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Chapter 1 C.J.
Chapter 1, the Focus of This Book-Individual Rights and Public Order
| Question | Answer |
|---|---|
| Individual Rights | The rights guaranteed to all members of the American society by the U.S. constitution. Especially those found in the first ten amendments to the constitution, known as the Bill of Rights. |
| Crime In the Last Half-Century | Mid 1980's - Increased criminal activity was attributed to illegal drug use. |
| Individual-Rights Advocate | One who seeks to protect personal freedoms within process of criminal justice. |
| Justice | One who believes that under certain circumstances involving a criminal threat to public safety, the interests of society should take precedence over individual rights. |
| Criminal Justice | Involves the criminal law. The array of procedures and activities having to do with the enforcement of criminal law, and the law of criminal procedure. |
| Civil Justice | Concerns itself with fairness in relationships among citizens, government, agency's, and business in private matters, that involve contractual obligations business dealings, hiring practices, and equality of treatment. |
| Social Justice | An ideal that embraces all aspects of life. Linked to fairness and cultural beliefs of right and wrong. |
| Criminal Justice System | The agencies of law enforcement courts, and corrections. Most people agree that laws against murder, rape, and assaults and other serious crimes are necessary. |
| Consensus Model | Assumes that the system's subcomponents work together in harmony to achieve the social product we call Justice. |
| Conflict Model | Assumes that the criminal justice system's subcomponents function primarily to serve their own interests. The component parts of the system are fragmented, leading to a criminal justice non-system. |
| Investigation and Arrest | The modern justice system begins with investigation. |
| Warrant | A writ by a court directing a law enforcement officer to preform a specified act and protecting him/her from damages. |
| Miranda v. Arizona (1966) | Defendants are usually advised of their constitutional rights in this famous supreme court decision. |
| Booking | The stage of the criminal justice process involving taking pictures and fingerprints of the suspect. |
| Bail | The money or property pledged to the court or deposited with the court to affect the release of a person from Custody. Bail is usually set at the First Appearance. |
| Preliminary Hearing | 1. Whether a crime was committed. 2. Whether the crime was committed in the court's jurisdiction. 3. Whether there are reasonable grounds to believe the defendant committed the crime. |
| Probable Cause | A base set of facts that would lead a reasonable person to believe a crime is or has been committed. In that, it is less than absolute fact, but more than mere suspicion. |
| Grand Jury | A group of people selected to hear evidence against an accused person to determine if there is enough evidence to bring that person to trial. |
| Indictment | A formal written accusation submitted to the court by a grand jury alleging that a specified person has committed a specified offense. |
| Arraignment | The hearing before the court of jurisdiction to...Identify the defendant. Inform of the charges. Defendant is required to enter a Plea. |
| Acceptable Pleas Include... | Not Guilty, Guilty, and Noto Contendere - No Contest. Judges can reject a guilty plea if they think the guilty plea was made under duress. |
| Trial | The stage of the criminal justice program process that examines issues of facts and law for the purpose of reaching a judgement or conviction (guilty) or acquittal (not guilty). |
| Consecutive Sentence | An offender serves one sentence after another is completed. (Ex) Six year sentences - 12 year sentence. |
| Concurrent Sentence | Allows the offender to serve two or more sentences at the same time. (Ex) Six year sentences - six years. |
| The Judge Considers the following when making a decision: | Emotional state of the defendant. Social background of the defendant. Criminal history of the defendant. |
| Corrections | Once an offender has been sentenced, the stage of "corrections" begins. |
| Parole | Freeing a prisoner after serving a specified portion of the prison sentence. |
| Due Process | A right guaranteed by the Fifth, Sixth, & Fourteen Amendments. |
| Warren Court (1953-1969) - Chief Justice Earl Warren | Remembered for it's concern with protecting the innocent against massive power of the state in criminal proceedings. |
| Gideon v. Wainwright | Mandated that states provide lawyers for defendants who are unable to pay for them. |
| Crime Control Model | Empathizes the efficient arrest and conviction of criminal offenders. |
| Due Process Model | Emphasizes individual rights. |
| Criminology | The scientific study of crime causation and prevention, and the rehabilitation and punishment or offenders. |
| Victimology | The scientific study of crime victims and their victimization. |
| Every Crime goes with: | Investigation, Arrest, Booking, First appearance, Arraignment, Preliminary Hearing, trial, sentencing if found, guilty. (Probable Cause) |
| Public-Order Advocate | One who believes that under certain circumstances involving a criminal threat to public safety, the interest of society should take precedence over individual rights. |
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Cats0001
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