Herbert Packer (1964) outlined two competing models of the value systems operating within criminal justice today: The 

a) crime control model and

b) the due process model.

According to Packer, “The value system that underlies the Crime Control Model is based on the proposition that the repression of criminal conduct is by far:

Therefore, adherents of the Crime Control Model advocate

The Due Process Model takes a rather opposite view of how the system should operate. The key to understanding this position is that it hinges on protecting the civil rights of every citizen.

A major policy implication if this view is to limit police powers in order to prevent the oppression of the individual citizen.

Adherents of this position hold that merely establishing guilt is not adequate; the government must show guilt in a fair and legal way that respects the rights of the police

The Civil Rights revolution started in what year?

The Burger Court (1969 – 1986) was far more conservative than the Warren Court, but there was no conservative majority. The Rehnquist Court (1986 – 2005) was far more conservative than the Burger Court. These conservative courts, perhaps out of concern for the time-honored tradition of cohesion and unity of the Supreme Court, did not overrule many of the liberal decisions of the Warren Court. Rather, they “chipped away” at them by creating scores of exclusions.

The United States Supreme Court consists of the Chief Justice of the United States and

At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide.

Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law. This standard is often referred to as a substantial federal question.

It is the authority of the Supreme Court to review the acts of Congress and determine if those acts meet the standards set forth in the Constitution. It is interesting that the power of _______ was never directly vested in the court in the text of the Constitution.

__________________ refers to the idea that justices should only strike down acts of the legislative branch when those laws are in direct conflict with a constitutional provision.

There are two major advantage points from which to regard the work of the Supreme Court. The first is that the constitution should be interpreted as it is written. A second is that the Constitution must be interpreted in the context of modern life and modern problems. This debate has been characterized as one between 

____________, on the other hand, is the idea that the democratic process should direct changes in policy. That is, policy should be set by legislative enactments that represent the will of the people.

A court cannot attempt to correct a problem on its own initiative. Before a federal court can hear a case, certain conditions must be met. Under the Constitution, federal courts exercise only judicial powers. This means that federal judges may interpret the law only through the resolution of actual legal disputes. the plaintiff in a federal lawsuit also must have legal standing to ask the court for a decision. That means the plaintiff must have been aggrieved, or _______________ in some way, by the defendant.

Federal courts have unlimited jurisdiction.

104 Criminal law is often used as a very general term to describe the entire body of law that is of concern to the criminal justice system. Recall that the two major parts are:

The ____________ law consists largely of statutes that define criminal acts

The ______________law dictates how the criminal justice system should treat people.

109 When it comes to how the police must treat people, the most important body of law stems from the Bill of Rights.

112 Perhaps the most important laws that concern police conduct are the Fourteenth and Fifth Amendments of the United States Constitution.

If the amendment has to do with search and seizure it is the Fourth Amendment.

The Amendment that guarantees due process of law for the individual is:

The amendment that his to do with anything about a trial is:

The amendment that requires the States to observe the due process standards set forth in the federal Constitution as interpreted by federal appeals courts is:

The right to privacy places a limit on many forms of police conduct, from searches to arrest. It is important, however, to understand there is a limit to how far the right goes. It is not absolute. The police are not prohibited from interfering with a citizen’s privacy interest, but it must be ___________ when they do so.

When it comes to the police conducting searches of people, vehicles, homes, offices and anywhere else a person has a right to privacy, the idea of reasonableness comes down to ______________.

______________ means that there is sufficient evidence to make a reasonable person would believe that the person is doing something contrary to:

128 When determining probable cause for a search, the reasonableness test used by the courts considers the experience and training of police officers. That is, the test is not merely what a reasonable person would believe, but what a reasonable officer would believe in light of the evidence as well as the officer’s training and experience.

130 Another requirement for a search warrant to be valid is that it must _____________________ the person or thing to be seized.

134 All of the officer’s evidence must be contained in an affidavit. The rules also dictated how a warrant must be executed. As a general rule, the warrant must be served during daylight hours, and officers must identify themselves as officers and request entry into the place to be searched. This identification requirement is known as knock and talk

A __________________ can be issued have a legitimate fear that announcing their presence would endanger lives or give criminals time to destroy evidence

There are several exceptions to the general requirement that officers must obtain a search warrant for a search to be legal. The Supreme Court has determined that _________ circumstances justify an exception to the rule.

Another common warrantless search is a ____________. Most of the rights guaranteed by the constitution can be waived by the person that has the right.

If a person gives the police permission to search, so long as the permission is given voluntarily, then there is no violation of the person’s Fourth Amendment rights.

145 Most of the exceptions to the warrant requirement above do not, for one reason or another, require probable cause. An automobile search is an interesting hybrid because it does require probable cause to obtain a warrant, even though the officer is not obligated to actually obtain the warrant.

143 Another exception to the general requirement that police have a warrant to conduct a search is known as a hot pursuit search.

