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by: Adell Stark

IntroductiontoCriminalJustice CRJU110

Marketplace > University of Delaware > Criminal Justice > CRJU110 > IntroductiontoCriminalJustice
Adell Stark
GPA 3.77


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Class Notes
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This 7 page Class Notes was uploaded by Adell Stark on Saturday September 19, 2015. The Class Notes belongs to CRJU110 at University of Delaware taught by YihshyanSun in Fall. Since its upload, it has received 33 views. For similar materials see /class/207193/crju110-university-of-delaware in Criminal Justice at University of Delaware.


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Date Created: 09/19/15
Criminal justice Notes Chapter 11 o The Criminal justice System 0 System ranges from local governments to federal 0 Lines are often blurred responsibilities overlap o Circumstances determine whether federal or statelocal laws go into play during a case 0 Goals and missions of law enforcement are not the same as those of the judicial system or prison 0 Levels of Government 0 Responsibilities are spread unevenly 0 Checks and balances of the Constitution are what cause overlap between branches of criminal justice I LocalLevel Criminal justice 0 Police departments answer to themselves their communities and the courts 0 Sheriff An official ofa county or parish who primarily carries out judicial duties from the English quotshirequot and quotreevequot 0 Warrant A judicial writ that authorizes a law officer to perform a specialized act required for the administration ofjustice such as an arrest or search 0 Bailiff An officer of the court responsible for executing writs and processes and keeping order in the court 0 Cities normally have own police departments 0 Sometimes combine with county police to save costs of duplicate services I Box 12 CrossCurrents Comparison of Law Enforcement 0 Federal Level 0 Agencies are FBI Immigration and Customs Enforcement Secret Service Mandate for enforcing laws is offences on federal property and military reservations and interstate crime Funding is federal income tax 0 State Level 0 Agencies are highway patrol state investigation services 0 Mandates are interstate highway systems offences oflocal and state government officials 0 Funding is state income taX sales taX user taxes driver s license etc 0 Local Level 0 Agencies are municipal police depts county sheriff s office 0 O o Mandates are state statues within local jurisdictions 0 Funding is sales taX and property taX I jails 0 County jails hold two types of inmates o Awaiting trial 0 Can pay for bonds or get released 0 Both major and minor offences 0 Those who have been sentenced to less than a year of incarceration o Often transferred to county Stockade I A component of county corrections system that usually holds offenders who have already been sentenced o Overcrowding of state prison systems backs up local jails I StateLevel Criminal justice 0 State level is usually confined to specific missions 0 Law enforcement is at local level but courts are at state level 0 Circuit a judicial district established within a state judicial system or the federal judicial system I FederalLevel Criminal justice 0 Wide range of agencies 0 Most of federal law deals with whitecollar crime 0 War on drugs has caused federal prisons to become less safe 0 Also has probation and parole agencies that supervise offenders in the community 0 The Criminal justice Process 0 Only a small percentage of offenses result in someone going to prison 0 Generates annoyance because cases don t occur to the public s liking 0 Legal process is up to discretion 0 The power ofa judge public official or law enforcement officer to make decisions on issues within legal guidelines 0 Like a funnel with leakage I Offenses 0 Wide mouth of funnel are all offenses committed 0 Dark gure of crime A metaphor that describes crim that is unreported and never qualified I Offenses Known to the Police 0 Lower in funnel are offenses known to police Behaviors that are reported and officially measured Police officers and administration use discretion to determine how a case is handled Investigation once Klindt case cited for excellent use of investigation and set precedents for evidence in court Police can often make mistake during investigation 0 IonBenet Ramsey case Arrests Police can make arrest once they have enough evidence Clearance rate the numb er of offenses that have been solved by the police 0 Differ drastically depending on the type of offense and the priorities of the agency Arrests represent only a little bit ofwhat police do Provide the rest of the justice system with the cases it must then handle Booking Happens at police station 0 Suspect s name age address are recorded along with picture and reason for address Suspect placed in holding cell until further questioning Charges Filed by the Prosecutor Only a handful of charges are filed by the prosecutor Number of factors go into filing discretion 0 Resources 0 Police errors 0 Other personalagency priorities Grand jury Decide whether enough evidence eXists to justify an indictment and trial Bill of indictment a declaration of the charges against an accused person that is presented to a grand jury to determine whether enough evidence eXists for an indictment True bill the decision of a grand jury that sufficient evident eXists to indict an accused person Nobill the decision ofa grand jury not to