CJ Exam 1
What are the threats to the validity of NCVS data?
the NCVS may also suffer from some methodological problems. As a result, its findings must be interpreted with caution. Among the potential problems are the following: Overreporting due to victims' misinterpretation of events. A lost wallet may be reported as stolen, or an open door may be viewed as a burglary attempt. Underreporting due to the embarrassment of reporting crime to interviewers, fear of getting in trouble, or simply forgetting an incident. Inability to record the personal criminal activity of those victims interviewed, such as drug use or gambling; murder is also not included, for obvious reasons. Sampling errors, which may produce a group of respondents who do not represent the nation as a whole. Inadequate question format that invalidates responses. Some groups, such as adolescents, may be particularly susceptible to reporting error because of faulty question format. class notes over-reporting due to victims misinterpretation of events under-reporting due to the embarressment of reporting crime to investigators, fear of getting in trouble, or simply forgetting the incident. Inability to record personal criminal activity to the victims Sampling errors inadequate question format
Know the likelihood of intimate violence in general.
there were 702,000 unique child victims in 2014, or 9.4 victims per 1,000 children in the population. Some of them were repeatedly victimized, so the number of distinct victimizations was considerably higher. In about three-quarters of the cases, children suffered neglect, but in the remaining quarter, children suffered either physical abuse, sexual abuse, or both.
What is the primary goal of self-report surveys?
to measure participants' unrecorded and officially unknown participation in criminal activity.
Blacks are victimized at a higher rate than whites?
true
The defense attorney is an officer of the court?
true
What is the dark figure of crime?
unreported crime
Who are the chronic offenders?
chronic offenders As defined by Marvin Wolfgang, Robert Figlio, and Thorsten Sellin, delinquents arrested five or more times before the age of 18, who commit a disproportionate amount of all criminal offenses. In their landmark 1972 study Delinquency in a Birth Cohort, they used official records to follow the criminal careers of a cohort of 9,945 boys born in Philadelphia in 1945 from the time of their birth until they reached 18 years of age in 1963. Official police records were used to identify delinquents. About one-third of the boys (3,475) had some police contact. The remaining two-thirds (6,470) had none. Each delinquent was given a seriousness weight score for every delinquent act.Footnote The weighting of delinquent acts enabled the researchers to differentiate between a simple assault requiring no medical attention for the victim and serious battery in which the victim needed hospitalization. The best-known discovery of Wolfgang and his associates was that of the so-called chronic offender. The cohort data indicated that 54 percent (1,862) of the sample's delinquent youths were repeat offenders, whereas the remaining 46 percent (1,613) were one-time offenders. The repeaters could be further categorized as nonchronic recidivists and chronic recidivists. The former consisted of 1,235 youths who had been arrested more than once but fewer than five times and who made up 35.6 percent of all delinquents. The latter were a group of 627 boys arrested five times or more, who accounted for 18 percent of the delinquents and 6 percent of the total sample of 9,945.
What is the known group method
compares youth who are known to be offenders to those who are not to see whether the former report more delinquency
The three views of crime
consensus view of crime The view that the great majority of citizens agree that certain behaviors must be outlawed or controlled, and that criminal law is designed to protect citizens from social harm. conflict view of crime The view that criminal law is created and enforced by those who hold political and economic power and is a tool used by the ruling class to control dissatisfied have-not members of society. interactionist view of crime The view that criminal law reflects the preferences and opinions of people who hold social power in the society and use their influence to impose their own values and moral code on the rest of the population.
Know and be able to explain the 6 perspectives on criminal justice.
crime control perspective: A model of criminal justice that emphasizes the control of dangerous offenders and the protection of society through harsh punishment as a deterrent to crime.
What view of crime talks about moral entrepreneurs?
interactionist
What is the relationship between crime and age?
younger people commit crime more often than their older peers. Official statistics tell us that young people are arrested at a rate disproportionate to their numbers in the population; victim surveys generate similar findings for crimes in which assailant age can be determined. Youth ages 14 through 17 make up about 6 percent of the total U.S. population, but account for about 15 percent of all arrests. In contrast, adults age 50 and older, who make up slightly less than a third of the population, account for only about 6 percent of all arrests. Even though the number of arrests has been in decline, the peak age for arrest remains the teen years. As a general rule, the peak age for property crime is believed to be 16, and for violence, 18. In contrast, only 7 percent of arrests for serious crimes involve adults over 45. The elderly are particularly resistant to the temptations of crime; they make up more than 14 percent of the population and less than 1 percent of arrests. Elderly males 65 and over are predominantly arrested for alcohol-related matters (such as public drunkenness and drunk driving) and elderly females for larceny (such as shoplifting). The elderly crime rate has remained stable for the past 20 years.Footnote
How much money is spent on civil criminal justice per year?
$260 billion
How did NIBRS improve the UCR?
over 30 states have implemented their NIBRS programs. When this program is fully implemented and adopted across the nation, it should bring about greater uniformity in cross-jurisdictional reporting and improve the accuracy of official crime data. Whether it can capture cases missing from the UCR remains to be seen
What is the relationship between class and crime?
persons from low income household are more likely to be both offenders and victims of violent and property crimes
What are the three branches of the CJ system?
police, courts, corrections
When and where was the first police agency created?
1829, Londen Metropolitan Police, UK
When was NIBRS started?
1982
What is a grand jury?
A group of citizens chosen to hear charges against persons accused of crime and to determine whether there is sufficient evidence to bring those persons to trial.
The Equal Justice Perspective. (6 perspectives on criminal justice.)
A perspective on criminal justice based on the idea that all people should receive the same treatment under the law and should be evaluated on the basis of their current behavior, not on what they have done in the past.
The Due Process Perspective. (6 perspectives on criminal justice.)
A perspective on criminal justice that emphasizes individual rights and constitutional safeguards against arbitrary or unfair judicial or administrative proceedings.
The Nonintervention Perspective. (6 perspectives on criminal justice.)
A perspective on criminal justice that favors the least intrusive treatment possible: decarceration, diversion, and decriminalization.
The Rehabilitation Perspective. (6 perspectives on criminal justice.)
A perspective on criminal justice that sees crime as an expression of frustration and anger created by social inequality that can be controlled by giving people the means to improve their lifestyles through conventional endeavors.
The Restorative Justice Perspective. (6 perspectives on criminal justice.)
