Crim 100 quiz

Social Consequences

A major social consequence of crime is that law-abiding citizens often alter their own behavior in reaction to crime. For example, if a string of violent crimes are suddenly occurring within a particular community, the residents of that community are likely to restrict their normal activities out of fear. Community members might avoid going out at night or be less trusting of others and, consequently, less likely to help someone in need due to fear, mistrust, and suspicion. Other social consequences of crime can occur on a larger scale. Consider these examples: A town or city might cancel planned events in the community due to a perceived crime problem. Features of a neighborhood or business district might be redesigned to better discourage crime, which can have affect how and when people interact with one another. Access to public places, such as parks or beaches, can be restricted to certain times of day to discourage criminal behavior and reduce the risk of victimization. All of these alterations to social life affect how society conducts itself and can restrict the freedoms of law-abiding community members.

arrests

An arrest involves taking an individual into police custody. A legal arrest requires a warrant or probable cause. Recall that probable cause means sufficient evidence exists for a reasonable person to believe a specific individual has committed a particular crime. Arrests made without a warrant, or without probable cause, violate an individual's rights, and the legality of the arrest can be questioned. The Fourth Amendment of the U.S. Constitution grants individuals the right to be secure in their homes. The courts have interpreted that to mean that police officers cannot enter a person's home to make an arrest based solely on probable cause. They must also have a warrant to enter a person's home to make a legal arrest. The Fourth Amendment reads as follows: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Apprehending Offenders

Apprehension of offenders is an important police function that is part of enforcing the law, as well as protecting the public. Offenders are sometimes caught and arrested during, or immediately after, the commission of the crime. In other cases, the police must track down suspects. It can sometimes take hours, days, weeks, or more to track down and arrest offenders. Police officers need either probable cause or an arrest warrant issued by a judge in order to legally arrest offenders some time after the crime has already been committed. Recall that probable cause means officers have sufficient evidence to make an arrest without a warrant. This is possible when the evidence is sufficient to lead a reasonable person to believe the suspect is reasonably guilty of the crime.

Property crimes include

Arson Burglary Identity Theft Larceny-Theft Motor Vehicle Theft Shoplifting Vandalism

Community Policing

Community policing is an approach that involves the police and community collaborating to prevent crime, reduce disorder, and maintain peace. The police and the community work together to identify problems and develop solutions. A community policing approach aims to break down barriers between police officers and citizens so they no longer view one another as being on opposite sides. This is especially important in communities where the relationship between the police and community members has been strained in the past. Both the police and community members want a peaceful community, with reduced crime and disorder. It makes sense that the two groups work together to accomplish those shared goals. Under a community policing model, police officers get to know the business owners and residents who live and work in the areas they patrol. The familiarity that eventually develops between patrol officers and community members leads to willing collaborations between both parties. A key component of effective community policing is open communication between officers and community members An example of community policing in action would be police and local business owners working together to resolve a graffiti problem in an alley behind a string of businesses. The owners and employees of those businesses can help police by watching for suspicious individuals and noting the times when new graffiti appears. Police officers can then develop strategies for patrolling the area more often during vulnerable times. Additional exterior lighting or surveillance videos could also be installed by business owners to discourage such vandalism after dark. Police officers and community members would continue working together to stay on top of the problem and address new concerns as they arise.

