Criminal Justice Exam 1

Front 1

The Goals of Criminal Justice
#1

Back 1

Controlling Crime
Criminal justice system is designed to control crime by arresting, prosecuting, convicting, and punishing those who disobey the law.
Criminal law defines what is illegal and outlines rights of citizens and procedures officials must follow to achieve system’s goals

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The Goals of Criminal Justice
2

Back 2

Preventing crime
Deterrent effect of police, courts, & corrections

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The Goals of Criminal Justice
3

Back 3

DOING JUSTICE:BASIS FOR RULES, PROCEDURES, AND INSTITUTIONS OF THE SYSTEM
Hold offenders accountable
Protect rights

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Characteristics of the Criminal Justice System
1

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Discretion: officials’ freedom to act according to their own judgment and conscience.
Allows for individualization and informality in the administration of justice
Arguments used to justify discretion
Discretion is needed because system lacks resources to treat every case the same way.
Many officials believe discretion permits them to achieve greater justice than rigid rules would produce.

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Characteristics of the Criminal Justice System
2

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Resource Dependence
Criminal justice officials must maintain good relations with those that allocate resources.
Must maintain positive images and good relations with voters.
Want positive coverage from the news media

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Characteristics of the Criminal Justice System
3

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Sequential Tasks
Nature of the system
Police must arrest before case is passed to prosecutor

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Characteristics of the Criminal Justice System
4

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Filtering
Some defendant are filtered out of the system
Lack of sufficient evidence
Charges are dismissed
Jury acquits some defendants
Defer prosecution

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Steps in the Decision-Making Process
1-3

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Investigation – crime is reported or police witness a crime.
Arrest – physically taking a person into custody pending a court proceeding if enough evidence is available showing a crime has been committed.
Booking – fingerprinted, photographed, questioned, and placed in a lineup.

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Steps in the Decision-Making Process
4-6

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Charging – decision to charge is crucial because it sets in motion the adjudication of the case.
Initial appearance – given formal notice of charges, advised of rights, possibly post bail.
Preliminary hearing/grand jury – does probable cause exist to proceed?

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Steps in the Decision-Making Process
7-10

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Indictment/information – a document returned by a grand jury as a “true bill” charging an individual with a specific crime on the basis of a determination of probable cause as presented by a prosecuting attorney.
Arraignment – defendant has opportunity to enter a plea to the charges.
Trial – Only about 10-15% of cases go to trial and 5% are heard by juries.
Sentencing – imposing punishment suitable to the offender and the offense within limits of the law.

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Steps in the Decision-Making Process
11-13

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Appeal – those found guilty can appeal conviction to a higher court.
Corrections – the court’s sentence is carried out by the correctional subsystem.
Release – may occur when offender has served full sentence imposed by the court or paroled to the community.

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The Criminal Justice Wedding Cake
layer 1

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Layer I – This layer consists of “celebrated” cases
These cases receive high publicity
Involve the full process, including a trial
Many appeals
Embody the ideal of “adversarial system”

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The Criminal Justice Wedding Cake
layer 2

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Layer II – Comprised of serious felonies
Violent crimes committed by repeat offenders
Tough sentences

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The Criminal Justice Wedding Cake
layer 3

Back 14

Layer III – Less serious offenses committed by less serious offenders

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The Criminal Justice Wedding Cake
layer 4

Back 15

Layer IV – Consists of misdemeanors; 90% of all cases fall into this category

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Crime Control Model

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assumes freedom is so important that every effort must be made to repress crime
Emphasizes efficiency, speed, finality
Goal of high rate of apprehension of offenders
Goal of high rate of conviction and disposition of cases

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Due Process Model

Back 17

assumes freedom is so important that every effort must be made to ensure criminal justice decisions are based on reliable information
Emphasizes adversarial process
Rights of defendants should be protected
Formal decision-making procedures.

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Disparity

Back 18

a difference between groups than can be explained by legitimate factors.

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Discrimination

Back 19

occurs when groups are differentially treated without regard to their behavior or qualifications.

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mala in se

Back 20

crimes that are wrong in themselves

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mala prohibita

Back 21

crimes because they are prohibited by the government, not because they are wrong in themselves.

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Visible crime or “street crime”

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Violent crimes – acts against people in which death or physical injury results
Property crimes – acts that threaten property held by individuals or the state
Public order crimes – acts that threaten the general well-being of society and challenge accepted moral principles

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Occupational Crime

Back 23

committed in the context of a legal business or profession.
Cost businesses $40 billion annually
Often viewed as shrewd business practices rather than illegal acts

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Organized Crime

Back 24

refers to a framework within which criminal acts are committed rather than acts themselves

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Organized Crime
Con't

Back 25

A crime syndicate has an organizational structure, rules, a division of labor, and capacity for ruthless violence
Provide goods and services
Minimum risk, maximum profit
Money laundering
Traditional, Mafia
New and emerging organized crime groups

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Crimes Without Victims

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willing and private exchange of goods or services in strong demand, but are illegal
Prostitution
Gambling
Drug sales
Society as a whole is harmed because the moral fabric of the community is threatened
War on Drugs

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Political Crime

Back 27

criminal acts either by the government or against the government for ideological purposes
These criminals believe they are following a morality above the law
Treason
World Trade Center and Oklahoma City Bombings

