CJC Exam 1 study guide .docx

**Social Contract**: Given that criminal justice is a system of state-enforced punishment, evaluating the justice inherent in state punishment requires an evaluation of the original principles that organize our society. The Enlightenment tradition of "social contract" helps us elaborate on those...

**Social Contract**: Given that criminal justice is a system of state-enforced punishment, evaluating the justice inherent in state punishment requires an evaluation of the original principles that organize our society. The Enlightenment tradition of "social contract" helps us elaborate on those principles. **Veil of Ignorance/Original Position:** While the social contract is a tradition that dates to the European Enlightenment, the "Original Position" is a modern alternative that dates to John Rawls' work, A Theory of Justice (1971). How does this theory help us elaborate concepts and ideas that can inform our understanding of both social justice and criminal justice? - **Retribution vs. Rehabilitation**: What are the moral and ethical implications of different approaches to punishment within the criminal justice system? - - **Proportional Punishment**: The concept of proportional punishment was addressed, emphasizing the moral consideration of ensuring that the punishment imposed on individuals convicted of crimes is proportionate to the severity of their offenses. **Social Justice:** How does criminal justice interact with social justice? You should recognize the broader societal factors that contribute to criminal behavior and the disproportionate impact of the justice system on marginalized communities. - **Crime Prevention**: What are the ethical considerations of crime prevention strategies and what balance should be struck between individual rights and the collective goal of maintaining public safety? - **Reduce Harsh Sentences:** If the system reevaluates the use of harsh and disproportionate sentences, the potential consequence is a fairer and more equitable justice system. **Address Systemic Bias**: By acknowledging and addressing systemic biases within the criminal justice system, there is a potential consequence of promoting greater fairness and reducing disparities in the treatment of individuals from different racial, ethnic, and socio-economic backgrounds. **Ethical Considerations:** By incorporating moral and ethical considerations into decision-making processes, the potential consequence is a more reflective, principled, and values-driven approach to criminal justice. **[Key terms to know:]** Capital punishment- death penalty Crime prevention- strategies and measures that seek to reduce the risk of crimes Criminal behavior- actions that violate the laws established by a society and are punishable by the legal system. Criminal justice-"A system of state-imposed punishments", We agreed that government was necessary to compel a cooperative social order, We agreed that there are a few fundamental rights of which no person should ever violate, We agreed that punishment is necessary when rights are violated Criminalization-process by which behaviors and actions are transformed into crimes by the enactment of laws. Decriminalization- process of reducing or eliminating criminal penalties associated with certain acts, typically by reclassifying them as civil infractions rather than criminal offenses Deterrence-Preventing dangerous behavior before it occurs Deterrence as Subordinate- to deter an individual from committing future crimes Discretion- ability to make decisions based on one\'s own judgment and choices Distributive justice- allocate resources fairly among members of a society, Due process- ensures fair treatment through the normal judicial system, Equal opportunity- principle that all individuals should have the same chances Equal treatment- one of the 3 rights we should be entitled to,Human beings are born with a variety of differences and humans should not be treated differently because of those differences Equivalence- true and legally accurate interpretation of the law Fair warning-"State agents may impose punishment only for conduct that violates publicly announced prohibitions on conduct" Grievance- dispute within individuals Impartiality- equal treatment of all [rivals](https://www.google.com/search?client=safari&sca_esv=3e8e6e4bf17c4bf6&sca_upv=1&rls=en&sxsrf=ADLYWILv5td1L8Fcx36N4KF-sTE7V5Pfzw:1727403257867&q=rivals&si=ACC90nwdkA2npcVVmNPViiSe8FMK9pwNP0uS2j3-2pIX-12GdeV2fwkTJeQL6LcEDWo_xy-lLBDxvenD-ti5h8-OF-QiVURdwQ%3D%3D&expnd=1&sa=X&ved=2ahUKEwjmsMbMhuKIAxV6vokEHem9KOIQyecJegQIPhAO) or disputants Incarceration-the state of being confined in prison Judicial torture-the deliberate infliction of physical or mental suffering by one or more persons in an attempt to force another person to yield information or to make a confession or for any other reason. Justice (Justinian)-We are agreeing to a reciprocity of restraint, We are agreeing that no one should ever feel physically threatened Legal rights- enforceable by legal institutions and can be invoked in courts of law Leniency-lenity(or leniency gentleness) concern taming the state's power to punish Mercy- Negative reciprocity- eliciting negatively reciprocal feelings, such as punching someone who has previously hit them. Procedural justice- fairness in the processes that resolve disputes and allocate resources Proportional punishment-the punishment of a certain crime should be in proportion to the severity of the crime itself Public safety- protection of the general public Punishment- the [infliction](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIKwtTjf-kAPdP89Uo4hlESYpsypXA:1727403672057&q=infliction&si=ACC90nz-2feRzoY4yuySkO-aQE81FSU57Z68KQSvlVbkhAnhAwIZFr-TwAeKeQiPOm6c--2t0v2IAXcXUAGju7e2wrBjTnAkkKQFsPTZRL1KMwOKeAbAeNg%3D&expnd=1&sa=X&ved=2ahUKEwibzoaSiOKIAxUXmokEHQkUOWoQyecJegQIJxAO) or [imposition](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIKwtTjf-kAPdP89Uo4hlESYpsypXA:1727403672057&q=imposition&si=ACC90nz-2feRzoY4yuySkO-aQE81ypCqlQrAT9rY6nLKQLin-Y-1KBly_HXEZwoxFOFnf42-aw0QJoRvKyHv3P7k3owyLA-cNdN8e-4TTGRcKUn2E1gyo98%3D&expnd=1&sa=X&ved=2ahUKEwibzoaSiOKIAxUXmokEHQkUOWoQyecJegQIJxAP) of a penalty as retribution for an [offense](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIKwtTjf-kAPdP89Uo4hlESYpsypXA:1727403672057&q=offense&si=ACC90nwUEXg6u2vxy-araGkF9MAx0xgyrWdPAR4ZkvPDH8H0AMxgLnNsHkWtUbsumz2b1jeRri5bIs-UsEyRZR8AU3YfO5lJ1yxKEIs8DCTsNoIbGe9lNAI%3D&expnd=1&sa=X&ved=2ahUKEwibzoaSiOKIAxUXmokEHQkUOWoQyecJegQIJxAQ). Recidivism- the tendency of a [convicted](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWILBGxXY6o_2c0Z8_TI92Wi0DnwyEw:1727403770055&q=convicted&si=ACC90nxMSPeZfdJJjQgDsdZJuFuJ6qxuq4Nznukw7swp0jaPclm4JW1taM7ufI-iO_z-1EffLxK1a62AtQ9DpFNio_356Q0X4xq5HIuIh-TikONLO3OIFhw%3D&expnd=1&sa=X&ved=2ahUKEwi3897AiOKIAxWjg4kEHcWNKFcQyecJegQIJRAO) criminal to [reoffend](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWILBGxXY6o_2c0Z8_TI92Wi0DnwyEw:1727403770055&q=reoffend&si=ACC90nx67Z8g0WkBmnrPB4IqtqGvNvUz8PgsicvbbCkmx-UhgDYGGo8dvYTOd_UHFENvWFPiHe-FK5c6GiulrbO7Cr-KANv5Vph1sTZU_7q8zGbqUB_uN3c%3D&expnd=1&sa=X&ved=2ahUKEwi3897AiOKIAxWjg4kEHcWNKFcQyecJegQIJRAP). Redress- remedy or compensation for a harm; holding someone accountable Rehabilitation- Rehabilitation: Correct, challenge behavior, emphasize "reform" Restorative justice- a system of criminal justice which focuses on the rehabilitation of [offenders](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIKgwevsL16eMZLEuOJVEcEnpcAorw:1727403806529&q=offenders&si=ACC90nxMSPeZfdJJjQgDsdZJuFuJfPB8PvRb1WBFJQaAeaVtgQl5xdUfTVnuagoqR8XMzXoD82DpBXiuqfMEmXx7NZY0HuaG_T-Q19_bXmaFJEsaJDTfHos%3D&expnd=1&sa=X&ved=2ahUKEwiBkZbSiOKIAxVYpIkEHTkzBXYQyecJegQIIRAO) through [reconciliation](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIKgwevsL16eMZLEuOJVEcEnpcAorw:1727403806529&q=reconciliation&si=ACC90nxXAYjEST86dikD_hRhqDk5ndY9YEF1vlqtL80NOuhnGCPjhhHkZvQd7Te0N99ZeescvZ3lAF1_ifFVeyBM2f9lEfhOC9MXK6hBHWuApYaMMZ4_j5E%3D&expnd=1&sa=X&ved=2ahUKEwiBkZbSiOKIAxVYpIkEHTkzBXYQyecJegQIIRAP) with victims and the community at large. Retribution-Punishment for its own sake Retributive justice- a system of criminal justice based on the punishment of [offenders](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIJ_slm8TQHnRuDPvNZA-IFRLGaFUA:1727403882529&q=offenders&si=ACC90nxMSPeZfdJJjQgDsdZJuFuJfPB8PvRb1WBFJQaAeaVtgQl5xdUfTVnuagoqR8XMzXoD82DpBXiuqfMEmXx7NZY0HuaG_T-Q19_bXmaFJEsaJDTfHos%3D&expnd=1&sa=X&ved=2ahUKEwi45bT2iOKIAxWchIkEHbEVGssQyecJegQIJRAO) rather than on rehabilitation. Right to Mental Integrity- protection of and non-interference in certain mental and brain states and processes (correlates of overt mental functions) that are central to an individual\'s identity Right to Physical Integrity- the right to exclude all others from the body, which enables a person