A perspective on criminal justice that sees the main goal of the criminal justice system as making a systematic response to wrongdoing that emphasizes healing victims, offenders, and communities wounded by crime. It stresses peacemaking, not punishment.
What are self-report studies?
A research approach that questions large groups of subjects, such as high school students, about their own participation in delinquent or criminal acts.
What is social control?
A society's ability to control individual behavior in order to serve the best interests and welfare of the society as a whole.
What is the courtroom workgroup? What do they do? Who is involved?
A term used to imply that all parties in the justice process work together in a cooperative effort to settle cases efficiently rather than to engage in a true adversarial procedure
What are the general trends for property and violent crimes?
About 1.2 million violent crimes are now being reported to the police each year, a rate of around 365 per 100,000 Americans. Violent crime did increase, however, about 0.7 percent between 2011 and 2012, and there is some evidence that it could be increasing again, so we will need to keep watching the numbers to get a sense of whether that is the start of a trend. Unfortunately, it takes a while to tally crime statistics; usually there is a lag of two years for estimating national trends. The property crime rate—including burglary, larceny, motor vehicle theft, and arson—has also been in decline, dropping more than 30 percent from 1995 to 2014. At its peak, in 1991, about 13 million property crimes were reported, a rate of almost 5,000 per 100,000 citizens. Currently, about 8 million property crimes are reported annually to police, a rate of about 2,600 per 100,000 population. Property crimes thus far outnumber violent crimes. An interesting question about property crime is whether it is decline or whether it is being supplanted by other types of crime. The Criminal Justice and Technology box tackles this issue.
About how many property and violent crimes occur each year on average?
According to the FBI, property crimes outnumber violent crimes by a margin of approximately seven to one. They also cost America billions of dollars each year.
Do victimization trends look different from official data?
According to the latest NCVS survey, U.S. residents age 12 or older experienced about 5.4 million violent and 15.3 million property victimizations.Footnote The NCVS data show that criminal victimizations declined significantly between the 1990s and 2010, when the trend reversed. In 2012, for the second year, violent and property crime victimizations increased, but then they dropped through 2014. Figure 2.2 shows trends in violent and property crime victimization over the past several years. Note the 2012 uptick, then the subsequent decline. Also, look past the year-to-year trends and note how victimizations in 2014 were far less common than they were 20 years earlier.
In 2014, how many children were abused per 1,000?
According to the latest data, there were 702,000 unique child victims in 2014, or 9.4 victims per 1,000 children in the population.
Plea Bargaining. (the 15 formal criminal justice process)
After an arraignment, if not before, the defense and prosecution discuss a possible guilty plea in exchange for reducing or dropping some of the charges or agreeing to a request for a more lenient sentence or some other consideration, such as placement in a treatment facility rather than a maximum-security prison. It is generally accepted that almost 90 percent of all cases end in a plea bargain, rather than a criminal trial.
Custody. (the 15 formal criminal justice process)
After an arrest and while the suspect is being detained, the police may wish to search for evidence, conduct an interrogation, or even encourage a confession. Witnesses may be brought to view the suspect in a lineup or in a one-on-one confrontation. Because these procedures are so crucial and can have a great impact at trial, the U.S. Supreme Court has granted suspects in police custody protection from the unconstitutional abuse of police power, such as illegal searches and intimidating interrogations. If a suspect who is under arrest is to be questioned about her involvement in or knowledge of a crime, the police must advise her of her right to remain silent and inform her that she is under no obligation to answer questions. Furthermore, recognizing that the police can take advantage of or exploit the suspect's psychological distress, the Court has ordered interrogating officers to advise the suspect that she is entitled to have a lawyer present and that the state will provide one at no charge if she cannot afford legal services.
Appeal/Postconviction Remedies. (the 15 formal criminal justice process)
After conviction, the defense can ask the trial judge to set aside the jury's verdict because the jury has made a mistake of law, such as misinterpreting the judge's instructions or convicting on a charge that was not supported by the evidence. Failing that, the defendant may file an appeal if, after conviction, she believes that her constitutional rights were violated by errors in the trial process. Appellate courts review such issues as whether evidence was used properly, whether the judge conducted the trial in an approved fashion, whether jury selection was properly done, and whether the attorneys in the case acted appropriately. If the court finds that the appeal has merit, it can rule that the defendant be given a new trial or, in some instances, order her outright release.
Correctional Treatment. (the 15 formal criminal justice process)
After sentencing, the offender is placed within the jurisdiction of state or federal correctional authorities. The offender may serve a probationary term, be placed in a community correctional facility, serve a term in a county jail, or be housed in a prison. During this stage of the criminal justice process, the offender may be asked to participate in rehabilitation programs designed to help her make a successful readjustment to society.
Postrelease. (the 15 formal criminal justice process)
After termination of their correctional treatment, offenders may be asked to spend some time in a community correctional center, which acts as a bridge between a secure treatment facility and absolute freedom. Offenders may find that their conviction has cost them some personal privileges, such as the right to hold certain kinds of employment. These may be returned by court order once the offenders have proved their trustworthiness and willingness to abide by society's rules.
Level 3 of the wedding cake model of justice.
Although they can also be felonies, crimes that fall in the third layer of the wedding cake are less serious offenses committed by young or first-time offenders or involving people who knew each other or were otherwise related: An inebriated teenager committed a burglary and netted $50; the rape victim had gone on a few dates with her assailant before he attacked her; the robbery involved members of rival gangs and no weapons; the assault was the result of a personal dispute, and there is some question about who hit whom first. Agents of the criminal justice system relegate these cases to the third level because they see them as less important and less deserving of attention. Level III crimes may be dealt with by an outright dismissal, a plea bargain, reduction in charges, or (most typically) a probationary sentence or intermediate sanction, such as victim restitution.
Arrest. (the 15 formal criminal justice process)
An arrest is considered legal when all of the following conditions exist: The police officer believes there is sufficient evidence, referred to as "probable cause," that a crime is being or has been committed and that the suspect is the person who committed the illegal act. The officer deprives the individual of freedom. The suspect believes that he is now in the custody of the police and has lost his liberty. The police officer is not required to use the word "arrest" or any similar term to initiate an arrest, nor does the officer have to handcuff or restrain the suspect or bring him to the police station.
What is the benefit of using plea bargains in the courtroom work group model?
An expedited solution to a criminal case can be reached that satisfies the prosecution, defense, and court personnel.
