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CRIMINAL JUSTICE SYSTEM

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by

Cait Seabury

on 14 May 2015

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Transcript of CRIMINAL JUSTICE SYSTEM

JUSTICE SYSTEM
design by Dóri Sirály for Prezi
LAWS
* Why Laws? -protection of individuals & society
- common welfare
* Basis & organization of laws: - ethics & morals
- keeping order - legal codes (i.e. Hammurabi's Code, Justinian's Code, Draconian Law)
- common law - statutes
* Types of Law: - federal, state & local - civil & criminal
* Civil Law: - attempt to settle disagreements usually stemming from property, business deals, money or other things of value
- government not necessarily involved
- decisions based on statutes & common law


CRIMINAL JUSTICE SYSTEM
'Causes' of Crime
* poverty * socioeconomic * lack of education
* 'poor parenting' * drug use * mental illness
* violence in the media
Criminal Justice System
* ARREST: - protect the general welfare of society, but also the Constitutional rights of the accused (Miranda Rights - 1963)
- probable cause - may get warrant from a judge for arrest, search & seizure - fingerprints, mugshots - prosecutor (DA) examines evidence to determine if there is enough to go to trial
-* PRELIMINARY HEARING: - prosecutor shows evidence in court, judge determines if sufficient - attorney appointed for defendant if necessary (Gideon v. Wainwright 1963) - accused pleads
* GRAND JURY: - federal cases (some states) - indictment - arraignment
* PRETRIAL MOTIONS: - evidence questioned (typically by defense)
* PLEA BARGAIN: - negotiates a guilty plea for a lesser sentence
* TRIAL: - jury selection
* SENTENCING: - consequences/punishment

* Criminal Laws: - a crime is behavior that the gov't considers harmful to individuals/society - describes judiciary process & penalties/punishment
* Types of Crimes: - a misdemeanor is a less serious crime for which the penalty is often a fine
- a felony is a more serious crime where penalty is usually imprisonment for a year+ : Examples - assault, battery, murder, rape (against people);
- larceny (robbery & burglary), arson, vandalism (against property);
- fraud, embezzlement (white-collar crime); - victimless crimes (i.e. gambling, drug use); treason, terrorism (crimes against the gov't)


CATEGORIES OF CRIMES
>CRIMES AGAINST PEOPLE: -assault (battery): An unlawful physical attack or threat of attack; simple or aggravated (with injury or with a weapon)
-sexual assault -rape -manslaughter -homicide

>CRIMES AGAINST PROPERTY: -larceny: unlawful taking of property without force or deceit (i.e. shoplifting, pickpocketing, car theft)
-robbery: theft of something of value; taken directly from a person
-burglary: unlawful and forcible entry into a residence
-arson: act of setting fire to property on purpose -vandalism

>WHITE-COLLAR CRIME: non-violent crime, typically by professional workers, committed for personal or business gain
fraud: intentional misrepresentation of identity in order to obtain things of value
-embezzlement: unlawful misappropriation of money or things of value perpetrated by someone who is entrusted with the said item of value

>VICTIMLESS CRIMES: -drug use -gambling -prostitution

>CRIMES AGAINST THE GOVERNMENT: -treason -terrorism



SENTENCING: -fine -jail -prison -community service
*parole

CORRECTIONAL FACILITIES
* Does the prison system need reform?
* Should prisons be places of Retribution or Reform?
-Rehabilitation: *education *counseling
*job training
*Should Capital Punishment used in sentencing?
Juvenile Justice System
>definition of a juvenile varies from state to state
-typically between 16-17 years of age
>some offenses are exclusive to minors
-truancy -running away -disobedience
-typically tried in juvenile court
-depending on the crime, may be tried as an adult
-focus is typically on rehabilitation and reform
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