to have his or her body whole and intact and free from physical interference Sentencing- declare the punishment decided for (an [offender](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIKEClbIhbdfIAagGEMX2sEyq0HiwA:1727404073721&q=offender&si=ACC90nx67Z8g0WkBmnrPB4IqtqGv6zQ8YDCQyLHFQjfu03Zunt19TiWBAfjnUU0_htSeOX42GkDrm7nJwbXuOSzBneM6C57zoJ-kfZWdxNpSJVBaNJIWChI%3D&expnd=1&sa=X&ved=2ahUKEwjznsrRieKIAxX6m4kEHW0PBVwQyecJegQIJBAO)) Social contract- an [implicit](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIKSEeP05bx1grxMBCB8mEgciBBbfw:1727404111379&q=implicit&si=ACC90nx67Z8g0WkBmnrPB4IqtqGvub6FXvYIpDhCAY5hY1H22_8mOxNiG9OUrJZiaUVTmXoqQdD0_TbbhQrF1C6lmw9YK0r5rZ9TZAPIPRyWXBw512C2Z7A%3D&expnd=1&sa=X&ved=2ahUKEwjmysTjieKIAxWQpIkEHe29IKgQyecJegQIIhAN) agreement among the members of a society to cooperate for social benefits Social justice- justice in relation to the distribution of wealth, opportunities, and privileges within a society State of nature-an a-historical, pre-political human situation, a thought experiment of what the world would look like if no social organization was in place State surrogacy- state appointed to serve the people Transitional justice- process which responds to human rights violations through judicial redress, political reforms and cultural healing efforts in a region or country, and other measures in order to prevent the recurrence of human rights abuse. Veil of ignorance/Original Position- No one knows their place in society, No one knows their fortune in the distribution of natural assets , No one knows their conceptions of the good Victimhood/Victimization- The process of becoming a victim [Models, Laws, Institutions to know: ] 1st Amendment- freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances 4th Amendment-protects people from unreasonable searches and seizures by the government. 5th Amendment-protection against double jeopardy, protection against self-incrimination, the right to a fair trial, and protection against the taking of property by the government without compensation. 6th Amendment-"right to a speedy and fair trial and impartial jury, with the right to representation (lawyer)" 8th Amendment-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Actus Reus-action or conduct which is a constituent element of a crime Assault-Any unconsented touching of another no matter how slight the injury Carceral responsibility- Crime-Crime is an offense against society as a whole whereby an injured party in a criminal case is thought to represent society as a whole, Punishment by the state for a crime that threatens the social good, Criminal wrongdoing demonstrates to the state that the guilty party should not be free, deals with Felonies not Misdemeanors Crime Laws of 1790- facilitate the eventual eradication of organized crime in the United States, by strengthening the evidence-gathering process, by adopting new penal prohibitions, and by creating increased sanctions and numerous remedies to deal with unlawful activities. Criminal Justice "System"-The american justice system is a hodgepodge of generally uncoordinated institutions run independently by almost every governmental unit, It is a "system" because of its Competing objectives, Multiplicity of goals (no overall goals/ goal conflict), Multiple measures of performance, Multiple definitions of success, No overall management, Limited coordinated, Limited cooperation (turf battles) Criminal profiling- investigative strategy used by law enforcement agencies to identify likely suspects and has been used by investigators to link cases that may have been committed by the same perpetrator. Drug crime-It is a crime to knowingly and intentionally possess, manufacture and/or distribute controlled substances without authorization, Some big drugs are Marijuana, cocaine/crack, Methamphetamines, Heroin Grand jury- Grand Jury are a group of citizens empowered by law (usually through a lottery system) to conduct legal proceeding and investigate criminal conduct to determine if criminal charges should be brought to trial (probable cause), Some states have juries consist of upwards of 23 people, ONLY FOR MAJOR CRIMINAL VIOLATIONS, No cross examinations occur, Meet to debate if there is sufficient evidence for a trial Habeas Corpus- if a person is able to held in prison before there trial or sentencing Incarceration- Incarceration: Denial of liberty/freedom; "house" offenders to prevent more