CRM 210 Ch. 1 Readings

Justice

"truth in action" the principle of fairness; the ideal of moral equity.

Miranda v. Arizona.

(1) "You have the right to remain silent." (2) "Anything you say can and will be used against you in court." (3) "You have the right to talk to a lawyer for advice before we ask you any questions, and to have him with you during questioning." (4) "If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish." (5) "If you decide to answer questions now without a lawyer present, you will still have the right to stop answering at any time. You also have the right to stop answering at any time and may talk with a lawyer before deciding to speak again." (6) "Do you wish to talk or not?" and (7) "Do you want a lawyer?"31

Correctional Agencies

-Carry out sentences imposed by the courts -Provide safe and humane custody and supervision of offenders -Protect the community -Rehabilitate, reform, and reintegrate convicted offenders back into the community -Respect the legal and human rights of the convicted

Investigation and arrest: Pretrial Activities: Adjudication: Sentencing: Corrections: Reentry:

1) Booking and Miranda warnings 2) Preliminary hearing and indictment 3) Plea bargaining and trial 4) Appeal and Presentence Report 5) Treatment programs, prisons 6) Probation and parole.

1920-1933: 1960-1970: 1980s: 1990s: 2000-2009: 2012-Present:

1) Prohibition and Widespread Organized Criminal activity. 2) Civil Rights Movement+ Dramatic Increase in Reported Criminal Activity 3) War on Drugs Declared and Use of Crack Cocaine Increases 4) Beating of Rodney King by Police officers and "Get-tough-on-crime" era 5) Passage of Sarbanes-Oxley Act and Increased Concern about White-Collar and corporate crimes. 6) Increase in Cybercrime and Mass shooting epidemic.

due process

4, 5, 6, 14th amendments. means procedural fairness.

Social Disorganization:

A condition said to exist when a group is faced with social change, uneven development of culture, maladaptive, disharmony, conflict, and lack of consensus.

Conflict Model

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.

Consensus Model

A criminal justice perspective that assumes that the system's components work together harmoniously to achieve the social product we call justice.

due process model

A criminal justice perspective that emphasizes individual rights at all stages of justice system processing.

crime-control model

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.

Adjudication

A criminal trial may be held or the defendant may choose to enter a guilty plea. Involves the adversarial process that pits prosecution against the defense. Jury hears evidence and decides guilty/innocent and judge ensures fairness.

Warrant

A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search.

Multiculturalism

A perspective recognizing the cultural diversity of the United States and promoting equal standing for all cultural traditions

probable cause

A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime

Which of the following individuals is most likely to be an individual-rights advocate?

Abigail, who led a series of protests when President George W. Bush gave the NSA the authority to monitor the phone calls and emails of American citizens in an effort to combat possible terrorist attacks

Social Justice

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.

Preliminary Hearing

An initial hearing in which a judge decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged

What is the theme of this text?

Balancing the concern for individual rights with the need for public order through the administration of criminal justice

At what point are the police required to advise a person of his or her rights, according to the Miranda decision?

Before questioning

Corrections

Begins following sentencing, carries out sentence imposed on the defendant

Which of the following scenarios illustrates a failure to provide criminal justice?

Chris, a police detective, falsely implicates an innocent man in a rape case.

Donna quit her job at Portland, Inc. and joined a rival company. Portland, Inc. accused her of breaking her contractual obligations and decided to take her to court. In this scenario, which component of social justice is involved?

Civil justice

criminal courts

Conduct fair and impartial trials Decide criminal cases Ensure due process Determine guilt or innocence Impose sentences on the guilty Uphold the law Require fairness throughout the justice process Protect the rights and freedoms of anyone facing processing by the justice system Provide a check on the exercise of power by the other justice system agencies

Evidence-Based Practice (EBP)

Crime-fighting strategies that have been scientifically tested and are based on social science research.

sustainable justice

Criminal laws and criminal justice institutions, policies, and practices that achieve justice in the present without compromising the ability of future generations to have the benefits of a just society.

