LSTD400+Chapter+Outlines - Chapter 1 Outline I Balancing...

This preview shows page 1 - 2 out of 35 pages.

We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
Wrightsman's Psychology and the Legal System
The document you are viewing contains questions related to this textbook.
Chapter 13 / Exercise 5
Wrightsman's Psychology and the Legal System
Greene/Heilbrun
Expert Verified
Chapter 1 Outline I. Balancing Values in Criminal Procedure A. Balance between government power and personal choice is the “big picture.” B. The balance is between two sets of values: 1. Community security vs. individual autonomy 2. Ends vs. means C. Community security is weighed against individual autonomy. 1. The objective of community security is we are (or believe we are) safe in our community. 2. Individual autonomy allows us to have control over our lives. 3. Striking this balance is often difficult, and it never satisfies anyone completely. 4. The balance between crime control and individual rights is flexible, meaning the balance falls within a zone. D. The ends are weighed against the means. 1. “Ends” consists of the search for truth to obtain correct results in individual cases. 2. Two phases of “ends” are catching, convicting, and punishing guilty people and freeing as soon as possible innocent people. 3. “Means” is the commitment to fairness in dealing with those caught up in the criminal process. 4. Balancing ends and means creates an uncomfortable tension for those that enforce the law; it hampers the search for truth while protecting citizens from police abuses. E. The due process revolution came about in the 1960s when evidence of excess police power spawned a reaction to change. The Warren Court tilted the balance of power toward process and individual rights. F. The balances between community security and individual autonomy and between ends and means have been tested during emergencies, especially the “wars” on drugs and terror. II. Equality A. Most of the history of criminal procedure, especially state criminal procedure since the Civil War, developed in response to racial discrimination. B. Not only does the search for equal justice for all look to root out racial discrimination but also class, gender, ethnic, and religious discrimination. III. Discretion A. Understanding the importance of discretion is key to understanding the balancing of values in our society along with equality. B. There are two types of decision making: 1. Formal decision making according to the law of criminal procedure 2. Informal decision making, or judgments, by professionals based on their training and experience and unwritten rules IV. The Objective Basis Requirement A. The agents of crime control aren’t free to do whatever they please. B. The objective basis requirement is that the government back up with facts every officially triggered restraint on the right of locomotion. C. Hunches are never enough. D. The graduated objective basis requirement demands that the further restraints on locomotion go, the more evidence is required to back it up. V. “Good” Evidence and “Bad” Methods A. Most cases that end up in the higher appellate courts are there because individuals want to take advantage of the abuses of power by the government.
We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
Wrightsman's Psychology and the Legal System
The document you are viewing contains questions related to this textbook.
Chapter 13 / Exercise 5
Wrightsman's Psychology and the Legal System
Greene/Heilbrun
Expert Verified

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture