CJ 100 Test 1 Study Guide

What is criminal justice?

Key Terms:

∙ Criminal justice- society’s response to crime

o Policing/law enforcement: local, state, federal

o Court system/judicial process

o Corrections/prison, community (parole, community service) ∙ Crime- an act or qualifying omission that is criminally punished by the  government at some level

∙ Edward Bernays- known as the ‘father of propaganda’, published a  book called Propaganda

∙ Media sensationalism- tendency to present information about crime in  a way that provokes public interest and excitement, usually at the  expense of reality

∙ Trial by media- when the media reaches a verdict in a case before the  jury does

o Examples: Casey Anthony, OJ Simpson

∙ White collar crime- Frauds committed by business/government  professionals

o Examples: Bernie Madoff, Libor Scandal, Enron

∙ Edwin Sutherland- considered the “father of white collar crime”, was  the first to publish on it (1940)

What is libor scandal?

∙ Ponzi scheme - fraud in which belief in the success of a nonexistent  enterprise is fostered by the payment of quick returns to the first  investors from money invested by later investors We also discuss several other topics like How to understand Europe's Relative Location?

o seems legitimate  

o have to come from well-respected and trusted individual  o all end the same way: new investors stop and house of cards  collapses

∙ John Corzine – well respected CEO of MF Global, billions of dollars  evaporated overnight under his watch

∙ Libor Scandal- (London Inter Bank Offer Rate) banks were supposed to  come together independently to come up with the interest rate,  instead large banks were raising interest rates in times of bill payment  (student loans, mortgages, etc.) to cheat people out of millions of  dollars

∙ Criminal court- has to be found guilty beyond reasonable doubt, has to  face criminal punishment (life in prison, death)

What is the meaning of the bill of rights?

∙ Deterrent – PROACTIVELY preventing criminal acts We also discuss several other topics like What is Hamada’s equation?

∙ criminology – scientific study of why criminals commit crimes o biological criminology

o psychological criminology  

o sociological criminology

Key concepts/facts:

∙ Peak crime committing years: age 16-24 years

∙ Crime rate has been steadily declining over the past 25 years ∙ Only about 5-10% of criminal cases actually go to a trial. The other 90- 95% end in a plea deal  

∙ Spending on criminal justice has gone steadily up over the past 50  years

∙ 6 media giants control about 90% of what we read, watch, and listen to

The Bill of Rights – the first ten amendments of the US constitution, it  protected against a central government becoming too powerful (KNOW THE  BILL OF RIGHTS)

∙ 1st amendment – freedom of expression (speech, press, religion,  assembly, petition)  

 Schenck decision – established clear and present danger test  Brandenburg test – created imminent and lawless action test  (any speech is legal as long as it doesn’t enact lawless action  like yelling fire in public) We also discuss several other topics like What is the Origin of Microbes?
We also discuss several other topics like How metamorphic rocks get to surface?

∙ 2nd amendment – right to bear arms

 DC v. Heller (2008) – 2nd amendment does relate to the right  of individuals to bear arms

∙ 3rd amendment – protected from being forced to house troops in  your home

∙ 4th amendment – protection against unreasonable searches and  seizures  

 probable cause – law enforcement needs legal and probable  cause to conduct a search unless given consent. “a  

reasonable person based on sufficient evidence would think  that a crime has been committed” If you want to learn more check out Which describes a political institution?

 warrant- have to demonstrate probable cause in order to  obtain a warrant. Have to be specific.  

 discretion- police can use their discretion to determine  

punishment (unwritten law)

 plain view- can use evidence in “plain view” even if not  specifically stated in search warrant  If you want to learn more check out Stable framework of social relationships that guides our reactions with others.

 plain smell- if officer can smell drugs he can search your car  main way to waive 4th amendment rights: consent  

 NEVER physically resist law enforcement, always fight it out in court

∙ 5th amendment – Habeas corpus: “fundamental safeguard for individual freedom against an arbitrary government”  

 right to remain silent

 Miranda rights – does not have to be read right after arrest, you  can ask “officer am I being detained or am I free to go?”, you

also have to be read Miranda rights before potentially  

incriminating questions

 Cant testify against yourself in a court of law

 Salinas v Texas – if you start answering questions then suddenly  stop, your silence can be used against you in court

 Exigent circumstances – if officer/public safety comes into  question Miranda rights don’t necessarily have to be read

 Double jeopardy doctrine – cannot be tried for the same crime at  the same level of court twice  

 Grand jury process – preliminary check before trial starts to  decide whether or not there is probable cause and sufficient  evidence  

 Indictment – formal notice of what you’re being charged with  Due process – overall fairness in the criminal justice system (only for federal criminal cases)

∙ 6th amendment – right to a fair trial

 speedy trial doctrine – now its backlogged so much but it was  intended to make trial happen within months of crime

 public trial – everyone has the right to a public trial, exceptions  military, grand jury trials  

∙ 7th amendment – guarantees the right to a jury trial in civil suits  involving $20 or more

 only amendment that pertains solely to civil law

∙ 8th amendment – protection against cruel and unusual punishment  Furman v Georgia – application of death penalty is inconsistent,  supreme court said you have to be consistent with capital  punishment

 Protects us against excessive fines and excessive bail

 Bail v. bond

∙ Bail – temporary release of an accused person awaiting  trial, sometimes on condition that a sum of money be  

lodged to guarantee their appearance in court, the person  gets money back if they do what they’re supposed to do

∙ Bond – dealing with a third party (not directly relating with  court)

∙ 9th amendment – protects our un enumerated rights (rights that aren’t  directly written down)

o right to privacy  

∙ 10th amendment – separation of state v federal powers, any rights not  specifically enumerated to federal government are given to the states.

Other important laws:

∙ 14th amendment – due process clause (no state shall deny a person of  life, liberty, property without due process of law), equal protection

clause (regardless to race, ethnicity, etc. you are equally protected  under the bill of rights)

∙ Bills of Attainder

o constitution prohibits congress from passing bills of attainder  (declaring people guilty of a crime in the absence of a trial) ∙ Ex post facto laws

o you’re protected for any act that was not criminal when  committed

Key Court Cases:  

∙ Schenck v. United States (1919) – Schenck mailed out letters to people  against the military draft

o court said it established “clear and present danger test” o falsely shouting fire in a crowded theatre

∙ Brandenburg v. Ohio – government can’t punish inflammatory speech  unless that speech is directed to incite imminent lawless action o Brandenburg Test:  

 Intent – mens rea: the guilty mind, was the person trying to cause harm

 Imminence – time proximity, how likely was the speech to  cause a riot right then and there

 Likelihood – how likely was the speech to cause imminent  and lawless action (was speech in front of a few people or  thousands of people)