Criminal Justice Notes

John Hill
Chapter 1 Criminal Justices Today
Crime An offense punishable by statute. (an act that violates criminal law and is punishable by
criminal sanctions.) {Also as a wring against society proclaimed by law and, if committed under
certain circumstances, punishable by society}
Consensus model, a criminal justice model in which the majority of citizens in a society share
the same values and beliefs. Criminal acts are acts that conflict with these values and beliefs and
that are deemed harmful to society. Assumes that a diverse group of people have similar morals;
that is, they share an ideal of what is right and wrong.
VS.
Conflict model, a criminal justice model in which the content of criminal law is determined by
the groups that hold economic, political, and social power in a community.
Crime Control A Criminal justice model that places primary emphasis on the right of society to
be protected from crime and violent criminals. Crime control values emphasize speed and
efficiency in the criminal justice process; the benefits of lower crime rates outweigh any possible
costs to individual rights.
VS.
Due Process a criminal justice model that places primacy on the right of the individual to be
protected from the power of the government. Due process values hold that the state must prove
a persons guilt within the confines of a process designed to safeguard personal liberties as
enumerated in the Bill of Rights.
Mala is Se A descriptive term for acts that are inherently wrong, regardless of whether they
are prohibited by law. (Murder, Rape and theft)
Mala Prohibita A descriptive term for acts that are made illegal by criminal statute and are
not necessarily wrong in and of themselves. (The acts that are considered crimes due to human
made laws.)
Misdemeanor a criminal offense that is not felony; usually punishable by a fine and/ or a jail
term of less than one year. (Not so serious crime)
Felony A serious crime, usually punishable by death or imprisonment for a year or longer.
Infraction In most jurisdictions, a noncriminal offense for which the penalty is a fine rather
than incarceration.
Tort A wrongful act or an infringement of a right (other than under contract) leading to civil
legal liability.
Case Law The law as established by the outcome of former cases. The rules of law announced
in court decisions. Case law includes the aggregate of reported cases that interpret judicial
precedents, statutes, regulations, and constitutional provisions.
Stare Decisis The legal principle of determining points in litigation according to precedent. A
common law doctrine under which judges are obligated to follow the precedents established by
prior decisions.
Purpose of the Criminal Justice System
1) Control Crime
2) Prevent Crime
3) Provide and maintain justice
3 Components or Criminal Justice System
1) Police
2) Courts
3) Corrections

3 Levels
1) Federal
2) State
3) Local

Discretion The ability of individuals in the criminal justice system to make operational
decisions based on personal
judgment instead of formal rules or official information.
Black

Gray

White

Discretion

Crime

Chapter 2 3 Measure/ Explain Crime

Criminology The scientific study of crime and the causes of criminal behavior.
Domestic Violence: The act of willful neglect or physical violence that occurs within a familial
or other intimate relationship.
Victimology A school of criminology that studies why certain people are the victims of crimes
and the optimal role for victims in the criminal justice system.
Utilitarianism: An approach to ethical reasoning in which the correct decision is the one that
results in the greatest amount of good for the greatest number of people affected by that
decision.
Repeat Victimization: the theory that certain people and places are more likely to be subject
to criminal activity and that past victimization is therefore a valuable crimp prevention tool
because it is a strong indicator of future victimization.
Chromic Offender: A delinquent or criminal who commits multiple offenses and is considered
part of a small group of wrongdoers who are responsible for a majority of the antisocial activity in
any given community.
Civil Law: The branch of law dealing with the definition and enforcement of all private or public
rights, as opposed to criminal matters.
Plaintiff: The person or institution that initiates a lawsuit in civil court proceedings by filing a
complaint. In doing so, this party seeks a legal remedy to the matter in question.
Defendant: In a civil court, the person or institution against whom an action is brought. In a
criminal court, the person or entity who has been formally accused of violating a criminal law.
Liability: In a civil court, legal responsibility for ones own or anothers actions.
6 theories
1) choice Theory conscious choice weighing the decisions (Moab, Drug Dealers, Mafia ect.)
2) Bio/ Psychological theory Faulty Genetics/ or mental disorder.
3) Social Process (Natural) Upbringing, Friends/ Family
4) Social Structure Environment
5) Conflict Structure Us vs. Them
6) Integrated Theory Misc.
Maruim WolfGangs cohort study 1945-1963
Phila, PA
Followed 10,000 boys for 18 years
Chromic 6%
ended with 9,945
boys
71% of Murders
73% of Rapes
69% of Assaults
82% of Robberies
UCR Uniform Crime Report An annual report compiled by the FBI to give an indication of
criminal activity in the United States. The FBI collects data from local, state, and federal law
enforcement agencies in preparing this report. (uniform crime report)
NSA National Security Agency The intelligence agency that is responsible for protecting
U.S. government communications and producing intelligence by monitoring foreign
communications. (Nation crime victim survey)
NIBRS Nation Crime Victim Survey Crime is a result of conscious choices.
Sun Pa Que When you have white on all 4 sides of your eye balls.
85% to 90% of crimes are the same race.
10% to 15% of crimes are opposite races.
Chapter 4 Criminal Law
The criminal Justice system is based on English common Law
Common Law: The body of law developed from custom or judicial decisions in English and U.S.
courts and not attributable to a legislature.
Constitutional Law: Law based on the U.S. Constitution and the constitutions of the various
states.
2 Elements of a crime
1)Actus Reus A guilty act. The commission of a prohibited act is one of the two essential
elements normally required for criminal liability, the other element being the intent to commit a
crime.

