Introduction to Criminal Justice Flashcards

(75 cards)

1
Q

Two parts of the criminal justice system?

A

public-order (crime-
control) and individual rights (due
process)

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2
Q

Individual rights (Due Process Model)

A

advocates seek to protect personal freedoms within the
process of criminal justice

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3
Q

Public order (Crime Control Model)

A

prevention of
future crimes and the reduction of harm caused by
criminal activity

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4
Q

Criminal justice is an institution of social control. As a result,
____________________________

A

criminal justice is caught in balancing act between two issues:

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5
Q

Individual Rights vs. Public Order

A

These two perspectives are also divided by the two
models of the criminal justice system.
* Each of these models lends important insight into the
philosophies on which the American Criminal Justice
system is based.

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6
Q

The Big Three: The Core of the CJ System
Criminal Justice System Structure

A
  • Police
  • Corrections
  • Courts
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7
Q

Five Stages in the Criminal Justice Process

A
  1. Entry into the system
  2. Prosecution
    and pretrial
    services
  3. Adjudication
  4. Sentencing
    and
    sanctions
  5. Corrections
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8
Q

Entry into the system

A

This stage includes the detection of crime, which can
involve both the police and the public

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9
Q

What two things happen durring entry into the system:

A
  • arrest, booking
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10
Q

arrest

A

to restrict the freedom of a person taking them
into police custody

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11
Q

booking

A

establishes the identification of an arrested
person and formally charges that person with a crime

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12
Q

Prosecution and pretrial services

A

After the police book and charge the accused with a crime,
the accused becomes the defendant. During this stage, formal charges are filed against the
defendant through a process that protects the rights of
the defendant and decisions are made regarding
release on bail.

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13
Q

Information

A

A formal written accusation submitted to a court by a
prosecutor, alleging that the specified person(s) has
committed (a) specified offense(s)

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14
Q

Indictment

A

A formal written accusation submitted to the court by a
grand jury, alleging that a specific person has committed a
specified offense, usually a felony

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15
Q

Arraignment

A

A hearing before the court having jurisdiction in a criminal
case

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16
Q

What happens in the arraignment?

A
  • Identity of the defendant is established
  • Defendant is informed of the charges against him/her
  • Defendant is informed of his/her rights and requested
    to enter a plea
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17
Q

Adjudication

A

The guilt of the defendant is determined through trial, plea
bargaining, or dismissal of charges.

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18
Q

Trial

A

examination of the issues of fact and law for the
purpose of reaching a judgment of conviction or acquittal

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19
Q

Booking

A

establishes the identification of an arrested
person and formally charges that person with a crime

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20
Q

Sentencing and sanctions

A

The judge sets a punishment guided by the limits
established by law. The defendant and the prosecutor have the right to
appeal the sentence.

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21
Q

Corrections

A

The defendant is now the convicted and is transferred to a
correctional authority to carry out the sanction.
* The convicted is no longer granted the presumption of
innocence, and many due process rights, such as those
related to interrogation and search and seizure, are lost.
* When the convicted person completes his or her
sentence, he or she exits the criminal justice system.

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22
Q

Events that changed the CJ system durring the Civil Rights
Movement

A

Slave patrols
* Brown v.
Board of
Education
* Civil Rights
Act of 1965
* 1972 Equal
Employment
Act
* Montgomery
bus boycott

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23
Q

Events that changed the CJ system durring the Vietnam War

A

he Vietnam
War (1965-
1975)
* The “domino
theory”
* Violent
protests

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24
Q

Events that changed the CJ system durring the War on Crime

A

Record crime
rates during
1960-1970s
* Omnibus
Crime Control
and Safe
Streets Act
* LEAA
* LEEP

