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129 Cards in this Set

  • Front
  • Back

IC: What is the criminal Justice System?

It is an institution of agencies that is interdisplinary with various agencies. It also relates to social control.

IC: what are the various actors in the criminal justice system?

Defense Attorneys, Prosecutors, Judge, Clerks, Jury, Investigators, Law Enforcement, Wintesses, Victims, Forensics, Team/Lab, Correctional Officers/Facilities, Defendant, expert witnesses, Court Administartors, Baliff's and Court Reporters.

IC: what are the 2 models of criminal justice?

Crime Control Model. and the Due Process Model.

IC What are the goals, court process, and sentence focus of the crime control and due process model?

Crime Control: The goal is to repress crime with a court process that is like assembly line justice and efficiency. The sentence involves an incarceration.

In the due process model the goal is to seek for rights of the protected individual. The court process is like an obstacle course, with certain road blocks, but this is okay. The sentence is rehabilitation

IC: what did the warren court do?

The warren court era is the due process revolution that expanded procedural defendant rights of the accused. ex. Miranda V. Arizona.

IC: What is the warren court known as?

The due process revolution court.

IC: How do we categorize different types of law?

Common Law, Civil and Criminal.

IC: What is common law, Civil law, and criminal law?

Common Law: judicially created and could just be passed on. It is case law.

IC: what is precedent, what is stare decisis?

Precedent: Having an example that influences later decisions

Stare Decisis: Let the decision stand. This means actually using precdent in your decision.

IC: what are the benefits and negatives to common law?

The benefits are that it effects legitimacy and uniformity. The negatives are that there are precedents that need to be overturned with changes that go on.

IC: What is Brown V. Board of Education?

A case in 1954 that said seperate but equal is not equal and it overturned plessy V. Ferguson. It said that students are not getting access to the same information.

IC: What are the 2 types of interpretation of the law?

Strict Constructionalism and Judicial Activism.

IC: What is strict constructionalism? What is Judicial Activism?

Strict Constructionalism means it is strict to the constitution and what the law says. It is a piece of legislation, stick to original intentions, stay close to wording as closely as possible.

Judicial Activism: The Judge has an expansive interpretation of the material. They do not interpret the law.

IC: Who is a strict Constructionalist?

Justice Scalia.

IC: What are the different Sources of the Law?

Case Law, Legislation, Model Penal Code, and State Level + Federal Constitution.

IC: What is the model penal code?

People in the field coming up with example policies to use in the state. It creates consistency.

IC: What does the state level and Federal Constitution do?

Provides Article One , two and three courts and creates organization of the court system we see today.

Page 5: What is the CSI Effect?

Changes in popular culture brought about by rapid scientific and technological advances and widespread dissemination of information about them has heightened juror expectation and demands for scientific evidence in almost every respect.

Page 6: What is a major societal activity?

Fighting Crime and it involves billions of dollars spent by local, state, and federal government on the criminal and civil justice system.

Page 6: What is the criminal Justice System?

The numerous public agencies involved in implementing public policy concerning crime.

page 6/7: In the CJ System, what is the role of the police, the courts, and corrections?

Police: are responsible for apprehending criminals.

Courts: responsibile for deciding whether those arrested are legally guilty ad if so, determining the sentence.

Corrections: Responsibile for carrying out the penality imposed on those found guilty.

Page 7: Overall, what is the organization like of the CJ system?

The organization is interdependent and fragmented.

Page 7: How do the decisions that the courts make, have consequences for other criminal justice system components?

Judges' bail policies immedately affect what happens to a person arrested by the police; likewise corrections personnel are affected because of an increase in the jail population

Page 7: How do the decisions of law enforcement and corrections effect the judiciary?

Impact the judiciary by effecting the workload of the prosecutors and the more overcrowded the prisons, the more difficult it is for judges to sentence the guilty.

Page 8: What is the fragmentation contributed towards?

Fragmentation is contributed towards the decentralization of government. This is because of the principles of federalism in which provides for the distribution of governmental power between national and state governments. State governments have their own courts and levels that account for an array of police, courts and corrections.

page 8: What are courts?

Courts are governmental organizations created to hear specific types of cases.

Page 8: What does the dual court system refer to?

separate state and federal courts.

page 8: What is another important difference between courts?


Page 9: Generally, what is a trial court?

Where trials are held, jurors sworn, and witnesses questioned.

9: how are the trial courts divided?

They are divided between major and lower.

9: What are the functions of the lower trial courts?

initially process felony cases, but cannot find the defendant innocent or guilt, and cannot sentence. They mostly process minor offenses.

