CJ 110 Study Guide - Fall 2018, Comprehensive Midterm Notes - United States Constitution, Uniform Crime Reports, Supreme Court Of The United States
12 Oct 2018
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CJ 110
MIDTERM EXAM
STUDY GUIDE
Fall 2018
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)
o Sentencing
▪ Presentence investigation report= info about offender and nature of
offense; prepared by probation/parole officer
find more resources at oneclass.com
find more resources at oneclass.com
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
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
find more resources at oneclass.com
find more resources at oneclass.com
