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Criminal Justice 

System - is the system of practices and institutions of governments directed at uphold


social control, deterring and mitigating crime or sanctioning those who violate laws with criminal penaltie
and rehabilitation efforts.

Goals of Criminal Justice

1. to protect individuals and society


2. to reduce crime by bringing offenders to justice
3. to increase the security of the people

Criminal Justice System consists of three main parts

1. legislative - create laws


2. courts - adjudication
3. corrections - jail, prison, probation, parole

Participants of Criminal Justice System

1. police - first contact of offender since they investigate wrongdoing and makes arrest.
2. prosecution - proves the guilt or innocence of wrongdoers.
3. court - venue where disputes are settled and justice is administered.
4. correction - after accused is found guilty, he is put to jail or prison to be reformed.
5. community - where the convict after service of sentence comes back to be integrated to be a
productive member of society.

Community Policing - the system of allocating officers to particular areas so that they become familiar
the local inhabitants.

Early History of Punishment


1. Early Greece and Rome 
     a. most common state administered punishment 
         was banishment and exile.
     b. economic punishment such as fins for such crime
         as assault on slave, arson, or house breaking.
2. Middle 5th to 15th century 
     a. blood feuds were the norm.
     b. law and government not responsible for conflict.
3. Post 11th century feudal periods
     a. fine system, punishment often consisted of
         payment to feudal lord.
     b. goals, public order and pacifying the injured.
     c. corporal punishment for poor who can not pay.
4. 1500's
     a. urbanization and industrialization, use of torture
         and mutilation showed and punishment began to
         be more monetary based.
     b. use of gallery slaves - ship-rowers.
     c. shipped inmates to american colonies
5. 1700's - early 1800's
     a. increase in prison population
     b. gap between rich and poor widens
     c. physicality of punishment increases

Goals of Punishment
1. General Deterrence - the state tries to convince 
    potential criminals that the punishment they face is
    certain, swift, and severe so that they will be afraid
    to commit an offense.
2. Specific Deterrence - convincing offenders that the
    pains of punishment is greater than the benefits of 
    crime so they will not repeat their criminal offending
3. Incapacitation - if dangerous criminals are kept 
    behind bars, they will not be able to repeat their
    illegal activities.
4. Retribution/Just Desert - punishment should be no
    more or less than the offenders actions deserve, it
    must be based on how blameworthy the person is.
5. Equity/Restitution - convicted criminals must pay
    back their victims for their loss, the justice system 
    for the costs of processing their case and society
    for any disruption they may have caused.
6. Rehabilitation - if the proper treatment is applied,
    an offender will present no further threat to society
7. Diversion - criminals are diverted into a community
    correctional program for treatment to avoid stigma
    of incarceration.The convicted offender might be 
    asked to make payments to the crime victim or 
    participate in a community based program that
    features counseling.
8. Restorative Justice - repairs injuries suffered by 
    the victim and the community while insuring
    reintegration of the offender.Turn the justice 
    system into a healing process rather than a 
    distributor of retribution and revenge.

3 Broad Categories of Crime


1. Sensational crime
2. Street Crime
3. Corporate Crime, White Collar Crime, and 
    Organized Crime.

Sensational Crime - certain offenses are selected for their sensational nature and made into national
issues.Much of what we know about crime comes from the media.

Street Crime - includes a wide variety of acts both in public and private spaces including interpersonal
violence and property crime.
Justice - the quality of being just, fair and reasonable.
Rule of law - is a legal maxim whereby governmental decisions be made by applying known legal princip

Judge - a public officer who presides over court proceedings and hear and decide cases in a court of law
either alone or as part of a panel of judges.

Prosecutor - the person responsible for presenting the case  in a criminal trial against an
individual accused of breaking the law.

Law - is a system of rules of conduct established by the sovereign government of a society to correct
wrongs, maintain the stability of political and social authority and deliver justice.

Plaintiff - the person who brings a case against another in court of law.

Respondent - the defendant in a lawsuit.

Appellee - the respondent in a case appealed to a higher court.

Appellant - the party who appeals the decision of the lower court. A person who applies to a higher cour
a reversal of the decision of a lower court.

Stare Decisis - the legal principle of determining points in litigation according to precedent. Latin for "to
stand by that which is decided", general practice of adhering to previous decisions when it makes new on

Miranda Doctrine - criminal suspect has the right to remain silent which means they have the right to
refuse to answer questions from the police.They have the right to an attorney and if they can not afford a
attorney, one will be provided for them at no charge.

Pro Bono - legal work done for free.

Writ - a form of written command in the name of the court or other legal authority to act or abstain from
acting in some way.

Subpoena - is a writ issued by a court authority to compel the attendance of a witness at a judicial
proceeding.

Summon - a legal document issued by a court or administrativeagency of government authoritatively or


urgently call on someone to be present.

Discretion - the use of personal decision making and choice in carrying out operations in the criminal
justice system.

What is twelve table? early Roman laws written around 450 BC which regulated family.religious, and
economic life.

What is the medical model of punishment?


- a view of corrections holding that convicted offenders are victims of their environment or sick people wh
were suffering from some social malady that prevented them into valuable members of society.

What is the difference between Indeterminate sentence and Determinate sentence?


1. Indeterminate sentence
    a. a term of incarceration with a stated minimum 
        and maximum length. ex. 3-10years
    b. prisoner is eligible for parole after the minimum
        sentenced has been served.
    c. based on belief that sentences fit the criminal,
        indeterminate sentences allow individualized
        sentences and provide for sentencing flexibility.
    d. judges can set a high minimum to override the
        purpose of the indeterminate sentence.
2. Determinate sentence
    a. a fixed term of incarceration ex. 3 years
    b. these sentences are felt by many to be 
        restrictive for rehabilitative purposes.
    c. offenders know exactly how much time they 
        have to serve.

Various Factors Shaping Length of Prison Terms


1. Legal Factors 
    a. the severity of the offense
    b. the offenders prior criminal record
    c. whether the offender used violence
    d. whether the offender used weapons
    e. whether the crime was committed for money
2. Extra Legal Factors
    a. social class
    b. gender
    c. age
    d. victim characteristics

What are the institutions of socialization?


1. Family
2. Religion
3. Schools
4. Media

Family - is the primary institution of socialization in society.

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