American Crim Justice System
American Crim Justice System CRJ 1113
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This 11 page Class Notes was uploaded by Michael Prosacco on Thursday October 29, 2015. The Class Notes belongs to CRJ 1113 at University of Texas at San Antonio taught by Robert Rico in Fall. Since its upload, it has received 31 views. For similar materials see /class/231425/crj-1113-university-of-texas-at-san-antonio in Criminal Justice at University of Texas at San Antonio.
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Date Created: 10/29/15
CRJ 1113 Exam 1 Study Guide Review the following topics 0 Stages in the Criminal Justice Process 0 Investigation and arrest Few offenders are arrested on the spot of a crime Arrest warrants are issued by a judge when police provide legal basis for an apprehension During arrest and before questioning defendants are advised of their constitutional rights Miranda Rights 0 Booking Administrative procedure where pictures are taken fingerprints are taken and personal information is gathered o Pretrial Activities First appearance 0 Within hours of arrest suspect brought before a magistrate judicial officer for an initial appearance which the judge tells them of the charges against them They are advised oftheir rights and sometimes provided an opportunity for bail Preliminary hearing Establishes whether sufficient evidence exists against a person to continue the justice process Hearing judge will seek to determine whether there is probable cause to believe that a crime has been committed and whether the defendant committed it Allows the defense counsel the chance to assess the strength of the prosecution s case Discovery function for the defense Information or Indictment 0 An information is a formal written accusation led on the basis ofthe outcome of the preliminary hearing An indictment may be required to be returned by a grand jury before prosecution can be continued The grand jury hears evidence from the prosecutor and decides whether the case should go to trial Grand jury is the formal indicting authority It determines whether probable cause exists to charge the defendant formally with the crime 0 Grand jury system has been criticized because it is one sided favoring the prosecution since the defense has no opportunity to present evidence 0 A grand jury s refusal to indict can save the system considerable time and money by preventing cases lacking in evidence from further processing by the criminal justice system Arraignment o The rst appearance ofthe defendant before the court has the authority to conduct a trial 0 At arraignment the defendant stands before a judge and hears the information or indictment against him 0 Defendants are then asked to enter a plea such as not guilty guilty and no contest 0 No contest can result in conviction but can t be used as an admission of guilt in civil proceedings 0 Adjudication A judicial decision Every defendant has a right to a trial byjury but the US Supreme Court has ruled that petty crimes are not covered Petty crimes are that of a sentence less than 6 months of incarceration Most criminal cases never go to trial but are rather settled by a plea Trials are expensive and time consuming o Sentencing Once a person is convicted sentencing is responsibility ofthe judge Sentencing takes form in incarceration community service probation nes or a combination Consecutive sentences can be given for criminals committing multiple crimes in which once a sentence is complete another sentence is served until completed Concurrent sentence is serving one sentence for multiple crimes 0 Corrections Once sentenced corrections begins in prisons or other correctional facilities 0 Probation and Parole Upon release from prison or if prison is not sentenced probation can be given In the case of probation a person must submit to being supervised meet conditions of the court Ifthey do not meet these requirements they can face prison sentence Parole is given to those who have been serving in prison but may be freed and supervised by a parole of cer Indictment o A formal written accusation submitted to the court by a grand jury Alleging that a specified person has committed a specified offense usually a felony Consensus Model 0 A criminal justice perspective that assumes that the systems components work together harmoniously to achieve the social product we call justice DueProcess Model 0 A criminal justice perspective that emphasizes individual rights at all stages ofjustice system processing CrimeControl Model 0 A criminal justice perspective that emphasizes the ef cient arrest and conviction of criminal offenders Probable Cause 0 A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a speci ed person has committed a crime Also reasonable grounds to make or believe an accusation Probable cause refers to the necessary level of belief that would allow for police seizures of individuals and full searches of vehicles dwellings and possessions Criminal Law Procedural Law Case Law