Corrections Functions

Corrections is responsible for carrying out sentences, protection of inmate rights, rehabilitation of offenders, and public protection. Many of the functions carried out by the corrections component of the criminal justice system depend on the outcome of criminal case processing within the courts. The following are key functions of the corrections component of the criminal justice system. Sentence Fulfillment When the court finds an accused individual guilty of a crime, the sentence imposed by the court is then carried out through corrections. Corrections is responsible for fulfilling several other related functions as they carry out court-imposed sentences. Protection Against Cruel and Unusual Punishment The custody and supervision of offenders in the corrections system must be both safe and humane. All offenders serving time in a correctional facility are protected against cruel and unusual punishment by the Eighth Amendment of the U.S. Constitution. Protecting the Rights of Inmates Inmates are given the legal right to have access to the courts. This means professionals working in corrections cannot deny inmates access to legal materials, such as law books, and they cannot prevent them from filing such legal documents as an appeal of their conviction or a lawsuit against the correctional facility or its staff. Rehabilitation Another function of corrections is to rehabilitate offenders and assist them with community reentry. Rehabilitation can be provided through a variety of programs, depending on the needs of the individual offender, but the main goal is to help offenders develop the skills and mindset needed to eventually return to the community as productive, law-abiding members. Rehabilitation programs can be educational, vocational, or religious in nature. Anger management, substance abuse, and mental health programs can also be part of rehabilitation efforts. Public Protection Corrections protects the public by safely and securely housing offenders until the conclusion of their sentences. Without corrections to carry out sentences and maintain secure custody of the convicted, the public would be at risk for an increase in crime. Corrections protects the public by maintaining custody of offenders and rehabilitating them in order to reduce the risk of them re offending when they return to the community.

Corrections

Corrections is the component of the criminal justice process in which criminal sentences imposed by the courts are carried out. Many sentences require an offender to be incarcerated for a particular length of time. Incarceration can be in a jail, prison, or other type of correctional facility. Offenders convicted of a misdemeanor offense often serve their sentence in jail, and those sentences tend to be less than one year. Offenders found guilty of a felony crime are sentenced to prison. Prison sentences can range from just one year to a life sentence, depending on the crime, sentencing guidelines, and other factors. In addition to serving time in jail or prison, criminal sentences can also include monetary fines or other sanctions, such as community service. Other sentencing options include probation, parole, house-arrest, and halfway houses. Whatever sentence is imposed and wherever it is served, the corrections component of the criminal justice system is responsible for overseeing the process from the start of the sentence to offender reentry into the community.

Preventing Crime

Crime prevention involves anticipating possible crimes in advance and taking steps to stop them from occurring. Police have implemented various tactics to help with crime prevention. Many cities have installed police surveillance cameras to discourage people from committing crimes. If individuals choose to commit a crime anyway, they will be caught on video, which makes it easier for the police to identify them. Conducting routine patrols is another way police attempt to prevent crime since the very presence of the police around the community can be enough to deter crime. Finally, neighborhood watch programs are another example of crime prevention.

Criminal Defenses

Defendants charged with a crime in the United States are presumed innocent until proven guilty. Despite the presumption of innocence, defendants still need to defend themselves against the criminal charges they are facing. Presenting a strong defense can help demonstrate the reasons why the defendant should not be held responsible for the crime in question. It is the role of defense attorneys to develop a valid defense to the criminal charges. There are four main categories of defenses to criminal charges. Within each of these categories there can be multiple types of defenses. The four main categories of defenses include the following: Alibi Justification Excuses Procedural defenses

Police Functions

Enforcing the Law When police officers issue speeding tickets they are enforcing the law governing the maximum speed at which it is permissible to drive. Likewise, if police observe individuals involved in an illicit drug transaction, they enforce the law prohibiting such activity by placing the individuals involved under arrest. Investigating Crimes As soon as police are made aware that a crime occurred they are responsible for investigating the crime to determine what happened and who is responsible. Once police have enough information to identify the individual responsible for the crime, an arrest can be made. Arresting People Who break the law is another function of the police. Not only does apprehension of offenders accomplish the goal of enforcing the law, it also protects the public because that offender is prevented from engaging in further criminal activity while in custody. Additional Functions Additional functions of the police include crime prevention, crime reduction, and maintaining public order. These functions can often be accomplished by the mere physical presence of the police. When the police are observed regularly patrolling streets and neighborhoods, people might be less likely to act disorderly in public or attempt to commit a crime. By reducing or preventing crime, as well as maintaining public order, the police are also performing an additional function of ensuring community safety. Other police functions include providing services to the community, as well as emergency services, such as responding to 9-1-1 calls and being first-responders at accident scenes.

