Chapter One Notes
Chapter One Notes CCJ 2020
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This 5 page Class Notes was uploaded by Danielle Pagano on Wednesday February 11, 2015. The Class Notes belongs to CCJ 2020 at Florida International University taught by Juan Saiz in Spring2015. Since its upload, it has received 298 views. For similar materials see Criminal Justice System in Art at Florida International University.
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Date Created: 02/11/15
Criminal Justice System 2020 Professor Juan Saiz Chapter One Outline Chapter One Crime and Criminal sIustice Creating Criminal Justice l93l Herbert Hoover appointed the National Commission of Law Observance and Enforcement Wickersnam Commission Made detailed analysis of US justice system helped usher era of treatment and rehabilitation discovered that the already existing system of justice was awed by to many rules and regulations The Contemporarv Criminal Justice Svstem Social Control The ability society has to control individual behavior in order to serve that best interests and welfare of the society as a whole Behaviors considered dangerous must be strictly controlled or outlawed by right People who are too destructive must be monitored or confined Three Main Points to the Contemporary Justice System Law enforcement agencies who investigate crimes and apprehend suspects Court system which charges indicts tries and sentences offenders Correctional system which incapacitates convicted offenders and the also attempt to aid in treatment and rehabilitation of offenders Branches of the Government Legislative Defines law Determines what conduct is prohibited Establishes penalties for violators Acts as form of public eXpression on criminal justice issues Judicial Interprets the law Decides whether laws meet constitutional requirements Power to determine whether eXisting operations of criminal justice practices fall within bounds of state constitution and United States constitution Has right to ban or overturn policies that interfere with constitutional rights Executive Responsible for the operation of criminal justice agencies Does not make or interpret laws Determines budget and direction for criminal justice agencies The Formal Criminal Justice Process Formal Procedures Initial Contact Patrol officers are allowed to take someone into custody if they observe a person acting suspiciously or if they under the in uence of drugs Police officers are contacted by victim who reports a robbery They will respond to this by going to crime scene and apprehending the suspect Investigation To support legal arrest they must have enough evidence and information about crime Can take any amount of time To identify the perpetrator the officers gather evidence and information this way they can understand the methods and motives of the suspect Also gather information to determine if crime was a single event or one of many other similar crimes Arrest Officer derives individual from their freedom Probable Cause to arrest and sufficient evidence Suspect knows he has lost his liberty once in custody of police The officer does not have to mention or even say the word arrest during the arrest Officer doesn39t have to handcuff the suspect or even bring him straight to the police station Custody Miranda Warning if the police intend to use the answers against the person in a criminal case the miranda warning must be read if the offender remains silent and decides not to say anything the questioning must stop Charging If sufficient evidence eXists to charge a person with crime case will then be turned over to the prosecutors office To charge or not to charge is based off many factors once case reaches prosecutors office Noelle Prosequi When prosecutor decides to drop case after a complaint has been made formally Some reasons or this may be insufficient evidence witness decides not to testify error in police report and or error in office policy Preliminary Hearing and Grand Jury Grand Jury 12 28 persons who convene in private to evaluate accusations against accused They determine whether the evidence warrants further legal action to be made Investigate alleged crimes examine evidence and issue indictments True Bill of Indictment Drawn up by prosecuting attorney and considered by grand jury this is a written statement charging a defendant with the commission of a crime Specifies exact charges on which the accused must stand trial Illegal gained evidence can be used in indictment In many states the Grand Jury system has been either replaced or supplemented by the preliminary hearing Prosecution files a charging document before a lower trial court this is a preliminary hearing Arrangement Brought before court that will hear the case Formal charges read Informed of constitutional rights initial guilty not guilty plea Trial date is set B ail is issued and or considered Bail Detention Defendants that do not show up to trial forfeit their bail Those who cannot afford bail or who cannot borrow sufficient funds are kept in state custody prior to trial Plea Bargaining 90 percent of all cases end in a plea bargain Defense and prosecutor discuss possible guilty plea in exchange for reducing bail or even to drop some charges Some may get more lenient time in prison or even go to treatment facility TrialAdjustment When an agreement cannot be made or when the prosecution decides not to arrange a negotiated settlement of the case a criminal trial will be held before a judge or jury Then they will decide whether the prosecutions evidence against the defendant is sufficient beyond a reasonable doubt to prove guilt AppealPost conviction Remedies If the jury has made a mistake of law the defense can ask the trial judge to set aside the jury s verdict This can be a misinterpretation of judges instructions or conviction on a charge that was not supported by evidence Failing that the defendant may file an appeal if after conviction she or he believes that his or her constitutional rights were violated by the errors that had been made in the trial process Yet cannot appeal in errors of fact Release Many inmates do not serve the full term that they39re sentenced to Many are freed through an early release mechanism which is either patrol pardon or earning time off due to good behavior Postrelease Some offenders may be asked to spend more time in a community correctional center Courtroom Work Group All parties in the justice process work together in a cooperative effort to settle cases Made up of prosecutor defense attorney judge and other courtroom personnel The Wedding Cake Model of Justice Level One Consists of celebrated cases involving wealthy and famous people Level Two Consists of serious felonies such as rape and burglaries Level Three Less serious offendersoffenses committed by young people Level Four Misdemeanors such as disorderly conduct shoplifting and etc Perspectives 0n Justice Crime Control Perspective Emphasizes control of dangerous offenders Emphasizes protection of society through harsh punishment as a defendant to crime Prevent crime though the judicious use of criminal sanctions Rehabilitation Process Sees crime as eXpression of frustration created by society inequality that can be controlled by giving people the right to improve their lifestyles through conventional endeavors caring and treating people who cannot manage themselves Due Process Perspective Treating all those accused of a crime fairly and equally Nonintervention Perspective Favors least intrusive treatment possible That justice agencies should limit their involvement with criminal defendants Decriminalization Is the reducing of penalty for a criminal act without legalizing it Deinstitutionalization Policy of removing from secure confinement as many first offenders of minor nonviolent crimes as possible and treating them in the community Equal Justice Perspective All people should receive the same treatment under the law Evaluated on current behavior not what they have done Radical Animus Model View that white America has developed a mental image of the typical criminaloffender This offender being a young inner city black male Restorative Justice Perspective Promote a peaceful and just society Not to aim for punishment
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