CRJU 101 Chapter One Notes
CRJU 101 Chapter One Notes CRJU 101 001
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CRJU 101 001
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This 4 page Class Notes was uploaded by Richard Martin on Friday January 15, 2016. The Class Notes belongs to CRJU 101 001 at University of South Carolina taught by Corey Burton in Winter 2016. Since its upload, it has received 76 views. For similar materials see Criminal Justice 101 in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 01/15/16
Chapter 1 - Introduction to Criminal Justice Wednesday, January 13, 2016 9:39 AM • Goal of criminal justice: Uphold the criminal law while striking a balance between government power and individual liberty • Where power of criminal justice system comes from: ○ Constitutions: contracts between governments and citizens that are designed to set limits on government power and define individual liberties ○ Ex. 4th and 1st amendment • Criminal Law: Defines acts that are considered punishable by the government, the punishments for those acts and possible defenses or justifications for those acts • Formal vs Informal Sanctions ○ Formal Sanctions: Enforcing formal social control through the criminal justice system Ex. Violating criminal law ○ Informal sanctions: Enforcing social norms through family, school, religion or employment Ex. Suspended from school, grounded by parents On the EXAM Two Models for Criminal Justice: Crime Control vs Due Process • Crime Control Model: Places emphasis on the quick and efficient processing of criminal defendants through the criminal justice system ○ Ex. Higher number of arrests, increases the use of plea bargaining • Due Process Model: Places emphasis on the protection of individual rights and liberties instead of quick and efficient processing through the criminal justice system ○ Ex. Miranda vs Arizona Dual system of criminal justice in the US • Both the federal and state governments in the US have their own criminal justice systems Checks and Balances • The idea that each part of the criminal justice system acts independently of one another but also serves to limit the powers of the other parts Criminal Justice Process • Entry into the system ○ Arrest: Law enforcement officers and agencies restricting the freedom of individuals by taking them into custody ○ Booking: The process by which law enforcement establishes the identity of an arrested person and begins the process of formally charging that person with a crime Ex. Inventorying a person's property, fingerprints, mugshots ○ Prosecution and Pretrial Services Following booking, the prosecution must decide whether to move to formally charge a defendant with a crime □ If charged, defendant begins the preliminary stages in the criminal justice process □ If not charged, defendant is free to go ○ First appearance A magistrate judge determines whether the prosecution's charges are legitimate, advises the defendant of his/her rights, determines whether or not the defendant has an attorney and sets bail Bail: generally a monetary agreement that the defendant will return for further proceedings in the criminal justice system ○ Indictment Following the first appearance, if the defendant is to be formally charged, the prosecutor Following the first appearance, if the defendant is to be formally charged, the prosecutor must pursue an "indictment" or a formal, legal document asserting that probable cause exists to bring charges Two ways to obtain an indictment Probable Cause Hearing: A hearing where a magistrate judge determines whether there is a direct link between the defendant and the crime Grand Jury: A proceeding in which a selected group of individuals from the community determines whether probable cause exists after hearing the prosecution's evidence □ True Bill: Issued when a grand jury returns an indictment □ No Bill: Issued when a grand jury does not return an indictment Friday January 15, 2016 Criminal Justice Process • Adjudication: processing of defendants who have been arrested by police and formally charged with a crime • Arraignment: criminal charges are read to the defendant, who then decides whether to plead guilty, not guilty or no contest (nolo contedre) ○ Guilty or No Contest -> sentencing data is scheduled ○ Not Guilty -> Trial date is set Guilt beyond a reasonable doubt • It is responsibility of the prosecution to prove guilt beyond a reasonable doubt • BRD is the legal standard by which criminal guilt is determined during trials Sentencing and Sanctions • If the defendant is guilty, a "Presentence Investigation Report (PSI)" is completed by a probation officer • The sentence is read at a "sentencing hearing" at which point both prosecutors and defense attorneys may challenge the sentence or the PSI Corrections • Following sentencing, the now "convicted person" is either transferred to a correctional facility or begins a period of probation out in the community Criminal Justice Officials Police • Enforce laws • Investigate crimes • Search people, vicinities and buildings • Arrest/detain individuals, order maintenance Prosecutors • File charges or petitions for adjudications • Seek indictments • Drop cases • Reduce charges Judges and Magistrates • St bail and conditions of release • Accept pleas • Determine delinquency • Dismiss charges • Impose sentences • Revoke probation Correctional Officials • Assign convicted persons to a type of correctional facility and oversee imprisonment • Revoke probation Correctional Officials • Assign convicted persons to a type of correctional facility and oversee imprisonment • Award privileges to imprisoned inmates Parole Boards/Officers, Probation Officers • Determine date and conditions of parole or probation • Revoke parole or probation • Supervise inmates released from incarceration on parole or probation Due Process Rights: Substantive vs Procedural Due Process Substantive Due Process • Due process that refers to the constitutionality of laws (ex. whether the law itself comports with or violates the Constitution Procedural Due Process • The process and procedure the government can use to prosecute an individual ○ Ex. The Miranda Warnings, police conduct of searches and seizures, jury selection, right to an attorney Incorporation • Not all rights guaranteed by the U.S. Constitution are applicable to the states ○ Ex. 7th Amendment right to a jury trial in civil cases • Man right guaranteed by the U.S. Constitution, however, are applicable to the states through "Incorporation" • Federal rights that also apply to the states include: 1st, 2nd, 4th, 5th, 6th, and 8th Amendment rights Rights of the Accused • Presumption of Innocence: ○ The idea that even in the face of overwhelming evidence of guilt, a person accused of a crime is treated as if he/she is not guilty until proven guilty beyond a reasonable doubt in a court of law ○ More importantly, presumption of innocence is meant to ensure that an accused person is not denied due process at any point during the criminal justice process Changing Criminal Justice System Four major historical influences on the American Criminal Justice System 1. Civil Rights Movement 2. Vietnam War 3. The War on Crime 4. September 11th, 2001 Chapter 1 continued Friday, January 15, 2016 9:40 AM Criminal Justice Process • Adjudication: processing of defendants who have been arrested by police and formallycharged with a crime • Arraignment: criminal charges are read to the defendant, who then decides whether to plead guilty, not guilty or no contest (nolo contedre) ○ Guilty or No Contest -> sentencing data is scheduled ○ Not Guilty -> Trial date is set Guilt beyond a reasonable doubt • It is responsibility of the prosecution to prove guilt beyond a reasonable doubt • BRD is the legal standard by which criminal guilt is determined during trials
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