...CJS 200 Foundations of the Criminal Justice System Course Start Date: 08/01/2011 Group ID: AAGR0Z9835 Facilitator: Lee Rankin Copyright Copyright © 2011, 2010, 2009, 2007 by University of Phoenix. All rights reserved. University of Phoenix® is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. ------------------------------------------------- Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology, and constitutional limitations of the system will also be covered. ------------------------------------------------- Course Topics and Objectives Week One: The Criminal Justice System 1 * Define crime and its...
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...significance. The idea that there can be a juvenile delinquent is impossible without the concept of childhood as a distinct phase of individual growth and development. ‘Childhood’ has become a universal category; a status which affords particular rights, for example those outlined in agreements between states such as the universal declaration of the rights of the child. This recognition of the special status of ‘childhood’ is a social construct (Hendrick, 2002). We may take our understanding of what it is to be a child for granted as ‘natural’ but it is not until the late middle ages that a period and morality of childhood began to be distinguished from adulthood within the aristocracy and nobility (Muncie pg. 49). In the English legal system, prior to the late 18th century, no distinction is made between the adult and child offender and consequently the concept of the juvenile delinquent did not exist in any meaningful sense. As far as the law was concerned there was no separate category ‘juvenile’. Adults and children were treated...
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...Juveniles as Adults in Criminal Court: An Analysis of State Transfer Provisions Report, December 1998 Patrick Griffin Patricia Torbet Linda Szymanski National Center for Juvenile Justice Shay Bilchik, Administrator Office of Juvenile Justice and Delinquency Prevention [pic] Table of Contents Office of Juvenile Justice and Delinquency Prevention Foreword Acknowledgments Introduction Transfer Provisions Waiver Direct File Statutory Exclusion Reverse Waiver Once an Adult/Always an Adult Additional Analyses Transfer for Nonviolent Offenses Additional Pretransfer Findings Required Clear and Convincing Evidence Standard Special Transfer Treatment Based on Prior Record Devices To Limit Prosecutorial Discretion Minimum Age Provisions Appendix: Summary of Transfer Laws Share With Your Colleagues Publications From OJJDP List of Tables Most States Have a Combination of Transfer Provisions Summary of Transfer Provisions, 1997 Discretionary Waiver: Minimum Age and Offense Criteria, 1997 Mandatory Waiver: Minimum Age and Offense Criteria, 1997 Presumptive Waiver: Minimum Age and Offense Criteria, 1997 Direct File: Minimum Age and Offense Criteria, 1997 Statutory Exclusion: Minimum Age and Offense Criteria, 1997 Minimum Age and Offenses for Which a Juvenile Can Be Transferred to Criminal Court in Every State...
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...Formal Evaluation Model June 30, 2016 CJA 385 Formal Evaluation Model Policy making in criminal justice can be broken down into two main focal points; monitoring and evaluation. During the monitoring phase, this is where factual information about policy goals are monitored. During the evaluation phase, this is where the question arises; did the monitoring phase address the potential outcome of the intended objective? In criminal justice, the formal evaluation model would benefit these types of policies. This paper will summarize the formal evaluation model and explain why it is the most effective evaluation process in criminal justice. This paper will also look at a policy involved with criminal justice and provide reasoning why the formal evaluation process is more practical than the pseudoevaluation and decision-theoretic evaluation. According to Willam Dunn (2012), Formal evaluation is an approach that uses descriptive methods to produce reliable and valid information about policy outcomes but evaluates such outcomes on the basis of policy-program objectives that have been formally announced by policy makers and program administrators. During this type of evaluation the goals and objectives are measurable values, meaning they contain specific and realistic information gathered during the monitoring phase. In criminal justice the formal evaluation process is vital because the effectiveness and efficiency of policy outcomes are defined by legislation, various...
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...Criminal Justice Trends Evaluation Jazmine I. James CJA 394 April, 07, 2014 Marilyn West Criminal Justice Trends Evaluation There are many trends; future and past in the interfaces between components of the criminal justice system and criminal justice connections with surrounding society. It is very important to understand past, present and future trends throughout the criminal justice system in order to better handle and address them better. Some trends have been known to affect the criminal justice system in a negative way instead of in a positive way. For many the criminal justice system plays a major role in how society changes and how society values criminal justice in this era. The purpose of criminal justice and the law is to protect society from harm and ensure their safety as well as to protect the innocent and punish those guilty of committing a crime but at the same time doing so without violating their rights. As the world evolves, new laws have to be set in place to keep up with the evolution of criminal justice and crimes. New trends and contemporary issues can develop in society and can also have a direct impact on the criminal justice system. Technology is one of the biggest trends in the world that continues to improve on a daily basis and make life easier but complex at the same time. Technology affects the criminal justice system and will continue to do so every day because it creates a new category of crimes that can and are being committed...
