Criminology: Chapter 16 Criminal Justice, Process And Perspectives

Front 1

Criminal Justice System

Back 1

The various sequential stages through which offenders pass, from initial contact with law to final disposition

Front 2

Arrest

Back 2

The taking of a person into the custody of the law, the legal purpose of which is to restrain the accused until he or she can be held accountable for the offense at court proceedings. The legal requirement for arrest is probable cause. Arrests for investigation, suspicion, or harassment are improper and of doubtful legality. The police have the responsibility to use only the reasonable physical force necessary to make an arrest The summons has been used as a substitute for arrest.

Front 3

Probable Cause

Back 3

The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant; less then absolute certainty or "beyond a reasonable doubt" but greater than mere suspicion or a hunch. A set of facts, information, circumstances, or conditions that would lead a reasonable person to believe that an offense was committed and that the accused committed that offense. An arrest made without probable cause may be susceptible to persecution as an illegal arrest under false imprisonment statutes.

Front 4

In-Presence Requirement

Back 4

With a few exceptions, in order to make an arrest in a misdemeanor, a police officer must have witness the crime personally.

Front 5

Booking

Back 5

Fingerprinting, photographing, and recording personal information of a suspect in police custody.

Front 6

Lineup

Back 6

Witnesses may be brought in to view the suspect in a group of people with similar characteristics and asked to pick out the suspect.

Front 7

Interrogation

Back 7

The questioning of a suspect in police custody.

Front 8

Grand Jury

Back 8

A group (usually consisting of 23 citizens) chosen to hear testimony in secret and to issue formal criminal accusations (indictments). It also serves an investigatory function.

Front 9

Preliminary Hearing

Back 9

The step at which criminal charges initiated by an information are tested for probable cause; the prosecution presents enough evidence to establish probable cause -- that is a prima facie case. The hearing is a public and may be attended by the accused and his or her attorney.

Front 10

Probable Cause Hearing

Back 10

A hearing to determine if there is sufficient evidence to warrant a trial; also called a preliminary hearing.

Front 11

Arraignment

Back 11

The step in the criminal justice process at which the accused are read the charges against them, asked how they plead, and advised of their rights. Possible pleas are guilty, not guilty, nolo contendere, and not guilty by reason of insanity.

Front 12

Criminal Trial

Back 12

A full scale inquiry into the facts of the case before a judge, a jury or both.

Front 13

Hung Jury

Back 13

A jury that cannot reach a decision in a criminal case. If a jury is hung, the prosecution can retry the case.

Front 14

Disposition

Back 14

For juvenile offenders, the equivalent of sentencing for adult offenders. The theory is that disposition is more rehabilitative than retributive. Possible dispositions may be to dismiss the case, release the youth to the custody of his or her parents, place the offender on probation, or send him or her to a correctional institution. For adult defendants found guilty, sentencing usually involves a fine, probation, and/or incarceration.

Front 15

Presentencing Investigation

Back 15

An investigation performed by a probation officer attached to a trial court after the conviction of a defendant. The report contains information about the defendant's background, education, previous employment, and family; his or her own statement concerning the offense; the person's prior criminal record; interviews with neighbors or acquaintances; and his or her mental and physical condition (that is, information that would not be made part of the record in the case of a guilty plea or that would be inadmissible as evidence at a trial but would be influential and important at the sentencing stage). After conviction, a judge sets a date for sentencing (usually 10 days to two weeks form the date of conviction), during which the presentance report is made.

Front 16

Presentencing Investigation Cont.

Back 16

The report is required in felony cases in federal courts and in many states, is optional with the judge in some states, and in other is mandatory before convicted offenders can be placed on probation. In the case of juvenile offenders, the presentance report is also known as a social history report.

Front 17

Appeal

Back 17

Takign a criminal case to a higher court on the grounds that the defendant was found guilty because of legal error or violation of constitutional rights; a successful appeal may result in a new trial.

Front 18

Discretion

Back 18

The use of personal decision making by those carrying out police, judicial, and sanctioning functions within the criminal justice system.

Front 19

Courtroom Work Group

Back 19

All the parties in the adversarial process who work together to settle cases with the least amount of effort and conflict.

Front 20

Hands-off Doctrine

Back 20

The judicial policy of not interfering in the administrative affairs of a prison.

Front 21

Law of Criminal Procedure

Back 21

Judicial precedents that define and guarantee the rights of criminal defendants and control the various components of the criminal justice system.

Front 22

Right to Counsel

Back 22

The right of a person accused of crime to have the assistance of a defense attorney in all criminal persecutions.

Front 23

Bill of Rights

Back 23

The first ten amendments of the U.S. Constitution.

Front 24

Exclusionary Rule

Back 24

The principle that prohibits using evidence legally obtained in a trial. Based on the fourth Amendment, "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," the rule is not a bar to prosecution, as legally obtained evidence may be available that can be used in a trial.

Front 25

Crime Control Model

Back 25

A model of criminal justice that emphasizes the control of dangerous offenders and the protection of society. It advocates call for harsh punishments, such as death penalty, as a deterrent to crime.

Front 26

Equal Justice Model

Back 26

A philosophy of corrections that stresses determinate sentences, abolition of parole, and the view that prisons are places of punishment and not rehabilitation.

Front 27

Just Deserts

Back 27

The philosophy of justice that asserts that those who violate the rights of others deserve to be punished. The severity of punishment should be commensurate with the seriousness of the crime.

Front 28

Due Process Model

Back 28

View that focusses on protecting the civil rights of those accused of crime.

Front 29

Rehabilitation Model

Back 29

View that sees criminals as victims of social injustice, poverty, and racism and suggests that appropriate treatment can change them into productive, law-abiding citizens.

Front 30

Nonintervention Model

Back 30

The view that arresting and labeling offenders does more harm than good, that youthful offenders in particular should be diverted into informal treatment programs, and that minor offenses should be decriminalized.

Front 31

Restorative Justice Model

Back 31

View that emphasizes the promotion of a peaceful, just society through reconciliation and reintegration of the offender into society.