Criminal Justice 101

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Criminal Justice

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System of law enforcement, adjudication, and corrections involved in the apprehension, prosecution and control of criminal offenders

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adjudication

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court

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social control

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sanctions and rewards used by a society to influence the behavior of individuals and groups

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sanctions

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punishments

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Criminology

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law breaking, law making and law enforcement (the study of)

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criminal law

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offenses against the safety and order of the state

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criminal procedure

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steps and protections provided by law or the courts used to determine guilty/not

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constitutional

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rules and principles that define the nature and limits of gov. power

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august vollmer

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pushed for college education for police

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crime control

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prevent crime through criminal sanctions

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rehabilitation

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help people better themselves

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due process

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fair and equal treatment

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nonintervention

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as little involvement in the system

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justice model

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fair and equal treatment thru control of discretion

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restorative

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reintegration into society instead of punishment

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Steps in the criminal justice system

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act, investigation, arrest, booking, first appearance, preliminary hearing, indictment, arrangement.

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act

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criminal activity

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investigation

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determine what happened

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arrest

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taken into custody

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booking

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processing of the prisoner

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first appearance

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bail is set, released or stays

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preliminary hearing

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is there probable cause to proceed

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indictment

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comes from a grand jury

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arraignment

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formal reading of charges

-plead guilty or not

-attorney is provided

-guilty, not guilty, no contest

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pre trial motions

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where change of venue, jurisdiction, or removal of evidence happens

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adjudication(trial)

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where evidence is heard and decided if guilty or not.

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sentencing

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punishment is given

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corrections

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probation, prison, jail

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filing on an appeal

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fighting because judge made a mistake

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crime

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violation of federal, state or local statute for which there is no legally justifiable excuse.

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deviance

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anything out of the norm

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mens rea

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guilty mind, mental state at the time of the offense

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actus reus

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guilty act

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strict liability

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help liable for the offense even though there was no mens era

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commision

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an act

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ommision

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failure to act

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babylon

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code of hammurabi--first to write down

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byzantine

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justinian code-cut and paste

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american law

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developed from english common law, common to entire country, general agreement on definitions

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criminal law

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violation of criminal statutes(public order) intent of suspect(focus)

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civil law

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violation of civil statutes(interpersonal&buisness dispute) torts (personal wrong) division of blame for injury/damage(focus)

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administrative law

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rules and regulations developed by regulatory agencies

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case law

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judicial decisions(miranda, mapp, weeks) starie decisis (law of precedent)

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procedural law

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protections designated in the various constitutions- protections under law provided by prosecutions

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criminal responsibility (procedural)

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corpus delecti, body of crime, injury has occurred

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alibi

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person saying you didn't do the crime

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justification

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did the crime but theres a greater good

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excuse

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did the crime but there was a factor that diminished or eliminated

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insanity

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person does not have capability to know it was right or wrong

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intoxication

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involuntary may be a defense, may lessen penalties

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age

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under the age of 7, unable to commit crime (ages set by states)

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procedural

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state fails to follow proper procedures(entrapment, double jeopardy)

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constitution

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provides protections against government

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Beccaria and Bentham

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arose from the humanist works of age of enlightenment, idea of a social contract

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positivist/biological

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crime is the result of biological or psychological factors ~beyond the control of the individual

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hooten

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found the criminals were biologically(feebleminded,inherited traits, body types) inferior

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sheldon

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somatotypes- Endomorph(fat,soft,round) mesomorphs(muscular,aggressive) ectomorphs(thin,delicate)

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social organization/ urban ecological theories

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looks at organizion/dis. for crime and deviance

-good organ.-conforming/law-abiding

-bad organ.-criminal/law-breaking

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inner city

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crime rates are the highest

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strain theory

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created by merton, influenced by durkheim. state of normlessness. said there had to be a balance between social structure and cultural

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anomie

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inbalance in social structure and cultural

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conformity

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accept goals of culture, use means of success

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innovation

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accept goals of culture, reject means to succeed

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rebellion

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reject goals of culture, reject means to succeed

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retreatism

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rejects both goals and means

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ritualism

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given up on both goals and means

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general strain theory

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agnew, discrepancy between aspirations and expectations. impacts every race and class

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3 major types

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-failure to achieve positively valued goals

-removal of positively valued stimuli

-confrontation with negative stimuli

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delinquent subculture

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cohen, looks at strain from social acceptance &status, results from lower class inability to meet standards

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differential opportunity

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coward and ohlin, created from strain, delinquent subculture, differential association and social disorganization

-there is unequal access to both legit and illegit means

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focal concerns

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miller-lower class different from middle class

-trouble, toughness, smartness, excitement, fate, autonomy

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social learning theory

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many different criminology theories, operant conditioning

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differential association

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edwin sutherland, definitions of ideas favorable or unfavorable to the violation of law

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social control

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hirschi, four bonds to society. (stronger=less likely to be in crime)

-attachment to others

-commitment

-belief

-involvement

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labeling theory

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focus on negative or stigmatizing label given

-who gives it