Investigation. (the 15 formal criminal justice process)
An investigation can take just a few minutes, as when a police officer sees a crime in progress and apprehends the suspect quickly. Or it can take many years and involve hundreds of law enforcement agents. During the investigative stage, police officers gather information in an effort to identify the perpetrator of a crime, understand the perpetrator's methods and motives, and determine whether the crime was an individual event or one of many similar crimes committed by a single individual. Gathering information means engaging in such activities as interviewing victims and witnesses at the crime scene, canvassing the neighborhood to locate additional witnesses, securing the crime scene, and then conducting a thorough search for physical evidence, such as weapons, fluids, and fingerprints.
What is the racial threat hypothesis?
As the percentage of minorities in the population increases, so does the amount of social control from the police
Bail/Detention. (the 15 formal criminal justice process)
Bail is a money bond levied to ensure the return of a criminal defendant for trial, allowing the defendant to remain in the community prior to trial. Defendants who do not show up for trial forfeit their bail. Those people who cannot afford to put up bail or who cannot borrow sufficient funds for it remain in state custody prior to trial. In most instances, this means an extended stay in a county jail or house of correction. If they are stable members of the community and have committed nonviolent crimes, defendants may be released on their own recognizance (promise to the court), without bail.
Arraignment. (the 15 formal criminal justice process)
Before the trial begins, the defendant will be arraigned, or brought before the court that will hear the case. At this time, formal charges are read; the defendant is informed of his constitutional rights (the right to be represented by legal counsel and to have the state provide one if he is indigent); an initial plea (not guilty or guilty) is entered in the case; a trial date is set; and bail issues are considered.
When was NIBRS started?
Beginning in 1982, a five-year redesign effort was undertaken to provide more comprehensive and detailed crime statistics.
What are public order crimes?
Behaviors that are illegal because they run counter to existing moral standards. Obscenity and prostitution are considered public order crimes.
Why is the courtroom work group important to keeping the justice system flowing?
By working in corporate fashion, the courtroom work group helps streamline the justice process, circumventing the need for a formal criminal trial.
What is the top layer of the Wedding Cake Model?
Celebrated cases
Which explanation for lack of female offending says females are more likely than males to solve conflict with words?
Cognitive differences
Cost-effectiveness. (Unifying principles of evidence based justice)
Cost-effectiveness. Programs may work, but the cost may be too high. In an era of tight budgets, program effectiveness must be balanced with cost. It is not enough for a program to be effective; it must also be efficient.
Be able to describe the history of crime in the US, specifically in the Old West and crime in cities.
Crime and violence has been common since the nation was first formed. from 1900-1935, the nation experienced a sustain increase in criminal activity. he notorious John Wesley Hardin (who is alleged to have killed 30 men) studied law in prison and became a practicing attorney before his death. Henry McCarty, better known as the infamous "Billy the Kid," participated in range wars and may have killed more than 20 people before being gunned down in 1881 by Sheriff Pat Garrett; Billy had just turned 22. Others formed outlaw bands that terrorized the Western territories. There is no more storied bad man in the history of America than the outlaw Jesse James, who made his living robbing banks and trains.
What is corporate crime?
Crime committed by a corporation, or by individuals who control the corporation or other business entity, for such purposes as illegally increasing market share, avoiding taxes, or thwarting competition.
What is a hate crime?
Criminal acts directed toward a particular person or members of a group because they share a discernible racial, ethnic, religious, or gender characteristic.
Give an example of public order crime
prostitution, substance abuse
What are the threats to the validity of self report surveys?
Critics of self-report studies frequently suggest that it is unreasonable to expect people to candidly admit illegal acts. This is especially true of those with official records, who may be engaging in the most criminality. At the same time, some people may exaggerate their criminal acts, forget some of them, or be confused about what is being asked. Some surveys contain an overabundance of trivial offenses, such as shoplifting small items or using false identification to obtain alcohol, often lumped together with serious crimes to form a total crime index. Consequently, comparisons between groups can be highly misleading. The "missing cases" phenomenon is also a concern. Even if 90 percent of a school population voluntarily participate in a self-report study, researchers can never be sure whether the few who refuse to participate or are absent that day constitute a significant portion of the school's population of persistent high-rate offenders. Research indicates that offenders with the most extensive prior criminality are also the most likely "to be poor historians of their own crime commission rates."Footnote And the most serious chronic offenders in the teenage population are the least likely to be willing to cooperate with criminologists administering self-report tests.Footnote Institutionalized youths, who are not generally represented in the self-report surveys, are not only more delinquent than the general youth population, but are also misbehave considerably more often than the most delinquent youths identified in the typical self-report survey.Footnote Consequently, self-reports may measure only nonserious, occasional delinquents, while ignoring hard-core chronic offenders. There is also evidence that reporting accuracy differs among racial, ethnic, and gender groups. It is possible that some groups are more worried about image than others and less willing to report crime, deviance, and/or victimization for fear that it would make them or their group look bad.Footnote
In what months does murder and robbery most likely occur?
December and January
What perspective of the CJ system emphasize individual rights and constitiutional safeguards against unfair judicial or administrative decisions?
Due process perspective
Be familiar with the explanations for the disproportionate amount of crime committed by males.
Early criminologists pointed to emotional, physical, and psychological differences between males and females to explain the differences in crime rates: men are physically and emotionally stronger and better equipped to commit crimes. Another early view of female crime focused on the supposed dynamics of sexual relationships. Female criminals were viewed as either sexually controlling or sexually naive, either manipulating men for profit or being manipulated by them. The female's criminality was often masked because criminal justice authorities were reluctant to take action against a woman.Footnote These early writings are no longer taken seriously, and today differences in the crime rate are explained by a number of different factors, as discussed below. Traits Some experts believe that gender-based traits are a key determinant of crime rate differences. Among the suspected differences are physical strength and hormonal influences. According to this view, male sex hormones (androgens) account for more aggressive male behavior, and gender-related hormonal differences explain the gender gap in the crime rate.Footnote
Ethics in regards to law enforcement.
Ethical behavior is particularly important in law enforcement because police officers have the authority to deprive people of their liberty. And in carrying out their daily activities, they also have the right to use physical and even deadly force. Depriving people of liberty and using force are not the only police behaviors that require ethical consideration. Police officers have considerable discretion in choosing whom to investigate, how far the investigation should go, and how much effort is required—does an investigation merit undercover work, listening devices, surveillance? While carrying out their duties, police officers must be responsive to the public's demand for protection and at the same time remain sensitive to the rights and liberties of those they must deter from committing crime and/or control. In this capacity, they serve as the interface between the power of the state and the citizens it governs. This duality creates many ethical dilemmas. Consider the following:
What is an officer of the court?
