Criminal Justice System

6. Mens Rea

"guilty mind" act is not a crime unless it is accompanied by a guilty mind. first degree murder- planned intentional killing. separates harmful accidents from harm-causing crimes.

Strict liability (mens rea)

(exception to mens rea requirement) an obligation or duty that when broken is an offense that can be judged criminal without showing of mens rea, usually applied to regulatory offenses involving health and safety

M'Naghten Rule

(right from wrong test) during act, person is disease of mind or knows what he is doing but not know what it is wrong

Characteristics of CJS

1. Discretion 2. Resource Dependence 3. Sequential Tasks 4. Filtering

In a democratic society, citizens have constitutional rights, the CJS reflects...

1. How much power should police have to search a person or property without search warrant 2. Rules of evidence (affects police, prosecutors, and judge's decisions at trial) 3. Power of prison officials 4. Protections of the accused during pretrial processing

4 major duties of police

1. Keeping the peace- protection of people and rights 2. Apprehending violators and combating crime- accounts for small proportion of police time and resources 3. Preventing Crime- educating public about threat of crime and reducing the number of situations in which crime is likely to be committed 4. Providing social services- recover stolen property, direct traffic, emergency medical aid, and others

3 aspects of American police from England legal tradition

1. Limited authority 2. local control 3. fragmented organization

Doing Justice

1st goal of CJS foundation of the rules, procedures, and institutions that make up the American Criminal justice system. Fairness is essential (Due Process Model) 3 principles 1. offenders will be held fully accountable for their actions 2. the rights of persons who have contact with the system will be protected 3. like offenses will be treated alike and officials will take into account relevant differences among offenders and offenses (discretion)

Controlling crime

2nd goal of CJS CJS designed to control crime by arresting, prosecuting, convicting, and punishing those who disobey law. system of controlling crime must be in framework of law, reflects American values (crime control model)

Preventing crime

3rd goal of CJS deterrent depends on actions of police, courts, and corrections Technology used for crime prevention Citizens can't take law into own hands, but can help

9. Trial

6th amendment guarantees right to a trial by an impartial jury if the charges are serious enough to warrant prison sentence of more than 6 months. most trials are summary or bench trials- conducted without jury. Only 10% go to trial Procedures set out by state law and Supreme court rulings

Professional Model Era 1920-1970

American policing influenced by Progressive Movement who wanted more efficient government and more government service to help less fortunate six elements 1. Force stay out of politics 2. members should be well trained, disciplined, and tightly organized 3. laws should be enforced equally 4. Force should use new technology (motorcycles, fingerprinting, two-way radio) 5. Personnel procedures should be based on merit 6. Main task of police should be fighting crime. refocused on crime control and away from maintaining order

Excessive Fines

Austin v. U.S.- Supreme Court in 1993 ruled that forfeiture of property related to criminal case can be analyzed for possible violation of the excessive fines clause U.S. v. Bajakajian- forfeiture constituted an impermissible excessive fine 8th amendment

Written Law

Complexity of documenting criminal law arises from unpredictable array of individual circumstances that can arise in criminal cases Lawyers and judges always have a role in shaping and changing the meaning of substantive and procedural law

Substantive Criminal Law

Congress decides which behaviors the government will define as criminal and punishment imposed on convictions Answers "what is illegal?"

Pre-Modern Society

Crime and Justice is defined by local traditions/ religious beliefs with few protections against the accused. Crime and justice treated as a private matter- a matter between tribes

Resource Dependence

Criminal Justice agencies rely on other agencies for funding like legislators and mayors they need good relations with. Consequences- law enforcement and the courts are susceptible to being transformed into political arm of state legislators, city councils. Discretion is used as a means to placate politicians and voters. CJS not independent of political influence

2. Actus Reus

Criminal Laws are aimed at human acts, including acts that a person failed to undertake. U.S. Supreme court ruled that people may not be convicted of a crime because of their status. Can't be arrested because they are addicted to drugs

Constrictive intent (mens rea)

Criminal liability is tied to an unintentional act through negligence or recklessness (drunk driving)

Modern Society

Formal adjudication processes with protections against the accused. Transparent system with clear distinction between crime and the process for determination of guilt, can't be charged with a crime before it becomes a crime. Crime and justice is viewed as public matter- government is responsible for defining and providing formal and visible adjudication(trial) process for handling those suspected of committing a crime, the public is involved in determining what crime is

Procedural Due Process

How state must process cases constitutional requirement that all people be treated fairly and justly by government officials. An accused person can be arrested, prosecuted, tried, and punished only in accordance with procedures prescribed by law Judges interpret provisions of U.S. and state constitution

The Next Era: Homeland Security?

