Criminal Justice Test 2 Study Guide
Criminal Justice Test 2 Study Guide CJ 100
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This 3 page Study Guide was uploaded by Courtney Small on Tuesday March 1, 2016. The Study Guide belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Summer 2015. Since its upload, it has received 213 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 03/01/16
Grand Juries • Prosecutor presents evidence against subject • Advantages for prosecution because: 1. Proceedings are "secretive" (only prosecutor and jury present" 2. Exclusionary rule does not apply to grand jury proceedings 3. Prosecutor can choose which evidence presented to jury 5th Amendment: Grand Jury Indictments • Grand jury decides whether the prosecution has enough evidence to bring a defendant to trial. • Probable cause= indictment (formal changing)= green light to proceed • No probable cause = "no bill" = subject to change Miranda Warnings • Miranda v. Arizona (1966)-‐ protects Fifth Amendment rights of individuals against self-‐incrimination • Rights read AFTER a person has officially been taken into custody, but before any interrogation takes place Criminal Court • Burden of Proof= Beyond a reasonable doubt • Does not mean absolute certanty • Quantify= 97%=99.9% • Reason the threshold is so high • The government (state/federal) brings suit against (prosecutes) a person who they believe has violated the law ( the defendant) o EX: people of the state of Cali o Prosecution-‐ Plantiff vs OJ simpson (defendant) Civil Court • Burden of Proof= Preponderance of Evidence • Tort=Civil Wrong (think lawsuits) • Quantity= 51% (50.1%) • Compensation from damages or injuries • *Amendment 7 has to do with civil court* • One party (plantif) who feels they were harmed (tort) brings a complaint against another party (the defendant) o EX: Liebeck (plaintiff) V. McDonalds Resturant (Defendant) Crime Control Model • "Assembly line justice" • Speed and efficiency are main goals • Avoids the courtroom, promotes plea bargaining o *Plea guilty with reasonable expectation of a reduction in a charge (for a lighter sentence) • Court System revolves around plea bargaining • Makes up most of the criminal justice system Due Process Model • "Obstacle Course Justice" • Stresses using the adversarial (courtroom) process • Strained resources make this model problematic • All fictional What percentage of criminal convictions come from negotiated place deals (plea bargaining)? o 90-‐95%; only 5-‐10% make their way to the trial room Legal Cases • Boykin v. Alabama (1969)-‐ Defendants must state they made their pleas voluntarily, before a judge can accept the plea • Santobello v. New York (1971)-‐ If the prosecution has promised a lenient sentence as a result of a plea deal, the prosecution must keep that promise The Goals of Punishment 1. Retribution-‐"deserved Punishment" a. "eye for an eye" and "pay their debts" to society b. The severity of the punishment should fit the seriousness of a crime 2. Deterrence a. Criminal Punishment used as a basis for affecting the future choices and behavior of individuals b. Potential offenders will consider the cost vs. benefits before committing a crime c. General Deterrence: Provides an example to the general public that discourages criminal behavior d. Specific Deterrence: Targets the decisions and behavior of offenders who have already been convicted 3. Incapacitation a. Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison b. Capital Punishment is the ultimate method of incapacitation c. Selective Incapacitation: Targeting repeat offenders with no longer prison terms (" career criminals") 4. Rehabilitation a. Goal of restoring a convicted offender to a constructive place in society through training and therapy b. Focuses on the offender, offenders are treated, not punished. c. Judges should avoid fixed sentences, instead using maximum and minimum guidelines to release offenders when rehabilitated Crimeology About Classical Criminology • Individuals are rational beings (rational choices) • Maximize pleasure and minimize pain (cost/benefit) • Crime is committed through FREE WILL! (not by evil spirits) More About Classical Criminology • Unless individuals are deterred, they will commit crimes (specific vs. general deterrence) • Classical theory focuses on natural forces that can be observed (absence of effective punishments =more crimes) Lombroso vs. Positive School • Argued many criminals were "genetic throwbacks" o (Primitive people stuck in modern society) • Criminals are different After Lombroso-‐ IQ Testing Era • Still focused on individual differences (early 1900s) • "Intelligence Quotient"(IQ) developed by Alfred Binet (France) • Binet said IQ could be changed and used to help slow learners The ID, ego, and superhero • Human nature includes instinctual drives that demand gratification • These drives involve "Pleasure seeking" • Irrational, antisocial and instinctual impulses • Frued referred to these as pleasure seeking • ID is retrained by moral codes known as superego • Children Internalize these codes as result of parent attachment • Superego is moral compass • What would an underdeveloped superego mean? o Act out: Under o Never take risks; goodie overdeveloped • Adults develop a rational part of their personality known as ego • Mediates between the drives of the ID and the Residents of Superego • Leads in making decisions Psycopathy Collectively and clinically, we refer to the study of "abnormal" personality types as psychopathy Broken Window Theory The belief that ignoring public-‐order violations and and disruptive behavior leads to community neglect, which fosters fitter disorder and crime
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