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Criminal Justice System


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Criminal Justice System - is the system of practices Justice - the quality of being just, fair and reasonable.
and institutions of governments directed at upholding
social control, deterring and mitigating crime or Rule of law - is a legal maxim whereby governmental
sanctioning those who violate laws with criminal decisions be made by applying known legal principles.
penalties and rehabilitation efforts.
Judge - a public officer who presides over court
Goals of Criminal Justice proceedings and hear and decide cases in a court of law
1. to protect individuals and society either alone or as part of a panel of judges.
2. to reduce crime by bringing offenders to
Prosecutor - the person responsible for presenting the
justice
case  in a criminal trial against an individual accused of
3. to increase the security of the people breaking the law.

Criminal Justice System consists of three main Law - is a system of rules of conduct established by the
parts sovereign government of a society to correct wrongs,
1. legislative - create laws maintain the stability of political and social authority
2. courts - adjudication and deliver justice.
3. corrections - jail, prison, probation, parole
Plaintiff - the person who brings a case against
Participants of Criminal Justice System another in court of law.
1. police - first contact of offender since they
Respondent - the defendant in a lawsuit.
investigate wrongdoing and makes arrest.
2. prosecution - proves the guilt or innocence of Appellee - the respondent in a case appealed to a
wrongdoers. higher court.
3. court - venue where disputes are settled and
justice is administered. Appellant - the party who appeals the decision of the
4. correction - after accused is found guilty, he is lower court. A person who applies to a higher court for
put to jail or prison to be reformed. a reversal of the decision of a lower court.
5. community - where the convict after service of
sentence comes back to be integrated to be a Stare Decisis - the legal principle of determining
points in litigation according to precedent. Latin for "to
productive member of society.
stand by that which is decided", general practice of
adhering to previous decisions when it makes new one.
Community Policing - the system of allocating
officers to particular areas so that they become familiar
with the local inhabitants. Miranda Doctrine - criminal suspect has the right to
remain silent which means they have the right to refuse
Early History of Punishment to answer questions from the police.They have the right
1. Early Greece and Rome to an attorney and if they can not afford an attorney,
     a. most common state administered punishment one will be provided for them at no charge.
         was banishment and exile.
     b. economic punishment such as fins for such crime Pro Bono - legal work done for free.
         as assault on slave, arson, or house breaking.
2. Middle 5th to 15th century Writ - a form of written command in the name of the
     a. blood feuds were the norm. court or other legal authority to act or abstain from
     b. law and government not responsible for conflict. acting in some way.
3. Post 11th century feudal periods
     a. fine system, punishment often consisted of Subpoena - is a writ issued by a court authority to
         payment to feudal lord. compel the attendance of a witness at a judicial
     b. goals, public order and pacifying the injured. proceeding.
     c. corporal punishment for poor who can not pay.
4. 1500's Summon - a legal document issued by a court or
     a. urbanization and industrialization, use of torture administrative agency of government authoritatively or
         and mutilation showed and punishment began to urgently call on someone to be present.
         be more monetary based.
     b. use of gallery slaves - ship-rowers. Discretion - the use of personal decision making and
     c. shipped inmates to american colonies choice in carrying out operations in the criminal justice
5. 1700's - early 1800's system.
     a. increase in prison population
     b. gap between rich and poor widens What is twelve table? early Roman laws written
     c. physicality of punishment increases around 450 BC which regulated family.religious, and
economic life.
Goals of Punishment
1. General Deterrence - the state tries to convince What is the medical model of punishment?
    potential criminals that the punishment they face is - a view of corrections holding that convicted offenders
    certain, swift, and severe so that they will be afraid are victims of their environment or sick people who
    to commit an offense. were suffering from some social malady that prevented
2. Specific Deterrence - convincing offenders that the them into valuable members of society.
    pains of punishment is greater than the benefits of
    crime so they will not repeat their criminal offending What is the difference between Indeterminate
3. Incapacitation - if dangerous criminals are kept sentence and Determinate sentence?
    behind bars, they will not be able to repeat their 1. Indeterminate sentence
    illegal activities.     a. a term of incarceration with a stated minimum
4. Retribution/Just Desert - punishment should be no         and maximum length. ex. 3-10years
    more or less than the offenders actions deserve, it     b. prisoner is eligible for parole after the minimum
    must be based on how blameworthy the person is.         sentenced has been served.
5. Equity/Restitution - convicted criminals must pay     c. based on belief that sentences fit the criminal,
    back their victims for their loss, the justice system         indeterminate sentences allow individualized
    for the costs of processing their case and society         sentences and provide for sentencing flexibility.
    for any disruption they may have caused.     d. judges can set a high minimum to override the
6. Rehabilitation - if the proper treatment is applied,         purpose of the indeterminate sentence.
    an offender will present no further threat to society 2. Determinate sentence
7. Diversion - criminals are diverted into a community     a. a fixed term of incarceration ex. 3 years
    correctional program for treatment to avoid stigma     b. these sentences are felt by many to be
    of incarceration.The convicted offender might be         restrictive for rehabilitative purposes.
    asked to make payments to the crime victim or     c. offenders know exactly how much time they
    participate in a community based program that         have to serve.
    features counseling.
8. Restorative Justice - repairs injuries suffered by Various Factors Shaping Length of Prison Terms
    the victim and the community while insuring 1. Legal Factors
    reintegration of the offender.Turn the justice     a. the severity of the offense
    system into a healing process rather than a     b. the offenders prior criminal record
    distributor of retribution and revenge.     c. whether the offender used violence
    d. whether the offender used weapons
3 Broad Categories of Crime     e. whether the crime was committed for money
1. Sensational crime 2. Extra Legal Factors
2. Street Crime     a. social class
3. Corporate Crime, White Collar Crime, and     b. gender
    Organized Crime.     c. age
    d. victim characteristics
Sensational Crime - certain offenses are selected for
their sensational nature and made into national What are the institutions of socialization?
issues.Much of what we know about crime comes from 1. Family
the media. 2. Religion
3. Schools
Street Crime - includes a wide variety of acts both in 4. Media
public and private spaces including interpersonal
violence and property crime. Family - is the primary institution of socialization in
society.
 

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