exam 1 intro to cj
There are several similarities between criminal and civil law: " Criminal and civil litigation both occur, or can occur, in a formal judicial proceeding. This proceeding may involve a judge, jury or both. Rules of evidence and procedure apply in both types of cases.
" Both criminal and civil cases involve an allegation of wrongdoing. " Judicial decisions, regardless of whether they are from civil or criminal proceedings have the force of law. In addition, in most cases court decisions are appealable.
" This small group may be responsible for a significant portion of all serious criminal behavior. " Chronic offenders can be distinguished from conventional criminals.
" Chronic offender research indicates young, persistent offenders grow up to become adult repeat offenders; phenomenon referred to as persistence.; Chronic offender concept has had a great deal of impact on the criminal justice system.
Conflict view " Crime is the outcome of class struggle between the rich and poor, have and have-nots. " Criminal justice system is an instrument of social and economic repression.
" Criminal law is created and enforced by the ruling class as a mechanism for controlling dissatisfied lower-class members.
Consensus view " Rests on the assumption that criminal law has social control function " Crimes are those that are essentially harmful to a majority of citizens and are prohibited by the existing criminal law.
" Criminal law is the set of rules, codified by state authorities that express the norms, goals, and values of the majority of society.
Differences: " In a criminal proceeding the accuser of wrongdoing is the state, through a district attorney or prosecutor. The person accused of wrongdoing is called the defendant.
" In a civil proceeding the accuser of wrongdoing is another individual, company, organization, etc. The accuser is called a plaintiff. The person or entity accused of wrongdoing is an individual, company, organization, etc.
This political influence over policing would remain dominant until into the early part of the 20th Century. Early police agencies " Born out of urban mob violence " Boston created first formal U.S. police department in 1838. " Early police agencies were corrupt, brutal, and inefficient.
" Initially, urban police departments inherited the functions of the institutions they replaced. " Policing was a highly desirable job in late 19th century and paid more than most blue-collar jobs. " Police were regarded as incompetent and corrupt during the 19th century and disliked by the public. " The police role was only minimally directed at law enforcement. " The first technological breakthroughs in police operations came in the area of communications.
Due process includes " Freedom from illegal searches and interrogations " Prompt notice of charges and a formal hearing " The right to counsel or some other representation " The opportunity to respond to charges
" The opportunity to confront and cross-examine witnesses and accusers " The privilege to be free from self-incrimination
O.W. Wilson - Chief of Chicago Police Department-pioneered the use of advanced training for offieres and was intramental in applying modern management and administrative techniques
"Applied then contemporary management principles, bureaucracy, efficiency, chain of command, specialization to American policing; Advocated standardization of the policing response through rigorous training.; Initiated regular beat changes to deter corruption.
Recognizing the need for improving community relationships, many departments began the development of community policing. Early on these programs were only nominally effective
. But later they would become important. The 1970s and beyond
As a result the U.S. Constitution, to remain relevant, must be periodically amended, 27 times and interpreted. The U.S. Supreme Court is responsible to interpreting the Constitution and applying its principles to contemporary society.
.They do this through: " The facts of the case " The specific federal or state statutory provisions that are relevant " Previous court decisions, and " Judicial philosophy.
Bargains and informal negotiations are more common than formal trials. Upwards of 80 percent of all felony cases and over 90 percent of misdemeanors are settled without trial.
.Traditionally the process is viewed as a series of formal decision points, but in reality, cases are often settled informally through plea bargaining, discretion, or desire to preserve resources for more serious cases.
Females are more likely than males to be victimizes by someone they know. Adolescents maintain a high risk of being physically and sexually assaulted.
Studying the characteristics of crime victims provides information about victimization that is often used to prevent victimization. Gender affects one's risk of victimization.
Suggests that because of strain and social isolation, a lower-class culture develops in disorganized poverty-ridden neighborhoods "
Subcultures develop and maintain values that are in conflict with conventional social norms.
Be familiar with the most recent developments in criminal law reform.
The criminal Law is constantly changing and being updated. New laws, says crimes in book, have been created to control stalking, environmental damage, and cyber crime.
Describe the "wedding cake" model of justice
There are significant differences in the way each case is treated. Criminal acts that are very serious or notorious may receive the full complement of criminal justice processes, from arrest to trial.
Be able to discuss how crime is defined.
There are three independent views on how behaviors become crimes. The consensus view holds that criminal behavior is defined by laws that reflect the values and morals of a majority of citizens.
The crime rate peaked in 1991 and after was declining for 13 years, especially in violent crimes, then the crime rates began to increase again mostly in violent crimes.
1.2 million violent crimes are reported each year. Property crimes include, larceny, motor vehicle theft and arson, currently around 9 million crimes are reported annually.
The level of proof required in a criminal proceeding is beyond a reasonable doubt. The level of proof required in in a civil proceeding is a preponderance of evidence.
As a result it is much more difficult to achieve a conviction in a criminal proceeding than a judgment in a civil proceeding.
The defense attorney is often confronted with conflicting obligations to his/her client and profession. Ethical issues do not stop once the defendant has been convicted.
Ethical considerations transcend all elements of justice system. Ethics are challenged by the discretion afforded to correctional workers and administrators.
Be familiar with the methods used to measure crime.
There are three principle measures of crime: Official data, Victimization data, Self-Report Data. The Uniform Crime Report is the "official" measure of crime. One of the most important of these sources, is the uniform crime report compiled by the FBI.
Urban areas experience more crime than rural areas because of the issues associated with poverty, density and conflict. Crime rates are higher in the summer because the warmer weather allows individuals to interact more.
In addition, during the summer months more adolescents are out of school and many of these are not supervised properly.
9. Plea bargaining - a formal process wherein the prosecutor and defense attorney bargain for a change in the defendant's plea. The defense attorney wants the least punitive outcome and the prosecutor wants to avoid a trial and insure the most punitive outcome. The strength of the evidence against the defendant often determines the outcome of this process.
10. Trial/adjudication - a formal process wherein the prosecutor presents the evidence and attempts to remove reasonable doubt of the defendant's guilt. This is an adversarial process where in the defense attorney is expected to refute the evidence.
