CRI 100 Study Guide - Fall 2018, Comprehensive Midterm Notes - United States Constitution, Terrorism, Supreme Court Of The United States
CRI 100
MIDTERM EXAM
STUDY GUIDE
Fall 2018
What is criminal justice?
Make, interpret, and enforce the law.
Crime
Crime: conduct in violation of criminal law for which there is no legally acceptable
justification or excuse
• Deviant behavior falls outside the norm of society
• Crime is amorphous and constantly changing, its influenced by social conditions
Social norms around actions/conduct change, on a national level this changed with
homosexuality and is changing with marijuana.
Evolving standards of decency
• Ex. many states dont use the noose, a firing squad
• Process of Adjudication: time of arrest, processing, to time of punishment
System of criminal justice is meant to balance personal freedoms and public safety
Prisons are an industry
• Closing prisons takes away a large amount of jobs
• Corporate interest is tied up in the prisons
1850-88: Civil War, immigration problems from Asia, social upheaval and theres a mass
breakdown
1920-33: Prohibition created a market for mass organized crime, gangs in New York and
bootleggers smuggling in and distributing alcohol
1960/70/80s: Civil rights movement era
2000s: Focus on terrorism, TSA
Individual Rights vs. Public Order
Explicit and implicit rights both enumerated and else
This conflict is the predominant theme of CJS (law, policing, corrections)
• Should we sacrifice safety for rights?
60/70s: Defendants have right to an attorney
80s: Increased focus on rights of victims
• Interconnected with politics
Since the 8s, weve blown up the size, budget, reach and power of the criminal justice
system. Federal funding got states to buy into the prison system.
Justice
Justice: principle of fairness or moral equity
• Ideas of justice vary from person to person, country to country, culture to culture,
religion to religion
Social justice: ideal that embraces all aspects of society and is linked to notions of fairness
and cultural beliefs about right and wrong
• Deals more with relationships
• Right and wrong is determined at the group level
Civil justice: embodies civil law and procedure and private rights and remedies sought by
civil actions
• Deals with private wrongs
find more resources at oneclass.com
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Criminal Justice: aspects of social justice that concern violations of criminal law and
procedure
• Encompasses numerous institutions
• Tries to balance individual rights and social order
Administration of Justice: performance of any duties relating to criminal justice
• Can result in social imbalances and social isolation due to public criticism
• Inequality of outcome, two people commit the same crime and get differing
sentences.. Why?
American CJS
Outcome is a social product
CJS: aggregate of all operating and administrative support agencies that perform criminal
justice functions
Consensus Model: assumes that systems components work together well to achieve social
product of justice
• Criticism is that this is an oversimplification
Conflict Model: assumes that systems components function to serve their own interests
• Justice is a product of conflicts between components rather than cooperation
• Demonstrated by specialization
• Clearly, all the parts of the system must work together to serve justice
To understand why a system is the way it is, you must understand its history, how it
evolved and changed, what historical events and social differences it was responding to.
The Process
1. Investigation
a. Gathering evidence, efforts to identify suspects
2. Warrant
. Issued by a judge allowing officer to perform a specified act
3. Arrest
. Advised of Miranda rights before questioning
4. Booking
. Law enforcement or correctional process that officially records an entry into
detention after arrest
5. First Appearance/Preliminary Hearing
. Judges explains charged, advises them of rights
a. If indigent (cannot afford attorney), court appoints a lawyer for defendant
6. Bail
. Money/property pledged to court to effect release of a person from legal custody
(not always used), this is used to ensure that people will show up for trial
7. Preliminary Hearing
. Judge decides (probable cause) whether a crime was committed, whether crime
occurred within jurisdiction of the court, whether there are reasonable grounds to believe
defendants committed crime
8. Information
. Formal written accusation filed by prosecutor, that alleges that the defendants have
committed specified offenses
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Crime: conduct in violation of criminal law for which there is no legally acceptable justification or excuse: deviant behavior falls outside the norm of society, process of adjudication: time of arrest, processing, to time of punishment. 1850-(cid:883)88(cid:882): civil war, immigration problems from asia, social upheaval and there(cid:495)s a mass. System of criminal justice is meant to balance personal freedoms and public safety. 1920-33: prohibition created a market for mass organized crime, gangs in new york and bootleggers smuggling in and distributing alcohol. 2000s: focus on terrorism, tsa: closing prisons takes away a large amount of jobs, corporate interest is tied up in the prisons. Explicit and implicit rights both enumerated and else. Since the 8(cid:882)s, we(cid:495)ve blown up the size, budget, reach and power of the criminal justice system. Federal funding got states to buy into the prison system. Ideas of justice vary from person to person, country to country, culture to culture, religion to religion.