Administrative Law 0 Criminal law the body of rules and regulations that define and specify the nature of and punishments for offenses ofa public nature or for wrongs committed against the state or society also called penal law Substantive law the part of the law that de nes crimes and speci es punishments 0 Procedural law the part of the law that specifies the methods to be used in enforcing substantive law It is a body of rules that determines the proceedings by which legal rights are enforced Regulates the gathering of evidence and the processing of offenders by the criminal justice system General rules of evidence search and seizure procedures of arrest trial procedure Intended to protect the rights of criminal suspects while establishing a clearcut series of formal proceedings through which the substantive criminal law can be enforced O 0 Case law referred to as law of precedent A legal principle that ensures previous judicial decisions are authoritatively considered and incorporated into future cases Stare decisis requires courts be bound by their own earlier decisions and decisions of those of higher courts which have jurisdiction over them Administrative law body of regulations that governments create to control the activities of industries businesses and individuals Tax laws health codes restrictions on pollution and waste disposal vehicle registration laws and building codes USA Patriot Act 0 Arrest 0 Theft 0 O A federal law that was passed in response to 911 lt substantially broadened the investigative authority of law enforcement agencies throughout the US and is applicable to many crimes other than terrorism Apprehension ofa suspected criminal Burglary Robbery Theft unlawful taking or attempted taking carrying leading or riding away of property from the possession of another person Most common of the 8 major offenses Burglary primarily a property crime involving a perpetrator breaking and entering into a property to steal The UCRNlBRS classifies burglary under 3 conditions Forcible entry Unlawful entry where no force is used Attempted forcible entry Robbery is a personal face to face crime between a perpetrator and victim It involves a threat of violence from the perpetrator to obtain something such as money jewelry vehicles or other things 85 ofthose arrested for robbery were male 65 under thr age of 25 and 58 were minorities NCVS 0 Part National Crime Victimization Survey Based on victim selfreports rather than on police reports Showed crime to be more prevalent than UCR reports indicated Uniform Crime Reporting program Maintained by FBI Standardized de nitions of offenses and terminologies for uniformity Now a part of the NlBRS reporting system amp ll Offenses O 0 Part offenses 8 major offenses Murder Rape Robbery Aggravated assault Burglary Larcenytheft Motorvehicle theft Arson Part II Offenses Less serious crimes that generally make up of victimless crimes Hate Crimes O A criminal offense committed against a person property or society that is motivated in whole or in part by the offender s bias against a race religion disability sexual orientation or ethnicity Felonies amp Misdemeanors O O Felonies are higher severity crimes Almost always punishable by prison sentence Felons are somewhat discriminated against but in a legal fashion Misdemeanors are less severe in comparison to felonies In the United States misdemeanors are typically crimes with a maximum punishment of 12 months of incarceration typically in a local jail again as contrasted with felons who are typically incarcerated in a prison Penal Code 0 Written organized and compiled form of the criminal laws ofa jurisdiction Defense Justifications O O O O O O Selfdefense Defense of others Defense of home and property Necessity Consent Resisting unlawful arrest Mens Rea O O 0 Guilty mind Purposefully the actor has the quotconscious objectquot of engaging in conduct and believes or hopes that the attendant circumstances exist Knowingly the actor is practically certain that his conduct will lead to the result Criminal Justice Test 2 Review Chapter 4 The Police Mission Basic Purposes ofpolicing Enforce the laws of the society of which the police are a part Apprehend offenders who participate in crime Prevent crime Preserve domestic peace and tranquility Provide the community with needed enforcement related services Enforcing Although it is the job ofthe police to enforce the law Most officers spend the majority of their time answering nonemergency public service calls controlling traffic or writing tickets Research shows only about 10 to 20 of all calls to the police involve situations that actually require a law enforcement response Police resources are limited causing officers to focus more on certain types of law violations rather than others Enforcement practices are significantly in uenced by community interests The police are expected not only to enforce the law but also to support it This means that the personal actions of law enforcement personnel should be exemplary and should