Ethical concerns do not stop with an arrest. As an officer of the court and the "people's attorney," the prosecutor must seek justice for all parties in a criminal matter and should not merely be targeting a conviction. To be fair, prosecutors must share evidence with the defense, not use scare tactics or intimidation, and represent the public interest. It would be inexcusable and illegal for prosecutors to suppress critical evidence, a practice that might mean the guilty walk free and the innocent are convicted.
Ethics in regards to courts.
Ethical concerns do not stop with an arrest. As an officer of the court and the "people's attorney," the prosecutor must seek justice for all parties in a criminal matter and should not merely be targeting a conviction. To be fair, prosecutors must share evidence with the defense, not use scare tactics or intimidation, and represent the public interest. It would be inexcusable and illegal for prosecutors to suppress critical evidence, a practice that might mean the guilty walk free and the innocent are convicted. Prosecutorial ethics may be tested when the dual role of a prosecutor causes her to experience role conflict. On the one hand, she represents the people and has an obligation to present evidence, uphold the law, and obtain convictions as vigorously as possible. In the adversary system, it is the prosecutor who takes the side of the victims and on whom they depend for justice.
Ethics in regards to the corrections.
Ethical issues do not cease to arise when a defendant has been convicted. The ethical issues surrounding punishment are too vast to discuss here, but they include the following: Is it fair and ethical to execute a criminal? Can capital punishment ever be considered a moral choice? Should people be given different punishments for the same criminal law violation? Is it fair and just when some convicted murderers and rapists receive probation for their crimes, while others are sentenced to prison for the same offense? Is it fair to grant leniency to criminals who agree to testify against their co-conspirators and therefore allow them to benefit from their perfidy, while others not given the opportunity to "squeal" are forced to bear the full brunt of the law? Should some criminal inmates be granted early release because they can persuade the parole board that they have been rehabilitated, while others who are not so glib, convincing, or well spoken are forced to serve their entire sentence behind bars? Should technology be used to monitor offenders in the community? Would it be ethical to track a probationer's movements with a GPS unit attached to an ankle bracelet she is required to wear at all times? Should her Internet use and computer downloads be monitored? Should profit be an issue in correctional administration? There has been a trend to privatize aspects of corrections, ranging from outsourcing food and health services to running the prisons themselves. Is it ethical to turn the care and custody of incarcerated people over to corporations that may give profit higher priority than treatment?
How often is the NCVS conducted?
Every 6 months, households are sampled for 3 years
What is evidence based justice? Why is it important?
Evidence-based justice: Determining through the use of the scientific method whether criminal justice programs actually reduce crime rates and offender recidivism.
Executive. (the three branches of government)
Executive. The executive branch of government is responsible for the day-to-day operation of justice agencies. It does not make or interpret the laws but is trusted with their enforcement. In this capacity, it must create and oversee the agencies of justice, determine their budget, and guide their direction and objectives. Laws cannot be enforced unless the executive supplies crime control agencies with sufficient funding to support their efforts.
Females are victimized at a higher rate than males?
False
On average, property crime is going up in the US?
False.
Which explanation for lack of female offending says females would offend just as much as males but cant because they are given more supervision?
Feminist view
At what stage in the formal criminal justice process, is there a true bill of indictment?
Grand jury
Who are usually the targets of hate crimes?
Hate crimes usually involve convenient, vulnerable targets who are incapable of fighting back. For example, there have been numerous reported incidents of teenagers attacking vagrants and the homeless in an effort to rid their town or neighborhood of people they consider undesirable.
Sentencing/Disposition. (the 15 formal criminal justice process)
If after a criminal trial the accused has been found guilty as charged, he will be returned to court for sentencing. Possible dispositions may include a fine, probation, some form of community-based corrections, a period of incarceration in a penal institution, and, in rare instances, the death penalty.
Trial/Adjudication. (the 15 formal criminal justice process)
If an agreement cannot be reached or if the prosecution does not wish to arrange a negotiated settlement of the case, a criminal trial will be held before a judge (bench trial) or jury, who will decide whether the prosecution's evidence against the defendant is sufficient beyond a reasonable doubt to prove guilt. If a jury cannot reach a decision—that is, if it is deadlocked—the case is left unresolved, leaving the prosecution to decide whether it should be retried at a later date.
Charging. (the 15 formal criminal justice process)
If the arresting officers or their superiors believe that sufficient evidence exists to charge a person with a crime, the case will be turned over to the prosecutor's office. The prosecutor's decision whether to charge the suspect with a specific criminal act involves many factors, including evidence sufficiency, crime seriousness, case pressure, and political issues, as well as personal factors such as a prosecutor's own specific interests and biases. Charging is a critical decision in the justice process. Depending on the prosecutor's interpretation of the case, the suspect could be charged with a felony or a misdemeanor, and the subsequent differences between the charges can be vast. It is also possible that after conducting a preliminary investigation of its legal merits, prosecutors may decide to take no further action in a case; this is referred to as a nolle prosequi.
When and where/what was the first police agency created?
In 1829, the first police agency, the London Metropolitan Police, was created both to keep the peace and to identify and apprehend criminal suspects. A huge success in England, police agencies began to appear in the United States around the mid-nineteenth century.
Be able to describe the history of crime in the US, specifically in the cities.
In East Coast cities, gangs bearing colorful names such as the Hudson Dusters and the Shirt-tails battled rivals for control of the streets. In New York City, many gangs, including the Plug Uglies, the Swamp Angels, the Daybreak Boys, and the Bowery Boys, competed for dominance in the Five Points section of the lower East Side. Gang battles were extremely brutal, and men were killed with knives, hatchets, cleavers, and anything else that could puncture or slice flesh. The Civil War also produced widespread business crime. The great robber barons bribed government officials and plotted to corner markets and obtain concessions for railroads, favorable land deals, and mining and mineral rights on government land. The administration of President Ulysses S. Grant was tainted by numerous corruption scandals.
In regards to the UCR, when is crime cleared?