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Cybercrime

Back 28

involve the use of computers and Internet to commit crime
Steal information, resources, or funds
Child pornography
Global nature of the Internet and challenges to law enforcement
Methods for investigating computer crime

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Classical School

Back 29

views behavior as stemming from free will, demands responsibility and stresses need for severe punishment to deter others

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Neoclassical criminology

Back 30

emerged in 1980's same as classical need to be tough on crime

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Positivist criminology

Back 31

mid 19th century; use of science to study body, mind, and environment of offender

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Positivist Con't

Back 32

Human behavior controlled by physical, mental & social factors, not free will
Criminals are different from noncriminals
Science can be used to discover causes of crime and to treat

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Crimes Without Victims

Back 33

willing and private exchange of goods or services in strong demand, but are illegal
Prostitution
Gambling
Drug sales
Society as a whole is harmed because the moral fabric of the community is threatened
War on Drugs

Front 34

Political Crime

Back 34

criminal acts either by the government or against the government for ideological purposes
These criminals believe they are following a morality above the law
Treason
World Trade Center and Oklahoma City Bombings

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Biological Explanations

Back 35

Cesare Lombroso believed some people are at a more primitive state of evolution, thus born criminal

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Crimes Without Victims

Back 36

willing and private exchange of goods or services in strong demand, but are illegal
Prostitution
Gambling
Drug sales
Society as a whole is harmed because the moral fabric of the community is threatened
War on Drugs

Front 37

Psychological Explanations

Back 37

Sigmund Freud proposed psychoanalytic theory that crime is caused by unconscious forces and drives.
Struggle among id, ego, and superego

Front 38

Cybercrime

Back 38

involve the use of computers and Internet to commit crime
Steal information, resources, or funds
Child pornography
Global nature of the Internet and challenges to law enforcement
Methods for investigating computer crime

Front 39

Political Crime

Back 39

criminal acts either by the government or against the government for ideological purposes
These criminals believe they are following a morality above the law
Treason
World Trade Center and Oklahoma City Bombings

Front 40

Classical School

Back 40

views behavior as stemming from free will, demands responsibility and stresses need for severe punishment to deter others

Front 41

Sociological Explanations

Back 41

focus on the way that belonging to social groups shapes people’s behavior

Front 42

Cybercrime

Back 42

involve the use of computers and Internet to commit crime
Steal information, resources, or funds
Child pornography
Global nature of the Internet and challenges to law enforcement
Methods for investigating computer crime

Front 43

Neoclassical criminology

Back 43

emerged in 1980's same as classical need to be tough on crime

Front 44

Classical School

Back 44

views behavior as stemming from free will, demands responsibility and stresses need for severe punishment to deter others

Front 45

Neoclassical criminology

Back 45

emerged in 1980's same as classical need to be tough on crime

Front 46

Positivist criminology

Back 46

mid 19th century; use of science to study body, mind, and environment of offender

Front 47

Positivist criminology

Back 47

mid 19th century; use of science to study body, mind, and environment of offender

Front 48

Positivist Con't

Back 48

Human behavior controlled by physical, mental & social factors, not free will
Criminals are different from noncriminals
Science can be used to discover causes of crime and to treat

Front 49

Biological Explanations

Back 49

Cesare Lombroso believed some people are at a more primitive state of evolution, thus born criminal

Front 50

Positivist Con't

Back 50

Human behavior controlled by physical, mental & social factors, not free will
Criminals are different from noncriminals
Science can be used to discover causes of crime and to treat

Front 51

Biological Explanations

Back 51

Cesare Lombroso believed some people are at a more primitive state of evolution, thus born criminal

Front 52

Psychological Explanations

Back 52

Sigmund Freud proposed psychoanalytic theory that crime is caused by unconscious forces and drives.
Struggle among id, ego, and superego

Front 53

Sociological Explanations

Back 53

focus on the way that belonging to social groups shapes people’s behavior

Front 54

Psychological Explanations

Back 54

Sigmund Freud proposed psychoanalytic theory that crime is caused by unconscious forces and drives.
Struggle among id, ego, and superego

Front 55

Sociological Explanations

Back 55

focus on the way that belonging to social groups shapes people’s behavior

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Social structure theories

Back 56

suggest criminal behavior is related to social class.
Robert Merton – concept of “anomie” (breakdown in and disappearance of rules of social behavior)

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Contemporary theories

Back 57

draw on social structure concepts and anomie theory
Negative relationships lead to negative emotions which are expressed through crime and delinquency

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Social Process Theories

Back 58

assume any person has potential to become a criminal depending on (1) influences that impel one toward or away from crime (2) how one is regarded by others

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Learning theory

Back 59

criminal behavior is learned
• Edwin Sutherland, Differential Association theory

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Control theory

Back 60

criminal behavior occurs when social bonds are weak or broken

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Labeling theory

Back 61

causes of criminal behavior found in social process that labels certain acts as criminal or deviant
• Howard Becker
• Turning points in life such as marriage or
employment may explain why some cease
criminal activity

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Social Conflict Theories

Back 62

assume criminal law and criminal justice system are way to control the poor and the have-nots.
Critical, radical, or Marxist criminologists
Hostility is factor of criminal behavior

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