inspire others to respect and obey the law Crime Prevention Proactive approach to the problem of crime Stopping it before it happens Preserving the Peace Peacekeeping is a virtually limitless police activity involving not only activities that violate the law such as supervising parades public demonstrations and picketing strikers Typically ensure that the behavior of everyone involved remains civil Quality of life offenses are minor law violations that demoralize residents and businesspeople by creating disorder or by re ecting social decay 0 Includes aggressive begging public urination prostitution youth gangs public consumption of alcohol and street level substance abuse A similar approach to keeping the peace can be found in the broken windows model of policing The notion that physical decay can breed disorder in a community and lead to crime by signaling that laws are not being enforced Police Administration Police management 7 entails administrative activities that control direct and coordinate police personnel resources and activities in the service of crime prevention apprehension of criminals and the performance of a variety of regulatory and helping services Police Organization and Structure Line Operations 7 eld or supervisory activities directly related to daily police work Staff Operations 7 include support roles such as administration Examples human resource management training and education materials supply nance management facilities management etc Most police organizations have both line and staff operations some organizations may only have line operations which is consistent with smaller departments Chain of Command Chain of command is a hierarchical order of authority within the department Span of control refers to the number of police personnel or the number of units supervised by a particular commander PoliceCommunity Relations As social disorganization increased the police departments across the nation seeking to understand and better cope with the problems they faced created policecommunity relations PCR programs These programs represented a movement away from an exclusive police emphasis on the apprehension of law violators and meant increasing the level of positive policecitizen interaction In many contemporary PCR programs public relations officers are appointed to provide an array of services such as Neighborhood Watch programs drug awareness workshops etc Team Policing Officers are assigned semi permanently to neighborhoods where they were expected to become familiar with the inhabitants and with their problems and concerns Patrol officers are given considerable authority in processing complaints from receipt through resolution Community Policing Strategic policing emphasizes an increased capacity to deal with crimes that are not well controlled by traditional methods Strategic policing retains the traditional police goal of professional crime fighting but enlarges the enforcement target to include nontraditional kinds of criminals To meet its goals strategic policing generally makes use of innovative enforcement techniques including intelligence 1 quot mud v sting J 39 39 39 surveillance and forensic methods Final Exam Review Terry Stop 0 Terry vs Ohio 0 Reasonable Suspicion ithe need to stop and frisk suspects that crimes may be potentially in the process of occurring Justification comes from experience Probable Cause 0 A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a speci ed person has committed a crime Also reasonable grounds to make or believe an accusation Probable cause refers to the necessary level of belief that would allow for police seizures of individuals and full searches of vehicles dwellings and possessions Gault Case 0 US Supreme Court extended the right to legal counsel for juveniles that are charged with a delinquent act Indictment o A formal written accusation submitted to the court by a grand jury Alleging that a specified person has committed a specified offense usually a felony Penal Code Written organized and compiled form ofthe criminal laws of a jurisdiction Felony o Felonies are higher severity crimes Almost always punishable by prison sentence 0 Felons are somewhat discriminated against but in a legal fashion 0 Judged by district courts Misdemeanor o In the United States misdemeanors are typically crimes with a maximum punishment of 12 months of incarceration typically in a local jail again as contrasted with felons who are typically incarcerated in a prison Law Enforcement Levels 0 Local I Composed of county and municipal police 0 State 0 Federal Community Policing 0 Community policing is the newest strategy described as a philosophy based on forging partnership between the police and the community so that they can work together on solving problems of crime fear of crime and disorder thereby increasing the overall quality 1 life in their neighborhoods o This approach addresses the causes of crime to reduce the fear of crime and social disorder through problem solving strategies and police