11. Sentencing/disposition - if convicted the offender is sentenced to pay a fine, a term of imprisonment or probation.
12. Appeal/postconviction remedies - following conviction the defense may ask the court to set aside the verdict or ask a higher court to reverse the decision.
13. Correctional treatment - after sentencing the offender is placed in the custody of a correctional system - institutional or community based. While there the offender may receive rehabilitative training.
14. Release - after the offender has served his time he is released and can return to society. Most incarcerated offenders are release early to parole.
1. Initial contact - in most cases this involves a police officer observing a crime or being dispatched to a crime scene.
2. Investigation - involves the collection of evidence, including witness statements, that produce the probable cause necessary to arrest a person suspected of committing the crime.
3. Arrest - a legal condition wherein an individual's freedom is restricted by the police. All arrests must be based on probable cause.
4. Custody - following arrest, suspects are detained. In some cases the investigation process continues.
5. Charging - a formal process wherein the police present the evidence to a prosecutor and, usually by mutual agreement, a decision is made on the most appropriate offense based on the available evidence.
6. Preliminary hearing/grand jury - depending on the jurisdiction, during this step the evidence is reviewed objectively. The initial charge may be accepted as is, modified or nullified.
7. Arraignment - a formal process wherein the suspect is informed of the charges and asked to enter a plea (guilty, not guilty or nolo contendre)
8. Bail/detention - a formal process wherein the decision is made on whether to release suspect from custody pending trial. Bail is a payment to the court (in cash or tangible property) that insures the suspect will return for adjudication.
Characterize the informal criminal justice system.
A great deal of the criminal Justice process is informal, involving deal making and plea bargaining, Rather than engage in the adversarial process, prosecution and defense work together to settle cases efficiently
Stand your ground- Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence, except in one's own home.
A law that allows people to use force in a wide variety of circumstances and eliminate or curtail the need to retreat even if they are not in their own home but in a public place.
Be able to discuss the characteristics of crime victims.
About 20 million us citizens are victims of crime each year. Data shows that as with crime, victimization has stable patterns and trends. Violent crime victims tend to be young, poor, single males living in large cities.
and eventually sentenced to prison. Herbert Packer sees each stage of criminal justice process as a decision point through which cases flow.
About 30 percent of people arrested on felony charges are eventually convicted in criminal court. Almost one-third of convicts are released back into the
State police-State police were create to deal with the growing crime in nonurban areas. Most local police agencies were unable to protect effectively against highly mobile lawbreakers who randomly struck towns and cities throughout a state due to the automobile. The texas rangers was the first police agencies formed in 1835.
About half of the state police agencies are comprehensive, meaning that they have most or nearly all of the functions of a typical metropolitan agency. Many of these agencies have substantial regulatory power (truck traffic, driver licensing, etc.
Psychological theory: It's in their heads " According to psychoanalytic theory, crime is a manifestation of feelings of oppression and people's inability to develop proper psychological defenses and rationales to keep these feelings under control.
According to attachment theory, the ability to form an emotional bond to another person, has important lasting psychological implications that follow people across the life span.
Criminal justice administrators have documented and studied crime trends for more than a 150 years. Research has identified numerous factors that influence crime trends
Age Structure - As the proportion of teens in the population increases so does crime. Immigration - Immigration has a suppression effect on crime. Unemployment - There is little correlation between unemployment and crime. Abortion - There is some evidence that the drop in the crime rate is attributable to an increase in abortions beginning in 1973.
In self reporting crimes, the book reports marijuana use has been rising and ecstasy is making a comeback, it does not mention opioids though.
Alcohol use has been declining and the rate of violent and property crimes has been rising.
Be familiar with the elements of a crime.
All common law crime contains both mental and physical elements. The actus reus is a voluntary and deliberate illegal act, such as taking someone's money, burning a building, or shooting someone.
The national survey complies criminal acts reported to local police. The acts are called Part I crimes, murder, rape, burglary, robbery, assault, larceny/theft, and motor vehicle theft.
All other crimes are referred to as Part II crimes; the FBI reports arrests for part II crimes. The national Crime victimization survey, NCVS asks people about their experiences with crime.
Adolescents stay out late at night, go to public places and hang out in places where crime is most likely to occur. Teens spend a great deal of time in the presence of their adolescent peers, the group most likely to commit crime.
Although elderly people seem more vulnerable they are not likely to be victimized, probably because they tend to take more precautions against victimization.
Insanity - A legal defense that maintains a defendant was incapable of forming criminal intend because he or she suffers from a defect of reason or mental illness. Insanity is a defense to criminal prosecution in which a defendant's state of mind negates criminal responsibility.
As used in U.S. courts, it does not necessarily mean that everyone who suffers from a form of mental illness can be excused from legal responsibility.
The 1970s witnessed many structural changes in police agencies, including increased federal government support for criminal justice
As well in the 1970s, the Law Enforcement Assistance Administration (LEAA) devoted a significant portion of its funds to police agencies and helped thousands of officers further their college education.
Despite its lack of success, the strike did call attention to the ineffectiveness of the police and the need for some form of police professionalism.
At the national level, policing leaders formed the International Association of Chiefs of Police (1893). This organization remains today at the forefront of police professionalism and innovation.
A person could be hired with the right connections despite lack of qualifications. The job was highly desirable because it paid more than most other blue collar jobs.
At the time it was also less physically demanding and there wasn't training and standardized procedures were nearly nonexistent.
Sociobiological theory: It's in their blood " Crime and violence are possibly functions of biochemical abnormality.
Biosocial theorists believe that crime has a biological basis and that elements of the environment interact with biological factors to control and influence behavior.
amount of crime and evidence collected. They have about 1 officer per every 9k citizens. Police departments tasks will vary by police department, where you have less officers, those officers will wear many hats.
But, some of the tasks that all agencies typically perform include, patrol, conduct investigations, promote civil order, maintaining a sense of community, apprehending offenders, and many other functions.
Cohort data find that career criminals begin offending early in life and instead of aging out of crime, continue to commit crimes in adulthood.
Career patterns: The chronic offender " There are people who enter into a life of crime early in adolescence and maintain a high rate of criminal violations throughout their life span.
Comments on the factors that influence crime rates.
Changes in the crime rate have been attributed to social factors, including the age structure of society. Crime rate increases have been tied to substance abuse levels.