criminal investigation

Enforcing the law and apprehending offenders are two important crime-related police functions. Another important crime-related police function is the investigation of crimes. Criminal investigations are primarily the responsibility of detectives, but uniformed police officers can aid in criminal investigations, as well. In many cases, uniformed officers out on patrol will be the first responders to the scene of a crime. As first responders, they play an important role in the criminal investigation by securing the scene and retaining witnesses. Depending on the situation, officers might also take witness statements, collect physical evidence, or take notes regarding the crime scene while awaiting the arrival of detectives. The goal of criminal investigations is to identify the perpetrator(s) of specific crimes so they can be brought to justice. Criminal investigation includes many steps: Confirming a crime has occurred Studying the crime scene Collecting physical evidence Interviewing witnesses Identifying persons of interest Interrogating suspects Identifying victims Taking victim statements Obtaining search warrants Obtaining arrest warrants Arresting suspects

enforcing the law

Enforcing the law means police officers take action in response to violations of the law. In some situations, that involves making arrests for the commission of a crime. In less serious cases, enforcement of the law can include issuing parking or speeding tickets. An important aspect of enforcing the law is fairness, particularly from the public's perspective. It is expected that the law will be applied fairly by the police, meaning different instances of the same violation of the law are handled similarly. For example, the police would likely face some backlash from the male segment of the community if female drivers who are caught speeding were always let off with a warning while male drivers who are caught speeding always received speeding tickets. Another important aspect of law enforcement is that police follow the law themselves, even when off duty. Off-duty officers should not break the speed limit, use illicit drugs, or engage in any type of criminal activity. If officers are going to enforce the law, they must also follow it at all times.

The crime picture

Examining crime data collected by the Federal Bureau of Investigation (FBI) and other agencies is a useful way to gain an understanding of the crime picture in the United States. Crime data reveal several facts about crime. It can indicate which types of crimes are committed most often and whether certain types of crimes are on the rise or are, instead, declining. The FBI compiles crime data every year in two major areas—violent crime and property crime. Major violent crimes include aggravated assault, robbery, rape, murder, and non-negligent manslaughter. The most commonly committed type of violent crime in 2016 was aggravated assault, which accounted for 64.3 percent of all violent crimes. Major types of property crimes for which crime data are collected include larceny-theft, motor vehicle theft, burglary, and arson. The most commonly committed type of property crime in 2016 was larceny-theft, which accounted for 71.2 percent of all property crimes. Overall, the number of violent crimes committed in 2016 increased by 4.1 percent from the previous year, while the number of property crimes committed decreased by 1.3 percent from 2015.

Excuse Defenses

Excuse defenses to criminal charges acknowledge the accused committed the criminal act but claim such individuals should not be held criminally liable because they were not responsible for their actions during commission of the crime. There is a legitimate excuse for the behavior, such as involuntary intoxication or mental incompetence. The different types of excuse defenses include the following: Age Duress Mistake Provocation Involuntary intoxication Unconsciousness Mental incompetence Insanity

Police Roles and Mission

Federal, state, and county law enforcement agencies generally operate in a wider geographical area than local police departments. Because local police departments operate in a smaller vicinity, they are in the unique position of dealing directly, on a daily basis, with the people in the communities they protect and serve. Police have five main functions to fulfill their mission of protecting and serving their communities, as well as having various secondary roles, such as mediators, counselors, and social workers: Enforcing the law Apprehending offenders Preventing crime Maintaining peace Providing community services

