MCC Criminal Justice Ch 1

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Informal Sanctions
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social norms that are enforced through the social forces of the family, school, government, and religion.
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Formal Sanctions
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Scoail norms enforced through the laws of the criminal justice system.
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Social Norms
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The expected normative behavior in a society.
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Order Maintenance
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Activities of law enforcement that resolve conflicts and assist in the regulation of day to day interactions of citizens
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System of Social Control
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A social system designed to maintain order and regulate interactions
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Two Treatises of Government
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all human beings are endowed with natural rights that are given to people by a power higher than government and that people cannot be deprived of.
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Due Process Rights
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Rights guaranteed to persons by Constitution and its amendments.
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Crime-Control (public order) Model
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A model of the criminal justice system in which emphasis is placed on fighting crime and protecting potential victims.
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Due Process Model
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A model that ensures that individuals are protected from arbitrary and excessive abuse of power by the government.
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Criminal Justice System
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The enforcement, by the police, the courts, and correctional institutions of obedience to laws
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Picket fence model
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The model of the criminal justice system in which the local, state, and federal criminal justice systems are depicted as horizontal levels connected vertically by the roles, functions, and activities of the agencies that comprise them.
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Checks and balances
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the authority of the legislative branch, the executive branch, and the judicial branch to provide a constitutional check on the actions of each other.
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input output model
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A model of how people are processed through the criminal justice system until they exit the system
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Arrest
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To restirct the freedom of a person by taking him or her into police custody.
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Booking
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Police activity that establishes the identification of an arrested person and formally charges that person with a crime.
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Bail
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Release of the defendant prior to trial.
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Indictment
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The formal verdict of the grand jury that there is sufficient evidence to bring a person to trial.
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Preliminary Hearing
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A hearing before a magistrate judge in which the prosecution presents evidence to convince the judge that there is probably cause to bring the defendant to trial.
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What are the 5 stages of the Criminal Justice Process Model
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Police, Prosecutors, Judges/Magistrates, corrections Officials, Proaling Authorities
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Probable cause hearing
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A hearing before a judge to determine whether there is sufficient evidence to believe that the person has committed a crime. Also called preliminary hearing
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Grand Jury
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A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.
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True Bill
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A jury’s decision that authorizes the prosecutor to arraign the defendant.
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Arraignment Hearing
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A hearing where charges are read and the defendant is asked to enter a plea.
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Meta-Influence
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A phenomenon that results in encompassing transformative charges.
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What are the four meta-influences that have resulted in changes in the criminal justices system
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Civil Rights Movement, Vietnam War, Rising crime rate and publics increased awareness, and 9/11 attacks
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Slave Patrols
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Militia (free adult white males) responsible for controlling, returning, and punishing run away slaves
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Brown V Board of Education in Topeka
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U.S. Supreme Court decision that resulted in the movement to integrate schools, public transportation, businesses and society
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Civil Rights Act of 1964
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1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal
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Jim Crow Laws
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State laws in the South that legalized segregation.
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1972 Equal Employment Opportunity Act
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a federal law enforcement agency that enforces laws against workplace discrimination
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Civil Disobedience
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A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.
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Montgomery bus boycott
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In 1955, after Rosa Parks was arrested for refusing to give up her seat on a city bus, Dr. Martin L. King led a boycott of city busses. After 11 months the Supreme Court ruled that segregation of public transportation was illegal.
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Vietnam War
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…, a prolonged war (1954-1975) between the communist armies of North Vietnam who were supported by the Chinese and the non-communist armies of South Vietnam who were supported by the United States
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Domino Theory
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A claim that the continued fall of governments to communist rule would threaten democracy
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War on Crime
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A declaration by President Lyndon Johnson in 1965 to counter crime and social disorder.
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Omnibus Crime Control and Safe Streets Act of 1968
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Permitted court authorized wire-tapping and bugging by federal, state, and local authorities and use of such evidence in trial. Later reversed by the Supreme Court based on 4th Amendment rights.
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Law Enforcement Assistance Administration
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-Provided funding for education of police officer
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war on terrorism
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initiated by george w. bush after the september 11, 2001, attacks to weed out terrorist operatives throughout the world, using diplomacy, military means, improved homeland security, stricter banking laws, and other means
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enemy combatants
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suspension of due process rights for accused terrorists under the enemy combatant executive order
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Due Process Amendment
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The Fourteenth Amendment of the US Constitution prohibiting local governments from depriving persons of life, liberty, or property without due process.
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substantive due process
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Due process that refers to the constitutionality of laws
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procedural due process
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Constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
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Incorporate
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To grant rights defined by the constitution to the citizens of a state
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Presumption of Innocence
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a person is innocent of a crime, even when arrested for that crime, until they are proven guilty in a court of law
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Sociology
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Social science that studies human society and social behavior
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Criminology
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The body of knowledge regarding crime as a social phenomenom
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Why is public order (crime control) necessary in our society and what makes balancing public order with individual rights so complex?
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There must be a balance between law and order and due process rights. Without crime control there is a fear of violence , unrest, and violent demonstrations. Protection of the innocent is the prime directive under public order. This is complex because we cannot forsake individual constitutional rights when seeking justice. Due Process must be used to ensure individuals are protected from arbitrary and excessive power abuse
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How do courts provide guidance in balancing crime control and due process
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By using the due process model guidance is provided to offer balance. Rules Law enforcement must follow in arrest and interrogation of accused persons so that innocent persons are not wrongfully accused.
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List the major processes a defendant faces in the criminal justice system
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Entry into system, prosecution and pretrial, adjudication, sentencing, corrections
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Describe what takes place during an initial appearance
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Appear before judge, evaluation of charges, accused advised of rights, determine if accused has legal representation, bail set
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How can a defendant challenge a conviction
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During sentencing the prosecutor and defendants counsel can challenge the sentence and information presented by the pre-sentence investigation report.
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Describe the struggle for equality within society and the criminal justice system
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One of the characteristics of the system is that it reflects the mistrust of a strong centralized government by early founders of US resulting in numerous checks and balances within the system. Entry into system, prosecution and pretrial, adjudication, sentencing, corrections. Agencies are semi-autonomous – no One person has oversight powers to supervise and regulate the processing of an accused person.
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How was the criminal justice system perceived as a failure
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The roots of the system were founded in racial discrimination. Slave patrols were used in the criminal justice system of the southern colonies and states.
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What did the presidents Crime Commission legislate to offer funding to improve the criminal justice system
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Five stages in criminal Justice system.
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Which amendment provides due process
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14th amendment
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what are the primary sources of due process rights
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1st, 4th, 5th, 8th amendments and right to a speedy trial
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how are federal rights granted to the states
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Incorporate
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What are two academic disciplines that conduct research in the criminal justice field
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criminology attorney prosecutor
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How long has crime been studied by scholars in US
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since 1960s
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What is the purpose of criminology
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To study crime as a social phenomenom

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