JUD- Criminal Justice Lesson

Criminal Justice

Researchers and commentators may classify crime into the following categories: property crime, public order crime and violent crime.

Crime Index: 
There are nine types of crimes that are tracked. 
1. Murder
2. Forcible Rape
3. Robbery
4. Aggravated Assault
5. Burglary
6. Larceny-Theft
7. Motor-Vehicle Theft
8. Arson
9. Hate Crimes

Analysts can also group crimes by severity, some common category-terms include federal crimes, felonies, infractions, and misdemeanors.

Crime statistics in the United States come from two major sources: the FBI and the Census Bureau - these two entities have different ways of collecting data and therefore show different statistics about crime. The one thing they both agree on, however, is that crime has dramatically increased in the last 50 years.

These are reliable statistics in terms of what is reported. There are many more crimes that are committed that are never caught or people do not press charges and these are not counted in these statistics.

Juvenile crime refers to legal violations if you are under the age of 18. The majority of teenage activity includes theft, murder, rape, robbery, assault and the sale of illegal substances. Juvenile crime has actually gone down in the last 20 years. Many think that the main reason for this is due to stiffer fines against juveniles.

Play around with the FBI website in the sidebar to learn some more information about crimes.

The criminal justice process begins when a crime is committed and then proceeds through a sequential order designed to find justice for victims as well as punish the criminal in a way that will deter future criminal behavior. Later in this lesson you will see the steps involved in a criminal and civil trial.

Due Process

The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. The Supreme Court of the United States interprets these two clauses as providing four protections: procedural due process in civil and criminal proceedings, substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials.

Due process requires that all laws be clear in meaning and application. If they are vague, they violate due process. Due process requires certain procedures by which a case is heard. Due process requires that all provisions of the Bill of Rights in the Fourth through Eighth amendments are observed in all court cases. It tries to ensure fairness.

Criminal and Civil Trials

Criminal Law: 
The body of the law dealing with crimes and their punishments. Individuals are prosecuted by the government and are provided with an attorney if the defendant cannot afford one.  Penalties usually involve a loss of liberties. 
Civil Law: 
The body of the law dealing with non-criminal disputes between individuals, organizations, and other bodies. In civil law, a plaintiff sues a defendant and all parties must provide their own attorneys. Penalties are typically monetary.

Types of Sentences

Examples of Punishments:
Death Penalty
Incarceration
Probation
ISP
Boot Camps
House Arrest
Community Service
Scarlet Letter
Asset Foreiture
Restitution
FinesDoes punishment deter crime? Deterrence is discouraging criminal acts by threatening punishment. There is a lot of debate about whether deterrence works or not. Many say that our punishments are not severe enough and this is why there is so much crime in the United States. Capital punishment is something done in the US that is harsh enough, however, many still feel that it takes too long for this to occur. Since the death penalty was begun in 1930, more than 4000 people have been executed. This is mainly used for murder, and many believe that it will make a difference in the execution of this crime. What has been found, however, is that the murder rate has remained constant since its beginning.

Retribution is a way of making criminals pay for their crimes. This can be done through time in jail or through actual payment of the person for injuries incurred during the crime. The main way to do this is through incarceration or prison. People are for the main purpose of rehabilitation, which is making them be better people and want to be a good and honest part of society. There are alternatives to prison, many of which include some kind of probation so that people can still support their families while they are paying back the community for their crimes.

Sentences are punishments for convicted defendants. Prescribed punishments for crimes can be found in state and federal statutes. The Eighth Amendment places limits on the severity of punishments.

 

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