Adjudication

In criminal case processing, adjudication is the point at which a case goes to trial. During adjudication, the court hears evidence, decides guilt or innocence, and determines sentencing, if appropriate. Several major courtroom participants are actively involved in a trial: A judge Attorneys for both the prosecution and the defense Jurors During trial, the prosecution presents its case against the defendant, which can include such things as physical evidence, circumstantial evidence, and witness testimony. The defense has the opportunity to question physical evidence, including the manner in which it was collected, stored, or processed. The defense also has the opportunity to cross-examine witnesses for the prosecution, as well as present its own witness testimony on behalf of the defendant. Once both sides have presented their cases, the jury deliberates and decides guilt or innocence. If the defendant is found to be guilty, then the judge imposes a sentence commensurate with the crime. it is important that due process is followed throughout the entire adjudication process. Failing to ensure due process can result in a mistrial or a truly guilty defendant evading justice. Due process during the adjudication phase of criminal case processing includes the following rights and requirements: Presumption of innocence unless and until guilt is proven Requirement of proof beyond a reasonable doubt to determine guilt The right to legal counsel The right to a speedy trial The right to a trial by a jury of the defendant's peers The right to present witnesses for the defense The right to cross-examine prosecution witnesses Protection against self-incrimination Protection against being tried for the same crime twice

The criminal justice process

Investigation of the crime police Arrest of a suspect or suspects police Pretrial activities courts Adjudication courts Sentencing courts Corrections

Police-Community Relations

It is important for police to have a good relationship with the community they serve. In fact, police officers can be more effective in their jobs when relations with the community are good. Good police-community relations make it possible for police officers and community members to form a partnership. They can collaborate with one another toward maintaining peace and reducing crime and disorder. Good police-community relations also improve the public's willingness to cooperate in solving crimes. In some communities, people are afraid to talk to the police or report suspicious activity out of fear. They may fear the police, neighborhood gangs, or prominent individuals in the community. Getting to know the people who live in the communities they patrol helps police officers break down barriers, build trust, and improve communication.

Justification Defenses

Justification defenses to criminal charges are used when the accused acknowledges committing the criminal offense but argues the act was justified. Because the offense was justified, the accused should not be held criminally liable. Types of justification defenses include the following: Self-defense Defense of others Defense of home and property Necessity Consent Resisting unlawful arrest Self-defense and defense of others can be used as justification defenses when protecting one's self, or other individuals who cannot protect themselves, against criminal victimization. For example, self-defense could be used as a defense against assault charges if the accused was fighting off an attacker trying to mug him or her. Whenever self-defense or defense of others is used as a defense, it is important that reasonable force was used. Reasonable force simply means the force used to defend one's self or others was appropriate for the situation and not excessive. Defense of home and property is another related justification defense used in defense of an offense committed while protecting one's property. Reasonable force is particularly important in cases involving defense of home and property. The use of deadly force is not necessarily justified when defending one's home or property. Deadly force would be considered excessive unless the perpetrator became violent with the home/property owner or others who might be present. Necessity is a defense that claims committing the criminal act was necessary to prevent a more serious harm from occurring. For example, the necessity defense might be used against charges of driving on a suspended license if the driver was transporting another person with life-threatening injuries to a hospital. Had the driver chosen not to drive due to the suspended license, the injured person might have died. Driving with a suspended license seemed less harmful than leaving another person to possibly die.

The Purpose of Law

Law serves several purposes, such as maintaining order in society. Order is maintained by defining behaviors and actions that are prohibited and prescribing punishments for engaging in those behaviors. Without law, members of society would be free to do as they please, at the expense of others and without consequence. Conversely, when a community or society agrees on the conduct expected of its members, and also outlines conduct that is unacceptable, there can be a sense of order because community members know what to expect from one another. In that respect, another purpose of law is to regulate interactions between members of society. As mentioned, laws serve several purposes, including the following: Maintain order in society Uphold the moral beliefs of society Protect individual rights and freedoms Define illegal behaviors Prescribe punishments for illegal behaviors Seek justice for victims Regulate interactions between members of society

maintaining peace

Maintaining the peace within a community can establish a sense of order and reduce the public's fear of crime. The police attempt to maintain peace in a number of ways, including responding to disturbing the peace calls. The police also respond to calls about individuals who are loitering, are acting disorderly, or are intoxicated in public. The conduct of such individuals contributes to a sense of disorder and can disturb the peace. To maintain peace, police officers might redirect these individuals elsewhere or take them into custody, if necessary. Police also help maintain peace at large public gatherings, such as parades or festivals, by providing crowd control, directing traffic, and other services related to keeping the peace.