2) Mens Rea Mental state, or intent. A wrongful mental state is usually as necessary as a
wrongful act to establish criminal liability.
1)Purposely, 2) Knowingly, 3) Willingly, 4) Negligently
Civil Law The Branch of law dealing with the definition and enforcement of all private or public
rights, as opposed to criminal matters.
Bill of Rights The First tem amendments to the U.S. Constitution.
Defenses
- Insanity A defense for criminal liability that asserts a lack of criminal responsibility. According
to the law, a person cannot have the requisite state of mind to commit a crime if she or he did
not know at the time of the act that it was wrong, or did not know the nature and quality of the
act.
- Age (7) Infancy: A condition that, under early American law, excused young wrongdoers of
criminal behavior because presumably they could not understand the consequences of their
actions.
- Intoxication: (Involuntary) a defense for criminal liability in which the defendant claims that
the taking of intoxicants rendered him or her unable to form the requisite intent to commit a
criminal act.
- Mistake
- Duress: Unlawful pressure brought to bear on a person, causing the person to perform an act
that he or she would not otherwise perform.
- Justifiable/ Self Defense (Force)
- Necessity: A defense against criminal liability in which the defendant asserts that
circumstances required her or him to commit an illegal act.
- Entrapment: A defense in which the defendant claims that he or she was induced by a public
official usually an undercover agent or police officer to commit a crime that he or she would
otherwise not have committed.
Due Process Clause: The provisions of the fifth and fourteenth amendments to the constitution
that guarantee that no person shall be deprived of life, liberty, or property without due process of
law. Similar clauses are found in most state constitutions.
Procedural Due Process: A provision in the Constitution that states that the law must be
carried out in a fair and orderly manner.
Chapter 5 Police Law enforcement today
U.S. police has English origins
Shire Reeve Origins of American Sheriff
1829 London Metro Politian Police 1st Police
-Sir Robert Peel Bobbies (English)
-American Robert Peel Chief August Vollmer
1844 NYPD first police in America 24/7, 365 days a year
1906 Pennsylvania 1st state police
Law Enforcement Agencies
Federal, State and Local 3 types of courts, 3 types or police
-Americans only want local police and dont want federal police like military or TSA
-3,000 plus sheriffs departments in the U.S.
-1,500 other police (Motor carrier police)
-50 75 100 federal Agencies (FBI, DEA, ect)
-13 14 15 Municipal Police (Local)
-49 State police (Hawaii is the only state that doesnt have a state police)
- 12,766 Local police departments.
- 3,067 Sheriffs departments.
- 1,481 special police agencies, limited to policing parks, schools, airports, and other areas.
- 70 Federal law enforcement agencies.
3 eras of U.S. Policing
Political
Reform