Intelligence-led policing- approach to policing that emphasizes gathering and analyzing information to be shared among agencies in order to develop cooperative efforts to identify, prevent, and solve problems

5 tests of criminal responsibility involving insanity

M'Naghten Rule, Irresistible Impulse Test, Durham Rule, the Model Penal Code's substantial capacity test, and test defined in federal Comprehensive Crime Control Act of 1984

How do public policy issues emerge and become a law?

Media press-> Public Perception of Crime-> Politicians/ Gov't officials attempts to gain favor with electorate by emphasis on crime-> Legislative/Referendum policies

1. Legality

Must be a law that defines the specific action as a crime. Forbids ex post facto (after the fact) laws

3. Causation

Must be casual relationship between an act and the harm suffered

7. Punishment

Must be provision in the law calling for punishment of those found guilty of violating the law

Corrections

No typical correctional agency. Made of a variety of agencies and programs by private and public organizations Less than 30% of convicted offenders are in prisons or jails, rest are supervised in community like probation and parole

1967 Law Enforcement and Administration of Justice

President described criminal justice as "enforce standards of conduct necessary to protect individuals and the community" 3 goals- 1. doing justice 2. controlling crime 3. preventing crime

8th amendment

Protection against excessive bail, excessive fines, and cruel and unusual punishment. bail is so accused allowed to be released from jail while waiting trial. Does not require all defendants have bail, only amount not be excessive Rehnquist court- United States v. Salerno and Caferno- Supreme Court upheld Bail Reform Act of 1984 that allows federal judges to detain without bail suspects who are considered dangerous to the public

Administrative Regulations

Rules made by government agencies to implement specific public policies in areas such as public health, environmental protection, and workplace safety. Made by federal, state, and local agencies Many of the rules are part of criminal law, and violations are processed through CJS

Cruel and Unusual Punishment

Trop v. Dulles- Chief Justice Earl Warren declared that judges must use values of contemporary society (society at the time) to determine whether a specific punishment is cruel or unusual 8th amendment Furman v. Georgia- Supreme Court held that death penalty was applied in an arbitrary and discriminatory way Gregg v. Georgia- Supreme Court held that capital punishment statutes are permissible if they provide careful procedures to guide decision making by judges and juries

Dual court system

U.S. has this. separate judicial system for each state in addition to a court system under national government. Each case is tried in a court of the same jurisdiction as that of the law or laws allegedly broken

13 steps in CJS

What are they and define you facking btch

8. Arraignment

accused person appears in court to his indictment or information by judge and to enter a plea. when a guilty plea is accepted as knowing and voluntary, there is no need for trial and judge imposes sentence. Plea bargaining tends to be completed shortly or soon after arraignment

4. Harm

act must cause harm to some legally protected value. harm can be to a person, property, or some other object that a legislator deems valuable enough to deserve protection through the gov't power to punish

Procedural Criminal Law

answers "How should the law be enforced?" it protects that constitutional rights of defendants and provides the rules that officials must follow in all areas of CJS U.S. supreme court and state supreme court define the meaning of rights in the U.S. constitution and state constitution DUE PROCESS MODEL

Discretion

authority to make decisions without reference to specific rules or facts, using one's own judgement, allows for individualization and informality in the administration of justice. discretion is needed because system lacks resources to treat every case the same way. Many officials believe discretion permits them to achieve greater justice that rigid rules would produce

Common Law

based on custom and tradition as interpreted by judges In Europe, system of civil law developed in which the rules were set down in detailed codes by governing authorities

Constitutions

basic laws of a country or state defining the structure of government and the relationship of citizens to that gov't

