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Introduction to CJ
CJ Unit 1 - Introduction To Criminal Justice
| Question | Answer |
|---|---|
| What is the definition of criminal justice? | "It is the set of laws, procedures, and agencies whose sole purpose is to identify and hold accountable those persons who have violated criminal laws." |
| What is a crime? | An illegal action or activity for which a person can be punished by law. |
| Justice involves two main thoughts: moral equity and _____. | fairness |
| Criminal justice professionals must balance an individual's rights with the need to maintain _____. | public order |
| What are the three primary components of the criminal justice system? | "Police, Courts, and Corrections." |
| What is the overall purpose of the criminal justice system? | To control and prevent crime while achieving justice. |
| What is proactive policing? | "A police response that occurs when the police, usually during patrol, observe a crime in progress." |
| What is reactive policing? | "A police response that occurs when the police respond to a request for assistance, typically after a 911 call." |
| Term: Arrest | "Definition: The taking of a person into physical custody by authority of law, for the sole purpose of charging that person with a criminal offense." |
| When are police officers required to read Miranda warnings to a suspect? | After they have been arrested but before any interrogation questions are asked. |
| The reading of Miranda rights stems from which 1966 U.S. Supreme Court case? | Miranda vs. Arizona. |
| What are the five conditions that must be present for a person's behavior to be considered criminal? | "It must violate a law, include Actus Reus, show Causation, include Mens Rea, and have Concurrence." |
| What does 'Actus Reus' refer to in the context of a crime? | "The guilty act, meaning the physical act of committing a crime." |
| What does 'Mens Rea' refer to in the context of a crime? | "The guilty mind, meaning the person intended to commit the crime." |
| What is the principle of 'causation' in criminal law? | The principle that the suspect's behavior must be a direct result or cause of the harm. |
| The legal principle that the guilty act (actus reus) and the guilty mind (mens rea) must occur together is known as _____. | concurrence |
| "What is factual causation, also known as 'but for' causation?" | A form of causation where the victim would not have died 'but for' the direct actions of the suspect. |
| What is legal causation? | "A form of causation where a person's actions were an operating and substantial cause of harm, having started the chain of events that led to it." |
| What is the first stage of the criminal justice process? | A crime must allegedly occur. |
| Term: Booking | "Definition: The process after arrest where a suspect is formally documented into the criminal justice system, involving taking personal information, mug shots, and fingerprints." |
| What is the purpose of a suspect's first appearance before a judge? | "To have charges formally read, to inform the court about legal representation, and to have a bail amount set." |
| A suspect will typically see a judge for the first time within how many hours of their arrest? | Usually within 24 hours. |
| What is the purpose of a preliminary hearing? | For the prosecutor to demonstrate to the court that probable cause exists to believe the suspect committed the crime. |
| "If a Grand Jury decides there is enough evidence to go to trial, they will issue an _____." | indictment |
| Term: Arraignment | Definition: The court proceeding where charges are read against the suspect and the suspect enters a plea. |
| What standard of proof must the prosecutor meet to prove a suspect is guilty at trial? | The prosecutor must prove the suspect is guilty beyond a reasonable doubt. |
| "What is the final stage of the criminal justice process, where the sentence is carried out?" | Corrections. |
| How is an amendment to the U.S. Constitution formally adopted? | It must first be proposed by a two-thirds vote in Congress and then ratified by three-fourths of the states. |
| Which five amendments are considered the due process amendments? | "The 4th, 5th, 6th, 8th, and 14th amendments." |
| The 4th Amendment prohibits _____ searches and seizures. | unreasonable |
| "Which Supreme Court case established the exclusionary rule, stating that illegally obtained evidence cannot be used at trial?" | Weeks vs. US. |
| What is the 'fruit of the poisonous tree' doctrine established by Silverthorne Lumber Co. vs. US? | "It states that if the source of any new evidence was obtained illegally, that new evidence can also not be used at trial." |