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...Criminal Offences Criminal offences are dealt with by the police, they will arrest the suspect for what criminal actions may be and then will take them to the station for questioning. They will either release the suspect without a charge, will charge the suspect of an offence or bail the suspect and they will return at a later date, the suspect can be cautioned. However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District...
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...case law make precedence * Adversary system * Jury plays a more prominent role * Judicial Review | * Trial by jury * Legal representation is provided to assure equal protection under the law * Sentences are based upon guidelines | * Cases are tried before Magistrate and jurors * Tried under an indictment or summary conviction * The Crown bears the responsibility for proof beyond a reasonable doubt * Magistrates referees the proceedings | Civil Law | France | * Rely on written detailed codes of law * Judges have less power than those in Common Law * Judges only interpret the legal codes * Judges are expected to follow a series of decisions that agree on the interpretation of a code provision * Judges are restricted by the provisions of the written law | * All crimes are brought before the instructing judge prior to court hearings * The judge controls the coordination of the investigation including gathering facts, preparing it for trial and questioning witnesses * The judge rules on the case based upon the codified laws. | * Cases are brought by the public prosecutor’s office to the instructing judge prior to any court hearing * Instructing judge’s mission is to search for the “manifestation of truth” * Delits, that include theft are offences that are tried by three magistrates * Sentencing is determined by the Penal Code. | Theocratic Law | Saudi Arabia | * Religious law or a system of law heavily dependent on religious beliefs...
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...executive director of the Equal Justice Initiative gave a ted talk titled “We Need to Talk About an Injustice”. In that talk, he discussed the current condition of the American criminal justice system and the issue of mass incarceration. He stated that “we have a system of justice in this country that treats you much better if you're rich and guilty than if you're poor and innocent. Wealth, not culpability, shapes outcomes.” I found this to be a profound quote on the criminal justice system as it seems contrary to everything the rule of law is about. So I considered if this was similar in a Canadian context, if there are any inequalities in the way we administer justice, and criminal law. I found...
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...Describe the American experience with crime during the last half century. What noteworthy criminal incidents or activities occurred during that time, and what social and economic conditions might have produced them? a. The American experience with crime during the last half century has been the main reason for the way our courts, law enforcement, and the criminal justice system operates the way that it does today. There have been many crime waves and other events that have played a key role in shaping the system as it is today. Some of these things include: the huge spike in organized crime activity during the prohibition years and its evolution into gangs and the laws concerning them today, the increase in reported crimes and enforced laws through the 50’s, 60’s and 70’s as well as the change/increase in the types and availability of illegal drugs today. For example: prohibition effectively created a black market for alcohol, a sub cultural of illegal gambling, and other organized crime like protection rackets, to name a few. That paved the way for gangs and the way we handle them today. 2. What is the theme of this book? According to that theme, what are the differences between the individual-rights perspective and the public-order perspective? a. The theme of this book is individual-rights verses public-order, specifically; the rights guaranteed by the constitution to criminal suspects and law abiding citizens need to be upheld and defended. On the public-order side...
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...Juvenile Justice System History of the juvenile justice system The first juvenile court was established in Chicago in 1899. Leading up to this point children over the age of seven were tried in the regular criminal court which lead to many problems in the rehabilitation of juveniles. According to United States Courts (n.d.), “Gerald (“Jerry”) Gault was a 15 year-old accused of making an obscene telephone call to a neighbor, Mrs. Cook, on June 8, 1964. After Mrs. Cook filed a complaint, Gault and a friend, Ronald Lewis, were arrested and taken to the Children’s Detention Home” (para. 1). The Court closely examined the juvenile court system, ultimately determining that, while there are legitimate reasons for treating juveniles and adults differently, juveniles facing an adjudication of delinquency and incarceration are entitled to certain procedural safeguards under the Due Process Clause of the Fourteenth Amendment. The Juvenile Delinquency Prevention and Control Act of 1968 and the Juvenile Justice and Delinquency Prevention Act of 1974, both stress the importance of separation between noncriminal (status) offenders and those who are accused with criminal offences in terms of legal treatment. In addition, the Acts call for deinstitutionalization of those “light” offenders and demand that convicted juvenile will be removed from adult jails and prisons. Treating young offenders as adults has proved counterproductive and raised questions about the fundamental...