In addition, each month law enforcement agencies report how many crimes were cleared. Crimes are cleared in two ways: (1)when at least one person is arrested, charged, and turned over to the court for prosecution; or (2)by exceptional means, when some element beyond police control precludes the physical arrest of an offender (e.g., the offender leaves the country).
Initial Contact. (the 15 formal criminal justice process)
In most instances, an offender's initial contact with the criminal justice system takes place as a result of a police action: Patrol officers observe a person acting suspiciously, conclude the suspect is under the influence of drugs, and take her into custody. Police officers are contacted by a victim who reports a robbery; they respond by going to the scene of the crime and apprehending a suspect. An informer tells police about some ongoing criminal activity in order to receive favorable treatment. Responding to a request by the mayor or other political figure, the local department may initiate an investigation into an ongoing criminal enterprise such as gambling, prostitution, or drug trafficking. A person walks into the police station and confesses to committing a crime—for example, he killed his wife after an altercation. Initial contact can also be initiated by citizens when no crime is involved—for example, when a parent files a petition in juvenile court alleging that his child is out of control and needs to be placed in a state detention facility.
Preliminary Hearing/Grand Jury. (the 15 formal criminal justice process)
In some instances, and especially in the federal system, prosecutors have used the grand jury as an investigative instrument directed against ongoing criminal conspiracies, including racketeering and political corruption. In this capacity, the grand jury has wide, sweeping, and almost unrestricted power to subpoena witnesses and solicit their testimony and to hand down indictments. Because the power to use the grand jury in this way is virtually in complete control of the prosecutor, and thus its proper application depends on his or her good faith, critics have warned of abuse and potential "witch hunts." In most states (and ironically, in England, where the practice began), the grand jury system has either been replaced or supplemented by the preliminary hearing. In a preliminary hearing, the prosecution files a charging document (usually called an "information") before a lower trial court, which then conducts an open hearing on the merits of the case. During this procedure, the defendant and the defendant's attorney may appear and dispute the prosecutor's charges. The suspect will be called to stand trial if the presiding magistrate or judge accepts the prosecutor's evidence as factual and sufficient. Both the grand jury and the preliminary hearing are designed to protect citizens from malicious or false prosecutions that can damage their reputations and cause them both financial distress and psychological anguish.
Level 2 of the wedding cake model of justice.
In the second layer are the serious felonies—rapes, robberies, and burglaries—that have become all too familiar in U.S. society. These are serious crimes committed by experienced offenders. Burglaries are included if the amount stolen is high and the techniques that were used indicate the suspect is a pro. Violent crimes, such as rape and assault, are vicious incidents against an innocent victim and may involve a weapon and extreme violence. Robberies involve large amounts of money and suspects who brandish handguns or other weapons and are considered career criminals. Police, prosecutors, and judges all agree that these cases demand the full attention of the justice system. Offenders in such Level II cases receive a full jury trial and, if convicted, can look forward to a prison sentence.
What are the 15 formal criminal justice process from investigation to postrelease?
Initial Contact, Investigation, Arrest, Custody, Charging, Preliminary Hearing/Grand Jury, Arraignment, Bail/Detention, Plea Bargaining, Trial/Adjudication, Sentencing/Disposition, Appeal/Postconviction Remedies, Correctional Treatment, Release, Postrelease.
Intervening factors. (Unifying principles of evidence based justice)
Intervening factors. Evidence-based programming must consider intervening factors that enhance or impede program success. A community-based crime prevention program that is used in a high-income neighborhood may be met with general approval and prove effective in reducing local problems, such as kids drinking at night in the local park. But will the program work in a high-crime area where well-armed gangs frighten residents? Conversely, a program that is deemed a failure with a group of at-risk kids living in an inner-city neighborhood may work quite well with at-risk youngsters living in a rural environment.
What is the impact of plea bargaining on the US justice system?
It prevents a significant majority of criminal cases from going to a jury or bench trial.
Judicial. (the three branches of government)
Judicial. The judiciary interprets existing laws and determines whether they meet constitutional requirements. It also oversees criminal justice practices and has the power to determine whether existing operations fall within the bounds of the state constitution and, ultimately, the U.S. Constitution. The courts have the right to overturn or ban policies that conflict with constitutional rights.
What months are likely to have the highest crime rates?
July and August
Be familiar with and able to name at least four property crimes.
Larceny (the legal term for theft, which we discuss further below) Receiving stolen property Extortion (also known as blackmail) Embezzlement (converting property to his/her own with intent to defraud the rightful owner) False pretenses (obtaining property through fraud/deception) Forgery (altering a document with intent to defraud) Uttering (passing a forged document, such as a check, with intent to fraud)
According to the UCR, which crime occurs most frequently?
Larceny-theft
Which region has the highest rate of violent and property crime?
Large urban areas have by far the highest rates of violence, and rural areas have the lowest per capita crime rates. Exceptions to this trend are low-population resort areas with large transient or seasonal populations—such as Atlantic City, New Jersey. Typically, the Western and Southern states have had consistently higher crime rates than the Midwest and Northeast. This pattern has convinced some criminologists that regional cultural values influence crime rates; others believe that regional differences can be explained by economic differences.
What is LEAA and how did it impact criminal justice?
Law Enforcement Assistance Administration (LEAA): Federal agency that provided technical assistance and hundreds of millions of dollars in aid to state and local justice agencies between 1969 and 1982. it supported many worthwhile programs, including the development of a vast number of criminal justice departments in colleges and universities and the use of technology in the criminal justice system.
What are the three branches of government?
Legislative, Executive, Judicial
Legislative. (the three branches of government)
Legislative. Under our current justice system, the legislature defines the law by determining what conduct is prohibited and establishes criminal penalties for those who violate the law. The legislative branch of government helps shape justice policy by creating appropriations for criminal justice agencies and acting as a forum for the public expression of views on criminal justice issues.
What is the relationship between crime and gender? Offending and victimization.
Male crime rates are much higher than those of females. Victims report that their assailant was male in more than 80 percent of all violent personal crimes. The most recent Uniform Crime Report arrest statistics indicate that males account for 80 percent of all arrests for serious violent crimes and more than 60 percent of the arrests for serious property crimes.Footnote For murder, males are arrested nearly eight times as often as females.Footnote Even though gender differences in the crime rate have persisted over time, there seems little question that females are now involved in more crime than ever before and that there are more similarities than differences between male and female offenders.Footnote UCR arrest data show that while male arrest rates have declined by over 22 percent in the past decade, female arrest rates have increased by about 10 percent.Footnote Thus, during a period of slowing overall growth in crime rates, women have increased their participation in crime. How can these differences be explained?