What are the functions of major trial courts 9

responsible for the final phases of felony prosecutions, and in these courts defendants are charged with crimes such as murder, robbery, burglary, and drug dealing enter a plea of guilty and the guilty are sentenced.

On the state level what do appellate courts do? 9:

Appellate courts are responsible for reviewing the decisions made by trial courts. They attorneys argue whether the previous decision correctly or incorrectly followed the law.

What are the 2 levels of appellate courts? Page 9:

Intermediate courts, and supreme courts.

page 9: What is the increasing order of the Federal Court System?

Magistrate Courts, District Courts, Circuit Courts of Appeals, Supreme Court of the United States.

Page 9: What is the increasing order of the state courts?

Trial Courts of limited jurisdiction, Trial Courts of General Jurisdiction, Intermediate Courts of Appeals, and Appellate Court of Last Resort.

Page 9: What courts are in the trial courts of limited jurisdiction?

Municipal, County and State Jurisdictions, Circuit Common pleas, Justice, District, Mayor's or Magistrate Courts.

What are the trial courts of general jurisdiction called? Page 9:

District, Superior , or circuit courts.

Page 11: what is the head prosecutor called at the state, major trial court, and the lower court level.

Attorney General, District Attorney, and City attorney.

Page 11: What is the role of prosecutors?

Decide which cases to prosecute, which cases to plea-bargain, and which cases to try. Help to influence setting the bail and choosing the sentence.

Page 11: What is the role of the defense attorneys?

To urge their clients to plead guilty based on the assessment that a jury will find the defendant guilty beyond a reasonable doubt.

Page 11: Why are judges considered the ultimate authority figures in the courthouse?

Set bail, instruct jurors about the meaning of the law, and impose sentences.

Page 11: What groups have been influential for victim rights?

Mothers against drunk driving and the National Organization for Victim Assistance.

Page 18: what model would conservatives favor, and what model would liberals enjoy?

- Crime control

Due process

Page 19. What is the most important value in the crime control model?

The repression of Criminal Conduct

What will happen if crime is not controlled in the crime control model?

The rights of citizens will not be protected and the security of society will be diminished.

what do conservatives see crime as?

The breakdown of individual responsibility and self control.

In the crime control model, why must courts process defendants efficneitly?

To reinforce social values of discipline, and self-control, and to repress crime.

The Crime Control Model holds that informal fact finding by the police and prosecutor is what?

The best way to determine guilt, and is foolproof to prevent the innocent from being falsely convicted.

What do advocates of the crime control model see as the cure?

curtailing the exclusionary rule, abolishing the insanity defense, allowing for preventitve deteention of dangerous offenders, increasing certainty of punishment.

What does the due process model suggest:

Protecting the rights of the individual and granting too much leeway to law enforcement officials will only result in the loss of freedom and civil liberties for all Americans. Crime is seen as social influence, not individual moral failure.

what is the due process model called the obstacle course?

Because they want careful consideration on each case. The possibility of error in the informal fact-finding process and therefore insists on formal fact finding to protect against mistakes made by police and prosecutors.

what kind of punishments are advocates of the due process model in favor of?

They favor rehabilitation, community based sentencing alternatives.

what kind of model did the first half of the 20th century demonstrate?

It demonstrated a crime control because of increased urbanization, immigration, and indistrialization contributed to an increase in criminal activity.

what kind of model was seen in the 1950s and 1960s? 20

Due Process because of a focus on social equality and equal justice under the law. Bringing abuse power to light. Due process, individual rights, and liberties warren court.

What happened to the emphasis of distributing law after the 1970s?

Wars on crime, drugs and terrorism contributed to a renewed emphasis on crime control.

Page 29: What is the definition of Law?

Is a body of rules enacted by public officials in a legitimate manner and backed by the force of the state.

what are the sources of law?

statutes, constitutions, court decisions, and administrative regulations.

What are the developments of common law Page 30?

The developments of common law are that it was locally administered in the local courts and then during the reign of Henry II in 1154 it was expanded to the royal courts. The king's courts applied common customs to the whole jurisidction instead of to a particular village.

what is U.S. Law sometimes known as?

Anglo-American Law.

What were the three characteristics out of common law heritage?

1. it was judge-made 2. Based on precedent 3. and found in multiple sources

What can the court do by following prior decisions 30.

The court can promote fairness and consistency.

What is the highest source that is the top rung?

This source is the constitution and it is the first document that establishes the underlying principles and general laws of a nation or state. The U.S. constitution is the fundamental law of the land with all other laws being secondary.

what are some of the powers in the constitution?

- Define the powers that each branch of government may exercise.