Overview of Police and Law Enforcement Agencies

Police and law enforcement agencies exist at the federal, state, county, and local levels. Although agencies at these different levels might perform different functions, one thing they all have in common is upholding the law. All police and law enforcement agencies, including the members of those agencies, are responsible for knowing the laws of their jurisdiction. County and local police departments should also know the laws of their state, not just their jurisdiction. Several law enforcement agencies exist at the federal level. Examples of federal law enforcement agencies include the following: Federal Bureau of Investigation Bureau of Alcohol, Tobacco, Firearms, and Explosives Drug Enforcement Administration U.S. Department of Homeland Security U.S. Customs and Border Protection U.S. Marshals Service U.S. Secret Service U.S. Fish & Wildlife Service State, county, and local police agencies include state police, sheriff's offices, and local police departments. State police departments are also referred to as highway patrol in many states and are responsible for patrolling highways throughout the state. Sheriff's offices operate at the county level and also provide law enforcement for small communities without their own police department, such as rural and unincorporated areas. Local police departments operate within towns or cities, providing a wide range of services within the communities they serve.

Legal Issues in Policing

Police and law enforcement agencies have a professional duty and an obligation to be ethical, follow proper protocol, and protect individual due process rights in the performance of their duties. In many police departments, newly sworn-in officers even take an oath vowing to act with fairness and integrity and to uphold the fundamental rights of all people. When police and law enforcement officers fail to act ethically, sidestep protocol, or violate due process rights, legal issues can arise. These can be due to an intentional abuse of power or the result of careless, but unintentional, errors in following proper procedure. Specific areas in which police can encounter legal issues include the following: Abusing their power Using force Making arrests Performing searches Seizing property Conducting interrogations

Policing Styles

Police departments around the country do not all have the same approach, or style, of policing. Even with different styles of policing, the public in general has certain shared expectations of the police. The police should conduct themselves in both a professional and ethical manner, as well as be fair when exercising discretion. The police are also expected to meet community needs, so the approach taken by a particular police department depends, in part, on the interests and needs of the community it serves. Although policing styles vary a bit according to community needs and interests, policing has several main approaches to policing: Legalistic Watchman Service Community policing

Chain of Command

Police departments in the United States are organized by a chain of command divided into different ranks, similar to the military. Positions with the highest rank are at the top of the chain of command. Orders given by a higher ranking officer supersede orders given by lower ranking officers. The exact positions in a police department, as well as their corresponding responsibilities, can differ slightly from one jurisdiction to another. For instance, larger police departments sometimes have additional positions/rankings that smaller departments do not, such as commander or commissioner. In order of highest to lowest rank, typical positions in most police departments are as follows: Chief Deputy or Assistant Chief Captain Lieutenant Sergeant Detective Police or Patrol Officer The chief of police is the highest ranking position in a police department and is in charge of the entire police department for a specific jurisdiction. In some jurisdictions, such as larger metropolitan areas, the position of chief is called commissioner. The chief of police implements policies and regulations within the department. The chief also represents and speaks on behalf of the police department during press conferences regarding current and ongoing investigations affecting the public. The deputy or assistant chief reports directly to the chief of police and stands in for the chief when the chief is not available. In most police departments, the deputy chief is usually responsible for overseeing the daily operations of the entire department. Police captains are in charge of specific units or divisions within a police department. For example, a large metropolitan police department with a homicide division will have a captain to oversee the detectives in that division. In addition to overseeing a specific unit or division, captains also handle various administrative responsibilities for their unit or division, such as approving budgets. Police lieutenants are responsible for handing down orders from the upper ranks to the police sergeants they supervise. Sergeants then communicate those orders to police officers. In some jurisdictions, the lieutenant also acts as watch commander and oversees all police department activity during a specific shift or watch. Sergeants are the lowest ranking supervisory position in police departments, but they are also responsible for supervising the largest group. Sergeants oversee the activities of all patrol officers within their department. Some of the specific responsibilities of police sergeants include communicating management decisions from above to officers, specifying officer duties, assigning offers to patrol specific areas, and scheduling shifts. Detectives are responsible for investigating crimes. They examine crime scenes, collect evidence, interview witnesses, track down possible suspects, and solve crimes. Detectives usually wear plain clothes, meaning they do not wear a police uniform like officers on patrol. Like officers, detectives also report directly to a sergeant. In some police departments, a detective sergeant position might specifically supervise detectives. This position is separate from the regular sergeant position responsible for daily supervision of officers in the field. Patrol officers are the lowest ranking position within a police department and report directly to a sergeant. Patrol officers wear a uniform and are in the field daily, patrolling their assigned area. While on patrol, police officers respond to a variety of calls for assistance from the public. Such calls for help include emergency situations, reports of a crime, reports of a disturbance, or calls for assistance. Patrol officers are present daily in the communities they are charged with protecting and serving. State highway patrol and county sheriff's departments also have military style rankings, but the titles differ slightly from those of regular police departments. Titles can also differ slightly from one jurisdiction to another. Typical Law Enforcement Rankings (Ranked from Highest to Lowest)

