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| Recognizes that outside forces shape how the system operates. |
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| Objective when dealing with criminal offenders |
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Inclusive measure of violent and property crimes. Part 1 offences of the UCR.
Tool for state/state and historcial comparison
Crimerate = # crimes/population
less than ideal comparison |
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Describes criminal justice system.
A funnel by which there are more people goin in the system than when compared to those who actually get convicted.
prevents overburden of system
However, less serious offenders are not incarcerated. |
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| crime not reported to the police and that remains unknown or measured. |
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| Bureau of Justice - Survey of US housholds to determine extendt of criminal victimizations. |
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National Incident based reporting system
data on every single crime occurrence
will soon supersede traditional data of UCR |
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| FBI publication - Incidence & rate of reported crimes in the US |
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Assumptions that are almost religious beliefs without impirical evidence
idealized worlds of hope and fear |
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| Evidence - Based crime policy |
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Scientific method -
Defines standards - empirical evidence of the effectiveness of the policy
experimental research design
replication/use of systematic review of studies
helps to defuse crime control theology |
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Same rules and regs applyt to all cases.
Equal in all circumstances
Asserts due process as primary concern
Suggest that if not used due process isn't given |
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Discretionary power regardless of legal constraints
peopletreated differently for similaroffenses
maycomprise issues of due process |
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Top level - celebrated - distorted.
Second level - serious - prior record
Third level - Less serious felonies
bottom level - Misdemeanors - not considered real threat. |
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| defines crimes and specifies punishments |
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Supremacy of law
Belief that an orderly society must be governed by codes in a uniform and fair manner. No one is above the law. |
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Literally - Guilty mind
The state of mind
pruposeful, knowing, reckless, negligent |
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Literally - Guilty Act -
The act in violation of law
some comspirarcy
Guilty act
ommission to act
threatning to act
attempting a criminal activity |
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| Assumes justice system compent's primary function is to serve their own interest |
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| Body of rules that determines the proceedings by which legal rights are enforced. It regulates the gathering of evidence and the processing of offenders by the criminal justice systems. |
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| Methods to be used to enforce substantive law |
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| Assumes justice system components work together hrmoniously to achieve justice |
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focuses on rehab or deterence (eg. drug therapy)
intended to decrease criminal activity and restore social order |
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| regulating the production of or possession of ojgect such as guns.Intent is to reduce need to produce in turn reduces likelihood people will have |
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| A perspective that emphasizes the efficient arrest and conviction of criminal offenders. |
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Criminal law itself
low of criminal procedure
acctivites having to do with private rights and remedies sought by civil actions. |
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reulating movement of people. e.g airport secruity .
intent - provide security, reduce the ability of would be criminals to interact in certain places |
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Ideal that:
embraces all aspects of civilized life.
fundamental fairness
cultural beliefs of right and wrong |
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5th, 6th and 14th amendments of us constitution.
due course of legal proceedings
protection of individual rights
Creating and defining offense |
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1- investigation/arrest
2 Booking (admin, reason for arrest defined.
3 First appearance (charges, rights, bail)
4 Preliminary hearing (Enough evidence
3. First appearance (charges, rights, bail)
4. Preliminary hearing (Enough evidence?
jurisdiction? guilt?)
5. Information/Indictment - Written accusation, grand jury indicment.
6. Arraignment - first court apperance
7. Adjudication
8. Sentencing
9. Corrections
10. Probation/Parole. |
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| An indictment is a formal written accusation submitted to the court by a grand jury alleging that a specified peron has committed a specific crime. |
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| The federal bureau of investigtaion complies the uniform crime report (UCR) |
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| At which state in the criminal justice process does the defendant enter a plea? |
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| Once purpose of _______________ is to provide an opportunity for bail |
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| The first appearance before the judge |
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| Which of the following data sources asks respondents to reveal an illegal activity in which they have been involved? |
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| Identified 3 major shifts in crime rates hisotircally - 1940's when young men entered military, 1960's Increased crime with the swelling of the proportion of the american population in the crime-prone range and 1990 with a significant decrease in crime. |
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| Has change way criminologists think about crime. New understanding of all types of crime and true scope of crime. |
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| Is crime policy worthless? |
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Many polices are indeed ineffective or harmful
a)drug abuse resistanced eduaction program.
b) some cause harm - Cambridge-Sommervilele Youth Study
We need to understand systemic drivers of crime
a) The role of ethnicity and income
b) Impact of the War on crime (huge increase in those in jail)
Evidence based crime policy is goof first step
a) evidence based policy making
b) crime control ideas rest on faith rather than facts
c) Importance of communicaty orientation and interdependency of crime policy.
Lastly - expense |
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| Identify and describe the criminal justice system |
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| compare/contrast various national crime-data gathering methods |
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| Expound upon relationship of criminal justice to social justice |
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Centers on the belief that an orderly society must be gove3rned by established principles and known codes that are applied uniformly and fairly to all of its members.
The law is designed to preserve social order and applies to all residents tof the state or territory. |
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| Purpose of law in Western deomocratic societies |
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| A society needs laws to uphold fairness and to prevent the victimization of innocents. SEE LIST IN BOOK |
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| Eight general features of crime |
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Definition
Actus reus
mens rea
concurrence
causation
harm legality puishment
necesssary attendant circumstances |
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| Four broad categories of criminal defenses that our legal system recognizes |
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| Why does schmallegar suggest that the criminal justice system be understood as crime control through due process. |
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| What does the paradox of the criminal justice system being both too lenient and too severe? How does this relate to concepts of informal and formal justice? |
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| Is the criminal justice system an open or closed system. aregu both sides. |
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| How do the three main points about the nature of law applye to What Do Lasws Do? |
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| What are the advantages and disadvantages of implementing laws that attempt to regulate guns and drugs. What are some of the unintended consequences of implementing such laws? |
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| Determining competency to stand trial |
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can the person understand the charges against him oor her?
Can the person assist an attorney in his or her own defense? |
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| Civial law provides a formal means for regulating noncriminal relationships among people, businesses, and toher agencies of government - true or false |
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Which of the following refers to a traditional body of unwrittenlegal precedents created from everyday social customes, rules and practices?
1)law of the land
2) common law
3)case law
4) statutory law |
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| The part of the law that specifies the methods to be used for enforcing substantive criminal law is: |
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Which of the following is not an element of a crime?
actus reus
mens rea
the concurrence of act of intent
Motive |
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In the Andrea Yates murder trial, the jury had to decide if she know that murdering her children was wrong, in order to consider :
her insanity defense
her mental competence
her alibi
the necessity of the murders |
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| Advantage - victim is hard and athey oversee punishment. Unintended - emotionalism., vengeance |
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| Victim Re-Contact Program |
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| Advantage - victim does not feel alienated. Unintended frightened. |
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| Advantage - advance notice of pre-trial relase hearing. Uninteded - false sense of security. |
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| Advantages & disadvantages of gun an drug laws. |
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