community partnerships 43911 Amendment 7 protection against unlawful search and seizure Types of Murder 0 Intentional 7 Planned Murder 0 Knowingly 7 Out of rage not planned Recklessly 7 doing something reckless that results in a death 0 Negligence 7 doing something stupid or ignorant that results in a death 0 Miranda vs Arizona 1966 case establishing the famous requirement of a police rights advisement of suspects Hate Crime 7 crime that is motivated by hate for a person s race religion ethnicity sex etc Criminal Law 0 the body of rules and regulations that de ne and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society also called penal law Substantive law the part of the law that de nes crimes and speci es punishments Administrative Law 0 body of regulations that governments create to control the activities of industries businesses and individuals Tax laws health codes restrictions on pollution and waste disposal vehicle registration laws and building codes Procedural Law 0 the part of the law that speci es the methods to be used in enforcing substantive law It is a body of rules that determines the proceedings by which legal rights are enforced Regulates the gathering of evidence and the processing of offenders by the criminal justice system General rules of evidence search and seizure procedures of arrest trial procedure Intended to protect the rights of criminal suspects while establishing a clearcut series of formal proceedings through which the substantive criminal law can be enforced Case Law 0 referred to as law of precedent A legal principle that ensures previous judicial decisions are authoritatively considered and incorporated into future cases Stare decisis requires courts be bound by their own earlier decisions and decisions of those of higher courts which have jurisdiction over them Intermediate Sanctions O The use of split sentencing shock probation or parole shock incarceration mixed sentencing community service intensive probation supervision or home con nement in lieu of other more traditional sanctions such as imprisonment and nes 0 Alternative Sentencing Release 0 Community Service 0 Probation O 0 00000 O Ordered by Court Judge Most common form of sentencing In the case of probation a person must submit to being supervised meet conditions of the court Ifthey do not meet these requirements they can face prison sentence Supervision by community Conditional freedom as long as the person meets conditions of behavior 2060 of guilty individuals placed on probation Over 4 million currently on probation Two Types of probation conditions I General 7 apply to all probationers w the jurisdiction obey laws maintain employment remain within jurisdiction I Speci c 7 judge mandated for speci c probationer surrender drivers license curfew community service complete treatment plan 151000 on federal probation o Discretionary Release 0 Parole Parole is given to those who have been serving in prison but may be freed and supervised by a parole of cer I Prisoner reentry strategy in which inmates receive supervised conditional early release from correctional confinement I Federal parole decisions made by US Parole Commission 0 ProbationParole Of cer Duties 0 Four functions presentence investigations intake procedures diagnosis and needs assessment and client supervision o Probation vs Parole O O O Probationers avoid jail time while parolees do not Probationers receive punishment from judge while parolees receive from parole board based on criteria met in prison such as good behavior Advantages of ProbationParole I Low Cost I Restitution I Community Support I Reduced risk of criminal sanctions I Better rehabilitation opportunities 0 Disadvantages I Lack of punishment I Increased risk to community I Greater social costs 0 Split and mixed Sentences 0 Split Sentencing 7 a combination of a brief period of imprisonment and probation 0 Mixed Sentencing 7 a sentence that requires that convicted offender serve weekends in a confinement facility while undergoing probationary supervision in the community 0 House Arrest 0 Special need offenders o Revocation of ProbationParole o A court order taking away a convicted offenders probationary status and usually withdrawing the conditional freedom associated with that status in response to a violation of the conditions of probation 0 Security Levels at Prisons 0 Minimum I Dormitory style I Prisoners have freedom of movement I Work is done under general supervision I Guards are unarmed I No gun towers I Prisoners sometimes allowed to wear own clothes 0 Medium I More windows I Barbed wire instead of large concrete walls I Sometimes uses dormitory style housing I Allows inmates more freedom to move about I Rely on coun mechanism 0 Max I Death Row Inmates held at Max security I High fences with walls of concrete I Several barriers between living areas I Armed guards I Gun towers o Majority of jailed inmates are minorities 0 Criminal Justice System and Process 0 Discretion of Juvenile Justice System vs Adult Justice System