Turmoil and crisis were the hallmarks of policing in the 1960s and the Supreme Court handed down a number of decisions designed to control police operations and procedures. "
Civil unrest produced growing tension between the police and the public, and there was a rapidly growing crime rate.
Strain theory - Suggests that crime is a function of the conflict between the goals people have and the means they can use to obtain them legally
Combines elements of strain and social disorganization theory Cultural deviance theory
Know the various crime patterns.
Crime occurs more often in large cities during the summer and at night. Some geographic areas, the south and west. have higher crime rates than others, the Midwest and new England.
Recognize the trends in the crime rate.
Crime peaked in the 1930's and declines afterwards. In the 1960's, crime rates began a rapid increase for almost 30 years.
Choice theory: Because they want to " Suggests that people choose to commit crime after weighing potential benefits and consequences of a criminal act.
Crimes are events that occur when offenders decide to risk crime after considering personal needs, situational factors, and legal factors.
Be familiar with international crime trends and how the United States compare to other nations.
Crimes rates have traditionally been higher in the United States than abroad. In recent years, crime rates have been climbing overseas while declining in the united states.
The criminal justice system is society's instrument of social control. o The criminal justice system responds to dangerous behavior.
Criminal justice agencies apprehend, adjudicate and sanction law breakers. o The criminal justice system resides in every branch (executive, judicial, and legislative) of government.
Distinguish among the various views of crime causation.
Diverse schools of criminological theory approach the understanding of the cause of crime and its consequences. Some theories focus on the individual, whereas others view social factors as the most important element in producing crime
In the 19th century, big city police were still not respected by the public, were unsuccessful in their role as crime stoppers, and were not involved in progressive activities.
Due to urban mob violence that wracked the nation's cities, major cities developed the first formal police departments. They replaced the night watch system, who were often corrupt. Politics dominated the departments.
Analyze the problems of early police agencies.
Early American Police were viewed as being dominated by political bosses who controlled their hiring practices and policies.
Most officers patrolled on foot without backup or the ability to call for help. They has little training, no education and a minimum of supervision, yet the police became virtual judges of law and fact with the ability to exercise unlimited discretion.
Early police agencies, not unlike contemporary police agencies, were quick to adapt emerging technologies to police work.
Crimes rates may be spiraling upward in nations undergoing rapid changes in their social and economic makeup. It is almost impossible to predict crime trends because the conditions that allow crime to happen are not possible to predict.
Economic change creates different motivations for criminal activity. Population demographics change and create new types of victims, like an aging population will see an increase in elder crime.
Entrapment- Defendants can claim their criminal activity was justified because law enforcement agents used traps, decoys, and deception to induce criminal action.
Entrapment occurs when the police instigate the crime, implant criminal ideas, and coerce individuals into bringing about crime.
They has little training, no education and a minimum of supervision, yet the police became virtual judges of law and fact with the ability to exercise unlimited discretion. Early police agencies, not unlike contemporary police agencies, were quick to adapt emerging technologies to police work. Technological advances in communications and transportation were viewed as particularly helpful. After the Civil War the police began focusing more attention on crime fighting and less on order maintenance. Even so, most police agencies were essentially enforcers for the dominant political parties. This political influence over policing would remain dominant until into the early part of the 20th Century. Early police agencies " Born out of urban mob violence " Boston created first formal U.S. police department in 1838. " Early police agencies were corrupt, brutal, and inefficient. " Initially, urban police departments inherited the functions of the institutions they replaced. " Policing was a highly desirable job in late 19th century and paid more than most blue-collar jobs. " Police were regarded as incompetent and corrupt during the 19th century and disliked by the public. " The police role was only minimally directed at law enforcement. " The first technological breakthroughs in police operations came in the area of communications.
Even so, most police agencies were essentially enforcers for the dominant political parties.
Crimes such as murder, burglary, arson, and rape are referred to as mala in se - inherently evil and depraved. Mala prohibitum described crimes that reflected existing social and economic conditions.
Eventually this system evolved into a common law of the country that incorporated local custom and practice into a national code.
Defendants may deny the actus reus by arguing that they were falsely accused and the real culprit has yet to be identified. Defendant may also claim that even though they did engage in the criminal act they are accused of, they should be excused because they lacked mens rea.
Excuses refer to situations in which the criminal defendants admit to performing the physical act of the crime but claim they are not responsible for it because they lacked free will. It is not their fault they claim. Can be an excuse if it negates an element of a crime
Most searches are warrantless based on plain view, exigent circumstances and even consent. Some searches (vehicle inventory search upon impoundment and searches incident to a lawful arrest) are actually required by law.
Failure to abide by the rules of search and seizure will render evidence inadmissible under the exclusionary rule. Any evidence obtained in violation of the Fourth Amendment is excluded from use. It is as if it never existed.
Many of these maintain large crime laboratories to assist local agencies. The other half of state police agencies have a limited jurisdiction to enforcing rural traffic (Highway Patrol).Today there are 93,000 state police employees, 61,000 of which are sworn officers.
Following the 9/11 terrorist attacks many state police agencies, particular in border states, expanded their role and included homeland security duties. Their homeland security functions are: Prevent, Protect, Prepare.
Because of their unique position with large numbers of residents metropolitan police agencies are playing an increasingly important role in homeland security.
Gathering information about possible terrorist activities and terrorist; Sharing intelligence information with other agencies.; Developing contingency plans for addressing terrorist attacks
The Boston Police Strike in 1919 called attention to the need for police reform.; " Strike was based on the police officers dis-satisfaction with their role in society; " Their pay was lagging ; " The Boston police officers attempted to unionize.
Governor Calvin Coolidge mobilized the state militia. The striking officers were fired and replaced with new recruits. Public support turned against the police. The nature and importance of police work did not seem to be consistent with the right to strike.
Two police chiefs emerged as dominant forces for change: August Vollmer - Chief of Berkley (CA) Police Department-Encouraged the police to require university training;
Helped develop the School of criminology; Led efforts toward the use of science in crime detection; Argued for standardized training; Vollmers diciples includes O.W. Wilson
Bail is a money bond put up by the accused to attain freedom between arrest and trial. This bond assures the defendant will show up at trial, otherwise the bail will be forfeited.
Higher bail amounts, and even no bail, is allowed for serious crimes or when the defendant is likely to flee the jurisdiction of the court prior to trial.