| The 5th Amendment's _____ Clause states that a person cannot be tried for the same crime twice. | Double Jeopardy |
| The right to remain silent to avoid being a witness against oneself is protected by which clause in the 5th Amendment? | The Self-Incrimination Clause. |
| Which amendment guarantees the right to a speedy and public trial by an impartial jury? | The 6th Amendment. |
| The 6th Amendment's _____ Clause gives the accused the right to have witnesses who are accusing them be present in court for cross-examination. | Confrontation |
| "The 8th Amendment prohibits excessive bail, excessive fines, and _____." | cruel and unusual punishments |
| How did the 14th Amendment's Due Process Clause affect the application of the Bill of Rights? | "It applied the due process amendments to the state and local levels, not just the federal level." |
| What does the Equal Protection Clause of the 14th Amendment require of states? | It requires each state to provide equal protection under the law to all people within its jurisdiction. |
| What are the three primary goals of criminal justice? | "To control crime, to prevent crime, and to achieve justice." |
| Describe the Discretionary Model of criminal justice. | "This model demonstrates that at each stage of the criminal justice process, professionals must make a choice or use discretion." |
| "What are the four tiers of the Wedding Cake Model, from bottom to top?" | "Misdemeanors, Less Serious Felonies, Serious Felonies, and Celebrated Cases." |
| "In the Systems Model of criminal justice, crime is the _____ and corrections is the _____." | "input, output" |
| Which model of criminal justice illustrates that only a small percentage of criminals end up in prison out of all crimes committed? | The Funnel Model. |
| What is the Consensual Model of criminal justice? | "A model where the 'courtroom workgroup' agrees on what a normal crime is and what the punishment should be, often using plea agreements." |
| What is the Adversarial Model of criminal justice? | A model where the trial is a contest between two adversaries (prosecution vs. defense) and the truth is expected to emerge. |
| What is the Uniform Crime Report (UCR)? | "An official, annual collection of crime statistics from law enforcement agencies, started by the FBI in 1930." |
| What are the two primary categories of crime separated by the UCR? | Violent Crimes and Property Crimes. |
| "The UCR lists murder, rape, robbery, and aggravated assault as _____ crimes." | violent |
| "The UCR lists burglary, larceny-theft, motor vehicle theft, and arson as _____ crimes." | property |
| Term: Dark Figure of Crime | Definition: Crime that goes unreported and/or undetected by the police. |
| What is the National Incident-Based Reporting System (NIBRS)? | "An expansion of the UCR that collects more detailed information on index crimes, including data on victims, offenders, and relationships." |
| What is the National Crime Victim Survey (NCVS)? | "An annual survey given to persons over age 12 to determine if they have been a victim of a crime, helping to identify unreported crime." |
| "How is a crime rate per 100,000 people calculated?" | "By dividing the number of crimes by the total population and then multiplying the result by 100,000." |
| Who was the criminologist that identified the crime control and due process models? | Herbert Packer. |
| The Crime Control Model views the criminal justice process as an _____. | assembly line |
| What is the guiding presumption in the Crime Control Model? | Suspects are presumed guilty because of the reliability of police and prosecutors. |
| What is the primary goal of the Crime Control Model? | To get suspects through the criminal justice process as fast as possible so the case can be cleared. |
| What is the difference between factual guilt and legal guilt? | "Factual guilt is what the suspect actually did, while legal guilt is what the prosecutor can prove in court." |
| What is the preferred method for clearing cases in the Crime Control Model? | Plea bargains. |
| The Due Process Model views the criminal justice process as an _____. | obstacle course |
| What is the guiding presumption in the Due Process Model? | Suspects are presumed innocent. |
| What is the primary focus of the Due Process Model? | To ensure that a suspect's constitutional rights are observed through each step of the criminal justice process. |
| The Due Process Model prioritizes the rights of the _____ over the rights of the victim. | suspect |
| What is the preferred method for clearing cases in the Due Process Model? | Criminal trials. |
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