crimes Judge/judicial system-Legal process, What subpoenas to order?, What warrants to sign?, In charge of court/trial process:Admitting evidence and testimonies, Procedural control of the case (ex. Ruling on objections and points of order during the trial), and sentencing Lex Talionis-Lex Talionis is a concept of reciprocal equivalence, much of which exists in a reformed way in modern criminal justice Mens Rea-the intention or knowledge of wrongdoing that constitutes part of a crime Murder/Homicide-the killing of a human being, caused by the act of another, different types of murder include:First degree (premeditation), Second degree murder (malice), Voluntary manslaughter (general intent), Involuntary manslaughter (recklessness), Statutory Manslaughter (general negligence) Police/Law enforcement-Field inspectors, Interventionist/ non-interventionist, they warn / reprimand, Make them informant (put "in the stable"), Cite and release, Arrest and release, Arrest and book, then release, Arrest and book and detain, decide What charge(s)? Plea bargain- an arrangement between [prosecutor](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIJ7whAheDPREVHU4kNQA-V0Zu7z8w:1727405244029&q=prosecutor&si=ACC90nz-2feRzoY4yuySkO-aQE81khiktaREGeDGPeSr1hl4EHzZJVY6YW0Y6AjUpc4a0REHklpVU_8dyct1R2sCdR-qxmwj3Mhmj7BzteqDTWP-sIpkJR8%3D&expnd=1&sa=X&ved=2ahUKEwiUjdD_jeKIAxW4kokEHT8ZEw0QyecJegQIIhAP) and defendant whereby the defendant [pleads](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIJ7whAheDPREVHU4kNQA-V0Zu7z8w:1727405244029&q=pleads&si=ACC90nwdkA2npcVVmNPViiSe8FMKXjiJa2UcjPQz0xvcWcsXh9jiNjF8O8F1a-Gmhj1e5Y5_pcztCZU9hHkPhx3osR_KR4iawA%3D%3D&expnd=1&sa=X&ved=2ahUKEwiUjdD_jeKIAxW4kokEHT8ZEw0QyecJegQIIhAQ) guilty to a lesser charge in exchange for a more [lenient](https://www.google.com/search?client=safari&sca_esv=85497db64867bfea&sca_upv=1&rls=en&sxsrf=ADLYWIJ7whAheDPREVHU4kNQA-V0Zu7z8w:1727405244029&q=lenient&si=ACC90nwUEXg6u2vxy-araGkF9MAxTtJyO57CSOkaZSobf4slpH_g4sj-WaDTeUz1iGApNRL3vtCeyrtwVxiI_xT7jTRy5Hs09bmLcHFIcLu591RDuG7st0g%3D&expnd=1&sa=X&ved=2ahUKEwiUjdD_jeKIAxW4kokEHT8ZEw0QyecJegQIIhAR) sentence or an agreement to drop other charges. Prosecution-attorney of the state), Release or charge, What charges?, When to charge?, Make them informants for bigger cases or bigger criminals (Put "in the stable", decide Plea bargain such as: 1. 2. 3. and determine if they can receive bail or not Reasonable Person Test-what would a reasonable person of ordinary prudence have done in the defendant's situation? Robbery- Robbery is The taking and carrying away of the property of another, by force or the threat thereof; involves a fear factor Burglary- the breaking, and entering, into the dwelling of another with the intent to commit a felony Sexual assault-When someone touches another person in a sexual manner without their consent Stop-and-frisk The Law of Æthelberht-One of the first criminal justice codes, The "laws" stated purpose was to achieve social harmony through compensation (\$\$) The New Testament- 2nd part of the christian bible The Old Testament- 1st part of the christian bible Tort-Torts is a breach of someone's civil rights by another person- it is when someone harms, injuries, or damages another person/property, There are intentional torts and unintentional torts, Both are resolved by an individual seeking damages or compensation, Another word for Tort is Civil Court Trial jury- group of usually 6-12 citizens who hear evidence to determine if someone is guilty of a crime "beyond reasonable doubt", Especially in a criminal trial when a person's personal freedom is at stake, there must be a "preponderance of evidence", MUST HAVE UNANIMOUS CONSENT TO SENTENCE Turn the other cheek- instead of seeking revenge the injured party takes a more gentle approach U.S. Constitution and Bill of Rights- Their purpose is meant to ensure that people are treated fairly if suspected or arrested for crimes. Vendetta- If the price was not paid either by the individuals of their allies/family, Then a legal "vendetta" was established (rivalry) Wergild-amount of compensation paid or injury or death to the family [Key Concepts from Just Mercy to know: ] "Beyond a Reasonable Doubt" Bryan Stevenson Death penalty Death row Equal Justice Initiative Eva Ansley Herb Richardson Monroeville, Alabama Plea bargain Public defenders Ralph Myers Ray Hinton Sheriff Tate Tommy Chapman Walter McMillian (Johnny D.)