Police:

Enforce the law Investigate crimes Apprehend offenders Reduce & prevent crime Maintain public order Ensure community safety Provide emergency & related community services Protect the fundamental rights & freedoms of individuals

Which of the following individuals most likely supports the individual responsibility perspective?

Evan, who believes offenders choose crime because it is exciting

A state department of criminal justice is using a new crime-fighting strategy to reduce crime. The strategy was scientifically tested and was ready to be implemented. Which of the following methods did the department use to develop the strategy?

Evidence-based practice

Jacob is a suspect in a burglary case who has been arrested by the police. A judge tells him the charges against him and advises him of his rights. The judge also sets bail. Which stage of the criminal justice process is Jacob experiencing?

First appearance

During the past 30 years, which of the following most greatly contributed to a change in the dominant philosophy of criminal justice in America, with more emphasis being placed on public safety and societal order, rather than on guaranteeing individual rights?

Frequent, random mass shootings across the country

Individual Rights:

Guaranteed to all U.S. people in the U.S. constitution and the Bill of Rights.

Information or Indictment

In some states the prosecutor may seek to continue the case against a defendant by filing an information with the court. Other states require an indictment be returned by a grand jury. The grand jury hears evidence presented by the prosecutor and decides whether the case should go to trial.

Which of the following cases would fall under civil justice?

Jeff applies for a job and is turned down because of his sexual orientation.

Which of the following individuals is most likely to be a public-order advocate?

Juan, who supports the targeting of certain ethnic groups for "stop-and frisks," in an attempt to identify possible terrorists

sentencing

Judge determines punishment but before in the sentencing hearing, both sides present evidence to sway the judge.

You are charged with a crime and do not want to spend the money to pay an attorney to represent you. You ask the court to appoint an attorney for you, even though you can afford to hire one for yourself. Will the court comply with your request, and why?

No, because the court only provides attorneys to defendants who cannot afford to hire counsel.

concurrent sentence

One of two or more sentences imposed at the same time, after conviction for more than one offense, and served at the same time. Also, a new sentence for a new conviction, imposed upon a person already under sentence for a previous offense, served at the same time as the previous sentence.

consecutive sentence

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. Also, a new sentence for a new conviction, imposed upon a person already under sentence for a previous offense, which is added to the previous sentence, thus increasing the maximum time the offender may be confined or under supervision.

public-order advocates

One who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights.

Individual-rights advocate

One who seeks to protect personal freedoms within the process of criminal justice.

Which of the following crimes increased significantly during the Prohibition period in the United States?

Organized Crime

Reentry

Probation, parole, or prison. Combination as well.

Prioritize prosecutions

Protecting Americans from national security threats Protecting Americans from violent crime Protecting Americans from financial fraud Protecting the most vulnerable members of society

Which of the following scenarios best illustrates the consensus model of the American criminal justice system?

Robert, who is accused of armed robbery, is arrested and sentenced to five years in prison following a speedy trial.

Which of the following statements best defines social justice?

Social justice encompasses all aspects of civilized life, such as fairness, cultural beliefs of right and wrong, and the relationship of individuals.

Which of the following scenarios best illustrates the conflict model of the American criminal justice system?

Teresa, a correctional officer, attempts to increase the number of offenders who are released on parole, to reduce the problem of overcrowding in the prison.

Criminal Justice System

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 are law enforcement, courts, and corrections.

Civil Justice

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.

social order

The condition of a society characterized by social integration, consensus, smooth functioning, and lack of interpersonal and institutional conflict. Also, a lack of social disorganization.

Trial

The court process to determine whether someone committed a criminal act

Criminal Justice

The criminal (penal) law, the law of criminal procedure, and the array of procedures and activities having to do with the enforcement of this body of law.

Procedural Justice:

The implementation of fair and equitable procedures in the administration of justice.

Which of the following has contributed to the increased use of evidence-based practices in the criminal justice system?

The increasing professionalization of criminal justice as a career field and a field of study

First appearance

The initial appearance of an arrested individual before a judge, who determines whether there was probable cause for the arrest. If the judge ascertains that probable cause did not exist, the individual is freed.

