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Chapter one in class notes

by: Raya Lannon

Chapter one in class notes 1100-001

Raya Lannon
GPA 3.28

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About this Document

These notes cover material related to chapter one that we covered in class.
Intro to Criminal Justice
Anita Blowers
Class Notes
overview, Introduction Criminal Justice
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This 6 page Class Notes was uploaded by Raya Lannon on Tuesday September 13, 2016. The Class Notes belongs to 1100-001 at University of North Carolina - Charlotte taught by Anita Blowers in Fall 2016. Since its upload, it has received 13 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of North Carolina - Charlotte.


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Date Created: 09/13/16
CJUS 1100 August 31, 2016 Intro to the Criminal Justice System Take away from the in class discussion on pet peeves…  Room for improvement  Lots of challenges  A lot of it is personalized based on your own personal philosophies  Lack of proper resources What is Criminal Justice?  The application of law to individuals within our society  Includes the detection, apprehension, prosecution, and punishment of those who break its law o Adjudicate  Fact finding- determine guilty or innocent  Entails a broad spectrum of activities, actors, and outcomes  Very interdisciplinary o Involving multiple disciplines  Law  Sociological  Economical  Funding  ties between the rise and fall in economy and crime rates and incarceration rates  Psychological  Biologically  Explanations or theories as to why someone may be more prone to committing a crime  DNA  Biotechnology in use with retrieving evidence Crime, Control, and Justice  Social Norm: a rule that species what behavior is appropriate o Situationally dependent- place, context time, etc.  Deviance: violation of a norm o Deviance is fluent and depends on the surrounding people’s opinions  Social Control: rules, habits, and customs a society uses to enforce conformity to its norms  Socialization: a process by which individuals acquire a personal identity and learn the norms, values, behavior, and social skills appropriate to their society  Forms of Control o Formal- the legal controls imposed by the law and carried out by official organizations o Informal- the moral rules and norms (patterns of social behavior) prescribed by unofficial groups…. What is crime?  An act that violates the law o Determinants  Legislatures  Don’t do a good job to upkeep our laws and clean them out. I.e. make sure they keep up with changes in society  An action taken by a person or a group of people that violates the rules of a society to the point that someone is harmed or the interests of that society are harmed Important definitions  Criminal law: the branch of modern jurisprudence that deals with offenses committed against the safety and order of the state  Criminal Procedure: the series of orderly steps and actions o Authorized by law or the courts  Criminology: the scientific study of the nature and causes of crime, the rates of crime, the punishment and rehabilitation of offenders, and the prevention of crime Criminal Justice System  Collection of federal, state, and local agencies o Legislature  Budget allocations  Creates laws/ determine which acts are criminal  Establishes criminal punishments o Judicial  Interprets law and determines if it meets constitutional requirements o Executive  Appointments (judges, heads of agencies)  Initiate legislative agendas and mobilizing public opinion Components of Criminal Justice System  Law enforcement o Maintain order o Enforce law o Provide services o Gatekeepers to Criminal Justice System  Courts o Seek justice and discover truth o Settles disputes through a legal process  Adjudication  Corrections o Punish, rehabilitate, and to ensure public safety Is the Criminal Justice System really a System?  System Perspective o Interdependence o Coordination o Series of interrelated decision points  Example: the work of the courts may influence the work of corrections When someone is found legally guilty to determine the sentence. Warden has no ability to say whether or not there is vacancy even if they are being overcrowded o However, if the courts know that the prisons are overcrowded they may decide another level of punishment if available  Courts influencing law enforcement Charging decisions- plea bargaining or no charge at all by the prosecutors of certain types of infractions/crimes o Speeding… no prosecution so why even give speeding tickets  Non-system Perspective o Fragmentation  Example: police and prosecutors  Charging decision- could decide to plea bargain. Police officer may not even know the outcome of their case unless they were to sit in court and observe themselves. o Communication  Burden of proof to make a good legal arrest o Articulate enough evidence to show probable cause  Burden of proof for prosecutors to make a conviction o Beyond reasonable doubt o Multiple and conflicting goals o Little coordinated accountability/feedback  The CJS is both a system and non-system o Tied together by common core tasks but also marked by tension and conflict What are the various steps and stages of the criminal justice system?  