Know the difference between the three types of multiple murder.
Mass murderer Type of multiple killer who kills many victims in a single violent outburst. Spree killers Type of multiple killer who spreads the murderous outburst over a few days or weeks. Serial killers Type of multiple killer who kills over a long period of time but typically assumes a "normal" identity between murders.
Measurement of success. (Unifying principles of evidence based justice)
Measurement of success. Evidence-based programs must develop realistic measures of success. For example, a treatment may seem to work, but careful analysis might reveal that the effect quickly wears off; long-term measures of program effectiveness are needed. Program retention must also be considered. A program for teens may seem to work because those who complete the program are less likely to commit crime in the future. But before success is declared and the program is adopted on a national level, research must closely evaluate such issues as the dropout rate: Are potential failures removed before the program is completed in order to ensure overall success (and continued funding)? And what about selectivity? Is the program open to everyone, including repeat offenders, or is it limited to people who are considered to have the greatest potential for success?
Know what the monitoring the future survey is.
Monitoring the Future Survey of Criminal Activity of High School Seniors STUDENTS WHO ENGAGED IN OFFENSES, % Type of delinquency Committed at least once Committed more than once Set fire on purpose 1.3 0.7 Damaged school property 3.9 3.8 Damaged work property 1.4 1.3 Auto theft 1.9 1.9 Auto part theft 1.1 1.3 Break and enter 10.3 10.7 Theft, less than $50 11.0 11.1 Theft, more than $50 3.7 3.7 Shoplift 9.2 13.0 Gang or group fight 7.1 7.2 Hurt someone badly enough to require medical care 6.4 3.9 Used force or a weapon to steal 1.3 1.4 Hit teacher or supervisor 1.1 1.3 Participated in serious fight 7.0 4.2 Table 2.1 contains data from the most recent Monitoring the Future survey. A surprising number of these "typical" teenagers reported involvement in serious criminal behavior. About 14 percent reported hurting someone badly enough that the victim needed medical care (7 percent said they did it more than once). About 27 percent reported stealing something worth less than $50, and another 11 percent stole something worth more than $50; 27 percent reported shoplifting one or more times; 10 percent damaged school property, half more than once.
How much money is spent on civil and criminal justice per year?
More than $260 billion
What are the relationship between the crime rate and time of year/day of the month?
Most reported crimes occur during the warm summer months of July and August. During the summer, teenagers, who usually have the highest crime levels, are out of school and have greater opportunity to commit crime. People spend more time outdoors during warm weather, making themselves easier targets. Similarly, homes are left vacant more often during the summer, making them more vulnerable to property crimes. Two exceptions to this trend are murders and robberies, which occur frequently in December and January (although rates are also high during the summer). Crime rates may be higher on the first day of the month than at any other time. Government welfare and Social Security checks arrive at this time, and with them come increases in such activities as breaking into mailboxes and accosting recipients on the streets. Also, people may have more disposable income at this time, and the availability of extra money may be related to behaviors associated with crime, such as drinking, partying, and gambling
Who are the typical subjects of self-report surveys?
Most self-report studies have focused on juvenile delinquency and youth crime, but they can also be used to examine the offense histories of select groups such as prison inmates, drug users, and even police officers
According to the UCR, what crime has the highest clearance rate?
Murder
According to the UCR, which crime occurs the least frequently?
Murder
Which index offense has the highest clearance rate?
Murder
What source of data was made to improve the UCR?
NIBRS
What is the NCVS?
National Crime Victimization Survey (NCVS) The ongoing victimization study conducted jointly by the Justice Department and the U.S. Census Bureau that surveys victims about their experiences with law violation.
What is NIBRS? What type of data is this?
National Incident-Based Reporting System (NIBRS) A form of crime data collection created by the FBI requiring local police agencies to provide at least a brief account of each incident and arrest within 22 crime patterns, including the incident, victim, and offender information.
What is the relationship between crime and race?
Official crime data indicate that minority group members are involved in a disproportionate share of criminal activity. African Americans make up about 13 percent of the general population, yet they account for 28 percent of persons arrested. It is possible that these data reflect true racial differences in the crime rate, but it is also likely that bias in the justice process plays a part. According to what is known as the racial threat hypothesis, as the percentage of minorities in the population increases, so does the amount of social control that police direct at minority group members.Footnote Police are more likely to aggressively patrol minority neighborhoods; to suspect, search, and arrest minority group members; and to make arrests for minor infractions among members of these groups, thus helping to raise the minority crime rate
What is the relationship between crime and class (income)?
Official statistics indicate that crime rates in inner-city, high-poverty areas are generally higher than those in suburban or wealthier areas.Footnote Surveys of known criminals consistently show that prisoners were members of the lower class and unemployed or underemployed in the years before their incarceration. Income inequality, poverty, and resource deprivation are all associated with the most serious violent crimes, including homicide and assault.Footnote It is possible, as some research shows, that members of the lower classes are arrested more often and punished more harshly than their wealthier peers, creating the illusion that crime is a lower-class phenomenon.Footnote However, the weight of recent evidence suggests that serious crime is more prevalent in socially disorganized lower-class areas, whereas less serious offenses are spread more evenly throughout the social structure.
Monitoring the future survey
One of the most important sources of self-report data is the Monitoring the Future (MTF) study, which researchers at the University of Michigan Institute for Social Research (ISR) have been conducting annually since 1978.Footnote The MTF is considered the national standard for measuring substance abuse trends among American teens. The MTF data indicate that the number of people who break the law is far greater than the number projected by official statistics. Almost everyone questioned is found to have violated a law at some time, including truancy, alcohol abuse, false ID use, shoplifting or larceny under $50, fighting, marijuana use, and damage to the property of others. Furthermore, self-reports dispute the notion that criminals and delinquents specialize in one type of crime or another; rather, offenders seem to engage in a mixed bag of crime and deviance.
What is organized crime?
Organized crime involves the criminal activity of people and organizations whose acknowledged purpose is economic gain through illegal enterprise.Footnote These criminal cartels provide outlawed goods and services demanded by the general public: prostitution, narcotics, gambling, loan sharking, pornography, and untaxed liquor and cigarettes.
What is a moral entrepreneur?
People who wage campaigns to control behaviors they view as immoral or wrong.