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...of the deconstruction of our many traditional and long established components of civilization, such as our typical ‘correctional’ establishments, or prison facilities (Davis 2000). In fact, there is already what is commonly referred to as the ‘prison abolition movement’ which is a collective, but not necessarily organized, worldview that is inclined to subscribe to the belief that a society can function better without prisons, and without prisoners thus. This position is backed up by a comprehensive set of criticisms against the modern form or structure of the criminal justice mechanism, which is argued to be predominantly predisposed allow racism (Davis 2007), sexism and reinforcement of the disadvantages of being part of the lower economic class of the society. More importantly, the anti-prison discourse argues that the prison system is an ineffective and costly means of preventing crime and rehabilitating the criminals, and thus goes to advocate alternative forms of Penalty such as those related to community service. Such a worldview is believed to have at least influenced the change in correctional policies of state governments in the last half decade, probably in...
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...Prison system corruption along with criminal justice corruption continues to occur to this day. Stephen King and Bryan Stevenson discuss in their book and movie, the corruption of both prison systems and the criminal justice system as a whole. Their book or movie only differ in discussion about corruption, due to the time the book was written or the time the movie was based on. Corrupt leaders is one of the many topics of Stephen and Bryan Stevenson cover in their book or movie. For example, in Shawshank Redemption, the warden uses Andy, a prisoner, to accomplish his banking needs in 1940. This allows the warden to hide his dirty flow of cash from state employees. The warden even goes to the extreme, and gets an eyewitness of the real confession of the murderer of Andy’s wife and lover. This example can be closely related to an arrest made in Just Mercy. Furthermore, Walter McMillian, an African American was arrested in...
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...CRAFTON-HILL_CRJ201_MORENO_WK1_DISC1_THE CRIMINAL JUSTICE SYSTEM_11/17/15 The Criminal Justice System Notes Law enforcement The function of the police in attempting to control criminal behavior through arrests and citations. What is the judicial branch of the criminal justice system? The judicial branch is responsible for overseeing the local, state, and federal court systems. It explains the meaning of the Constitution and laws passed by the legislative branch and enforced by the executive branch. Now the Supreme Court is ahead of the judicial branch because it is the highest court of the land. Criminal justice is defined as the "system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts." To accomplish these tasks, the criminal justice system is broken down into three main branches: law enforcement, adjudication and corrections. The law enforcement sector of the criminal justice system includes the police force that investigates crimes or the possibilities of wrong doing, and makes arrests. They are tasked with keeping the peace, maintaining social order and enforcing criminal laws. While they are not allowed to break the law themselves, they are allowed to employ various coercive and forceful tactics to accomplish their jobs. After a suspect has been arrested, they will more than likely face the next branch of criminal justice. The second branch...
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...I believe is most applicability and relevance to criminal justice policy today. I will also summarize the model that I have chosen and provided analysis and explanation for my choice. The two models of the criminal justice system are created by a professor named Herbert L. Packer in 1964 at Sanford University, and these two models are "Crime Control Model" and the "Due Process Model." To understand and comprehend what these two models processes are that Professor Parker created for the criminal justice system, we must first define their meaning. Crime Control Model- Refer to a theory of criminal justice which places emphasis on reducing the offense in society through increased police and prosecutorial powers (Us Legal 2016). Due Process Model- Is a type of justice system which based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards (Us Legal 2016). Summary The crime control model believes that to protect the rights of law-abiding citizens in society, the best course of action would be to expand both the police and prosecutors department in law enforcement. This model belief that stricter, harsher, punishment will ultimately reduce crime. Here are some of the attributes that the crime control model has established in the United States criminal justice system; * Military Police State ...
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...Capital punishment is and will always be a much debated topic in many legal systems alike. Although it was removed from the Canadian Criminal Code[ Criminal Code, RSC 1985, c C-46 s 745] in 1976, capital punishment remains alive and well, still being in effect in 32 U.S. States. This begs the questions of what the reasons supporting this irrevocable form of punishment are, as well as the counter arguments that follow. In full support of the former, in his article titled “On Deterrence and the Death Penalty”[ Van Den Haag, Ernest (1969) On Deterrence and the Death Penalty. The Journal of Criminal Law, Criminology and Police Science, 60(2) ], Ernest Van Den Haag outlines his thoughts which support the use of the death penalty and how it might deter heinous crimes against society. The first section of this paper will give a summery of Van Den Haag’s thoughts, which he outlined in the article, including the main points and arguments made which support his view. Following this summary, an in depth analysis of how the article relates to my personal beliefs and understanding of the topic will take place. Summary In section one of the article, the author brings up the point that the purposes of the death penalty must always be understood as being one of two things: doing justice or deterring others. Van den Haag points out that any other aim of a justice system, such as rehabilitation, would not be met by this form of punishment. It is his belief that opponents contesting the use of...
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