.Henry Fielding, Saunders Welch & John Fielding sought to clean up the thief taking system. Henry was appointed a city magistrate in 1748 & operated his own group of profit making police out of Bow Street in London.
His agents were carefully trained, controlled & exercised only legitimate powers. They eventually became known as the Bow Street Runners
A third form of information is self-reporting surveys, which ask offenders themselves to tell about their criminal behaviors.
Historically, the UCR collects two primary statistics: The number of crimes reported to the police. The number of crimes cleared by arrest.
which limit and control the manner in which the federal government operates the justice system. Fourth Amendment - bars illegal search and seizure. Searches are allowed but only under certain circumstances. protections of the Bill of Rights are applicable to state law. Prior to this a state could essentially ignore the federal Constitution and create its own criminal justice system. The Fourteenth Amendment was designed to make civil liberties apply to all citizens or residents regardless of what state they lived in.
Ideally, before a police officer initiates a search the officer must obtain a warrant from an impartial magistrate. This requires the officer to present evidence (probable cause) that the suspect is in possession of items that could be evidence of a crime.
Ignorance or mistake - a claim that either their actions were a mistake or that they were unaware, ignorant of the fact that their behavior is a crime. EX: Not knowing that they have entered private property when accused of trespassing.
Ignorance of the law is not a general excuse. A mistake of fact would be an inadvertent act. For example, mistakenly taking somebody else's coat that is very similar or identical to yours would not constitute theft.
Drug Use - Some drug use, like crack cocaine, and crime are highly correlated. Increases in drug trafficking can result in an increase in crime among traffickers. Media -
There is some evidence that constant exposure to highly violent behaviors through the media can desensitize potential offenders.
Self-Report Surveys " Employed as an alternative to official statistics " Allow participants to reveal information about their violations; Most have focused on juvenile delinquency and youth crime "
Indicate that the number of people who break the law is far greater than number projected by official statistics - "dark figure of crime"
Sixth Amendment - guarantees the defendant a speedy trial by an impartial jury, that he or she will be informed of the charges, and the right to confront witnesses that testify against him or her.
It also requires the state to provide an attorney if the defendant cannot afford one. Over time this has been revised, by judicial ruling, to require legal representation for all defendants accused of a serious crime that could result in a long jail or prison term. Eighth Amendment - prohibits excessive bail, fines and cruel or unusual punishment.
For an act to constitute a crime, it must be done with deliberate purpose or criminal intent or mens rea. Actus reus is an illegal act.
It can be an affirmative act, such as taking money or shooting someone, or a failure to act, such as failing to take proper precautions while driving a car. Mens rea is a guilty mind. The mental elements of a crime or intent
Understand the ethical issues involved in criminal justice.
It is sometimes difficult to determine what is fair and just and to balance it with the need to protect the public. Ethics today is an especially important topic considering the power granted to those in control. T
Medical Technology - If access to health care like particular trauma care, increases or improves then the murder rate may go down.
Justice Policy - Some experts believe that aggressive policing, quality of life enforcement and increased penalties, like three strikes, reduce the incidence of crime.
community without having to do time in prison. For every 1000 crimes, about 20 people are sent to prison.
Key Points: " The Criminal Justice Assembly Line o Some view the criminal justice process as an assembly line in a factory. " Conveyer belt
Concerns about police corruption led to the creation of citizen oversight boards to control the police and remove them from political influence. The citizens however lacked expertise in the complexities of police work.
Late 1800's state legislatures removed control of the police from local governments. It was not until the first decades of the twentieth century that cities regained control of their police forces.
However, all too often these agencies act independently from one another. The principal components of the criminal justice system are;
Law enforcement agencies that investigate crimes and apprehend suspects, Court agencies that conduct trials and sentence offenders,
The early "bobbies" suffered some of the same problems as previous policing agencies. Corruption-constant problem & unsuccessful at stopping crime.
Law enforcement in colonial America parallel the British model. In the colonies, the county sheriff became the most important law enforcement agent, they were the original paid law enforcement officers. They were primarily reactionary meaning that they responded to calls for assistance but did not proactively seek to prevent crime.
Mala in se - a term that refers to an act that society considers inherently evil like murder and rape, that violate the basic principles of Judeo-Christian morality.
Mala prohibitum - crimes that are created by legislative bodies that reflect the prevailing moral belief
Self-defense- The defendant must have acted under a reasonable belief that he/she was in danger of death or great harm and had no means of escape from the assailant.
May only use such force as is reasonably necessary to prevent personal harm. Danger to the defendant must be immediate.
The first use of the term "criminal justice system" occurred in the American Bar Foundation's report, to describe the view that justice agencies could be connected in an intricate yet often unobserved network of decision making processes.
Modern era of justice can be traced to a series of research projects that begun in the 1950s. It is important to recall the historical context associated with the President's Commission on Law.
Interactionist view " Criminal law is structured to reflect preferences and opinions of people who hold social power in a particular legal jurisdiction.
Moral entrepreneurs wage campaigns to control behaviors that they view as immoral and wrong.
The 1970s also brought technological innovations which transformed record-keeping, crime investigation, and communication.
More women and minorities were recruited to police work during the 1970s.
Summarize the differences among state, county, and local law enforcement.
Most states maintain state police agencies, who investigate crimes and patrol the roadways. County level law enforcement is provided by sheriffs departments, who run jails and patrol rural areas. Local police agencies engage in patrol, investigate, and traffic functions, as well as many support activities.
The National Crime Victimization Survey (NCVS) Asks crime victims about their encounters with criminals; Most important and widely used victim survey; sponsored by the Bureau of Justice Statistics
NCVS-National samples of housing units, selected using a complex, multistage sampling technique, interviews those 12 or older.
Duress - Defendants must show they have been forced into committing a crime in order to prevent death or serious harm to self or others.
Necessity - Such a defense must show that considering the circumstances and conditions at the time the crime occurred, the defendant could not have behaved in any other fashion.
Be familiar with the basic component agencies of criminal justice.
On an ideal level, the criminal justice system functions as a cooperative effort among the primary agencies, the police, courts, and corrections.
Understand the concept of the criminal career.
One of the most important findings in the crime statistics is the existence of the chronic offender. The data show that repeat, career criminals are responsible for a significant amount of all law violations.