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25
Homeland Security
War on terrorism declared after 9/11 attacks * Lead to suspension of rights for enemy combatants
26
Due Process Rights and the U.S. Supreme Court
The protection of the due process rights guaranteed by the U.S. Constitution does not extend to state and local criminal justice systems unless the U.S. Supreme Court incorporates the federal rights defined by the U.S. Constitution.
27
Due Process Rights and the U.S. Supreme Court
To incorporate is to grant rights defined by the U.S. Constitution to the citizens of a state.
28
presumption of innocence.
The central premise of due process rights is the presumption of innocence. It is the most important principle of the due process model, requiring all accused persons to be treated as innocent until proven guilty in a court of law.
29
Criminal justice refers to
The study of the processes involved in a system of justice * The people who perform these tasks * The scope and nature of the system * The public policy, laws, and regulations that shape the administration and outcomes of a criminal justice system
30
Criminology
is the body of knowledge regarding crime as a social phenomenon.
31
Criminal law
Criminal law refers to the study of law leading to the credentials to practice law as a licensed attorney. * A career as an attorney, a prosecutor, or a judge requires completion of a graduate law degree. * Lawyers tend to be professionals who work in the criminal justice system.
32
Why is it important to have a check and balance on gov power?
The power of gov to enforce laws must be balanced in conjunction with the need to preserve individual liberties.
33
Why is US society not characterized by a homogenous belief system?
characterized by great diversity, race, religion, ethnicity, and values
34
How can the balancing of rights and public saftey be achieved?
through formal sanctions found within the CJ system.
35
Informal sanctions
Social norms that are enforced through the social forceds of the fam, school, gov and religion
36
social norms
the expected normative behavior of society
37
formal sanction
Social norms enforced through the laws of the CJ system
38
Order maintenance
Activities of law enforcement that resolve conflicts and assist in the regulation of day to day interactions of citizewns
39
system of social control
A social system designed to maintain order and regulate interactions
40
social norms
The expected normative behavior in a society
41
formal sanctions
Social norms enforced through the laws of the crimal justice system
42
order maintenance
activities of law enforcement that resolve conflicts and assist in the regulation of day to day interactions of citizens
43
systems of social control
A social system designed to maintain order and regulate interactions
44
How do the crime control and due process model differ?
The major difference between the crime control model and the due process model of law enforcement is that crime control works to repress criminal activity, and due process works to protect a person's rights.
45
due process rights
the rights guarenteed to persons by the constitution and it's amendments
46
crime-control (public order) model
Reducing crime through increased gov (police) power and speed of process
47
due process model
Type of justice system in which a defendent cannot be depried of consitutional rights without leagal and procedural safeguards
48
crimial justice system
The enforcement by the police, the courts and correctional institutions of obedience to laws
49
picket fence model
The model of the cj system in which the local, state, and federal crimiinal justice systems are depicted as horizontal levels connected vertically by the roles, functions and the activites of the agencies that comprise them
50
checks and balances
The authority of the legislative branch, the executive branch, and the judicial branch to provide a constiututional check on the actions of each other
51
landmark decisions
A landmark decision occurs when the US Supreme court declares a significiantly diff interpretation of the rights guarteed by the US constitution
52
Which statement is more true: There are numerous ways to how a person is processed into the cj system but there are few exit options There are limited ways to how a person is processed into the cj system but there are numerous exit options
There are limited ways to how a person is processed into the cj system but there are numerous exit options
53
input-output model
a model of how people are processed through the cj system until they exit the system
54
arrest
to restrict the freedom of a person by taking him into police custody
55
bail
release of the defendent prior to trial
56
indicimant
The formal verdict of the grand jury that there is sufficient evidene to bring a person to trial
57
preliminary hearing
A hearing b4 a magistarte judge in which the prosecution presents evidence to convince the judge that ther is prhibiable cause to bring the defendent to trial
58
probable cause
Reasonable grounds for detainnment or arrest
59
grand jury
a body of individuals chosen to determine the valdity of charges b4 trial; verify the existence of probable cause
60
true bill
Authroizes arraigment by the prosecutor
61
Arraignment hearing
Formal recogntion of the charges against defendent
62
meta-influence
A phenomenon tha tresults in enconmpassing transformative changes
63
slave patrols
White militia who were responsible for controlling, returning and punishing runaway slaves
64
Brown v Board of Education of Topeka
The US Supreme Court decision tha tresulted in movement to integrate schools, public transportation, buisness and society
65
Civil Rights act of 1964
The act of declaring that it is illegal for buisnesses, hotels, restraunts,m and public transportation to deny citizens service based on their race
66
Jim Crow laws (Black Coders)
Laws passed after the Civil War to overstep the basic human rights and civil oliberties of African Americans
67
1972 Equal Employment Oppurtunity Act
The act that ended discrimation in law enforcement and corrections based on race, gender and other protected gategories
68
Civil disobedience
a nonviolent approach of protest in the civil rights movement
69
Montgomery bus boycott
A buoycott of public transportation initiated by the arrest of Rosa Parks
70
Vietnam War
A war from 1955 to 1975
71
Domino theory
A claim that the contiuned fall of govs to communist rule would threaten democracy
72
War on Crime
A declaration by pres Lydon Johnson in 1965 to counter crime and social disorder
73
Omnibus Crime Control and Safe Streets act of 1968
An act that provided resources to local and state governements to assist in the adoption of reforms, including the Law enforcement assistance administration
74
Law Enforcement Assistance Admin
A conduit for the transfer of federal funds to state and local law enforcement agencies
75