Grand Jury

body of citizens drawn from community to hear evidence from the prosecutor in order to determine if there is sufficient basis to move forward with criminal prosecution Entitlement to indictment by a grand jury only applies to federal courts

Political Era of policing 1840-1920

close ties between police and political leaders. police worked for mayor and not citizens Cities divided into precincts with full time paid patrolmen Performed services like soup kitchens, helped homeless

Occupational Crime

committed in context of legal business or profession ex. employee/company benefits from it, person with legal power/authority over others act illegally (planting/removing evidence, bribes), capacity of profession (medical doctors), individual as individuals (employee theft, false expense claims, embezzlement)

Tort

compensation for damage of property or people's injuries

Inchoate offense (4. Harm)

conduct that is criminal even though the harm that the law seeks to prevent has been merely planned or attempted but not done

Civil Forfeiture

confiscation of property by the state because it was used in or acquired through a crime especially in drug law enforcement Many believe it violates American Values of private property and Due Process

Colonial Era of policing

constable, sheriff, and night watchmen first law enforcement responsibilities watch system- primary means of keeping order, warning danger, and responding to reports of crime watchmen turned to paid uniformed watchmen slave patrols- organized forces to prevent slave revolts and to catch runaways

Four Sources of Law

constitutions, statutes, court decisions (case law or common law), and administrative law

Warrant

court order issued by a judge authorizing police offenders to take certain actions

Misdemeanor

crimes punishable by less than 1 year in county jail or correctional facility

Felony

crimes that punishable by death or imprisonment of 1 or more years in state or federal prison

Filtering

criminal justice officials screen out some cases while advancing other to the next level of decision making (crime control model) CJS described as a funnel

Sequential Tasks

decisions in CJS follow specific sequence otherwise goals would not be accomplished (Due Process Model)

Plea Bargain

defendant pleads guilty for a reduced sentence. as a result, prosecutor gains quick, sure conviction; offender receives shorter sentence; defense attorney can move on to next case (Crime Control Model)

11. Appeal

defendants who are found guilty can appeal based on court failed to follow procedures or defendants constitutional rights were violated. If appeal is successful, normally they go to an acquittal, second trail, or a plea bargain to lesser charges

entrapment

defense of lack of intent to commitment the illegal act Defense against criminal liability

Primary Function of Criminal Law

define behaviors that are criminal and the punishment to be imposed

Secondary Function of Criminal Law

describe procedures to be followed by those responsible for law enforcement, adjudication, corrections

Adjudication

determining whether defendant is guilty or not with fair procedures, reliable decisions, and appropriate punishment

Disparity

difference between groups that can be explained by legitimate factors ex. Certain groups commit more crime

Malice aforethought

distinguishes murder from manslaughter, murder is deliberate and premeditated and willful killing of another human being 1. defendants knew their behavior had a strong chance of causing death, showed indifference to life, and thus recklessly engaged in conduct that caused death 2. defendants caused death while committing a felony

Immaturity

due to age, the person is considered too immature to have a guilty mind (mens rea)- lack of responsibility for his actions. Common law excuses illegal action by persons younger than 7 yrs old. Prosecutors have pursued criminal charges of 7-14 claiming that the child has mental capacity to have a guilty mind (mens rea) Defense against criminal liability

Expansion of Federal Involvement

federal grants directed to states to support criminal justice initiatives like war on drugs, terrorism FBI investigates areas where local police are less effective TSA assumed responsibility for protecting travelers and interstate commerce biggest change in federal CJS was when Congress enacted legislation to create new Department of Homeland security in 2002

Discrimination

groups are deferentially treated without regard to their behavior or qualification ex. Decisions based on race and gender

Frankpledge

groups of ten families, tithings, agree to uphold the law, keep order, and bring violations to a court

Rape

hard to prove actus rea and mens rea because hard to prove intercourse occured without consent. Rape victims feel humiliated when their identities are revealed Sexual penetration as first degree rape in some states Sexual contact as second degree

Court Decisions (case law or common law)

have status of law and serve as precedents for later decisions precedent remains important aid to lawyers and judges in interpreting penal codes

7. Indictment/ Information

if preliminary hearing leads to information or grand jury vote leads to indictment then prosecutor prepares the formal charging document and presents it to court