County- Today's sheriff's offices contain about 350,000 full times employees including about 183000 sworn personnel. In some jurisdictions, sheriff's offices provide basic law enforcement services such as performing routine patrols, responding to citizens calls for service and investigating crimes.
Other standard tasks of a typical sheriff's department are serving civil process, like summons and court orders, providing court security, and operating the county jail. Less commonly sheriff's departments may serve
Others have ben decriminalized or legalized, such as sodomy. In some cases, such as distributing medical marijuana, states may legalize acts that are still banned by federal law.
Physician-Assisted Suicide -The need for laws to prohibit or allow under certain conditions physician assisted suicide became known when Dr. Jack Kevorkian began practicing assisted suicide.
Police departments began to embrace new forms of policing that stressed cooperation with the community and problem solving. During the 1960's the U.S. Supreme Court handed down several decisions that appeared to control the police.
Police officers were now required to follow strict guidelines when questioning suspects, conducting searches, and wiretapping, among other duties. Miranda, Terry, etc..
Summarize Characteristics of the first law enforcement agencies.
Private police, thief takers, were universally corrupt. Legitimately earned money by catching thieves & returning stolen property to victims. Illegitimately earned money by receiving stolen property, theft, perjury & blackmail.
Substantive due process refers to the citizen's right to be protected from criminal laws that may be biased, discriminatory, and otherwise unfair.
Procedural due process seeks to ensure that no person will be deprived of life, liberty, or property without proper and legal criminal process.
in the 80's, police unions continued to have a great impact on departmental admin, state & local budgets were cut during the
Reagan administration, police-community relations continued to be major problem, and riots and urban conflict triggered concern about what the role of police should be.
Discuss how reformers attempted to create professional police agencies.
Reform movements begun in the 1920's culminated in the concept of professionalism. Police professionalism was interpreted to mean tough, rule-oriented police work featuring advanced technology and hardware. The view that these measures would quickly reduce crime proved incorrect.
Ethics and the court process o Prosecutors have roles that sometimes conflict " Representing the people "
Representing the court. " Ethics and corrections o Corrections workers have significant coercive and punitive power of incarcerated offenders.
After Norman Conquest, royal judges would decide what to do in each case, using custom and rules of conduct as a guide in a system known as stare decisis, latin for "to stand by decided cases".
Royal judges began to publish their decisions in local cases, use these written decisions as a basis for decision making, and eventually produced a fixed body of legal rules and principles.
However, less serious cases are often settled when a bargain is reached between the prosecution and the defense.
Samuel Walker describes the informal criminal justice process as a four-layer cake.
Customs and Border Protection - The federal agency responsible for control and protection of America's borders and ports of entry. Its first priority is keeping terrorists and their weapons out of the United States.
Secret Service - Performs two main functions - protection of the president, vice president, president and vice president elect, other national leaders and visiting heads of state. Also Secret Service agents investigate counterfeiting of American currency, related fraud, false identification documents and other criminal activities.
Many crime victims also do not report criminal incidents to the police because they believe that nothing can be done or that they should not get involved.
Self-reports depend on the accuracy of respondents, many of whom are drug users. While imperfect, the crime patterns found in all three data sources may be more similar than some critics believe.
Thus there are a number of different perspectives on criminal justice today, ranging from the most conservative, crime control, to the most liberal, restorative justice.
Significant debate continues over the actual meaning of criminal justice and how the problem of crime should be approached. Advocates of each view attempt to promote their vision of what justice is about and how it should be. No single view is the right or correct one. You will need to be familiar with the various perspectives.
Discuss the development of law enforcement in the United States.
Sir Robert Peel worked diligently to organize a highly ethical police force. The metropolitan Police Act established the first organized police force in London. Composed of over 1k men, they were known as "bobbies" after its creator.
According to social learning theory, criminal behavior is learned through interaction with others.
Social structure theory: Because they're poor " Suggests there is an economic bias in the crime rate; The burden of urban poverty results in the development of a culture of poverty.
Know what is meant by the term criminal justice assembly line.
Some experts believe that the justice system processes cases in a routine, ritualized manner resembling an assembly line. Because justice is often dispensed in a hasty fashion,
Certain statutory offenses exists in which mens rea is not essential. These offenses fall into a category known as public safety or strict liability crimes.
Some traffic offenses may be strict liability crimes. In many places, it doesn't matter whether the driver knew she went over the speed limit-the plain fact that she did typically justifies a conviction.
use the bathroom on your own or recognize any of your own family members, etc. (that was my mother)
Stalking ─ More than 25 states have stalking statutes which prohibit the malicious and repeated following and harassing of an individual.
Arrest data indicate that males, minorities, the poor, and the young have relatively high arrest rates. Victims of crime also tend to be poor, young, male, and members of minority groups.
Studying crime patterns enables us to understand where crime occurs, who commits crime and why the violate the law. There are some enduring stable patterns.
Social disorganization theory A socially disorganized area is characterized by broken institutions of social control.
Such areas experience high unemployment and school dropout rates, deteriorated housing, low income level, and large numbers of single-parent households which leads to gang development and involvement.
Explain the role of technology in police work.
Technology is used to increase the effectiveness of policing. Most police departments rely on advanced computer based technology to prevent and control crime, identify suspects and collate evidence.
The Drug Enforcement Administration - The federal agency that enforces federal drug control laws. DEA agents assist local and state authorities in investigating illegal drug use and carrying out independent surveillance and enforcement activities to control the importation of narcotics.
The Bureau of Alcohol, Tobacco, Firearms and Explosives - The federal agency with jurisdiction over the illegal sale, importation, and criminal use of firearms and explosives and the distribution of untaxed liquor and cigarettes. The AFT helps control sales of untaxed liquor and cigarettes and through the Gun control Act of 1968 and the Organized Crime Control Act of 1970, has jurisdiction over the illegal sale, importation and criminal misuse of firearms and explosives.
Discuss the sources of the criminal law.
The Constitution has been interpreted to forbid any criminal law that violates a person's right to be treated fairly and equally. This is known as substantive due process.
When a new law is created the legislature must demonstrate that there is a compelling state interest in controlling the behavior. Criminal laws that are to vague are often ruled unconstitutional.
