Questions and Answers
What is procedural justice?
Focused on the fairness of the dispute resolution process.
What is substantive justice?
Focused on the fairness of the outcome.
What type of justice is our system focused on?
Procedural justice.
What is the reality of criminal justice?
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What is the first stage of the criminal process?
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What is the second stage of the criminal process?
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What is a decentralized system?
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What are points of discretion in the criminal justice system?
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What is probable cause?
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What happens in the third stage of the criminal process?
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Committed crime and convicted = ______
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Committed crime and not convicted = ______
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Did not commit crime and convicted = ______
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Did not commit crime and not convicted = ______
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What is plea bargaining?
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What is the advantage of plea bargaining?
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What are the disadvantages of plea bargaining?
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What is ordinary injustice?
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What are the two types of plea bargaining?
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What constitutes mass incarceration?
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What is the theme of political construction in the Supreme Court?
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What is the misconception about the Supreme Court's power?
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What is involved in the theme of mythology versus reality of the Supreme Court?
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What is the impact of the Supreme Court on individuals?
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Study Notes
Justice Concepts
- Procedural Justice: Emphasizes fairness in dispute resolution processes, focusing on adherence to rules and protection of rights.
- Substantive Justice: Concentrates on the fairness of outcomes regardless of the processes leading to them.
Focus of the Justice System
- The U.S. system prioritizes procedural justice to achieve substantive justice, with a preference to protect the innocent over securing convictions of the guilty through technicalities.
- Most procedural protections are utilized during trials, although 95% of cases do not reach that stage.
Stages of Criminal Process
- First Stage - Crime: The U.S. reports high absolute crime numbers, but per capita rates are comparable internationally. Many crimes go unreported due to fear or victim-perpetrator relationships.
- Second Stage - Contact with Police and Arrest: Approximately 45-50% of incidents result in arrest, with rates higher for violent crimes. Arrests can occur with or without warrants based on probable cause.
- Third Stage - Charging: The prosecution's discretion is prominent during charging, involving checks like preliminary hearings and grand juries, highlighting the lack of oversight.
Evaluation of Criminal Justice Effectiveness
- Evaluative measures distinguish between true positives, false negatives, false positives, and true negatives based on conviction outcomes.
- Plea bargaining constitutes 95% of case resolutions, influenced by factors like prior records and strength of evidence, often leading to an assumed guilt scenario.
Characteristics of Plea Bargaining
- Charge Bargaining: Allows prosecutors to overcharge initially, often reducing charges for a guilty plea.
- Sentence Bargaining: Offers reduced sentences in exchange for guilty pleas, promoting prompt resolutions.
Strengths and Weaknesses of Plea Bargaining
- Advantages: Facilitates quicker resolutions, acknowledges guilt, and allocates resources efficiently.
- Disadvantages: Involves waiving rights and procedural protections, leading to potential coercive dynamics favoring prosecutors.
Ordinary Injustice
- Ordinary injustice emerges when chain mistakes occur within the system, as legal professionals become desensitized to their roles and duties.
Defense Models
- Indigent Defense: Models include public defenders, panel systems, and contract systems, often plagued by high caseloads and inadequate support.
- Ineffective Assistance: Standards such as those established in Strickland v. Washington highlight challenges in proving unfair convictions due to ineffective legal representation.
Role of Judges and Prosecutors
- Judges often exercise discretion that may compromise neutrality, influenced by factors like judicial elections.
- Prosecutors hold significant power, leading to systemic issues like overcharging and underprosecuting, influenced by community perceptions and victim dynamics.
Overcriminalization and Mass Incarceration
- The U.S. justice system showcases mass incarceration through overcriminalizing offenses, adoption of measures like mandatory minimums, and the high rates of recidivism, especially among African American communities.
Supreme Court Themes
- Political Construction: Political decisions shape the Supreme Court through appointment processes, tenure, and judicial review powers.
- Mythology vs. Reality: Public perception often mischaracterizes the Court's powers and independence, illustrating a complex relationship with political identities.
- Impact on Individuals: The Supreme Court plays a crucial role in legal interpretations affecting civil liberties and societal norms.
Concluding Thoughts
- Reevaluation of the justice system emphasizes the need for critical examination of systemic choices, recognizing the interplay between structure and accountability, and the importance of maintaining trust within the judicial process.
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Description
Test your knowledge on key concepts from Chapters 7, 10, and 11, as well as 'Ordinary Injustice'. This quiz covers important terms such as procedural and substantive justice. Perfect for reviewing before the exam!