Exam 3 - Chapters 7, 10, 11 & Ordinary Injustice

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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?

Not primarily about trials, but procedural protections before trials. Signup and view all the answers

What is the first stage of the criminal process?

Crime. Signup and view all the answers

What is the second stage of the criminal process?

Contact with the police and arrest. Signup and view all the answers

What is a decentralized system?

A system that is more difficult to gather data on and has less oversight. Signup and view all the answers

What are points of discretion in the criminal justice system?

Areas where choices are made about reporting, resources, charging, and pleas. Signup and view all the answers

What is probable cause?

Reasonable grounds for making a search or pressing a charge. Signup and view all the answers

What happens in the third stage of the criminal process?

Charging. Signup and view all the answers

Committed crime and convicted = ______

true positive Signup and view all the answers

Committed crime and not convicted = ______

false negative Signup and view all the answers

Did not commit crime and convicted = ______

false positive Signup and view all the answers

Did not commit crime and not convicted = ______

true negative Signup and view all the answers

What is plea bargaining?

A process in which 95% of cases are resolved before trial. Signup and view all the answers

What is the advantage of plea bargaining?

Prompt resolution and acknowledgment of guilt. Signup and view all the answers

What are the disadvantages of plea bargaining?

Waiver of rights and lack of judicial oversight. Signup and view all the answers

What is ordinary injustice?

Mistakes in the system due to a lack of accountability. Signup and view all the answers

What are the two types of plea bargaining?

Charge bargaining and sentence bargaining. Signup and view all the answers

What constitutes mass incarceration?

Overcriminalization leading to high incarceration rates. Signup and view all the answers

What is the theme of political construction in the Supreme Court?

Choices made regarding goals and values affect the court's role. Signup and view all the answers

What is the misconception about the Supreme Court's power?

The Supreme Court is not all powerful. Signup and view all the answers

What is involved in the theme of mythology versus reality of the Supreme Court?

Public perception of judges and the reality of judicial independence. Signup and view all the answers

What is the impact of the Supreme Court on individuals?

The Court's decisions can significantly affect rights and liberties. Signup and view all the answers

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!