The Constitution prohibits Bills of Attainder, which are legislative acts that inflict punishment without a judicial trial, due process. The Constitution prohibits ex post facto laws, which are laws that would make acts committed prior to the enactment of the law illegal.
The U.S. Marshals Service - The US marshals Service is Americas oldest federal law enforcement agency and one of the most versatile. The federal agency whose jurisdiction includes protecting federal officials, transporting criminal defendants, and tracking down fugitives.
The Department of Homeland Security - The federal agency responsible for preventing terrorist attacks within the United States, reducing America's vulnerability to terrorism, and minimizing the damage and assisting in recovery from attacks that do occur. They provide intelligence analysis and infrastructure protection, strengthening the borders, improving the use of science and technology to counter weapons of mass destructions and creating comprehensive response and recovery division. The two main law enforcement agencies housed within the DHS are the CBP and secret service.
Be familiar with the major federal law enforcement agencies.
The Federal Bureau of Investigation - The arm of the U.S. Justice Department that investigates violations of federal law, seeks to protect Americans from terrorist attacks, gathers crime statistics, runs a comprehensive crime laboratory, and helps train local law enforcement officers. The FBI is an investigative agency with jurisdiction over all matters in which the United States is or may be an interested party. It is charged with coordinating intelligence collection with Border Patrol, the Secret Service and the CIA.
The Court went so far as to specify exactly what the police must inform a person of during a custodial interrogation. These are the now familiar Miranda Rights.
The Fifth Amendment also guarantees defendant's the right to a grand jury hearing and protects defendants from being tried for the same crime twice "double jeopardy." This Amendment, along with the 14th Amendment, demonstrates the concept of due process or fundamental fairness in criminal proceedings.
protections of the Bill of Rights are applicable to state law. Prior to this a state could essentially ignore the federal Constitution and create its own criminal justice system.
The Fourteenth Amendment was designed to make civil liberties apply to all citizens or residents regardless of what state they lived in.
Enforcement and Administration of Justice was appointed by President Johnson in 1967. Passage of the Safe Streets and Crime Control Act of 1968 helped launch massive campaign to restructure criminal justice system.
The Law Enforcement Assistance Administration (LEAA) provided funding for actual research on criminal justice issues. Eventually the LEAA was defunded and later became the Bureau of Justice Assistance. Support for criminal justice research from the federal government continues today.
Much of what we know about police systems and practices today came from this era.
The Law Enforcement Educational Program enabled officers to pursue degrees in higher education. Many of the Criminal Justice Departments at universities began during this period.
The end of the Vietnam war reduced tensions between students and the police. Following a series of embarrassing events the federal government interjected itself into local policing.
The U.S. Law Enforcement Assistance Administration was formed in the late 1960's to provide assistance and research funds for the benefit of local agencies.
It is the job of the Supreme Court to interpret the constitution and set limits on government behavior-for example, limiting the ability of the police in their searching, questioning and punishing those suspected of crime.
The United States Constitution was written at a time that is very different than contemporary society. The framers could not have possibly foreseen the challenges facing today's criminal justice system and the larger society
List the elements of due process law.
The concept of due process is found in both the 5th and 14th amendments. Due process has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system.
Due process simply means fundamental fairness. It is a set of rules and procedures that are designed to insure that the criminal process is fair and unbiased.
The concept of due process, the 5th and 14th Amendments, have been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system.
Comprehend the size and scope of the contemporary justice system.
The contemporary criminal justice system in the United States is monumental in Size. It now costs federal, state, and local governments more than $200 billion per year for civil and criminal justice.
Trace the formal criminal justice process.
The criminal justice process consists of the actual steps the offender takes from the initial investigation through trial, sentencing and appeal. The justice process contains 15 stages, each of which is a decision point through which cases flow. Each of these decisions can have a critical effect on the defendant the justice system and society. The fifteen steps in the formal criminal justice system.
Criminological theories attempt to explain why crime happens. There are dozens of alternative theories, but none of them can explain all crime in every possible situation.
The diversity of criminological theories depends largely on the perspective through which the researcher views reality. Some criminologists: view crime as a social phenomenon and study the social and economic factors that influence human behavior. " " Social process theory: Socialized to crime " People commit crime as a result of experiences they have while being socialized by various organizations, institutions, and processes of society. " Links family problems to crime as evidence that socialization, not social structure, is the key to understanding the onset of crime. " Educational experiences have a significant impact on criminality. " Has several independent branch Conflict Theory " Views the economic and political forces in society as fundamental causes of criminality " Radical feminist theory is an important aspect of conflict theory and views female crime as originating with the onset of male supremacy, subsequent subordination of women, male aggression, and efforts of men to control women sexually. Developmental theory: Life is a bumpy road " Maintains that because transition from one stage of life to another can be a bumpy ride, propensity to commit crimes is neither stable nor constant; it is a developmental process. " Disruptions in life's major transitions can be destructive and can promote criminality. " As people mature, the factors that influence their behavior change.
The conflict view states that criminal behavior is defined in such a way that economically powerful groups can retain their control over society.
The interactionist view portrays criminal behavior as a relativistic, constantly changing concept that reflects society's current moral values.
Know about the role the Supreme Court plays in interpreting the Constitution and shaping procedural laws.
The law of criminal procedure consists of the rules and procedures that govern the pretrial and processing of criminal suspects and the conduct of criminal trials.
Know the similarities and differences between criminal and civil law.
The law today can generally be divided into four broad categories. Substantive criminal law defines crimes and their punishments. Procedural law sets out the basic rules of practice in the criminal justice system. Civil law governs relations between private parties, including both individuals and organizations, such as business enterprises and or corporations. Administrative or public law controls the behavior of government agencies.
Furthermore, any evidence obtained subsequent to illegally obtained evidence is tainted under the fruits of the poisonous tree doctrine and cannot be used in trial. Fifth Amendment - Limits the admissibility (in court) of confessions obtained unfairly.
The leading case here is Miranda v. Arizona (1966). The U.S. Supreme Court held that a person accused of a crime has a right to refuse to answer questions.
Describe the role of the Bill of Rights in shaping criminal procedure.