Bail

The money or property pledged to the court or actually deposited with the court to effect the release of a person from legal custody.

Administration of Justice

The performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.

National Institute of Justice (NIJ)

The research, development and evaluation agency of the U.S. Department of Justice

social control

The use of sanctions and rewards within a group to influence and shape the behavior of individual members of that group.

Francisco has been convicted of three burglaries. The judge has imposed a prison sentence for each burglary. However, she says that Francisco may serve all three sentences at the same time. What type of sentence has the judge ordered?

a concurrent sentence

Arraignment

a hearing in which a suspect is charged and pleads guilty or not guilty or contest. You can still be issued guilty if you plead contest but it does not count as an admittance of guilt.

Grand jury

a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial.

Investigation

after a crime has been discovered, evidence is gathered and follow-up investigations to help reconstruct the sequence of events. Attempts to identify suspects.

Individual Rights Guaranteed by the Bill of Rights

assumed innocent until proven guilty a right against unreasonable searches a right against arrest w/o probable cause a right against unreasonable seizure of personal property a right against self-incrimination a right to protection from physical harm throughout the justice process a right to an attorney a right to know the charges a right to cross-examine prosecution witnesses a right to speak and present witnesses a right for double-jeopardy a right against cruel or unusual punishment a right to due process a right to a speedy trial a right to assistance of council in criminal proceedings a right against excessive bail a right for equality

Crime:

conduct in violation of the criminal laws of a state, the federal government, local jurisdiction which there is no legally acceptable justification or excuse.

Jerome H. Skolnick's research showing that the police preferred to use clearance rates as a measure of police effectiveness in solving crimes demonstrates support for the _______ model

conflict

The ________ model is a criminal justice perspective that assumes that the system's components work together harmoniously to achieve justice.

consensus

Jean, a Creole-speaking suspect who does not understand English, is charged with grand larceny. At his first appearance following his arrest, the court provides Jean with a Creole interpreter to understand the criminal charges filed against him, his rights, and the opportunity for bail. The provision of a Creole interpreter by the court is an example of the operation of _______ in the criminal justice system.

cultural competence

social diversity

differences between social identity groups based on social categories such as race, gender, sexuality, class, etc.

Ray has been charged with first-degree murder and is facing a jury trial. To ensure that Ray's rights are protected, the court should make decisions using a ________ model.

due process

Perceptions of undocumented immigrants from Latin America concerning the fairness of the police and American criminal laws reveal the influence of _________ in the criminal justice system.

multiculturalism

Cathy was arrested for vehicle theft and taken to court. The judge held a session to determine whether there was probable cause to believe that a crime was committed and that Cathy was guilty. Which stage of pretrial activities is illustrated in this scenario?

preliminary hearing

George has been arrested and is being held by the police. He is brought before a judge so that the judge can decide if there is sufficient probable cause to continue the justice process. Which stage of the justice process is George experiencing?

preliminary hearing

criminology

scientific study of crimes and criminals

evidence-based

supported by scientific evidence

arrest

taken into custody, limiting the arrestee's freedoms-arrestee is made aware of the Miranda Rights.

cultural competence

the ability to interact effectively with people of different cultures

Who is responsible for interpreting and clarifying the due process guarantees of the Bill of Rights?

the courts

Suzette has been charged with second-degree murder and is awaiting trial. Which model of criminal justice will most likely focus on the need to protect Suzette from any injustice at the hands of the criminal justice system?

the due-process model

Booking

the formal process of making a police record of the arrest-fingerprints, personal information (address, date of birth, weight, and height), and pictures. DNA as well.

Procedural Fairness

the process by which procedures feel fair to those involved are made.

In 1984, Fred was convicted of a crime and sentenced to three years in prison. He was surprised at the severity of his sentence, and his attorney pointed out that the president had declared a "war" against the type of crime he had committed. Fred was most likely sentenced for ________.

the sale and use of illicit drugs