To preserve evidence and to protect officers from hidden weapons, officers are allowed to search a person after they have been arrested. Such a search is known as a 

152 Most arrests are made without arrest warrants, despite the constitution’s general requirement that officers have one.

152 When it comes to arrests, probable cause means that the officer has reasonable grounds to believe that the person has committed or is about to commit a crime. When a warrant is sought, the supporting evidence must be included in an affidavit, just as with a search warrant. 153 Under all circumstances, an officer must have reasonable suspicion to make an arrest

155 The old common-law rule was that an officer could make an arrest, without a warrant, if he believed he had evidence amounting to probable cause that the person had committed a felony. In the case of a misdemeanor, the crime had to be committed in the officer’s presence. These same basic common law rules are still followed in many jurisdictions today.

156 Many jurisdictions, however, have created special rules where misdemeanors that the officer did not witness directly (such as with many domestic battery statutes) can result in lawful arrests without a warrant. Social scientific research has resulted in at least some evidence that arresting the _________ _ in domestic violence cases prevents further battering

While these offenses are generally classified as misdemeanors, these special legislative enactments _________ law enforcement to take the primary aggressor into custody despite not having a warrant or having seen the crime take place.

In 166 Terry, the court said that the police have the right to stop individuals for a short period of time when their behavior seems suspicious, ask them questions, and pat them down for weapons. This type of stop is also known as a stop and frisk. 167Terry was less than probable cause, but more than a mere hunch. The court called this standard suspicion. Unlike courtroom testimony, standard suspicion can be based on hearsay.

 169 What happens if the cops do not listen to the Court and violate somebody’s rights? There are several remedies, but the most important one to the criminal justice system is the existential rule.

170 It states that illegally obtained evidence cannot be admitted into a criminal court.

171 Here, illegally obtained means obtained in violation of the defendant’s constitutional rights.

217 One of the most enduring debates about the criminal justice system of the United States is whether it is a system at all. The term system suggests components that work together to achieve some overarching goal. Critics argue that no such thing happens in American criminal justice. They argue that the police, courts, and corrections agencies act independently of each other with different financial resources and different goals and objectives. This position is known as the Non-system Argument.

220 Most of the safeguards of American civil liberties against intrusion by the government are contained in the

The ___________________ which ended segregation in public places and banned employment discrimination on the basis of race, color, religion, sex or national origin, is considered one of the crowning legislative achievements of the civil rights movement.

Under the Civil Rights Act of 1964, segregation on the grounds of race, religion or national origin was banned at all places of public accommodation, including courthouses, parks, restaurants, theaters, sports arenas and hotels.

Racism is the belief that members of one race are inferior to members of another race.

236 Disproportionate minority contact refers to the disproportionate number of minorities who come into contact with the criminal justice system.

The literature on disproportionate minority sentencing distinguishes between:

_____________are those things that we accept as legitimately, as a matter of law, mitigating or aggravating criminal sentences. Such things as the seriousness of the offense and the defendant’s prior criminal record fall into this category.

___________include things like class, race, and gender. These are regarded as illegitimate factors in determining criminal sentences. They have nothing to do with the defendant’s criminal behavior, and everything to do with the defendant’s status as a member of a particular group.

One way to measure racial disparity is to compare the proportion of people that are members of a particular group (their proportion in the general population) with the proportion or that group at a particular stage in the criminal justice system. It is estimated that African-Americans made up 13.2% of the population of the United States. According to the FBI, 28.4% of all arrestees were African-American. This is racial disparity.

There are three basic explanations for these racial disparities in the criminal justice system. The first is individual racism.

Individual racism refers to a particular person’s beliefs, assumptions, and behaviors.

248 Another explanation for racial disparities in the criminal justice system is institutional racism.

249 Institutional racism manifests itself when departmental policies (both formal and informal), regulations, and laws result in unfair treatment of a particular group.

A third (and controversial) explanation is differential involvement in crime. The basic idea is that African-Americans and Hispanics are involved in more criminal activity. Often this is tied to social problems such as poor education, poverty, and unemployment

For much of history in the United States, children were treated the same as adult criminals. According to common law, the defense of infancy was available to children below the age of seven. 259 The idea was that very young children were not culpable because they lacked the capacity to understand the wrongfulness of their action This is called the

261 The Juvenile Court movement began in the United States at the end of the Nineteenth Century. From the juvenile court statute adopted in Illinois in 1899, the system has spread to every State in the Union, the District of Columbia, and Puerto Rico. By 1945 every state had adopted a similar program.

The rule of sevens, in English common law, establishes three age brackets for determining a young person's capacity to be responsible for torts and crimes.

a)    Children under the age of seven cannot be held to have capacity,

b)    while there is a rebuttable presumption that a minor aged 7 to 14 lacks capacity,

c) while for those aged 14 to 21 there is a rebuttable presumption of capacity.^[1] 

269 Juvenile courts:

established on basis of parens patriae, whereby the state is permitted to step in as the parent;

270 are a non-adversarial process that focuses on the best interests of the child,

271 have different terminology so that juvenile offenders are not stigmatized with criminal definitions.