CJ 110 Study Guide - Final Guide: George W. Wickersham, Jury Trial, Preliminary Hearing
13 May 2018
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Chapter 1
➢ Criminal Justice vs. Criminology
o CJ= studies of decision-making processes and operations
o Criminology= studies of crime
➢ George Wickersham & the “Wickersham Report” = CJ system barely even a
system; racism, inequality, corruptness
➢ The President’s Commission on Law Enforcement and Administration
o Report = “The Challenge of Crime in a Free Society”: defined the tasks of
CJ system
➢ View of CJ System – Production Process Model vs. The Wedding Cake Model
o Production Process= comparable to manufacturing process (conveyor belt)
o Wedding Cake= different cases treated differently; celebrated ,
misdemeanor
➢ Goals of CJ System = justice & crime prevention
➢ Stages of CJ Process – 5 phases
o Entry into system
▪ Role of victims= perceive, define, report; ‘principal gatekeepers’
of CJ system
▪ Reasonable suspicion= belief that someone is up to no good;
‘stop/frisk’
▪ Probable cause= minimum requirement for arrest/warrant; facts
that would lead ‘reasonable’ person to believe something illegal is
being done
o Prosecution & pretrial services
▪ Preliminary arraignment= within 24 hrs, judge present with
arresting officer, bail decision, prelim. hearing set (within 10 days)
▪ Preliminary hearing= preview of trial; essentially another
‘probable cause hearing’ – no jury but prosecutor instead of officer
• Is there enough evidence to “bind defendant over’?
▪ Decision to indict – information vs. indictment
• Information= formal list of offenses (charging document
for trial) prepared by prosecuting attorney
• Indictment= prepared by grand jury
▪ Plea bargaining= always want ‘voluntary guilty plea’ – can happen
up until verdict is in – if no plea is agreed to trial is set
o Adjudication
▪ Formal arraignment= pleas: guilty, not guilty, NGRI, no contest
(same punishment as guilty but leaves room for appeal)
▪ Bench vs. jury trial
• Bench= Judge only
• Jury= Jury with 12 citizens
• (if worried about tainted jury or defense and your case is
strictly legal with no emotion, choose bench)
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2
o Sentencing
▪ Presentence investigation report= info about offender and nature of
offense; prepared by probation/parole officer
o Corrections
▪ Community decisions (e.g., probation)
▪ Institutional decisions
• Release → Parole
➢ Attrition/mortality rate= rate at which #’s decrease in course of CJ process b/c
offenders diverted out of system
➢ Treatment of juveniles
o Case of Gerald Francis Gault (1967) = juveniles to be accorded same
constitutional rights available to adults
▪ Unintended consequence= began treating juveniles more like
adults within system
o Roper v. Simmons (2005) = based on 8th amendment; protection against
cruel and unusual punishment
Chapter 2
➢ Criminal homicide= unjustified/unexcused murder
➢ Murder –
o 1st degree=
▪ Intent to kill
▪ With malice (knew what he/she was doing)
▪ Premeditation/deliberation
o 2nd degree=
▪ Intent to kill
▪ With malice
o Felony=
▪ Requires no intent to kill
▪ While committing a felony (i.e. rape, robbery, etc.)
▪ (Felony action caused chain of events that wouldn’t have happened
without initial act)
o Serial murder vs. mass murder
▪ Serial= killing of several victims over period of time by same
person(s)
▪ Mass= killing of several people in one act, by one person or group
of people
o Gang murder= likely to be ‘intra-ethnic’, likely to not know victims
o Manslaughter – voluntary & involuntary
▪ Voluntary= intended to kill (no malice or premeditation) “heat of
passion” homicide
▪ Involuntary= recklessness (i.e. taking a conscious risk; texting and
driving)
o Negligent homicide= negligence → more about not doing what you’re
supposed to (i.e. not feeding kids)
➢ Assault= attack on another with ability to inflict injury
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3
o Simple= inflicts little or no physical harm
o Aggravated= inflicts serious harm; substantial long-term injuries (if
deadly weapon is used–automatically agg. assault)
➢ Rape
o Rape shield laws= prevent victims from having to disclose prior sexual
history
➢ Robbery= taking of property by force/violence or threat of violence
➢ Larceny= theft; trespassing; taking/carrying away of personal property with intent
to keep permanently
➢ Motor vehicle theft= most stolen in summer for ‘joy rides’; drag-racing, chop
shops, carjacking
➢ Burglary= breaking/entering of dwelling of another person with intention to
commit felony or larceny inside
➢ Arson= malicious burning of dwelling of another; or even personal property
➢ Transnational crimes= criminal activities extending into/violating laws of several
countries
➢ UCR= Uniform Crime Reports
o Who collects? – FBI
o Crimes known to police
o Index crime
▪ Crimes against person= homicide, rape, robbery, agg assault
▪ Crimes against property= burglary, larceny, MVC theft, arson
o Limitations= only reveals crimes ‘known/reported’, summary based,
hierarchy rule
➢ NCVS= National Crime Victimization Survey
o Who collects? – Bureau of the Census and Bureau of Justice Statistics
o “Dark figure of crime”
o Types of offenses= rape, sexual assault, robbery, assault, theft, household
burglary, MVC theft
o Limitations= ‘proxy interviews’: parents answer for their children, ‘recall
error’: cannot remember some incidents, ‘telescoping’: may not accurately
recall when an incident occurred; bring past events forward in time
➢ Crime rates (how to calculate, etc.)
Chapter 4
➢ 7 basic requirements of a crime – Jerome Hall
o Legality= is there a law that makes it criminal; no crime without law
making it illegal
o Conduct (Act)= rational voluntary action; conscious interaction between
mind and body
o Harm= crime is not constituted/complete until harm is committed
o Causation= bringing about the harm – requires the actor to achieve the
result; prosecutor trying to draw ‘straight line’ between you and crime
o Mens Rea (Guilty Mind)= criminal intent – more than just intent but
aware they have no right to be doing it
o Concurrence= must be accompanied by guilty mind; concur with mens rea
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Document Summary
Criminal justice vs. criminology: cj= studies of decision-making processes and operations, criminology= studies of crime. George wickersham & the wickersham report = cj system barely even a system; racism, inequality, corruptness. The president"s commission on law enforcement and administration: report = the challenge of crime in a free society : defined the tasks of. View of cj system production process model vs. The wedding cake model: production process= comparable to manufacturing process (conveyor belt, wedding cake= different cases treated differently; celebrated , misdemeanor . Goals of cj system = justice & crime prevention. Stages of cj process 5 phases: entry into system, role of victims= perceive, define, report; principal gatekeepers" of cj system, reasonable suspicion= belief that someone is up to no good; Probable cause hearing" no jury but prosecutor instead of officer. Is there enough evidence to bind defendant over": decision to indict information vs. indictment. Information= formal list of offenses (charging document for trial) prepared by prosecuting attorney.