What policy implications are related to chronic offenders?
Policy Implications The chronic offender has become a central focus of crime control policy. Apprehension and punishment seem to have little effect on the offending behavior of chronic offenders, and most repeat their criminal acts after their release from a correctional facility.Footnote Because chronic offenders rarely learn from their mistakes, sentencing policies designed to incapacitate chronic offenders for long periods of time, without hope of probation or parole, have been established. Incapacitation rather than rehabilitation is the goal. Among the policies spurred by the chronic offender concept are mandatory sentences for violent or drug-related crimes; three-strikes laws, which require people convicted of a third felony offense to serve a mandatory life sentence; and truth-in-sentencing laws, which require that convicted felons spend a significant portion of their sentence behind bars. Whether such policies can reduce crime rates or are merely get-tough measures designed to placate conservative voters remains to be seen.
What did LEAA do?
Provided technical assistance and hundreds of millions of dollars in aid to state and local justice agencies between 1969 and 1982.
What is the difference between burglary and robbery?
robbery is a crime of violence involving theft with the intent to harm burglary is purely a property crime because the offender seeks to acquire someone else's property illegally.
Randomized Experiments. (Unifying principles of evidence based justice)
Randomized experiments. Whenever possible, random experiments are conducted. For example, two groups of drug users are randomly selected, the first group is placed in the special treatment program, and the other is treated in a traditional fashion, such as being put in prison. If the recidivism rates of the experimental group are superior, we have strong evidence that the novel treatment method really works. Although it is sometimes difficult to select subjects randomly, other methods (such as matching subjects on key characteristics such as age, race, gender, and prior record) can be substituted.
What is decriminalization?
Reducing the penalty for a criminal act without legalizing it.
What is the wedding cake model of justice?
Samuel Walker, a justice historian and scholar, has come up with a dramatic way of describing the informal justice process. He compares it with a four-layer cake.
The Monitoring the Future Survey is an example of what source of data?
self-report
Describe the data collection methodology of self-report studies.
Self-report survey questions might ask: How many times in the past year have you taken something worth more than $50? How many times in the past year did you hurt someone so badly that they needed medical care? How many times in the past year did you vandalize or damage school property? How many times in the past year did you use marijuana? Most self-report studies have focused on juvenile delinquency and youth crime, but they can also be used to examine the offense histories of select groups such as prison inmates, drug users, and even police officers
What are the threats to the validity of UCR data?
Several methodological issues contribute to skepticism about UCR validity: No federal crimes are reported. Reports are voluntary and vary in accuracy and completeness. Not all police departments submit reports. The FBI uses estimates in its total crime projections. If an offender commits multiple crimes, only the most serious is recorded. Thus, when a narcotics addict rapes, robs, and murders a victim, only the murder is recorded. Consequently, many lesser crimes go unreported. Each act is listed as a single offense for some crimes but not for others. When a man robs six people in a bar, the offense is listed as one robbery; but if he had assaulted or murdered them, his acts would have been listed as six assaults or six murders. Incomplete acts are lumped together with completed ones. Important differences exist between the FBI's definition of certain crimes and those used in a number of states.Footnote class notes only measures reported crimes reports are voluntary and vary in accuracy and completeness important differences in the FBIs definitions of certain crimes and those used in a number of states if an offender commits multiple offenses at one time, only the most serious are included
What is true about the differences in the reporting practices and results of various forms of crime-reporting devices such as the uniform crime reports (UCR) and National Crime Victimization survey (NCVS)?
Since the methods used are stable they are relatively reliable indicators of changes and fluctuations in yearly crime rates.
Which explanation for lack of female offending says females are raised to be less aggressive than males?
Socialization and Development
be familiar with the disproportionate representation of minorities in the criminal justice system?
Some critics charge that race-based differences in the crime rate can be explained by unequal treatment by the justice system. Minority group members are more likely to be formally stopped, searched, and arrested than European Americans. Research shows that police are more likely to single out young black men while treating older African Americans with greater deference. For example, police are much more likely to stop young black drivers than they are white or older black men. This creates a cycle of hostility: young black men see their experience with police as unfair or degrading; they approach future encounters with preexisting hostility. Police officers may take this as a sign that young black men pose a special danger; they respond with harsh treatment; a never-ending cycle of mutual mistrust is created.Footnote According to what is known as the racial threat hypothesis, as the percentage of minorities in the population increases, so does the amount of social control that police direct at minority group members.Footnote Police are more likely to aggressively patrol minority neighborhoods; to suspect, search, and arrest minority group members; and to make arrests for minor infractions among members of these groups, thus helping to raise the minority crime rate.
What is the crime index?
Some surveys contain an overabundance of trivial offenses, such as shoplifting small items or using false identification to obtain alcohol, often lumped together with serious crimes to form a total crime index.
What are the 5 unifying principles of evidence based justice?
Target audience, Randomized experiments, Intervening factors, Measurement of success, and Cost-effectiveness.
Target audience. (Unifying principles of evidence based justice)
Target audience. Programs must be reaching the right audience. A drug treatment program that is used with groups of college students caught smoking pot may look successful, but can it work with hard-core substance abusers? It is important for programs to work with high-risk offenders who have the greatest probability of recidivating. Targeting low-risk offenders may make programs look good, but it really proves little because the client group might not have repeated their criminal offenses even if left untreated.
What is a true bill of indictment?
The action taken by a grand jury when it votes to indict an accused suspect.
What primarily prevents the criminal justice process in the US from working as intended?
The criminal justice process is often hampered by inadequate resources and funding.
What is nolle prosequi?
The decision by a prosecutor to drop a case after a complaint has been made because of, for example, insufficient evidence, witness reluctance to testify, police error, or office policy.
What aspect of self-report and victim surveys is most likely to impair their validity?
The fact that they rely on memory and honesty of respondents.
Level 1 of the wedding cake model of justice.
The first layer of Walker's model is made up of the celebrated cases involving famous people and those charged with committing particularly heinous crimes that capture national headlines. For example, there was an avalanche of media interest in the kidnapping of Elizabeth Smart from her Salt Lake City home on June 5, 2002, and her rescue nine months later. Media attention rebounded in 2010 when her abductors, Brian David Mitchell and Wanda Barzee, were tried and convicted of the crime, Barzee receiving a 15-year sentence and Mitchell life without the chance of parole.Footnote
Level 4 of the wedding cake model of justice.