indict an accused person as a result of insufficient evidence Prosecutors can still file charges in the event ofa nobill Grand juries usually sit for longer than trial juries Initial Appearance Preliminary Hearing and Arraignment Suspects must be brought before a judge a reasonable time after arrest for an initial appearance Pleads guilty not guilty or nolo contendere 0 Latin for quotI do not wish to contend defendant neither admits nor denies committing the offense but agrees to be punished as if guilty Those with a misdemeanor may make a plea immediately Felony defendants are scheduled for a preliminary hearing aka preliminary examination or probable cause hearing Prima facie case a case established by evidence sufficient enough to establish the fact in question unless it is rebutted Arraignment a court appearance in which the defendant is formally charge with a crime and asked to respond by pleading guilty not guilty or nolo contendere I BailBail Bonding quotBailquot comes from old French quotbaillerquot quotto entrust Bail money means the defendant will appear in court In absentia when you re convicted and you re not in court ROR release relase on one s own recognizance if one is an upstanding community or family member Preventive Detention the jailing of a defendant awaiting trial usually in order to protect an individual or the public Bail bonding a company posts money for a defendant who cannot afford bail I Plea Bargaining I Trial Disposes of cases quickly and efficiently but not always to the benefit of the defendant Prosecutors might decide a case is weak and opt to bargain Defense attorneys who know they re dealing with a lost cause will try to limit the sentence imposed by court Few cases make it this far Most decisions are made behind the scenes and not by crafty lawyers or confessions I Sentencing Presentence report an account prepared by a probation officer that assists the sentencing court in deciding an appropriate sentence for a convicted defendant Sentencing guidelines are rules for deciding sentences 0 Make sure similar crimes receive same sentences o Indeterminate sentencing specifies a range of time that the offender must serve before parole is granted I Probation 0 Found in a trial or after a pleabargain 0 Good for offenders who are not an immediate risk to the community 0 Main advantage of probation is cost 0 Electronic monitoring a form of intermediate punishment in which an offender is allowed to remain in the community but must wear an electronic device that allows the authorities to monitor his or her whereabouts I Appeal 0 Written request to a higher court to modify or reverse the judgments of a trial or intermediate court Must be filed within 30 days ofjudgment date Appellate court doesn t retry the case but the appellant defendant and appellee winner submit briefs o Prejudicial error an error re ecting the outcome of a trial 0 No constitutional right to appeal but it s under stature or custom in many states I Prison 0 Prison is an extremely costly option 0 Should be reserved for dangerous individuals and not to quotmake an example of others 0 Bootcamp style prisons are less costly I Parole o Probation occurs instead of prison whereas parole happens after prison 0 Provides help with returning to the community 0 Parole officers act more like police than social work I Capital Punishment 0 Some states have abolished its use due to errors and discriminatory use 0 US is only one of six stable countries to use it 0 Many say that killing a person in any way is inhumane I Why Some Offenses are Excluded 0 Cost 0 We cannot afford to have a crimefree society 0 Must be rational with spending can t use all the government money for criminal defense 0 Local gov t spends far more money on criminal justice than state or federal o Discretion Discretion is used for individual cases Personal philosophy and ideas are used to decide what happens to cases can be problematic Similar cases are given fixed sentences to provide equality Errors 0 Cases fall through the cracks o Practitioners make errors in judgment 0 Discrepancies between computer systems 00 O 0 Problem with the System Metaphor People have different views on their jobs Goals are not mutually exclusive between jobs Ideals overlap so it often seems like they are competing with other systems in order to find the best way to improve and make the society safer I The Multiple Goals of the Criminal Justice System Deterrence 0 Specific deterrence when an offender is caught punished and decides not to break the law again 0 General deterrence offender is caught and punished and the population sees what happened to the guy and therefore doesn t break the law to avoid the consequences I More important than specific Incapacitation o Removes ability to break the law 0 Pillory A wooden fame with holes for securing the head and hands that was used to secure and expose an offender to public derision 0 Chemical castration Antiandrogen drugs usually administered by injection that have the effect oflowering the testosterone level and blunting the sex drive in males Retribution 0 Justice prevails when an offender is punished 0 Ancient goal with religious connotations Rehabilitation 0 Involves correcting the offender s behavior and giving them the skills and strength needed to survive in society and not be a threat Restoration 0 Goal is to repair the harm crime has done to the victim and the offender and repair the community


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