineup Charging  Prosecutor( or underlings) makes decision as to what the charge should be First/Initial appearance  Prevents ”fishing expeditions” o Holding u in a cell until you cant take it anymore and tell the truth  Advises defendant of charges  Formal detailing of rights  Chance for bail (if approved by judge) Preliminary hearing  Used in about half of the states  Mini-trial  Not required, can be waived  Gives defense a chance to assess case against defendant  Judge determines if enough evidence is there to take it to an actual court Information/indictment 
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