The fourth layer of the cake is made up of the millions of misdemeanors, such as disorderly conduct, shoplifting, public drunkenness, and minor assault. The lower criminal courts handle these cases in assembly-line fashion. Few defendants insist on exercising their constitutional rights, because the delay would cost them valuable time and money. Because the typical penalty is a small fine, everyone wants to get the case over with.Footnote The wedding cake model of informal justice is an intriguing alternative to the traditional criminal justice flowchart. Criminal justice officials handle individual cases differently, yet there is a high degree of consistency in the way particular types or classes of cases are dealt with in every legal jurisdiction. The model is also useful because it shows that all too often public opinion about criminal justice is formed on the basis of what happened in an atypical case.
How has gang violence changed in the last decade?
The number of gangs has increased about 15 percent in the past decade, as has the number of gang members.Footnote One reason for the increase: the emergence of gangs in rural and suburban areas.
What is the trend in arrests for prostitution?
The number of prostitution arrests has been trending downward for some time; by comparison, about 100,000 arrests were made in 1995. It is possible that: (a)fewer people are seeking the services of prostitutes, (b)police are reluctant to make arrests in prostitution cases, or (c)more sophisticated prostitutes using the Internet or other forms of technology to "make dates" are better able to avoid detection by police.
What is deinstitutionalization?
The policy of removing from secure confinement as many first offenders of minor, nonviolent crimes as possible and treating them in the community.
What region has the highest property crime rate?
The south
What region has the highest violent crime rate?
The south
Describe the data collection method used for the NCVS
The survey provides information about victims (age, sex, race, ethnicity, marital status, income, and educational level), offenders (sex, race, approximate age, and victim-offender relationship), and crimes (time and place of occurrence, use of weapons, nature of injury, and economic consequences). Questions also cover the experiences of victims with the criminal justice system, self-protective measures used by victims, and possible substance abuse by offenders. Supplements are added periodically to the survey to obtain detailed information on topics such as school crime.
What is discretion?
The use of personal decision making and choice in carrying out operations in the criminal justice system.
Perspectives in Perspective. (6 perspectives on criminal justice.)
The variety of tactics being used to combat crime today aptly illustrates the impact of the various perspectives on the operations of the criminal justice system. Advocates of each view have attempted to promote their vision of what justice is all about and how it should be applied. During the past decade, the crime control and equal justice models have dominated. Laws have been toughened and the rights of the accused curtailed, the prison population has grown, and the death penalty has been employed against convicted murderers. Because the crime rate has been dropping, these policies seem to be effective. They may be questioned if crime rates once again begin to rise. At the same time, efforts to rehabilitate offenders, to provide them with elements of due process, and to administer the least intrusive treatment have not been abandoned. Police, courts, and correctional agencies supply a wide range of treatment and rehabilitation programs to offenders in all stages of the criminal justice system. Whenever possible, those accused of a crime are treated informally in nonrestrictive, community-based programs, and the effects of stigma are guarded against.
What does UCR data measure?
This national survey compiles criminal acts reported to local police.
what is the "known group" method?
To address these criticisms, various techniques have been used to verify self-report data.Footnote The "known group" method compares youths who are known to be offenders with those who are not to see whether the former report more delinquency. Research shows that when kids are asked whether they have ever been arrested or sent to court, their responses accurately reflect their true-life experiences.
Explain the criminal justice assembly line?
To justice expert Herbert Packer, the image that comes to mind from the criminal justice process is an assembly-line conveyor belt down which moves an endless stream of cases, never stopping, carrying them to workers who stand at fixed stations and who perform, on each case as it comes by, the same small but essential operation that brings it one step closer to being a finished product—or, to exchange the metaphor for the reality, a closed file.Footnote Criminal justice is seen as a screening process in which each successive stage (prearrest investigation, arrest, postarrest investigation, preparation for trial or entry of plea, conviction, disposition) involves a series of routinized operations whose success is gauged primarily by their ability to pass the case along to a successful conclusion.
What are the approximate clearance rates for UCR index offenses?
Traditionally, slightly more than 20 percent of all reported Part I crimes are cleared by arrest each year.
Which explanation for lack of female offending says males are more liekly to offend because they have more testosterone which makes them more likely to engage in aggressive or risk taking behavior?
Traits
What does UCR measure?
UCR is official data UCR include crimes reported to local law enforcement departments and number of arrests made by police agencies.
Which crime data source is best used in determining the number and characteristics of people arrested?
Uniform Crime Reports (UCR)
What is UCR official data?
Uniform Crime Reports (UCR) The official crime data collected by the FBI from local police departments. The UCR include crimes reported to local law enforcement departments and the number of arrests made by police agencies.
Release. (the 15 formal criminal justice process)
Upon completion of the sentence and period of correction, the offender will be free to return to society. Most inmates do not serve the full term of their sentence but are freed through an early-release mechanism, such as parole or pardon, or by earning time off for good behavior. Offenders sentenced to community supervision simply finish their term and resume their lives in the community.
What two sources of data use surveys?
Victimization (NCVS) surveys and self-report surveys
What sources of data help to solve the problem of the dark figure of crime?
Victimization Surveys (NCVS) and self-report surveys
expressive violence
Violent behavior motivated by rage, anger, or frustration.
instrumental violence
Violent behavior that results from criminal activity designed to improve the financial status of the culprit, such as shooting someone during a bank robbery.
Name the Index crimes
Violent: Murder, nonnegligent manslaughter, forcible rape, robbery, aggravated assault. Property: larceny/theft, burglary, arson, motor vehicle theft.
What advantage does self report surveys have over the UCR and the NCVS?
Whereas the NCVS is designed to measure victimization directly and criminal activity indirectly, participants in self-report survey are asked to describe, in detail, their recent and lifetime participation in criminal activity Self-report results appear to be more stable than the UCR. When the results of recent self-report surveys are compared with various studies conducted over a 20-year period, a uniform pattern emerges: The use of drugs and alcohol increased markedly in the 1970s, leveled off in the 1980s, and then began to increase in the mid-1990s until 1997, when the use of most drugs began to decline
What is white-collar crime?
White-collar crimes involve the violation of rules that control business enterprise. They include employee pilferage, bribery, commodities law violations, mail fraud, computer fraud, environmental law violations, embezzlement, Internet scams, extortion, forgery, insurance fraud, price fixing, and environmental pollution.