Community

Today

1840

1930

1980

2000

The Responsibilities of the Police

1) To Enforce laws
2) To provide services
3) To prevent crime
4) To preserve the peace
Chapter 6 Challenges to Effective Policing
Discretion = The ability of individuals in the criminal justice system to make operational
decisions based on personal judgment instead of formal rules or official information.
Basic Hiring Requirements for police officers: Be a U.S. citizen, not have been convicted of
a felony, have or be eligible to have a drivers license in the state where the department is
located, be at least 21 years of age, meet weight, height and eyesight requirements. Sometimes
beyond these requirements will they do extensive background checks and drug tests.
Patrol is the backbone of policing: to prevent and deter crime and also provide social
services.
1) Preventive Patrol: by maintaining a presence in a community either in a car or on foot, patrol
officers attempt to prevent crime from occurring. This was the cornerstone of early policing.
2) calls for service: Patrol officers spend nearly a quarter of their time responding to 911 calls for
emergency service or other citizen problems and complaints.
3) The 24 hour provision of services that are not crime related
4) The maintenance of public order and a sense of security in the community.
General Patrol: A patrol strategy that relies on police officers monitoring a certain area with the
goal of detecting crimes in progress or preventing crime due to their presence; also known as
random or preventive patrol.
Directed Patrol: A patrol strategy that is designed to focus on a specific type of criminal
activity at a specific time.
Sworn Officer: A law enforcement agent who has been authorized to make arrests and use
force, including deadly force, against civilians.
Interpreting the Kansas City experiment:
150,000 people in the areas population. Happened in the 1971-1972, no one in the area knew
that this experiment was going on. Results came out in 1973. Spit the City into 3 sections
Proactive Arrests: Arrests that occur because of concerted efforts by law enforcement
agencies to respond to a particular type of criminal or criminal behavior. (2 to 3 times more
police)
Reactive Arrests: Arrests that come about as part of the ordinary routine of police patrol and
responses to calls for services. (No Cops) {nothing changed crime didnt go up or down}
Control Group: No Changes
Broken Windows Theory: Wilson and Kellings theory that a neighborhood in disrepair signals
that criminal activity is tolerated in the area. Thus, by cracking down on quality-of-life crimes,
police can reclaim the neighborhood and encourage law-abiding citizens to live and work there.
Community Policing: A policing philosophy that emphasizes community support for and
cooperation with the police role that is less centralized and more proactive than reform-era
policing strategies.
Duty: The moral sense of a police officer that she or he should apply authority in a certain
manner.
Reasonable Force: The degree of force that is appropriate to protect the police officer or other
citizens and is not excessive.
Deadly Force: Force applied by a police officer that is likely or intended to cause death.
Police Corruption: The abuse of authority by law enforcement officer for personal gain.

Chapter 7 Police &The Constitution - The Rule of Law (Search & Seizure)
4th Amendment: The right of the people to be secure in their persons, house, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall
issue, but upon probable cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
5th Amendment: No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising in the land or
naval forces, or in the militia, when in actual service in time of war or public danger; nor shall
any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be
completed in any criminal case to be a witness against himself, nor be deprived of life, liberty, or
the property, without due process of law; nor shall private property be taken for public use,
without just compensation.
Searches and Seizures: The legal term, as found in the Fourth Amendment of the U.S.
Constitution, that generally refers to the searching for and the confiscation of evidence by law
enforcement agents.
Probable Cause: Reasonable ground to believe the existence of facts warranting certain
actions. Such as the search or arrest of a person.
Good Faith Exception: The legal principle, established through court decisions, that
evidence obtained with the use of a technically invalid search warrant is admissible during trail if
the police acted in good faith when they sought the warrant from a judge.
Stop: A brief detention of a person by law enforcement agents for questioning. The agents must
have a reasonable suspicion of the person before making a stop.
Frisk: A pat- down or minimal search by police to discover weapons; conducted for the express
purpose of protection the officer or other citizens, rather than finding evidence of illegal
substances for use in a trail.
Arrest: To take into custody a person suspected of criminal activity. Police may use only
reasonable levels of force in making an arrest.
Arrest Warrant: A written order, based on probable cause and issued by a judge or magistrate,
commanding that the person named on the warrant be arrested by the police.
Warrantless Arrest: An arrest made without first seeking a warrant for the action; permitted
under certain circumstances, such s when the arresting officer has witnessed the crime or has
probable cause that the suspect has committed a felony.
Exigent Circumstances: Situations that require extralegal or exceptional actions by the police.
In these circumstances, police officers are justified in not following procedural rules, such as
those pertaining to search and arrest warrants.
Search: The process by which police examine a person or property to find evidence that will be
used to prove guilt in a criminal trial.
Search Warrant: A written order, based on probable cause and issued by a judge or magistrate,
commanding the police officers or criminal investigators search a specific person, place, or
property to obtain evidence.
Seizure: The forcible taking of a person or property in response to a violation of the law.
Consent Searches: Searches by police that are made after the subject of the search has agreed
to the action. In these situations, consent, if given of free will, validates a warrantless search.
Interrogation: The direct questioning of a suspect to gather evidence of criminal activity and to
try to gain a confession.
Custody: The forceful detention of a person, or the perception that a person is not free to leave
the immediate vicinity.
Miranda Rights: The constitutional rights of accused persons taken into custody by law
enforcement officials. Following the U.S. Supreme Courts decision in Miranda vs. Arizona (66),
on taking an accused person into custody, the arresting officer must inform the person of certain
constitutional rights, such as the right to remain silent and the right to counsel.
Terry vs. Ohio (1968): The precedent for the ever-elusive definition of a reasonable suspicion
in stop and frisk situations was established.
Escobedo Vs. Illinois (1964): Right to Lawyer

