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What is the Criminal Justice System? |
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“The system of law enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution, and control of those charged with criminal offenses” (p. 4). |
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Criminal Justice System Agencies: Legislative |
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defines the law by deciding what conduct is not allowed, and establishes penalties for those who violate the law. Shapes Justice Policy by act acting as a public forum on different issues |
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Criminal Justice System Agencies: Judicial |
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interpruts existing laws, determines if they meet constitutional requirements. Has the power to determine weather existing operations fall within State and US constitution. Judical branch checks laws to make sure they are constitutionally sound |
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Criminal Justice System Agencies: Executive |
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executive branch enforces the laws, they deal out the money to agencies to make things happen |
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A societies ability to control individual behavior in order to serve the best interests and welfare of the society as a whole |
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Wedding Cake: Level 1 Top |
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Celebrated cases, involving wealthy and famous people. Highly publicized. OJ Simpson |
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Serious felonies, rape, murders that would be on the news. |
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First time victims, couples that have been dating and one argues that they were raped, etc. |
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Wedding Cake: Level 4 Bottom |
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Everyday crime, shop lifting, MIP, minor assault |
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Are relatively minor crimes and usually only punishable by fine or a maximum of one year in jail. |
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Are more serious crimes that are punishable by fine, prison term, and in some cases, death |
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Prosecutor Defense attorney Judge Other court personnel |
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The Rehabilitation Perspective |
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Carrying and treating people that cannot manage themselves, views crime as an expression of frustration and anger created by social inequality |
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The Due Process Perspective |
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the greatest concern of the justice system is to treat everyone fairly that are accused of crime |
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The Nonintervention Perspective |
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Justice agencies should be limited in their involvement of criminal defendants |
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Equal Justice Perspective |
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Everyone gets same treatment under the law |
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Restorative Justice Perspective |
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The purpose; to promote an equal and just society |
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Civil law is the branch of the law that protects the individual rather than the public interest |
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Criminal Law is the branch of law that protects the state and all who reside in the state |
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Gang Violence Multiple murders Mass murder Spree killers Serial Killers Intimate violence Hate Crimes |
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Public order crimes and vice crimes |
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Prostitution Substance Abuse |
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Amateur and professional thieves White-collar crime Organized crime |
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A crime involves an act of failure to act. You cannot be punished for bad thoughts |
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Criminal punishment is ordinarily directed at individuals who intentionally, knowingly, recklessly, or negligently harm other individuals or property |
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The study of the behavior that society has deemed to be unacceptable and worthy of punishment. |
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The criminal act and criminal intent must coexist or accompany one another |
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The defendant’s act must cause the harm required for criminal guilt, death in the case of homicide, and the burning of a home or other structure in the case of arson |
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Individuals must receive reasonable notice of acts that are criminal so to make a decision to obey or violate the law (no crime without law, no punishment without law) |
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The repercussion(s) of a criminal act |
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Criminal guilt is not imposed on Individuals who are able to demonstrate that their criminal act is justified or excused |
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The International Association of Chiefs of Police (IACP) |
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Civil service police force Centralized organizational structure Specialized units |
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The Wickersham Commission |
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National Commission on Law Observance and Enforcement |
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Four Types of Intent: General Intent |
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Is the intent to break a law or do something that may lead to a violation of the law |
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Four Types of Intent: Specific Intent |
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Is a mental determination to accomplish a specific illegal result |
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Four Types of Intent: Transferred Intent |
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Applies when an individual intends to attack one person but inadvertently injures another |
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Four Types of Intent: Constructive Intent |
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Individuals grossly and wantonly reckless are considered to intend the natural consequences of their actions *driving to fast for the snowy conditions |
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Eras of Policing:Political era |
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Eras of Policing: Reform era |
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Eras of Policing: Community problem solving era |
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Justification v. Excuse Defenses |
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Police Style: The crime fighter |
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Police Style: The social agent |
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Police Style: The law enforcer |
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Police Style: The watchman |
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Problems of Policing; Corruption |
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Varieties of corruption: Knapp Commission Meat-eaters/Grass-eaters Internal corruption Selective enforcement/non-enforcement Active criminality Bribery and extortion |
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Carroll v. United States The Evolution of Carroll v. United States Scope of the automobile search Searching drivers and passengers Pretext stops Roadblock searches |
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Search Incident to a Lawful Arrest |
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The search must be conducted at the time or immediately following the arrest The police can only search the suspect and the area in the suspects immediate control |
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Issued by a judge to arrest a specific individual |
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An order issued by a judge for officers to search a specific premise for specified objects |
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Warrantless Searches and Arrests: Exigent Circumstances |
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Hot pursuit Danger of escape Threats to evidence Threats to others |
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The Future of the Exclusionary Rule |
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Current Status of the Exclusionary Rule |
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-Three major exceptions -Independent source -Good faith -Inevitable discovery |
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Four mental states used by most states and the MPC (Model Penal Code) |
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Purposely, Knowingly, Recklessly, Negligently |
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