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56 Cards in this Set
- Front
- Back
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What does John Rawls mean by justice?
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justice is fairness
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What does agreement have to do with justice?
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Justice applies agreement and advantage.
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What does injustice imply and involve?
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Injustice implies disadvantage and some not benefitting equally.
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What are the three ideas encompassed within the notion of justice?
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-liberty but not unrestrained
-equality-same advantages -reward for contributing to the common good |
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When does justice arise?
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When social institutions embrace justice.
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What 3 "equals" justice involve?
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-equal imput
-equal decision making -equal say |
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What does societies being different have to do with justice?
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Societies differ not from failing to have justice but how it is applied.
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What is the connection between arbitrary distinctions and justice?
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justice...elimination...arbitrariness
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What are hte goals of the criminal justice system?
C D J P E A |
-Crime control, due process, justice, public tranquility, economy, accountability.
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What is the definition of crime?
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Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.
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What is the definition of individual rights?
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The rights guaranteed to all members of the American society bt the U.S. constitution. These rights are particularly important to criminal defendants facing formal processing by the CJS.
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What is the definition of justice?
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The principle of fairness; the ideal of moral equity.
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What is the definition of criminal justice?
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In the strictest sense, the criminal law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law.
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What is the definition of civil justice?
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The civil law, the law of civil procedure, and the array of procedures and activities having to do with private rights and remedies sought by civil action.
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What is the definition of social justice?
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An ideal that embraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong.
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What is the definition of the criminal justice system?
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The aggregate of all operating and administrative or technical support agencies that perform criminal justice functions. The basic divisions of the operational aspects of criminal justice and law enforcement, courts, and corrections.
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What is the consesus model?
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A criminal justice perspective that assumes the system's components work together harmoniously to achieve the social product we call justice.
--Harmony, value consesus, cooperation, system function. |
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What is the conflict model?
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A criminal justice perspective that assumes that the system's components function primarily to serve their own interests. According to this theoretical framework, justice is more a product of conflicts among agencies within the system than it is the result of cooperation among component agencies.
---Disunity, value conflict, system disfunction |
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Describe the American Criminal justice process.
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Arrest, booking, first appearance, preliminary hearing, information or indictment, arraignment, sentencing.
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What is the crimie control model?
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A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.
--safeguarding people from personal attack, and protecting their property. |
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What is the due process model?
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A criminal justice perspective that emphasizes individual rights at all stages of justice system processing.
---Dealing fairly with the accused, not abusing the accused. |
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What is an individual rights advocate?
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One who seeks to protect personal freedoms within the process of criminal justice.
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What is a public order advocate?
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One who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over invidual rights.
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What is concurrent sentence?
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One of two or more sentences imposed at the same time, after conviction for more than one offense, and served at the same time.
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What is a consecutive sentence?
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One of two or more sentences imposed at the same time, after conviction for more than one offense and served in sequence with the other sentence.
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What are the key provisions of the USA patriot act?
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-Requires wire tapping, and grand juries to go through the CIA
-requires disclosure of Americans and foreigners with contracts with foreigner -Survielance tap has to go through provider first -can detain suspects of terrorism -enhance federal laws on terrorism. |
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What was the significance of the National security act of 1947?
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It created the CIA.
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What is the major privision of FISA?
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The foreign intelligence surveillance act of 1978.
Our govt. has been involved in killing world leaders, spying on people etc. _Passed on the heals of major national scandals. |
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What is the major goal of the USA patriot act?
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To break down barriors.
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What is the definition of delinquency?
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In the broadest usage, juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior.
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What is the definition of parens patriae?
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A common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide.
--Father of the land-acting in the child's best interest. |
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What is the definition of social ecology?
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Certain cities can be mapped by their social characteristics. The zones at the center have the highest crime rates, etc.
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What is the definition of a status offender?
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A child who commits an act that is contrary to the law by virtue of the offender's status as a child. Purchasing cigarettes, buying alcohol, and being truant are examples of such behaviors.
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What is the definition of a status offense?
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An act or conduct that is declared by statute to be an offense, but only when committed by or engaged in by a juvenile, and that can be ajudicated only by a juvenile court.
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What is the definition of opportunity theory?
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A perspective that sees delinquency as the results of limited legitimate opportunities for success available to most lower class youth.
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What does desistance mean?
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That you just age out of crime.
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Describe juvenile court.
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-Acts on behalf of the child
-private hearings -works with causes of behavior and treatments -investigates kids social environment -Do not get bail, usually detention or home |
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Describe adult court.
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-Acts upon a charge being accused- adversarial system.
-public hearings -intent viewed as a matter of guilt- not interested in causes or treatment -no inquiry of environment -adults are either jailed or on bail. |
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What are some critical determinants of juvenile criminality?
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Must be under 17, believe kids cannot have intent, very informal, treatment instead of jail time.
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What are the details of the Illinois Act?
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An act to regulate the treatment and control of dependent, neglected, and deliquent children.
--emphasis on guidence, protection and rehabilitation, special judges, active ongoing intervention etc. |
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What is the definition of delinquent children?
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A child who has engaged in activity that would be considered a crime if the child were an adult. The term is used to avoid the negative stigma associated with the title of criminal.
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What is the definition of undisciplined children?
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A child who is beyond parental control, as evidenced by his or her refusal to obey legitimate authorities such as school officials and teachers.
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What is the definition of a dependent child?
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A child who has no parents or whose parents are unable to care for him or her.
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What is the definition of a neglected child?
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A child who is not receiving the proper level of physical or psychological care from his or her parents or guardians or who has been placed up for adoption in violation of the law.
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What is the definition of an abused child?
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A child who has been physically, sexually, or mentally abused. Most states also consider a child who is forced into delinquen activity by a parent or guardian abused.
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What was the case of Kent v. United States?
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14 year old robbed and raped, juvenile court said they couldn't deal with him, adult court institionalized him for 30 years--appeal was denied, so federal court finally awarded the appeal and let him out because he never knew his constitutional rights--double jeapordy.
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What is the case of Gerald Gault about?
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15 year old made a prank call, was arrested, not informed of his rights, sentenced to reform school til he turned 21, if he was 18 he would have gotten a $50 fine etc.
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What is the case of Samuel Winship?
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12 year old accused of stealing a wallet, was sent to reform school for 6 years-case was appeal based on proof beyond reasonable doubt.
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What is the case of McKeiver v. Pennsylvania?
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McKeiver at 16, was involved in robbery, larceny, and receiving stolen property,was denied a jury trial and was sent to a reform center
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What is the case of Breed v. Jones?
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17 year old Jone was accused of robbery with a deadly weapon, was moved from juvenile to adult court and double jeapordy was brought up. -- After this transfers from juvenile to adult court are a lot more strict etc.
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What is the case of Schall v. Martin?
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Martin 14, was charged with robbery and weapons possession, was detained for 2 weeks until his trial, which led to stricter laws on preventative detention of juveniles.
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What is stage 1 of the juvenile just system? And what happens?
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referral to intake- it is the first step in decision making regarding a juveniles whose behavior or alleged behavior is in violation of the law or could otherwise cause a juvenile court to assume jurisdiction.
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What is stage 2 of the juvenile just system?
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detention
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What is stage 3 of the juvenile just system?
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bail
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What is stage 4 of the juvenile just system?
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intake hearing
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What is stage 5 of the juvenile just system? And what happens?
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petition- a document filed in a juvenile court alleging that a juvenile is a delinquent, a status offender, or a dependent, and asking that the court assume jurisdiction over the juvenile or that an alleged delinquent transfer to a criminal court for prosecution as an adult.
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