6. Preliminary Hearing/ grand jury

if there is enough evidence, the accused is bound over for arraignment on an information- document charging the suspect with a specific crime. Grand Jury reinforces the value of limited government by giving citizens the authority to overrule police and prosecutors who might deprive people of liberty in unjustified circumstances

Mistake of fact

ignorance of the law is no excuse for committing an illegal act Defense against criminal liability

manslaughter

includes death resulting from an attempt to defend oneself that was not fully excused as self-defense or a death resulting from recklessness or negligence

5. Concurrence

intent and act of crime must be present at same time. Felony-murder requires intent to commit a felony and death occurs during the act, also applies to accomplice

Domestic Violence

intimate partner violence or violent victimization between spouses, boyfriends, or those formerly in intimate relationships before 1970- domestic violence is private matter after 1970- viewed as public matter, police are to take action, police show less discretion in arresting

10. Sentencing

judges responsible for this. Make the sentence suitable to the offender and the offense within the limits set out by the law. Judge has options of suspended sentence, probation, imprisonment, fines, or community service

Intoxication

law does not relieve an individual of responsibility for acts performed while voluntarily intoxicated. If person is tricked into taking it then it can be used as a defense Defense against criminal liability

Civil Law

law regulating relationship between or among individuals and usually involving property, contract, or business disputes victims can win civil lawsuits even against defendants who have been acquitted of criminal charges Important for CJS because citizens can file lawsuits against against police officers and other government officials Both parties can appeal a decision

Statutes

laws passed by legislators, statutory definitions of criminal offenses are found in penal codes. Federal criminal laws passed by congress mainly deal with violations of property of U.S. government or with actions that involve national interest or more that one state (kidnapping and transporting across state). Only one level of government can prosecute

Bill of Rights

legal protections against actions of government

Sources of criminal law

main source is from common law of England (judge made law) England depended on inductive reasoning because judges looked at each similar case that came before them

Police functions

maintain order, enforce law, provide services to prevent crime 1. prevent and control conduct considered threatening to life and property 2. aid people who are in danger of harm, such as victim of a criminal attack 3. protect constitutional rights 4. facilitate the movement of people and vehicles 5. aid those who cannot care for themselves: drunk, addicted, mentally ill 6. Resolve conflict, whether between individuals, groups, or individuals and government 7. identify problems that could become more serious for the citizen, police, or government 8. create a feeling of security in the community

Sanctions

monetary damages under civil law

Community Policing Era 1970-Present

move away from crime fighting and towards on keeping order and providing services to the community Broken Windows Theory would help reduce crime Foot Patrols allows citizens to form better relations with police Demographics of police force should mirror demographics of community

Exchange

mutual transfer of resources; balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives

Death Penalty

new procedures require a trial to determine the defendants guilt and a separate hearing to determine whether the offender deserves the death penalty. During sentencing hearing, jury or judge must examine any aggravating factor (how the murder was done) that make the conduct of the offense deserving of the most severe punishment. Judge or jury must examine any mitigating factors (mental disability or level of education) that make the offender less deserving of death Rehnquist Court: 2002 Atkins v. Virginia- supreme court held that sentencing mentally retarded offenders to death does violate 8th amendment

Public Order Crime

not strong consensus about criminalizing these behaviors ex. vandalism, disorderly conduct, public drunkeness

Criminal Law

offense against society

Police Discretion

officers have power to deprive people of their liberty by arresting them, taking into custody, and use of force to control them Five factors of discretion 1. Nature of crime- less serious a crime is to the public, the more freedom officers have to ignore it 2. Relationship between alleged criminal and victim- closer the personal relationship, the more variable the use of discretion. Family squabbles may not be as they appear, and a spouse may later decide not to press charges 3. Relationship between police and criminal or victim- polite complaint will be taken more seriously that a hostile one. Suspect who shows respect to an officer is less likely to be arrested than one who does not 4. Race/Ethnicity, age, gender, class- although subject to debate, research shows that officers are more likely to strictly enforce the law against young, minority, and poor men while being more lenient to the elderly, whites, and affluent white women 5. Departmental Policy- policies of the police chief and city officials promote more or less discretion Police officers who are the most numerous, lowest ranking, and newest to police work have the most discretion

