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Stages in the Arrest Process |
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Definition
Custody Prosecution Preliminary Hearing Grand Jury Arraingment Bail Detention Plea Bargaining Trial Sentencing Appeal Corrections Release |
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Judiciary Legislative Executive |
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decide if laws meet constitutional guidelines |
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elected officials who pass new laws or update existing ones |
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carry out the criminal justice process |
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Crime Control Rehabilitation Due Process Nonintervention Equal Justice Restorative |
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Crime Control Perspective |
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emphasizes control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime. |
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Rehabilitation Perspective |
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sees crime as an expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyles through conventional endeavors. |
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emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings. |
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Nonintervention Perspective |
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favors the least intrusive treatment possible; decarceration, diversion and decriminalization. |
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Equal Justice Perspective |
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based on the idea that all people should receive the same treatment under the law and should be evaluated on the basis of their current behavior, not past. |
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Restorative Justice Perspective |
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sees the main goal of the criminal justice system as making a systematic response to wrongdoing that emphasizes healing victims, offenders and communities wounded by crime. Peacemaking, not punishment. |
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Crime Defined - Consensus View |
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Definition
the great majority of citizens agree that certain behaviors must be outlawed or controlled, and that criminal law is designed to protect citizens from social harm. |
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Crime Defined - Conflict View |
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Definition
created and enforced by those who hold political and economic power and is a tool used by the ruling class to control dissatisfied have-not members of society. |
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Crime Defined - Interactionist View |
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Definition
criminal law reflects the preferences and opinions of people who hold social power in the society and use their influence to impose their own values and moral code on the rest of the population. |
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referred to as victimless crimes, these acts are criminalized because they conflict with social norms, moral values and current public opinion. |
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kill many victims in a single outburst |
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spread their murderous outburst over a few days or weeks |
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kill over a long period of time but typically assume a normal identity between murders. |
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personal decision based on the evaluation of available info. risk vs. reward |
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preventing crime before it occurs by means of the threat of criminal sanctions. |
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little hard evidence for deterrent effect of fear of the law alone - more effect on less serious crime factors inhibiting the sanctioning power of the law |
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Specific Deterrence/Incarceration |
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Definition
belief that experience will shape criminal choices - 3 strikes law and capital punishment |
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most people do not violate the law because of their social bonds to family, peers, school, etc. |
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human behavior is learned trough observation of human social interactions, either directly from those in close proximity or indirectly from the media. |
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defines crimes and punishments. involves mental and physical elements of crime, categories and defenses. |
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basic rules of practice such as rules of evidence, arrest law, search and seizure, appeal, right to counsel. |
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set of rules governing relations between private parties such as wills, contracts, trusts and property ownership. |
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Mens Rea (Mental Element) |
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a guilty mind: the intent to act when legally required. |
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Actus Reus (Physical Element) |
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an illegal act or failure to act when legally required. |
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Criminal Defenses: Excuse |
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Definition
insanity, intoxication, ignorance, age and entrapment |
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Criminal Defenses: Justification |
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Definition
consent, necessity, duress and self-defense |
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fifth & fourteenth amendments substantive - limiting legislative and executive powers procedural - ensures adjudication processes is valid and laws are fair and impartial |
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fifth & fourteenth amendments substantive - limiting legislative and executive powers procedural - ensures adjudication processes is valid and laws are fair and impartial |
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Term
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Definition
fifth & fourteenth amendments substantive - limiting legislative and executive powers procedural - ensures adjudication processes is valid and laws are fair and impartial |
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