- Limit governmental powers

- Specific rights granted to citizens.

- How government officials will be selected.

Statutory Law:

Laws enacted by federal and state legislatures and are usually referred to as statutory law.

A statutory law enacted by a local unit of government is commonly called a what?

Municipal Ordinance.

why is a great deal of law today, statutory?

Legislators could enact rules of law that were not only much broader in scope than those adopted by judges, but also were more precise and detailed.

Administrative Regulations are what:?

Legislative bodies delegate rule-making authority to a host of governmental bureaucracies called by various names such as agencies, boards, bureaus, commissions and departnments.

What is judge-made case law vital to?

It is vital in determining the meaning of other sources of law as well b/c they can either expand or contract the statute's meaning.

what is substantive law? 33

Substantive Law creates legal obligations such as torts, contracts, and domestic relations are examples of substantive civil law.

Murder, Robbery, and burglary are examples of substantive criminal law.

what is procedural law? 33

establishes the methods of enforcing these legal obligations. It focuses on the roles lawyers and judges play in the legal process.

What are the principles behind the adversary system and what does it stand for?

In the Anglo American legal system, it says that a battle between two opposing parties will uncover more of the truth than would a single official.

The adversary system says that the burden is on the prosecutor to prove the defendant guilty beyond a reasonable doubt, and the defense attorney is responsible for arguing for the client's innocence and asserting legal protections. The judge serves as a neutral arbitrator who stands above the fight as a disinterested party, ensuring that each side battles within the established rules. Finally, the decisions is entrusted to the jury.

what does the 6th amendment guarantee?

The 6th amendment guarantee's that, "in all criminal prosecutions, the accused shall enjoy the right to be confronted with witnesses against him.

34: What does the diffusion of powers do in an adversary system?

The diffusion of powers incorporates checks and balances aimed at curbing political misuse of the criminal courts.

What are trials governed by? 34.

Rules of Procedure and Rules of evidence.

what is a presumption?

A presumption is a conclusion or deduction that the law requires the trier of fact to make in the absence of evidence to the contrary.

what is an inference?

An inference are conclusions or deductions the trier of fact may reasonably make based on the facts that have been established by the evidence.

what is the presumption of sanity?

requires all defendants be presumed sane unless sufficient evidence of their insanity is proven, usually by clear and convincing evidence.

What is the presumption of innocence?

requires that the jury accept that the defendant is innocent unless the prosecution meets its burden to prove that the defendant is guilty beyond a reasonable doubt.

what are the two seperate burdens that a burden of proof falls under?

- Burden of production and Burden of persuasion.

What is a burden of production?

A burden of production is that the attorney must produce evidence to put facts in issue.

What is the burden of persuasion?

The burden of persuasion is the obligation of a party to prove a fact to a certain level either beyond a reasonable doubt, by a preponderance of the evidence, or by clear and convincing evidence.

what is reasonable suspicion?

A person can discuss the reasons why he or she is suspicious. Moreover the explanation offered as the basis for the suspicion are clearly understandable to another person who hears the explanation.

what is probable cause?

It is differentiated from reasonable suspicion because of the existence of facts that are independently verifiable factual information that supporrts the conclusion that there is a fair probability that a crime occured.

what is preponderance of the evidence:

Used in civil court and it is commonly understood as proof that something is more likely than not. The plaintiff must show that the probability is more than 50% that the defendant did what is claimed.

what is beyond a reasonable doubt:

There is not adopted U.S. Supreme Court definition. However, to satisfy the beyond a reasonable doubt it seems that the jury must be satisfied that the charges against the defendant are almost certainly true.

WHat are some of the most fundamental protections to the accused 36:

What is the primary justification for providing constitutional safegaurds for those caught in the net of the criminal process?

Some of these fundamental rights are the right to remain silent and the right to a trial by jury.

To ensure that innocent persons are not harassed or wrongly convicted.

What is due process of law 38

Due process of law means that there is a fundamental fairness insofar as a person should always be given notice of any changes brought against him or her that a person should be provided a chance to present their side of the legal dispute. No law or government should be arbitrary.

what was the main obstacle to the ratification of the constitution?

Absense of specific protections for individual rights.

which amendments deal with criminal procedure?

4th 5th 6th and 8th.

what is selective incorporation?

What are some of the major provisions in the bill of rights that now apply to the states?

Due process clause of the 14th amendment made some provisions of the bill of rights applicable to the states.

4th amendment, self incrimination (5th), right to counsel and trial by jury (6th), and prohibition against cruel and unusual punishment (8th)

40: Who brings a civil suit?

A private party

what is meant by tort law and injury?

