Due Process/Amendments
What is a two-step process before an amendment can be
made to the US Constitution?
Amendment must be proposed and then ratified.
Why is it important for us to
have goals in criminal
Justice?
To Control
to Prevent Crime
Justice for those affected
What is a crime?
A crime is an illegal action or activity for which a person can be
punished by law.
For someone to enter into the criminal justice process, a crime
must allegedly occur.
Wat is The Code of Hammurabi?
The earliest known criminal code was written
in 2200 BC.
◈ The Code of Hammurabi was established by
the Babylonian king Hammurabi.
◈ The code established 282 punishments for
crimes against society.
What is crime?
A crime is an illegal action or activity for which a
person can be punished by law.
Several conditions must be present before someone’s behavior is
considered criminal. Those conditions are:
• Must violate a law
•Actus Reus (the guilty act)
• Causation (the behavior must cause harm)
• Mens Rea (the guilty mind)
• Concurrence (actus reus and mens rea must occur together)
Is it true that Congress, by a two-thirds vote, will propose an
amendment to the states for their consideration?
Yes
How many different models of Criminal Justice; and what are they?
5
Discretionary Model
Funnell
Wedding cake
Systems
Consensual Model
How are police aware of a crime being committed?
This usually occurs through either proactive or reactive policing.
What is Frankpledge?
All adult males were to work
together to protect the community.
WHO DECIDES WHAT IS A CRIME?
Each state decides which behaviors are criminal. Because
of this, each state has their own criminal code. In
Massachusetts, we have the Massachusetts General Laws
Annotated (MGLA). Congress also has their own U.S. Code
for federal crimes. Therefore, there are crimes on both the
state and federal level.
How many amendments have been successful and proposed by congress?
There have been 27 amendments successfully proposed by
Congress and ratified by the states.
What is the Systems Model?
Similar to how a computer works, the criminal justice system can
be classified in the same way. Computers use a system of inputs
and outputs. Crime is the input (it’s the start of the criminal justice
system and puts you into the system when caught). Corrections is
the output (it’s the end of the criminal justice system and how you
get out, after completing your punishment).
What happens during a booking?
The booking process takes place after a suspect has been arrested.
It is a process which a suspect goes through to be formally documented
into the criminal justice system. It typically involves the following:
The suspect’s personal information is recorded. A warrant check is also
performed.
Their mug shot is taken
Their clothing and personal items are confiscated
Fingerprints are taken
A full search of the suspect is performed. The purpose of the search is to
locate any weapons or contraband before the suspect is placed in their cell.
Who is Henry Fielding?
Henry Fielding was a magistrate (judge) based
in London.
◈ He noticed a high amount of thefts occurring
in the entertainment district of London.
What is ACTUS REUS?
•Actus Reus = the guilty act
• Means the physical act of committing a crime.
•In most cases, the person must take the action of committing the
crime before they can be charged with a crime.
Of the 27 amendments to the US Constitution, how many of them
are considered the due process amendments?
Which amendments are they?
5
They are the 4th, 5th, 6th, 8th, and 14th amendments.
What is the Funnell Model?
Represents several crimes
being committed, but only a
small percentage of criminals
end up in prison.
What happens during the 1st appearance?
The suspect will see a judge for the first time usually within 24 hours
after their arrest.
During the first appearance, the suspect’s charges are formally read to
them.
They will have the opportunity to inform the court of their intention to
hire an attorney. If they cannot afford one, the court can appoint them
one during the first appearance.
The judge will also set the bail amount that the suspect can pay to be
released from jail until their court date.
What was the Bow Street Runners created?
Fielding noticed a high amount of thefts occurring
in the entertainment district of London.
How many types of Causation?
There are two types of causation. Factual causation and
Legal causation.
Which amendment is considered the most important? Why is it named the Due Process Clause?
14th!
Due process Clause – Basically applies the due process
amendments to the state and local levels (they were
originally only for the federal level).
Equal Protection Clause – requires each state to provide
equal protection under the law to all people, including
non-citizens, within its jurisdiction.
What is the consensual model?
This happens when the members of the “courtroom workgroup (the
judge, prosecutor, and defense attorney)” agree on what a normal
crime is and what the punishment should be for that crime. These
members work together in the form of plea agreements to move
cases quickly through the criminal justice system.
What are some steps of a trial; what is the purpose of it?
The trial is the examination of the facts of the case. The facts are
typically presented through witness testimony as well as evidence being
admitted during the trial proceeding.
The purpose of the trial is to determine whether the suspect committed
the crime. The suspect is presumed innocent. The prosecutor must
prove the suspect is guilty beyond a reasonable doubt.
If the suspect is found not guilty, the case is over. If the suspect is found
guilty, they move onto the sentencing phase.
What was Colonial Policing in America?
Based on policing from England.
◈ Governors appointed a sheriff (shire-reeve) in
each county (shire) to be in charge of the
following:
⬩ Manage the jail
⬩ Investigate criminal complaints
⬩ Collect taxes
Explain MENS REA?
•Mens Rea = the guilty mind
•This occurs when the person intended to commit the crime.
•The person also must know that committing the crime was
wrong.
•Being negligent and/or reckless also proves mens rea in
some crimes.