Exclusionary Rule: A rule under which any evidence that us obtained in violation of the
accuseds rights under the Fourth, Fifth and Sixth Amendments, as well as any evidence derived
from illegally obtained evidence, will not be admissible in criminal court.
Stop
Arrest
Justification
Reasonable Suspicion
Probable Cause
Warrant
None
Required in some, but not all situations
Intent of Officer
To investigate suspicious activity
To make a formal charge against
the suspect
Search
May frisk or pat down for weapons
May conduct a full search for
weapons or evidence
Scope of Search
Outer clothing only
Area within the suspects immediate
control or reach
Test Prep
- Uniform Crime Reports: An annual FBI publication that summarizes the incidence and rate of
reported crimes throughout the United States.
- The UCR is based upon: work by the International Association of Chiefs of Police (IACP) and the
Social Science Research Council throughout the 1920s to create a uniform national set of crime
statistics, reliable for analysis. In the 1920s, the International Association of Chiefs of Police (IACP)
recognized the potential value in tracking national crime statistics. The Committee on Uniform Crime Records of
the IACP developed and initiated this voluntary national data collection effort in 1930.

- The UCR is not mandatory it is all voluntary.

Section 2
Chapter 8 Courts
Jurisdiction: The authority of a court to hear and decide cases within an area of the law or
geographic territory.
Concurrent Jurisdiction: The situation that occurs when two or more courts have the authority
to preside over the same criminal case.
Extradition: The process by which one jurisdiction surrenders a person accused or convicted of
violating another jurisdictions criminal law to the second jurisdiction.
Trial Courts: Courts in which most cases usually begin and in which questions of fact are
examined.
Appellate Courts: Courts that review decisions made by lower courts, such as trial courts; also
known as courts of appeals.
Dual Court System: The separate but interrelated court system of the United States, made up
of the courts on the national level and the courts on the state level.
Supreme Court of the United States
U.S. Courts of Appeals
Highest State Courts
Federal Administrative Agencies/ U.S. District Courts/ Specialized U.S Courts State Courts of
Appeals
State Trial Courts State
Administrative
Local Trial Courts of Limited
Jurisdiction
Judicial Review: The power of a court particularly the United States Supreme Court to
review the actions of the executive and legislative branches and, if necessary, declare those
actions unconstitutional.
Docket: The list of cases entered on a courts calendar and thus scheduled to be heard by the
court.
Recusal: The withdrawal of the judge from legal proceedings when her or his impartiality might
reasonably be questioned.
Impeach: To change a public official with misconduct. As authorized by Article 1 of the
Constitution, the House of Representatives votes on impeachment; if the measure passes, the

matter is sent to the Senate for a vote to remove the president, vice president, or civil officers of
the United States.
Courtroom Work Group: The social organization consisting of the judge, prosecutor, defense
attorney, and other court workers. The relationships among these persons have a far-reaching
impact on the day-to-day operations of any court.
Chapter 9 Courts
Public Prosecutors: Individuals, acting as trial lawyers, who initiate and conduct cases in the
governments name and on behalf of the people.
Attorney General: The chief law officer of a state; the chief law officer of the nation.
Defense Attorney: The lawyer representing the defendant. Bad Guy
Public Defenders: Court appointed attorneys who are paid by the state to represent defendants
who are unable to hire private counsel.
Prosecutor: Good Guys States attorney, ect.
Grand Jury: the group of citizens call to decide whether probable cause exists to believe that a
suspect committed the crime with which she or he has been charged. Guilty or Innocent
Judge: Enforces & court room rules. Like the referee
Chapter 10 Courts
Bench Trial: When no jury is needed and the judge decided if the defendant is Innocent or
Guilty.
Statute of Limitations: A law limiting the amount of time prosecutors have to bring criminal
charges against a suspect after the crime has occurred.
Venire: The group of citizen from which the jury is selected.
Verdict: A formal decision made by the jury.
Appeal: The process of seeking a higher courts review of a lower courts decision for the
purpose of correcting or changing the lower courts judgment or decision.
Chapter 11 Punishment & Sentencing
Deterrence: The strategy of preventing crime through the threat of punishment. Assumes that
potential criminals will weigh the cost of punishment versus the benefits of the criminal act.
Incapacitation: A strategy for preventing crime by detaining wrongdoers in prison, thereby
separating them from the community and reducing criminal opportunities.
Restitution: Monetary compensation for damages done to the victim by the offenders criminal
act.
Capital Punishment: The use of the death penalty to punish wrongdoers for certain crimes.
Bail: The amount or conditions set by the court to ensure that an individual accused of a crime
will appear for further criminal proceedings. If the accused person provides bail, whether in cash
or by means of a bail bond, then she or he is released from jail.
Fine: A fee that you are charge for a criminal act.
Community Service: Another way the courts use if a Fine or jail time isnt required.
House Arrest/ Electronic Monitoring: A community-based sanction in which the offenders
serve their terms of incarceration in their home.