chapter 1 Flashcards
What is the criminal justice system?
Stages of someone would pass through if they went through a crime Three subsystems- police, courts, corrections
What is crime?
A violation of criminal law for which there is no legally acceptable justification or excuse
Is crime a recent development?
Crime has evolved with the nation
Hoover commissioned it
in 1931
Wickersham Commission
Role of Law enforcement/Police
Maintain civil order
Sense of community safety
Showing up on an emergency call
Presence to maintain events
Mediator (calm things down)
Help with mental health crisis
Role of the court system
settle disputes, seek and obtain justice and to adjudicate and sentence
adversarial system
The prosecution and defense are opponents
prosecuter
represents the state,Screens cases, power to charge or not charge someone
Defense Attorney
represents the accused
role of correctional system
treat,rehabilitate and incapacite criminal offenders
3 branches of government
legislative, judicial, executive
law makers court system president enforces the laws
correctional population
5.5 million
misdemeanors
less serious crime
Felonies
more serious crime
nolle prosequi
decision to charge or not, not enough evidence, someone died
preliminary hearing/grand jury
present what they have, decide if there is probable cause
Arraignment
first time the defendant appears in court, 48 hours to be seen
6th amendment
right to get a jury
plea bargaining
try to get lesser sentence
Discretion
the use of personal decision making and choice
crime control perspective
prevent crime through use of sanctions, punishment is harsh, focus of justice for the victim
deterrence
the action of discouraging an action or event through instilling doubt or fear of the consequences.
due process perspective
emphasizes individual rights and constitutional safeguards, no innocent person charged, no constituional rights are violated
exclusionary rule
no warrant or cause when evidence is found cannot be used
