Explain the Crime Control Model in Criminal Justice Flashcards

1. Individual Rights vs Public Safety
2. Public Expectations vs How System Operates
3. Role of Actors, Their Discretion, Effects of this Discretion
4. Factual Guilt vs Legal Guilt

• Discretion refers to the authority of an actor in the criminal justice system to make decisions based on one's own judgment rather than on specified rules

Principle of Legality

Factual guilt is whether or not someone actually committed a crime and legal guilt is whether or not they can provide enough evidence to prove that they actually committed the crime.

• A form of private law because it governs the relationships between individuals in society (e.g. contract law, company law)

• A form of public law designed to prevent or enforce certain types of behavior and punish offenders. (government has control over it)

Civil Law - 50%
Criminal Law - 90%

• The prohibition against double jeopardy applies only to criminal trials. The corresponding concept in civil litigation is res judicata : one can have only one trial for claims arising from one transaction or occurrence. So you can be tried in both courts for the same crime and are more likely to be convicted in the civil court

Federalism

Constitutions, case law, and statutes

• Rights of Person
• Like offenses treated alike
• System fair and impartial
• Accountability

Utility and values (can't say non liquet - It's not clear because the state has a duty to solve these problems)

• Operating set of interdependent institutions, procedures and laws/rules directed toward gaining criminal justice

Reaction -

1. Investigation
2. Arrest
3. Booking
4. Charging
5. Initial Appearance
6. Preliminary Hearing/Grand Jury
7. Indictment/Information
8. Arraignment
9. Trial
10. Sentencing
11. Appeal
12. Correction
13. Release