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CJ 200, Ch. 1, 1-12-16 and 1-14-16

by: Hannah Floyd

CJ 200, Ch. 1, 1-12-16 and 1-14-16 CJ 200

Marketplace > University of Louisville > Criminal Justice > CJ 200 > CJ 200 Ch 1 1 12 16 and 1 14 16
Hannah Floyd
U of L
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About this Document

These are the organized lecture notes from Chapter 1.
Crime and Justice In the US
Dr. Elizabeth Grossi
Class Notes
Criminal Justice, Introduction, crime




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This 3 page Class Notes was uploaded by Hannah Floyd on Wednesday February 17, 2016. The Class Notes belongs to CJ 200 at University of Louisville taught by Dr. Elizabeth Grossi in Winter 2016. Since its upload, it has received 16 views. For similar materials see Crime and Justice In the US in Criminal Justice at University of Louisville.


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Date Created: 02/17/16
CJ 200-Crime and Justice in the US Class notes (1-12-16 and 1-14-16) Ch. 1 Chapter 1- What is Criminal Justice? o The History of Crime in America  During the Civil War there was widespread immigration and therefore a crime epidemic (1850-1880).  Then there was the Prohibition era which ushered in the use of organized crime in the form of alcohol smuggling (1920-1930)  The Civil Rights Movement followed with the widespread social disorganization including protests, marches, and rallies for the cause (1960-1970)  Later, President Reagan, declared a “war on drugs” after a widespread problem with the sale and consumption of illicit drugs (1980)  This brought in the next era which was one trying to “get tough on crime” by putting repeat offenders in facilities for longer time, and enacting “3 strikes and your out” laws (1990)  In 2001, the USA PATRIOT ACT was passed in response to the terrorist attacks of 9/11. This act increased the authority of federal, local, and state police agencies to conduct investigations.  In 2011, a force of US special operations killed Osama Bin Laden, a well sought after terrorist leader, in Pakistan.  From 2012 to 2014, the nation has seen an epidemic of mass shootings and random violence from school shootings to movie theaters and everything in between.  Important? The history of crime in our country has shaped the way our justice system functions today, specifically those crime waves listed above. o How do we balance individual rights with public order?  There are two different schools of thought on this issue. One is the individual rights perspective, which expects that personal freedoms should be protected within the criminal justice system, and the other is the public order perspective which expects that under certain circumstances the individual must give up their rights in order to avoid a public threat. One is the crime-control model and the other is the due-process model. The crime-control model is based on the idea that public safety is of a higher priority than personal rights. The other is the due-process model which holds personal rights over public safety.  Remember! Individual rights perspective/due-process model = personal rights  Remember! Public order perspective/crime-control model = public safety o What are the important amendments? What are our rights?  4 Amendment: One must have a warrant for search and seizure.  5 Amendment: [1] you can’t be charged with a felony unless you are found guilty by a Grand Jury, [2] you can’t be tried twice for the same crime, and [3] you can’t testify against yourself.  6 Amendment: You have a right to a speedy and public trial with an impartial jury and the right to be assisted by counsel th  8 Amendment: There will be no excessive bail, fines, or cruel and unusual punishment charged to you.  14 Amendment: You have the right to all the due-process protections, as well as equal protections under the law. o What is the structure of the Criminal Justice System?  There are two models  Consensus model: describes the justice system as a cohesive unit in which things are tackled in cooperation with one another to achieve justice. (consensus = cooperation)  Conflict model: describes the justice system as individual units who generally are not in contact with one another and aim to serve their own interests. In other words, this model is highlighting that justice is often the result of conflict rather than cooperation.  The Wedding Cake model: describes the crime experienced in the country like the tiers of a wedding cake, the top layer (smallest) being the most interesting, dangerous, and gruesome crimes you see on TV, and the bottom layer (biggest) being the misdemeanors. It shows how distorted the public’s view of crime is due to the media coverage. o What are the stages of processing? 1. Investigation: evidence is being collected and examined in order to find proof of wrong, often the event is attempted to be recreated by investigators to get a clear picture of what happened. 2. Warrant: a document issued by the judge, to protect the officer from damages, that allows the officer to search the belongings of the suspect as well as the victim. 3. Arrest: the suspect is taken into custody 4. Booking: this is when they take pictures, finger prints, and personal information from the suspect. 5. First appearance: the is when the formal notice of charges, advisement of rights and the opportunity for a lawyer is given. 6. Preliminary hearing: this occurs in front of a judicial officer and allows the defense to assess the strength of the prosecution’s case before the final court date. 7. Information/Indictment: this is a formal document detailing the accusation which is submitted to a court by a prosecutor, telling that the crime has been committed. 8. Arraignment: this is the hearing before the court in which: a. The identity of the defendant is clear b. The defendant is informed of the charges c. The defendant is informed of rights and is requested to enter a plea 9. Adjudication: the examination of the issues of fact and law for the purpose of reaching a judgment that convicts the defendant. 10. Sentencing: a consequence of action assigned to the defendant, aka his/her punishment. This could include anything from fines to death penalty. 11. Corrections: paying or serving the punishment 12. Reentry: following corrections, an offender may be allowed to return to the community; this may be relative or curtailed with other requirements such as making others aware of your whereabouts or only being able to live in a certain area o How do the courts define rights?  Often rights are open to interpretation (such as the ambiguity of th the word speedy in the 6 amendment) Gideon vs. Wainwright (1963)  This was a court case that granted the 6 amendment right to counsel which included court-appointed counsel for those unable to afford a lawyer. o What is crime control through due-process?  Social Control: this is the use of rewards within a group in order to influence and shape behavior of the members of that group


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