Study Notes for ADJUS 120 Quiz #1

What are the three components on the Criminal Justice system?

 Police/Law Enforcement - Call For Help, Response, Investigation, Arrest, Booking Into Jail
 Courts - Responsible for the arraignments, trial and sentencing of defendants
a. (State)Dual Court / Judicial System - consist of separate judicial system for each state in
addition to a national system.
i. State courts will hear cases based on civil and criminal violations.
b. (Federal)U.S. Supreme Court is responsible for correction certain errors made in all
other court systems.
i. U.S. Supreme Court will only hear cases involving federal law or constitutional
rights.
 Corrections - Responsible for carrying out the sentences of probation, jail or prison and
eventually release.

What is a System?

 A complex whole made up of interdependent parts whose actions are directed toward goals and
influenced by the environment in which they function.
a. Consists of 3 Components (Described in the topic above).

What is The Social Strain Theory?

 In criminology, the strain theory states that social structures within society may encourage
citizens to commit crime. (Robert K. Merton 1938)

What is Crime?

 Conduct that violates criminal law for which there is no legally accepted justification or excuse
(An act committed or omitted in violation of a law forbidding or commanding it and for which
punishment is imposed upon conviction.)
a. US Criminal Law is defined by elected representatives in state legislatures and congress
who make choices about the behaviors that the government will punish.
i. Two Types:
1. mala in se - crimes that are wrong in themselves
2. mala prohibita - they are consider crimes because they are prohibited
by the government and not because they are wrong in themselves.
3. crimes can also be classified as felonies or misdemeanors depending on
whether the prescribed punishment is more or less than a year in prison.

What is Social Justice?

 Social Justice enhances all aspects of civilized life and is linked to fundamental notions of
fairness & cultural beliefs of right and wrong.
 a. Two components of Social Justice:
i. Civil Justice - deals with fairness in relationships between citizens, government
agencies, and business in private matters.
ii. Criminal Justice - Refers to the aspects of Social Justice involving violations of
the criminal law, as well as the protection of the innocent, fair treatment of
offenders, and fair play by the criminal justice system.

What does the Classic School (Criminal Law) discuss?

 A school of criminology that views behavior as stemming from free will, demands
responsibility and accountability of all perpetrators, and stresses the need for punishments
severe enough to deter others.
 Before the 18th Century, people believed those who did wrong were possessed by the devil, and
punishment was usually severe.
 In 1764 Cesare Baccaria attempted to explain crime in worldly terms not religious terms.
Beccaria's ideas prompted reformers to make criminal law and procedures more rational and
consistent. The main principles then becoming:
a. Criminal behavior is rational and most people have the potential to engage in it.
b. People may choose to commit a crime after weighing the costs and benefits of their
actions.
c. Fear and Punishment is what keeps most people in check, therefore the severity,
certainty and speed of punishment affects the level of crime.
d. The punishment should fit the crime rather than the person who committed it.
e. The criminal justice system must be predictable, with laws and punishments known to
the public.

What is a rational and irrational actor?

Who is a Victim?

 Not everyone has an equal chance of being victimized by crime, research shows that members
of certain demographic groups are more likely to be victimized than others.
a. What are Victim Impact Statements? - This is the 2nd source of crime data (National
Crime Victimization Survey), Sponsored by The Bureau of Justice Statistics, it asks victims
about their encounters with criminals during the crimes, not that accurate when
receiving surveys from younger generation.

What is the UCR - Uniformed Crime Reports?

 An annually published statistical summary of crimes reported to the police, based on voluntary
reports to the FBI by local, state and federal law enforcement agencies.
 a. 3 ways we measure crime - (1)Official Data (UCR), (2)Victims Surveys (NCVS) and
(3)Public Reports (less likely to report in some crimes such as rape).
b. Agencies learn of crime - (1) Victims (NCVS), (2) Witnesses and (3) On View)
c. UCR provided data on 8 Index Crime
i. Violent Crimes:
1. Criminal Homicide
2. Forcible Rape
3. Robbery
4. Aggravated Assault
ii. Property Crimes:
1. Burglary
2. Larceny/Theft
3. Auto Theft
4. Arson

How is the UCR calculated for accurate localized data?

 # of reported crimes divided by the total U.S. population multiplied by 100,000 people equals
the crime rate.

How the amendments in the U.S. Constitution relate to Law Enforcement:

 4th Amendment - The right of the people to be secure in their persons, houses, papers, and
effects against any unreasonable {illegal} searches and seizures.
a. The Courts Remedy if an officer violates the 4th amendment - The Exlusionary Rule (The
exclusionary rule is a legal principle in the United States, under constitutional law,
which holds that evidence collected or analyzed in violation of the defendant's
constitutional rights is sometimes inadmissible for a criminal prosecution in a court of
law. )
 14th Amendment - The Constitutions Amendment put in place to protect all person's born or
naturalized in the United States from the denial by government or law enforcement of due
process by law or equal protection under the law.