Step 1: leading up to arrest- law enforcement o Detection of the crime  Dark figure crime: crime that goes unreported (can be crime specific)  How?  Individual makes a call and reports crime to the police  Proactively- personal encounter o Investigation  No need for which if they actually see it going down  Cold crime: by the time the police find out and respond the suspects are gone- leads to an investigation  Done by the detective unit o Before arrest  Probable cause o Arrest  How do you know you are legally under arrest?  Detained and feel as though they do not have the freedom to leave  Told they are arrested o Bring to police department and book them  Administrative Record that the individual has been arrested  Fingerprinting  Mugshot o Go to jail  Step 2: the courts o Initial appearance  Charges read to defendant  First time the suspect is brought in front of the judge  Judge determines if there is sufficient evidence  Pretrial release (bail, bond, etc.)  Bail: security deposit that a defendant places to say that they will be released until the time of their trial o If not paid or is denied they stay in jail  Usually within 48 hours of the arrest o Grand jury/ preliminary hearing  Jury or judge determines if state has sufficient evidence to proceed to a trial  Prosecutor presents information to judge to provide sufficient evidence to proceed to trial  State has burden to prove defendant guilty  Indictment/ information  Indictment: formally charged of a crime (no assumption of guilt or innocence of crime) o Arraignment  Indictment/ information is read  Can be charge alterations  Defendant enters a plea  Guilty or not guilty o Guilty- sentencing  Not always a negotiated plea o Not guilty- trial o Trial  All defendants charged with serious crimes have a constitutional right to trial by a jury  Only about 5% criminal cases go to formal trial  Bench vs. jury trial o 2% are jury trials o Bench trial: no jury, only judge  May have right to jury trial but waves it  Guilty/ acquittal o Guilty- legal finding of guilt o Sentencing  Usually determined by a judge  Flexibility of sentencing for judge has lessened over the years  Specific sentence  Exception: death penalty o Jury first decides whether guilty and then whether or not death penalty is appropriate  Only time jury has direct influence in sentencing  Juries- death penalty o Appeal  Must be based on specific legal or constitutional issues  Charged for a specific crime- you are innocent but all the facts point towards you… you, yourself, cannot say that you want an appeal  Never appealing the verdict but rather the procedures used to come to that verdict  Example: improper search and seizure  Only look at the facts for the issue that was raised  Step 3: Corrections o Common sentences:  Fine  Restitution  Directed to the victim- repairing the crime that occurred  Probation  Community sanction o Guilty and need some control but do not want to incarcerate you  Probation officer o Role is to supervise and make sure not getting into trouble o Must get job or go to school o Stay inside a certain jurisdiction o Cannot be involved with other criminals  Intensive probation- random drug tests, see probation officer more frequently, can be electronic monitoring  Instead of prison  Jail  County- local government  Short term incarceration  Prison  State  Long term  Parole: early release from prison Informal Criminal Justice Process  Discretion: giving a professional some flexibility to make good informed decisions o Police officers: when giving speeding tickets o Judges: used to have a lot when in terms of sentencing o Prosecutors: make decision based upon what you believe to be best for the community  CJ Funnel Cake o Further you get into the system the more scrutiny o Large arrests-smaller convictions- even smaller prison sentencing  Cases can filter out of the system  CJ Wedding Cake o Top layer: celebrated cases  Get the most publicity but is the smallest layer- adds to misconceptions of the criminal justice system  Criteria:  1. People involved; defendant and/or victims are well known public figures o The way the cases get handled may not be true to how a case is normally handled  2. Something about the crime that made it interesting to the public o Example: Casey Anthony o Bottom Layer: Misdemeanors  Represent the vast majority of crime  More discretion in how they may be handled- variability  General public does not have the best understanding of nd what happens to the majority of cases o 2 layer (from the top): serious felonies  In general, get treated more strictly  More likely to pursue conviction on highest charge they rd can get o 3 layer (from the top): lesser felonies  More discretion involved o Further down you go from layer to layer there is more discretion involved


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