Key Concepts & Frameworks
1. Due Process Model
The constitutional principle that the government must follow fair procedures before depriving anyone of life, liberty, or property. Rooted in the 5th and 14th Amendments. Includes right to counsel, speedy trial, and presumption of innocence.
The constitutional principle that the government must follow fair procedures before depriving anyone of life, liberty, or property. Rooted in the 5th and 14th Amendments. Includes right to counsel, speedy trial, and presumption of innocence.
2. Crime Control Model
Emphasizes efficient apprehension and punishment of offenders to deter crime. Prioritizes public safety and order over individual protections. Contrasts with the due process model's focus on rights.
Emphasizes efficient apprehension and punishment of offenders to deter crime. Prioritizes public safety and order over individual protections. Contrasts with the due process model's focus on rights.
3. The Criminal Justice Funnel
Not all crimes result in punishment. 100% of crimes → ~50% reported → ~20% arrests → ~10% prosecuted → ~8% convicted → ~3% incarcerated. Each stage filters cases through decision points.
Not all crimes result in punishment. 100% of crimes → ~50% reported → ~20% arrests → ~10% prosecuted → ~8% convicted → ~3% incarcerated. Each stage filters cases through decision points.
4. Restorative Justice
Approach emphasizing repair of harm through dialogue between offender, victim, and community. Practices: victim-offender mediation, circle sentencing, community reparative boards. Alternative to purely punitive approaches.
Approach emphasizing repair of harm through dialogue between offender, victim, and community. Practices: victim-offender mediation, circle sentencing, community reparative boards. Alternative to purely punitive approaches.
5. Three-Strikes Laws
Mandatory life sentences for offenders convicted of three serious felonies. First passed in Washington (1993), adopted by 24+ states. Critics: disproportionate sentences for minor third offenses. California reformed its law in 2012 (Prop 36).
Mandatory life sentences for offenders convicted of three serious felonies. First passed in Washington (1993), adopted by 24+ states. Critics: disproportionate sentences for minor third offenses. California reformed its law in 2012 (Prop 36).
Core Definitions
Mens Rea: "Guilty mind" — the mental state required for criminal liability. Levels: purposeful, knowing, reckless, negligent. Strict liability crimes (e.g., statutory rape) don't require mens rea.
Actus Reus: "Guilty act" — the physical act or omission that constitutes a crime. Must be voluntary. Thought alone is never criminal; there must be some outward conduct.
Beyond a Reasonable Doubt: The highest standard of proof in the US legal system, required for criminal conviction. Not absolute certainty, but no reasonable doubt remains after considering all evidence.
Habeas Corpus: The constitutional right to challenge unlawful detention before a court. "Produce the body" — the state must justify holding a person in custody. Suspended only during rebellion or invasion.
Probable Cause: The standard for arrest and search warrants: facts and circumstances sufficient for a reasonable person to believe a crime has been committed and the suspect committed it. Lower than "beyond reasonable doubt."
Worked Examples
Example 1: Criminal Justice Funnel Analysis
1,000 violent crimes → 550 reported (55%) → 110 arrests (20%) → 88 prosecuted (80%) → 70 convicted (80%) → 35 incarcerated (50%). Shows attrition at each decision point.
1,000 violent crimes → 550 reported (55%) → 110 arrests (20%) → 88 prosecuted (80%) → 70 convicted (80%) → 35 incarcerated (50%). Shows attrition at each decision point.
Example 2: Due Process in Action
Miranda v. Arizona (1966): Ernesto Miranda's confession was inadmissible because he wasn't informed of his rights. Result: police must give Miranda warnings before custodial interrogation.
Miranda v. Arizona (1966): Ernesto Miranda's confession was inadmissible because he wasn't informed of his rights. Result: police must give Miranda warnings before custodial interrogation.
Example 3: Restorative Justice Process
A burglar steals $500 from a family. Restorative approach: offender admits the theft, meets the victim (who describes financial/emotional impact), agrees to repay $500 + do 50 hours community service. Victim feels heard; offender takes responsibility.
A burglar steals $500 from a family. Restorative approach: offender admits the theft, meets the victim (who describes financial/emotional impact), agrees to repay $500 + do 50 hours community service. Victim feels heard; offender takes responsibility.
Practice Problems
Problem 1: What are the three components of the criminal justice system?
Answer: Law enforcement (police), courts (judiciary), and corrections (prisons, probation, parole).
Answer: Law enforcement (police), courts (judiciary), and corrections (prisons, probation, parole).
Problem 2: What is the difference between a felony and a misdemeanor?
Answer: Felony: serious crime punishable by >1 year imprisonment. Misdemeanor: less serious crime punishable by ≤1 year in county jail.
Answer: Felony: serious crime punishable by >1 year imprisonment. Misdemeanor: less serious crime punishable by ≤1 year in county jail.
Problem 3: Explain the difference between the crime control and due process models.
Answer: Crime control prioritizes efficient apprehension and punishment (order). Due process prioritizes individual rights and procedural fairness (justice). Balance varies by era and political climate.
Answer: Crime control prioritizes efficient apprehension and punishment (order). Due process prioritizes individual rights and procedural fairness (justice). Balance varies by era and political climate.
Problem 4: What are the four levels of mens rea?
Answer: (1) Purposeful (conscious objective), (2) Knowing (aware of result), (3) Reckless (conscious disregard of risk), (4) Negligent (should have been aware of risk).
Answer: (1) Purposeful (conscious objective), (2) Knowing (aware of result), (3) Reckless (conscious disregard of risk), (4) Negligent (should have been aware of risk).
Problem 5: What is restorative justice and how does it differ from retributive justice?
Answer: Restorative justice focuses on repairing harm through dialogue, accountability, and victim involvement. Retributive justice focuses on punishment proportional to the offense. Both can coexist in modern systems.
Answer: Restorative justice focuses on repairing harm through dialogue, accountability, and victim involvement. Retributive justice focuses on punishment proportional to the offense. Both can coexist in modern systems.