Tort is the legal wrong done to another person

Injury: any wrong, hurt, or damage done to a person's rights, body reputation, or property.

what are the different types of private/civil law?

Tort, Contracts, Property, Domestic Relations, Inheretence.

what is a contract?

an agreement between two or more persons involving a promise supported by mutual obligations.

what does property involve?

real property, personal property (tangible moveable items), and intellectual property - covering ideas.

what is meant by domestic relations?

family law involving divorce, related issues such as child custody, child support, and alimony.

what happens when someone dies without a will?

the civil law of intestacy determines how posessions should be distributed by a court in probate proceedings.

what is a judgement?

what is a remedy?

a court official's decision about the rights and claims of each side in a lawsuit.

Remedy: Relief granted by the court.

what are monetary damages?

sums of money that a court orders to be paid to a person who has suffered a legal injury.

what are the two types of damages that a court orders?

compensatory and punitive damages.

what are compensatory damages and punitive damages?

payment for the actual losses suffered by a plaintiff and punitive damages involve money awarded by a court to a person who has been harmed in a malicious or willful way by another person.

what is a declaratory judgment?

a judicial determination of the legal rights of the parties.

what is an injunction:

is a court order that requires a person to take an action or refrain from taking an action.

what are the 3 types of injunctions?

Temporary restraining order: lasting only a few days that orders a party to refrain from taking certain action until a hearing can be held.

A prelimianry injuction: issued during the of a civil or criminal case that orders the parties.

Permanent Injunction: entered as part of a final judgement ordering a party to refrain from or to perform certain actions.

what are 3 areas where civil and criminal proceedings have been brought for years?

civil forfeiture cases related to drug offenses, lawsuits brought by victims of sexaul assault, and civil remedies to compensate victims of white collar crime.

what is criminal law?

Criminal law relates to actions that are considered so dangerous or potentially so, that they threaten the welfare of society as a whole

how are misdeamanors punishable?

By fines or up to a year in jail.

What is the goal of criminal law?

to prevent and control crime.

does criminal law supplement or suplant criminal law?


what are the jury verdict rules in civil and criminal suits?

In civil suits they are less than unanimous and in criminal suits that are unanimous

In criminal vs civil law what is the grounds towards defendent's testimony, right to counsel, prosecution,?

Civil = may be forced to testify, no constitutional right to counsel, must hire own lawyer.

Criminal: constitutional right to silence and counsel. The government through the D.A.

In every criminal case what must the prosecution prove?

The body of the crime. Corpus Delecti

What does corpus delecti mean?

It means the elements of a crime that the prosecution must prove beyond a reasonable doubt.

what are the elements of the crime?

A guilty act actus reus committed with mens rea, the criminal intent. It must also state that the guilty act and the criminal intent are related.

- Sometimes may have to prove certain attendant circumstances and/or the guilty act caused a particular result.

What is actus reus further?

It means that the act is voluntary. WE do not punish for involuntary acts such as striking during an epileptic seizure.

What is an omission?

It is a failure to act when there is a legal duty to act. Such as failing to file income taxes, yielding right of way.

what are attempts in actus reus?

attempts are acts that are not compeltely carried out because someone should not avoid legal liability merely b/c someone or something prevented the commission of a crime.

what is mens Rea?

It is the intent general or specific. General to go against the law, specific the act committed.

When the guilty act and guilty mind occur together what is this called?

It is called union of actus reus and mens rea.


the classification of crime is distinguished by how much the victim suffered

what are 2 defenses that negate mens rea? They negate the true criminal intent?

Mistake of fact and defense of necessity.

What is mistake of fact:

A honest and reasonable mistake regarding a factual manner. If true, would have justified the act or omission of a criminal prosecution.

what are defenses of justification?

are basedo n the comission of an act under circumstances thecriminal law does not seek tp punish.

aka Self Defense. Defense of others and defense of property.

what are procedural defenses?

Procedural defenses are those that are focused on compliance with the rules and processes of the criminal justice system such as a right to a speedy trial, and the related defense of the passage of time. double jeapordy, immunity, exsluionary rule.

what are defenses of excuses?

excuse acts committed by defendants who should not be held criminally responsible for their actions because they were too young orb because their mental state prevented them from understanding the nature of the crimes.

difference between compentency and insanity?

Compentency - is he able to participate in his defense?

INsanity - did he appreciate the nature of his crimes during the commission of his actions.

what is infancy?

anyone under the age of 7 cannot be held legally capable of forming criminal intent.

what is it called between infancy and the reaching an adult?

Juvenile delinquency - they have less responsbility for their actions than adults do.