Criminal Justice Case Study

Topics: Common law, Law, Crime Pages: 12 (2729 words) Published: November 29, 2009
Crime= conduct that violates criminal law for which there is no legally accepted justification or excuse. The criminal law has to written in order to be violated
1850-1880 crime epidemic and social upheaval caused by immigration Prohibition yrs:
Widespread organized crime
War protests
Civil rights era increased concern for rights of women and ethnic racial minorities 70-80s
FBI data indicate a considerable increase in murders, rapes, and assults Americans demanded law and order
In contemporary American society there is a need to:
Create balance between individual rights and public order
Individual rights and public order
ACLU practice for individual rights
Individual rights advocates seek to protect personal freedoms and civil rights Public order
Society has a valid interest in preventing future crime in public safety Justice=principle of fairness, the idea of moral equity
Social justice embraces all aspects of civilized life and is linked to fundamental notions of fair and cultural beliefs of right and wrong Components of social justice
Civil justice
Deals with fairness in relationships between citizen’s government agencies and business in private matters Criminal justice
Concern for violations of the criminal law
3 components of criminal justice
Law enforcement
3000 BC and before
No written history or rules
Only pictures and oral
Were tribes “civilization and villages?
Breaking rules
Would be punished upon breaking rules by: death banishment Retribution/eye for an eye
Monetary or physical
One of the 1st to develop an empire that had a king (Hammurabi) Code of law/1st system of justice and crime that was written Death being the primary punishment
1000 BC
Had written codes of justice
Developed democracy
Had officials that were involved with development
But were still very brutal in their punishment
Had prisons/dungeons
Dark ages
Renaissance 1500-1600’s
Reformation 1600-1700 Protestantism came about and spread
Trial by ordeal (ex: put in a certain situation and if survived or not affected then would not be punished for crime and assumed innocent) Inquisition/ to inquire if the person was indeed guilty of charges being brought up on (tortured to get an admission of crime from the person) Death used less

Torture (OUTLAWED)
1700-1800 (age of reason) human rights
1800 -present (modern)
Prison mostly used for punishment
Decline of Catholic Church influence (people became Protestants) Death only on serious offenses (people were hung)
How the justice system interacts:
Consensus model assumes cooperation among all components of the system toward a common goal The systems model
Conflict model assumes all components are self serving and complete for limited resources The non system model
Police investigation and arrest
Police become aware of a law violation of law through either: Proactive law enforcement (advanced planning)
Reactive law enforcement (usually until the crime happens) No one is above the law not even the police
The U.S. constitution was designed to protect against abuses of police power Restraints on police behavior:
Help to ensure individual freedoms
Must be balanced against the need for police to effectively do their jobs The us constitution especially the bill of rights is designed to protect citizens from abuse in police power Due process is required by 4th 5th 6th and 14th amendments (Every steps to and must be followed that are needed to convict a criminal) Courts provide an area for dispute resolution between individuals and between citizens and government agencies Courts also deal...
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