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CJ Chapter 1
| Question | Answer |
|---|---|
| institution of social control | An organization that persuades people, through subtle or not-so-subtle means, to abide by the dominant values of society. |
| jurisdiction | A politically defined geographical area. |
| misdemeanors | Less serious crimes generally punishable by a fine or by incarceration in jail for not more than 1 year. |
| felonies | Serious offenses punishable by confinement in prison for more than 1 year or by death. |
| arrest | The seizing and detaining of a person by lawful authority. |
| booking | The administrative recording of an arrest. Typically, the suspect's name, the charge, and perhaps the suspects fingerprints or photograph are entered in the police blotter. |
| defendant | A person against whom a legal action is brought, a warrant is issued, or an indictment is found. |
| initial appearance | A pretrial stage in which a defendant is brought before a lower court to be given notice of the charge(s) and advised of her or his constitutional rights. |
| summary trial | An immediate trial without a jury. |
| probable cause | A standard of proof that requires evidence sufficient to make a reasonable person believe that, more likely than not, the proposed action is justified. |
| bail | Usually a monetary guarantee deposited with the courts to ensure that suspects or defendants will appear at a later stage in the criminal justice process. |
| preliminary hearing | In a felony, a pretrial stage at which a judge determines whether or not there is probable cause. |
| grand jury | A group of citizens who meet to investigate charges coming from preliminary hearings. |
| information | A document that outlines the formal charge(s) against a suspect, the law(s) that have been violated, and the evidence to support the charge(s). |
| arraignment | A pretrial stage to hear the information or indictment and to allow a plea. |
| plea bargaining | The practice whereby a specific sentence is imposed if the accused pleads guilty to an agreed-on charge or charges instead of going to trial. |
| bench trial | A trial before a judge without a jury. |
| probation | A sentence in which the offender, rather than being incarcerated, is retained in the community under the supervision. |
| parole | The conditional release of prisoners before they have served their full sentences. |
| system | A smoothly operating set of arrangements and institutions directed towards the achievement of common goals. |
| crime control model | One of Packer's two models of the criminal justice process. Politically, it reflects traditional conservative values. In this model, the control of crime behavior is the most important function of criminal justice. |
| due process model | One of Packer's two models of the criminal justice process. Politically, it embodies traditional liberal values. In this model, the principal goal of the criminal justice system is at least as much to protect the innocent as it is to convict the guilty. |
| doctrine of legal guilt | The principle that people are not held guilty of crimes merely on showing reliable evidence, that they did the crime. Legal guilt results only when factual guilt is determined in a standard way and when the procedural rules designed to protect are employ |
| myths | Beliefs based on emotion rather than analysis. |
| Most common call for police service? | Parking violation 12.5% |
| Five institutions of social control | family, school, organized religion, media, law/criminal justice |
| Criminal Justice differs from the other institutions of social control by | only concerned with criminal behavior and it is society's "last line of defense" against people who refuse to abide by dominant social values and commit crimes |
| Criminal justice in the United States is administered by a loose confederation of more than _______ agencies of federal, state, and local governments. | 50,000 |
| The criminal justice system includes | police, courts, and corrections |
| Which part of the criminal justice system has the most number of different agencies? | police |
| Similarities between agencies of the criminal justice system are dictated by | state/federal laws or the US Constitution |
| Criminal Justice Step 1 | A crime is committed and reported |
| Criminal Justice Step 2 | An investigation (prove crime happened, prove who did it, find hard evidence) |
| Criminal Justice Step 3 | Arrest the offender (arrest warrant) |
| Criminal Justice Step 4 | Booking into jail (identify the person with personal information/description on booking paper(used to keep track of people, family, and employment), fingerprints) |
| Criminal Justice Step 5 | To charge or not to charge (prosecutor decides, also decides what to charge) |
| Criminal Justice Step 6 | Initial appearance (notified of charges/rights, suspect to defendant) |
| Criminal Justice Step 7 | Preliminary hearing (judge determines probable cause(reasonable proof the person committed the crime)) |
| Criminal Justice Step 8 | Arraignment (last ditch effort to get a plea deal) |
| Criminal Justice Step 9 | Trial (bench or jury trial) |
| Criminal Justice Step 10 | Sentencing (probation, fines, jail time, death, intermediate punishments) |
| Criminal Justice 11 | Out of system |
| When does the criminal justice system start? | When a crime is committed and reported or when the police witness/discover a crime has been committed. |
| What happens after a suspect is arrested? | They are booked at the police station |
| Within 24-48 business hours what happens? | You have to be told why you're charged |
| What happens after the arrest and booking? | The prosecutor reviews facts and available evidence and decides whether to charge the suspect with a crime. |
| What happens if no charges are filed within 24-48 hours? | The suspect must be released. |
| What two things happen at an initial apperance? | The suspect is notified of constitutional rights and formal charges. Suspect becomes defendant. (brought to lower-court judge) |
| When can a summary trial be held? | In the case of a misdemeanor or ordinance violation |
| In the case of a felony, a hearing is held to determine... | whether the defendant should be released or whether there is probable cause to hold the defendant for a preliminary hearing |
| When can bail be set? | If a suspect is being held for a preliminary hearing. |
| Who sets bail? | A judge |
| misdemeanor vs. felony | seriousness of crime, seriousness of punishment, jail vs prision |
| jail vs. prison | Jail is local and each county has their own, only for short term stay. Prisons are state or federal and only for long term stay, longer than a year. |
| Anything more than ____ years most likely to go to prison. | 2 |
| If the judge at a preliminary hearing finds probable cause, the defendant is bound over for possible... | indictment or arraignment |
| arraignment is when... | the sides present their case in a mediator session, last chance for a plea deal |
| ____ of all criminal cases result in a plea deal | 95% |
