Criminal Justice system operations
Criminal Justice system operations CJ 100
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This 2 page Class Notes was uploaded by Erica Kugler on Friday February 13, 2015. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring2015. Since its upload, it has received 280 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/13/15
Operation of the Criminal Justice System 0 2 competing models of C system operation Crime Control and Due Proces 0 Crime Control Model quotassembly line justice I Move from one point in the CJ system to the next point as quickly and efficiently as possible 0 Due Process Model quotobstacle course justice I What we see in movies or on TV 0 Hardtonavigate CJ system with many competing sides prosecution defense detectivescops judges Crime Control Model o quotassembly line justice 0 Goal speed and efficiency 0 Try to avoid trialscourtroom bc they take up time money and resources thus slowing down the CJ process 0 Promotes plea bargaining I Defendant pleads guilty for a reduction in hisher sentence Due Process Model o quotobstacle course justice 0 Stresses using the quotadversarial process gt courtroomtrial drama 0 Model is problematic bc going to trial slows down the CJ system and strains resource Plea Bargaining o Plea agreement 0 Defendant pleads guilty to the original or different charge against himher in order to get a lighter sentence 0 What percent of all criminal convictions come from negotiated plea deals ie plea bargains I 9095 o Beneficiaries of plea bargains o Dependents I Gamble with jury verdict or take a guaranteed lesser sentence 0 Judges I Plea bargains reduce their case load and time in court 0 Prosecutors I Plea bargains reduce their case load and time in court 0 Can focus on other more important cases I Plea bargains are good for one s conviction rate 0 Plea deals treated as getting a conviction 0 Criticism of plea bargaining o Relating to due process and the Constitution entering into a plea deal make the defendant give up hisher 6th amendment right to a trial byjury o Lesser sentences makes it seem like the defendant isn t serving the justified punishment for the crime I Can alienatedisillusion the public I C system seen as being quotsoft on crime Legal cases related to plea bargaining o Boykin v Alabama 1969 o Defendants must state that they made their plea voluntarily before judge can accept it I NC forced plea deals 0 Prosecution cannot coerceforce a person into a plea deal if the defendant doesn t want to plea o Prosecution can recommend to a defendant that they take a plea deal but they cannot force a plea deal on the defendant 0 Santobello v New York o If the prosecution has promised a more lenient sentence if a defendant agrees enter a plea bargain then the prosecution can t go back to the original sentence I Prosecution must stick wthe more lenient sentence they promised Discretion o quotauthority to make decisions in enforcing the law based on one s observations and judgment 0 Laws are clearly laid out but public officials can decide if they dodon t follow the law word by word 0 Ex One of your rear lights is out and a police officer pulls you over According to the law you should be ticketed for driving with a taillight out but if you explain to the officer that you didn t know your light was out he might give you some sympathize and give a warming instead of a ticket 0 Discretion is also seen wprosecutors I Prosecutors can choose which charge to levy on a defendant
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