The main source of the procedural law is the body of the Constitution and the first 10 amendments-the bill of rights-added to the constitution on December 15, 1791. Of the Primary concern are the fourth, fifth sixth, and eighth amendments,
" The opportunity to present one's own witnesses " A decision made on the basis of substantial evidence and facts produced at the hearing " A written statement of the reasons for the decision ' An appellate review procedure
The meaning of due process depends on the facts of the case, the federal and state constitutional and statutory provisions, previous court decisions, and the ideas and principles that society considers important at a given time and in a given place.
Urbanization in Eastern cities produced large and deadly urban gangs. They produced a sense of lawlessness and caused a public outcry. In response, local governments created the first justice agencies, Boston, New York, and Philadelphia police departments were formed.
The penitentiary system was created to provide nonphysical correctional treatment for convicted offenders.
" Justice personnel function in an environment where moral ambiguity is the norm. " Enormous power is granted to criminal justice employees. " Justice employees often have considerable discretion in decision making.
The police have a unique ethical perspective. The vast majority of individuals that enter the criminal justice system do so through a police/citizen contact. If a police officer decides to take action then a case is born. If not then a case is seldom initiated.
For the state to prove a crime occurred, and that the defendant committed it, the prosecutor must show that the accused engaged in the guilty act, actus reus, and had the intent to commit the act, mens rea.
The relationship of mens rea and actus reus - For a crime to occur, the law requires a connection between the mens rea and actus reas thereby showing the offender's conduct was the proximate cause of the criminal act.
Be familiar with the various perspectives on justice.
The role of the criminal justice system can be interpreted in many ways. People who study the field or work in its agencies bring their own ideas and feelings to bear when they try to decide on the right course of action to take or recommend.
an innocent person may suffer a false accusation while a dangerous individual may be released to continue to prey upon society.
The system acts as a "funnel" : most people who commit crime escape detection, and of those who do not, relatively few are bound over for trial, convicted,
Be able to define the concept of a criminal justice system. "
The term criminal justice refers to both the agencies that dispense justice and the process in which justice is carried out. It is assumed that these agencies work in concert to protect society and dispense fair and equal justice.
Discuss the strengths and weaknesses of crime measures.
The validity of the UCR has been suspect because many people fail to report crime to police because of fear, apathy, or lack of respect for law enforcement.
This legal perspective argues that the law should provide retaliation for the harmed party, but that retaliation should be fit the seriousness of the crime. An eye for an eye. A tooth for a tooth. The Mosaic Code of the Israelites the Ten commandments. contains prohibitions against theft, violence and perjury.
These laws remain part of modern criminal codes. In the middle ages, societies developed legal systems featuring monetary compensation, called wergild.The Werglid system was developed for criminal violations after the Dark Ages.
Developmental theories integrate variables at the social, individual and societal levels. The crime statistics available to use inform us of crime and victimization patterns.
This information does help in preventing future criminal acts and victimizations. Unfortunately, these numbers do not tell us why people commit crime.
Define the term "strict liability."
Thought alone is not a crime. For a person to be considered to have committed a crime, some act is required to prove her or his willingness to cause harm.
The system is massive because it must process, treat, and care for millions of people. As a result, the system now employs more than 2 million people.
Today more than 7 million people are under some form of correctional supervision. 2 million of these are in jails or prisons. 5 million of these are on probation of parole.
Age - the law holds that a child is not criminal responsible for actions committed below the age when he or she cannot fully realize the gravity of certain behaviors.
Under common law there is a conclusive presumption of incapacitation for a child under age 7. Today under state statues this age has changed and may be as high as 14 years of age in some states
Strengths of the NCVS: Contains unreported crime. Contains physical characteristics of the victims.
Weaknesses of the NCVS: National crime data and trends are based on an estimate from a sample. Does not include data on important crimes like homicide and drug offenses
Strengths of the UCR: Carefully calculated statistics on actual, reported crimes and number of arrests. Collects data on homicides, not collected by the other two measures.
Weaknesses of the UCR: The victims of some crimes, like sexual assault, petty theft, etc. are less willing to report to the police department. There are reporting inconsistencies between police agencies.
Discuss the formation of the criminal justice system in America.
Westward expansion included an increase in crime like cattle rustling, train robbing and land wars. This era produced numerous legendary law enforcement officers; Wyatt Earp, and infamous law breakers; Billy the Kid.
Men are much more likely than women to be victims of robbery, theft and aggravated assault. Females are more likely to be victims of sexual assault, however thousands of men are sexually assaulted every year.
When men are victims of violent crime the perpetrator is usually a stranger. When women are victims of violent crime the perpetrator is usually an acquaintance. Young people below the age of 25 are far more likely to be victimized.
Be able to discuss excuses and justification defenses for crime.
When people defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accused.
The process is not objective, but nothing in criminal justice ever is. It is however, surprisingly consistent. It has to be. Criminal justice actors use judicial decisions to make policy decisions.
When there is doubt about the Court's interpretation it can cause confusion in criminal justice decision making.
Legalizing Marijuana-26 states have legalized the use of marijuana and 8 states have legalized the use of marijuana for medical purposes
While legalization of marijuana and of medical marijuana has strong public support the federal government still criminalizes us of any marijuana, and federal agents can arrest users even if they have prescriptions.
While unemployment does not influence crimes rates in the short term, long periods of economic decline may promote crime trends have been linked to increase
abortion: crime began to decline 18 years after abortions became legal. Criminal justice policy may also have an influence on crime rates. The study of crime trends is not new.
Gun Availability - The correlation between the availability of guns and crime is difficult to establish and controversial to discuss. Mental Health Treatment Availability - The correlation between the availability of mental health treatment
and crime is difficult to establish. Gangs - There is some evidence that an increase in gang membership results in an increase of crime, however this trend appears to highly localized.
Ethical behavior is particularly important in law enforcement because .Police officers maintain considerable discretion over who to investigate, how the investigation should go,
and how much effort is required. National organizations have produced model codes of conduct that can act as a behavioral guide.
Crime mapping illustrates "hot spots" where a majority of predatory of crimes are concentrated. Already in use but not yet widespread is license plate recognition or LPR technology employs camera and computers software to discern the letters
and numbers of a vehicle license plates and then compares then with records in state and federal databases. Digitizing criminal identification─ The use of computerized imaging systems for criminal identification.