| A plea deal is a ____ for everyone. | win |
| When can plea bargains happen? | anytime |
| What does a grand jury determine? | If there is probable cause to believe that the accused committed the crime that the prosecutor has charged them with. |
| When is a defendant scheduled for an arraignment/ | Once an indictment or information is filed with the trial court. |
| What percent of criminal cases are bench trials and jury trials? | Bench trail 3%. Jury trial 2%. |
| What percent of criminal cases go to trial? | 5% |
| If the defendant is found guilty as charged then... | the judge(and sometimes jury) begin to consider a sentence. |
| If the defendant is found not guilty... | the defendant is released. |
| When is a grand jury used? | A grand jury is used to determine probable cause in a murder case or when law enforcement is on trial. |
| How often is a grand jury used? | rarely |
| time to trial for misdemeanors | 2-2.5 years |
| time to trial for murder | 3-3.5(4-5) |
| Five types of punishments used in the United States | fines, probation, intermediate punishments, imprisonment, death |
| Intermediate punishments include... | community service, AA, rehab |
| A judge is free to set any sentence as long as | they impose one or a combination of the five punishments, and the sentence length and type are within statuary limits. |
| Murder statutory limit | 25 to life |
| How long is life in prision | 55 years |
| How can a defendant appeal their conviction? | Either on legal or constitutional grounds. |
| Legal grounds for appeal include | defects in jury selection, improper admissions of evidence at trial, mistake intentions of law |
| Constitutional grounds for appeal include | illegal search and seizure, improper questioning by police, incompetent assistance from counsel |
| When is a defendant eligible for parole? | After serving part of their sentence, and if they had good behavior. |
| Parole vs. probation | Parole is a reward and determined by the department of corrections. Probation is a punishment and is court ordered. They are both supervised releases. |
| What happens if you mess up while on parole? | You have to go back to jail/prison and serve your parole sentence again. |
| What is the criminal justice system? | A non-system |
| Reason 1 the criminal justice system is a non-system | It is a loose confederation of many Independent criminal justice agencies at all levels of the government. The only requirements they share are those set by the the US Constitution. |
| Reason 2 the criminal justice system is a non-system | There is considerable conflict and confusion between different agencies of criminal justice. These act as a series of checks and balances. |
| Who created the two models of the criminal justice system? | Herbert Packer |
| The two models are? | due process model and crime control model |
| Which model is the US? | due process model |
| Main focus of crime control model? | efficiency in the operation of the criminal justice system and for the government to save money |
| Crime control model is based on | "the presumption of guilt" |
| advocates of the crime control model assume | that if police have time and effort to arrest someone and the prosecutor charges them, then the suspect is guilty |
| Who has to spend the money in the crime control model? | The defendant as to pay to prove their innocence |
| The due process model is based on | the doctrine of legal guilt and presumption of innocence |
| In the due process model you have to find people both | factually guilty and legally guilty |
| The due process model defends the idea of | personal freedom and its protection |
| The due process model prevents | the government from having too much power |
| The crime control model has ____ jail time. | less |
| Who pays in the due process model? | the government |
| The juvenile system is _____ | a crime control model |
| In the juvenile system, kids don't go to jail unless | they committed a violent crime |
| Since the mid _____ the crime control model has dominated the practice of criminal and juvenile justice in the US | 1970s |
| In 2009, local, state, and federal governments spent a total of _______ in direct expenditures for the civil and criminal justice systems. | $258 billion |
| who pays most the costs of the criminal justice system? | state and local governments |
| Local governments spent _____ of the total spent on police protection. | 67% |
| State governments spent nearly ____ of the total on corrections. | 58% |
| Local and state governments split the expense of judicial and legal services, with each spending about ____ of the total. | 40% |
| About _____ out of every tax dollar is spent on criminal justice (includes federal tax dollars). | 4 cents |
| More than ____ of Americans thinks the government should spend more. | half |
| Most of Americans views of criminal justice are wrong and based on.... | myths and social media |
| Crime is _______ in the media | sensationalized |
| Who charges a suspect with a crime? | the prosecutor |
| What is the fundamental problem with the types of crime routinely presented in the media? | The types of crime shown are rare and sensationalize and do not provide the public with an accurate picture of the criminal justice system and of what crimes are committed. |
| What is the most frequent type of call for police service in Long Beach, California, during the period examined in the text? | parking violation |
| Why is criminal justice sometimes called society's "last line of defense"? | Because it is the "last line of defense" against the people who refuse to abide by dominant social values and commit crimes. Generally, society turns to criminal justice after all other institution have failed. |
| What three agencies make up the criminal justice system? | the police, the courts, and corrections |
| What is the difference between a misdemeanor and a felony? | Misdemeanors are less serious crimes punishable by a fine or no more than a year in jail whereas felonies are more serious crimes nonpunishable by a year or more in prison. |
| Who decides whether to charge a suspect with a crime? | the prosecutor |
| What is a defendant and when does a suspect become a defendant? | A defendant is a person against whom legal action is brought, a warrant is issued, or an indictment is found. A suspect becomes a defendant after the charges are filed against them and he is brought to his initial appearance. |
| What is the difference between an initial appearance and a preliminary hearing? | An initial appearance is when the defendant is informed of their constitutional rights and charges, whereas a preliminary hearing is when a judge, or grand jury, decides if there is probable cause. |
| Why are the conflicts between different agencies of criminal justice not entirely undesirable? | Because they occur in the context of checks and balances by which the courts endure that the law is enforced according to constitutional principals. |
Created by:
FalconLando
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