Introduction to Criminal Justice. Text: Introduction to Criminal Justice , 5th ed. Robert M. Bohm and Keith N. Haley. What is Criminal Justice Really All About?. Sensational Cases TV dramas (Page 5 Nielsen ratings) 6 of the top 10 watched shows are LE related.
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Introduction to Criminal Justice, 5th ed.
Robert M. Bohm and Keith N. Haley
2. The Police (Most visible)
3. Actual Elements of the Criminal Justice System (Police, Courts and Corrections)
4. Major purposes of the Justice System:
a. Social control
b. Social buffer
b. Legal content
2. This all applies to each element of the CJS
1. Usually the first on the scene.
2. Criminal investigation
3. Calls for assistance
4. Arrest of suspects
5. Processing suspects
6. Public service calls
7. Assists other agencies
1. Adjudication of cases.
2. Three-level court system:
a. Local or county
A. Minor offenses at any court level.
B. Complaint: generally is the charging document used to initiate case.
A. Serious offenses generally at state and federal level.
B. Two types of charging documents:
a. True Bill
b. No BillJurisdiction by Content
1. Issuance of arrest warrants:
A. Result of an information or indictment.
B. Result of the order of a court based on
C. All arrest warrants are orders from the court to bring the person before the court to answer to the charges that have been developed.
In reality, most arrest are without a warrant!!
A. Monetary or real property deposit that ensures appearance by a suspect to court to answer the charges.
1. Official statement of terms of indictment or information.
2. Magistrate asks defendant for a plea:
b. Not Guilty
c. Nolo Contendre or no contest.
3. Plea bargaining:
a. 90% of all cases settled this way
b. Includes an agreement between the prosecutor, defense attorney, defendant and often the judge.
1) The judge has the option of accepting the bargaining agreement or not.
A. Only about 10% of all cases filed end up in a trial and only about 5% end up in a jury trial. The other 5% end up in bench trials.
B. Generally, the defendant has the option of whether to use a jury trial or bench trial in serious felony cases.
That part of the criminal justice system that is responsible for carrying out the judgment of the court once a person has been found guilty of an offense.
Page 12, positions in corrections
a. Legal grounds
b. Constitutional grounds
c. Results of appeals:
1) decision affirmed
2) decision overturned
a) remanded to lower court
b) case dismissed
Page 14, overview of
in the field of
A system is suppose to ideally be a smooth running organization of components that works together to achieve a unified goal.
1. It is very difficult to attach the term “system” to the Criminal Justice System under these terms.
2. In reality it is a “non-system”.
A. Each element has it’s own agenda, sometimes in conflict with the other.
B. There are jurisdictional conflicts.
C. The political nature of the relationship is difficult to mold into a single system.
68% of the budget is spent on law enforcement
State government budget:
60% of the budget is spent on corrections82% of CJS budget state and local and 18% federal
Money is not evenly distributed and the focus of each jurisdiction varies. All people feel dealing with crime is very important, however funds to do the job are restricted. The public wants low cost, restricted intervention
Federal Government spends the least on every level of the Criminal Justice System of the three.
Harm: especially considering the cost of putting someone to death.There must be some external consequence of the behavior.
Simply thinking about something illegal is not enough.
May be physical or verbal
slander / libel
+ social/family harm
- no harm to anyone
Legality:Harm must be (1) legally forbidden, and (2) it cannot be retroactive.
Ex post facto
declares act illegal that was not illegal when occurred.
Increases the punishment after the fact.
Alters the rules of evidence after the factNecessary Elements of Crime
Actus Reus: especially considering the cost of putting someone to death.the criminal act that causes harm.
This can be an action or the failure to act.
Failure to provide shelter an provisions for children.
Mens rea:the criminal intent or state of mind.
Culpable mental states:
Diminished capacity as a defense to mens rea
Other legal defenses
Burden of proof on defendant
Causation: especially considering the cost of putting someone to death.there must be a causal relationship between the forbidden harm and the criminal act.
Act must lead to the harm without long delays.
(Texas places a one year limitation on being charged with vehicular manslaughter
Concurrence:Criminal conduct and criminal intent must occur together.
Difference between theft of $20, and
Burglary of $20