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18 Cards in this Set
- Front
- Back
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wedding cake model
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celebrated cases=top=receive lots media attention
serious felonies- result in life in prison of death lesser felonies- assault burglary etc (90%) misdemeanors= bottom |
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discretion
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the power and agent has to act or not act
using ones judgment allows for individualism and informality in the admin of justice |
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1st step of the criminal justice process
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investigation- find out who did it and how
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2nd step of the cj system
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arrest- apprehension of the person who allegedly committed a crime
need a warrant most of the time unless crime was blatant purpose= hold accused for court processing |
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3rd step of the cj system
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booking- record made of the arrest
Miranda rights said all physical info taken down |
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4th step of the cj system
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charging- attorney
sets in motion the adjudication of the case |
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5th step of the cj system
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initial appearance- came b4 judge for the 1st time
can post bail judge determines if case goes to trial |
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6th step of the cj system
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prelim hearing/ grand jury- allow judge to decide whether there is a probable cause to believe crime was committed and that person committed it
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7th step of the cj system
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indictment/information- indictment= issued by grand jury as "true bill" charging person with specific crime on basis of probable cause from evidence presented by prosecutor
info= document charging person of specific crime prepared by the prosecutor |
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8th step of the cj system
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arraignment- go b4 a judge and formally enter in plea (guilty, not guilty, no contest, alford plea)
alford= maintaining innocence but you no jury has enuf evidence to convict you |
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9th step of the cj system
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trial- judge= bench trial where judge decides g or no g
jury of your peers 10-15% of cases actually go to trial rest end at arraignment |
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10th step of the cj system
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sentencing- if found guilty judges usually issue sentence except for death penalty. jury does d penalty
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11th step of the cj process
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appeal- request to next court up to review your case for any reason you can think of. not automatic. only works 20% of the time
d-pen = appellate courts dont have to hear your case |
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12th step of the cj process
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corrections- probation = suspended incarceration with supervision
incarceration intermediate sanctions= mand. comm. service, anger magmnt etc death= ave time spent on death row is 14 yrs |
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13th step of the cj process
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release- mand.
conditional (intermidiate sanctions) |
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dual court system
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fed and state system
when they clash fed will supersede |
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disparities in the cj system
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1. ppl of color commit more crime (lower income, less edu, w/in race)
2. cj system is racist- may result if ppl who commit similar offenses are treated diff by the cj system (crack/cocaine disparity: 1 g crack=18 g cocaine crack =black coke=white) 3. America is racist |
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3 functions of law
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1. social control- keep us in order
2. social change- right to peacefully assemble if there is something you dont agree with 3. dispute resolution- guilty vs. not guilty |