Criminal Justice as a System

orderly process in which a variety of professional's act on each case on behalf of society complex whole made up of interdependent parts whose actions are directed towards goals and influenced by environment in which they function subsystems- police, courts, corrections

5th amendment

outlines basic due process rights in criminal cases. Protection against self-incrimination and double jeopardy Protection against self-incrimination seeks to prevent authorities from pressuring people to act as witnesses against themselves Right against double jeopardy seeks to keep prosecutors from putting defendants on trial over and over again Protections against double jeopardy does not prevent two different trials based on same criminal acts as long as the trials are in different jurisdictions and based on different charges

Crime Control Act

overall legislative act that the sentencing reform act is embedded in Current federal law Only applies to those with severe mental illness

Duress (coercion)

person commits an illegal act due to coercion- court expects evidence that the person attempted to escape to show the individual had no choice but to act illegally Defense against criminal liability

Transferred intent (mens rea)

person intends to harm A but actually harms B. Mens Rea requirement is satisfied

Model Penal Code

person lacks substantial capacity to appreciate its conduct or to control criminal behavior

2. Arrest

physically taking a person into custody pending a court proceeding

1. Investigation

police believe a crime has been committed. Disadvantaged when traffic or public order crimes because offenders have fled already

The System Perspective

police, courts, corrections with unique contributions and goals; each must have contact with at least one other part of the system

12. Corrections

probation allows offenders to serve their sentences in the community under supervision, youthful offender, first-timers, minor violations. incarceration is very bad

4. Charging

prosecutors are key link between police and courts. Decide if there is reasonable cause to believe than an offense was committed and the suspect committed the offense. Sets in motion the adjudication process

Insanity

public believes many criminals "escape" punishment through the use of psychiatric testimony. About 1% of incarcerated offenders are held in mental hospitals because they were found they were found not guilty by reason of insanity

3. Booking

record made of arrest, fingerprinted, photographed, interrogated, and placed in lineup to be identified. Heard Miranda rights

Political crime

refers to behaviors by government or against government for ideological purposes ex. treason, espionage

6th amendment

right to speedy, fair, and public trial by an impartial judge, and right to counsel Gideon v. Wainwright- indigent defendants have a right to counsel when charged with serious crimes for which they could face six or more months incarcerated Burger court declared that attorneys need not be provided for discretionary appeals or for trials in which only punishment is fine

Precedents

rulings, established legal principles to be used on making decisions on similar cases

Defamation

slander or libel by making false statements that harm someone else's reputation, addressed by civil tort law

5. Initial Appearance

suspect brought to judge in reasonable time. suspect given formal notice of charge(s), advised their rights, chance to post bail, bail is connected to value of liberty Judge decides if there is enough evidence

Federalism

system of government in which power is divided between a central (national) government and regional (state) gov't constitution does not include CJS in federal government power, but FBI is national law enforcement most criminal justice activity occurs in state rather than national

3 Elements of crime

the act (actus reus), attendant circumstance, state of mind (mens rea)

Self-defense

the level of force used in the self-defense must not be greater than what a reasonable person would perceive as a threat or level of threat Defense against criminal liability

Necessity

the person breaks the law in order to save themselves or prevent a greater harm Defense against criminal liability

Jerome Hall's Seven Principles of Substantive Criminal Law

to convict a defendant of a crime, prosecutors must prove that all seven principles have been met. Defense attorney's try to prove one of these elements in unproven or acceptable under the law

4th amendment

unreasonable search and seizures Limits ability of police to detain person without justification Up to Supreme Court if search and seizure is reasonable or not Defense attorneys look closely at police actions to protect the rights of their clients by challenging the evidence obtained through improper searches Warren Burger expanded this

Cybercrime

use of computers/internet to commit act against persons, property, and public order/ morality

13. Release

when offender has served full sentence. Most offenders are returned to the community under supervision of a parole officer. Parole continues for the duration of the sentence or for a period specified by law. Parole may be revoked and offender returned to prison if conditions of parole are not met or parolee commits another crime

Victimless crimes

willing and private exchange of goods ex. prostitution, gambling

Organized crime

within a structure, set of rules, division of labor