Chapter 1: What is Criminal Justice? Flashcards
Definition of a crime
An act prohibited or an omission required by law
Crime in America: Some History
Religion was a critical part of colonial life with the church being the moral compass of the community. Crime and sin were seen as one in the same with some crimes described in biblical terms such as profanity, blasphemy and violations of the Sabbath.
More Laws
More violators
Civil Justice
Deals with relationships between citizens, government agencies and private business concerns with issues relating to contracts, hiring, equality of treatment, divorce, child custody, personal injury, etc.
Criminal Justice
Justice that is concerned with violations of the criminal law.
Rights Protected by the First Ten Amendments
Amendment 1 - Right to freedoms of religion and speech; right to assemble and to petition the government for redress of grievances
Amendment 2 - Right to keep and bear arms to maintain a well-regulated militia
Amendment 3 - Right not to house soldiers during time of war
Amendment 4 - Right to be secure from unreasonable search and seizure
Amendment 5 - Rights in criminal cases, including due process and indictment by grand jury for capital crimes, as well as the right not to testify against oneself
Amendment 6 - Right to a speedy trial by an impartial jury
Amendment 7 - Right to a jury trial in civil cases
Amendment 8 - Right not to face excessive bail or fines, or cruel and unusual punishment
Amendment 9 - Rights retained by the people, even if they are not specifically enumerated by the Constitution
Amendment 10 - States’ rights to powers not specifically delegated to the federal government
First/Initial Contact
So let’s get started with the first destination on our route which is getting on board at the first station, this is referred to as First/Initial Contact. It is here, in order for the criminal justice process to begin, where criminal or possible criminal matters are brought to the attention of law enforcement personnel. At this point, when an issue arises, we need to understand how criminal matters come to the attention of the police.
4th Amendment
Search & Seizure. If anyone who is related or who knows someone in law enforcement should happen to ask them what the 4th Amendment is about they probably will say only two words… Search & Seizure.
Writ of assistance
Part of the idea in the construction of the 4th Amendment goes back to England when British soldiers could enter anyone’s home using a document called a “writ of assistance”. This document was basically a search warrant that gave British soldiers the authority to search anyone’s home for contraband with no reason and no notice being required.
There are two ways to search
With a warrant or without a warrant (both require probable cause).
Probable Cause
Facts and Circumstances that would lead a reasonable person to believe a crime has been or is about to be committed.
The constitutional standard to search and to arrest
Arrest
The action of seizing someone by legal authority and taking them into custody
There are two ways to arrest
with a warrant or without a warrant (both require probable cause)
Once someone is arrested there are some options:
- Take them into custody
A. Release them from custody
B. They get bailed out (we’ll talk about that later)
C. Detained until their first court appearance
- Released at the scene
Charging decision
Along with the action of arrest is the charging decision. To arrest someone at least one charge/violation is required but there could be more than one charge so at some point a decision needs to be made as to which violations will apply. Another consideration is that just because someone is placed under arrest does not mean it’s all over, the flow of information does not necessarily stop. More information could be in the process of development that could lead to more charges.