Describe the major changes in law enforcement between 1970 and today.
he police experienced turmoil in the 60's and 70's, which led to reforms such as the hiring of women & members of minority groups. Questions about the effectiveness of law enforcement also led to the development of community policing.
Understand the concept of substantive criminal law and its history.
he roots of the criminal codes used in the United States can be traced to such early legal charters as the Babylonian Code of Hammurabi, This code is based on the legal concept of proportionality or lex talionis.
Violent & property crimes increased dramatically in the 60's. Drug addiction and abuse grew. On may 4, 1970, the Ohio National Guard open fired on students protesting the Vietnam war,
leaving four students dead at Kent State University. This incident tore our nation more over our involvement in the Vietnam war.
Guilt was determined by two methods: Compurgation which involved having the accused person swear an oath of innocence while being backed by a group of 12 oath helpers and Ordeal based on the assumption that a person who is innocent would survive an ordeal,
like placing hands in boiling water or holding a hot iron.
In the 90s, the intellectual caliber of police rose dramatically, standards of police conduct climbed, police became
more diverse in terms of race and gender, and civilian review of police gradually became accepted.
He was convicted in Michigan and served time in prison. 7 states and DC have PAS, and Death with dignity-5 states and DC have death with dignity statutes. Although, PAS and death with dignity are controversial topics, over time,
more people will begin to accept and see that these are peaceful ways to allow people to choose to die vs for example battling cancer for four years and in your last month of life not being able to talk or
" Endless supply of cases " Others view it as a funnel. o Large number of cases entering the system
o For numerous reasons cases exit the process o Leaving only relatively few cases that progress through the entire process.
o Layer I involves celebrated cases , Lindsay Lohan for her inebriated antics and Michael Vick, an NFL star for his dogfighting ring.
o Layer II involves serious felonies, murder rape, robbery, burglary).
o Layer III involves less serious felonies, offenses committed by young or first time offenders, or involves offenders known to one another, domestic violence.
o Layer IV involves misdemeanors, shoplifting, public drunkenness, minor assault. " The smallest number of cases receive the most public attention.
Crime control perspective o Crime control perspective argues that the proper role of the justice system is to prevent crime through judicious use of criminal sanctions.
o Legal technicalities should not help the guilty go free. o Questions the criminal justice system's ability to rehabilitate offenders o The more efficient the system, the greater its effectiveness. " Rehabilitation perspective o Sees the justice system as a means of caring for and treating people who cannot manage themselves o Assumes that people are at the mercy of social, economic, and interpersonal conditions and interactions o Believes government programs can help reduce crime at both a societal and individual level " Due process perspective o Due process proponents argue that the greatest concern of the justice system should be providing fair and equitable treatment to those accused of crime. o Points out that justice system remains an adversarial process o Advocates believe that legal principle of fairness and due process must be upheld. " Nonintervention perspective o Nonintervention advocates believe that justice agencies should limit their intervention with criminal defendants. o Concerned about effect of stigma on criminal suspects o Tries to place limitations on government's ability to control people's lives o Calls for decriminalization and/or legalization of non-serious victimless crimes o Calls for deinstitutionalization o Support pretrial diversion for first offenders " Equal justice perspective o Argues that all people should receive same treatment under the law o Has had considerable influence in molding nation's sentencing policy o Decision making in the justice system must be standardized and structured by rules and regulations. o Advocates the control of individual discretion " Restorative justice perspective o Argues that the true purpose of the criminal justice system is to promote a peaceful and just society o Resolution of conflict between criminal and victim should take place in the community in which it originated. o Goal is to enable offender to appreciate the damage, make amends, and be reintegrated back into society.
" Ethics and law enforcement o Police officers have authority to deprive people of liberty o Police serve as the interface between the power of the state and citizens it governs,
o Most of what happens in policing is done far away from active supervision. Prosecutorial ethics become tested when dual role of prosecutor causes him/her to experience role conflict.
The Eighth Amendment prohibition of cruel and unusual punishment has been used as a means to nullify death sentences, change prison practices, like overcrowding and even amenities that incarcerated
offenders enjoy, like recreational facilities, food, etc. Fourteenth Amendment - Passed after the Civil War, this Amendment is designed to be a conduit through which the
a coroners, tax collectors, overseers of highways and bridges, custodians of the county treasury, and providers of fire, animal control, and emergency medical services. Some sheriffs departments are exclusively law enforcement
oriented; some carry out court related duties only; some are involved solely in correctional and judicial matters and no in law enforcement. However a majority are full service programs that carry out judicial, correctional, and law enforcement activities.
is that more often than not, metro is going to be paid more and have more officers. People apply to metro police departments because it is exciting and the pay is good. Whereas in smaller towns like Spring Hill for instance, where the town is grower faster than the "city council" peoples brains can think,
the police department is not given the budget they need to higher the amount of officers they need for the city, or have headquarters, offices, or evidence rooms that are adequate for the towns size
In the colonies, the county sheriff became the most important law enforcement agent,
they were the original paid LEO. They were primarily reactionary meaning they responded to calls for assistance-did not proactively seek to prevent crime.
Fighting Terrorism-The USA Patriot Act creates new laws and makes changes to 15 existing statutes and aims to give sweeping new powers
to domestic law enforcement and intelligence agencies to fight terrorism.
Local Law Enforcement-At last count 13,000 local police departments nationwide had an estimate 600,000 full time employees, including 460,000 sworn personnel. Metropolitan police departments and rural police department can vary greatly, from the amount of duties performed, to the salary paid,
to the training they receive, or do not receive and whether or not they have to pay for that training. A big difference between metro police, with 2 million population in the city vs. a police department with a population of 50k,
Through digitized plot "line ups" policing can easily search for all suspects having particular characteristics described by the witness/victim. Automated fingerprint identification systems(AFIS), using mathematical codes, AFIS can classify fingerprints and identify
up to 250 characteristics of the print. DNA profiling is a procedure that allows suspects to be identified on the basis of the genetic material found in hair, blood, and other bodily fluids. Digital dental records, are dental records also being digitized for identification purposes.
There are ethical issues facing police, court, and correctional agencies ranging from ethnic and racial profiling to the use of the death penalty. It is sometimes difficult to determine what is fair and just and to balance it
with the need to protect the public. Without ethical decision making, individual civil rights or personal liberties may suffer.