counterterrorism measures

Police encountered a new danger following the terrorist attacks against the United States on September 11, 2001. The events of that day forever changed this country, including the duties of police and law enforcement agencies across the country. Police and law enforcement agencies have since implemented counterterrorism measures, which include ongoing police training to prepare for any possible future terrorist attacks. Police officers are now tasked with additional responsibilities pertaining to counterterrorism measures. Police officers must gather intelligence information, secure their communities, protect their communities, and be prepared to respond to acts of terrorism. In addition to the dangers of dealing with potential acts of terrorism, police and law enforcement agencies have taken on a greater workload in preparing for such events. The additional workload increases the risk of stress, fatigue, and burnout among police and law enforcement officers.

social issues in policing

Police face various social issues and challenges on the job, such as eliciting cooperation from community members in keeping the peace or solving crimes because people can be reluctant or fearful of getting involved. Numerous social issues arise when working with the community, particularly in larger, diverse communities. Police officers and community members cannot always relate to one another. At times they see each other as being on opposite sides rather than as partners in the community. The divide between the public and the police increases when it appears that the police are engaging in racial profiling or are practicing biased policing.

police corruption

Police have been granted a degree of authority not shared by civilians. With this authority comes the risk of corruption. Police corruption is the abuse of power for personal or professional gain. Police officers engaging in corrupt practices are using their status, power, and authority as officers of the law to behave unethically. Corrupt officers might cover for other officers engaging in corrupt practices; they might take advantage of the opportunity to commit crimes undetected; or they might pressure, coerce, or intimidate others into giving them something of value. Many forms of police corruption are illegal, but all forms are unethical. The following are examples of different types of police corruption listed in order of least to most severe: Accepting gratuities or freebies Demonstrating favoritism on the job Accepting minor bribes Committing minor offenses or infractions (speeding, using marijuana) Committing role malfeasance Accepting major bribes Committing property crimes Participating in a criminal enterprise Intentionally violating due process rights Committing violent crimes Accepting gratuities or freebies includes local businesses giving police officers free sandwiches or cups of coffee. Such acts often appear harmless, but they can lead to officers playing favorites, or they can open the door to more serious types of corruption. Demonstrating favoritism on the job refers to overlooking offenses for some people, but not others. For example, a police officer who does not issue a speeding ticket to a family member, friend, or business owner who regularly offers gratuities is demonstrating favoritism by choosing when to enforce the law. Related to selectively enforcing the law is accepting minor bribes, such as a small amount of cash or free tickets to a major sporting event. Such bribes are made with the expectation the police officer will look the other way and not enforce the law. Committing minor offenses or infractions is another level of corruption. Examples include police officers using recreational drugs or speeding while driving their own vehicles off duty. These are violations of the very laws officers are charged with upholding. Malfeasance is another form of corrupt behavior, referring to police officers committing illegal acts. It can include specific types of corruption, such as accepting bribes. Role malfeasance specifically refers to illegal acts committed in relation to the role of police officer. Examples of role malfeasance include giving biased testimony in court and destroying evidence in a case. Such acts are often committed to protect fellow officers who have come under scrutiny for potentially unethical or corrupt conduct. Other types of police corruption include accepting major bribes, committing property crimes, and participating in a criminal enterprise. Major bribes differ from minor bribes in the amount of money involved. A major bribe might entail an officer accepting hundreds or thousands of dollars to overlook a crime, whereas accepting $50 to not issue a speeding ticket is a minor bribe. Committing property crimes, such as burglary and theft, particularly while on the job, are highly corrupt behaviors. Such conduct might occur when officers have a warrant and are conducting a legal search of a property, but they take cash, jewelry, or other valuables discovered during the search for themselves. A related activity is participation in criminal enterprises. Examples include selling recovered property that was stolen rather than returning it to the rightful owners or selling illicit drugs confiscated during the performance of police duties. Finally, two of the most serious types of police corruption include the intentional violation of individual due process rights and the commission of violent crimes. An example of violating due process rights is the planting of evidence to frame a specific individual for a specific crime. Examples of violent crimes committed by corrupt police officers include physically torturing a suspect during interrogation or the intentional and unjustified use of deadly force. The International Association of Chiefs of Police developed "The Law Enforcement Code of Ethics" covering police ethics and professionalism on the job. The code serves as a reminder to police officers to remain ethical and to act professionally at all times. Various police departments and law enforcement agencies throughout the United States have adopted this code of ethics and require their officers to adhere to it. Other police departments and law enforcement agencies have developed their own similar code of ethics. Some key points from the code of ethics developed by the International Association of Chiefs of Police include the following: Officers have a duty to serve and protect people. Officers must respect everyone's Constitutional rights to liberty, equality, and justice. Officers' personal lives should be free of impropriety, and they should always follow the law. Officers should enforce the law appropriately and without malice or unnecessary force. Officers should never accept gratuities.

police interogations

Police must also follow proper procedures and safeguard due process rights when conducting interrogations. One of the most critical components in the interrogation process is advising individuals of the Miranda warning. The Miranda warning is an explanation of an individual's due process rights during the interrogation process: The right to remain silent and not answer any questions Anything said by the individual during the interrogation can later be used against that person in court The right to speak to an attorney and have the attorney present during the interrogation The right to have an attorney appointed by the court if the individual cannot afford one The right to stop answering questions at any time during the interrogation process Failing to advise subjects of the Miranda warning and their due process rights prior to interrogation could result in any information provided by a subject during an interrogation being challenged by a lawyer and potentially being ruled inadmissible in court. During the interrogation process, acts such as physical abuse, coercion, or psychological manipulation to elicit a confession of guilt or to obtain other information are violations of rights. The use of such tactics by police and law enforcement officers is prohibited. Evidence obtained through physical abuse, coercion, or manipulation is inadmissible in court. As a protection against potential legal issues, many police and law enforcement agencies now videotape interrogations to document the issuing of the Miranda warning and the use of proper protocol.

providing community services

Police officers provide a wide range of services, not just crime-related services, to help the communities they serve. For example, police can provide assistance in various ways following a natural disaster, such as a tornado or hurricane. Some of the ways in which they can provide assistance include directing people to shelters, cordoning off and keeping people away from dangerous areas, distributing necessities, such as water and blankets, or providing search and rescue assistance, if needed. Examples of additional community services the police might provide include the following: Speaking at schools to educate youth about the dangers of drugs or gang involvement Speaking to local businesses about how to reduce and prevent crime Assisting the community in organizing neighborhood watch programs Teaching driver safety courses to community members Mentoring youth through different programs, such as junior police cadets

Additional Police Functions

Police serve several additional functions in their roles as law enforcers, preventers of crime, and peace makers. Some additional functions of the police include the following: Criminal investigation Emergency response Routine incident response Preventive patrol

dangers of police work

Police work can be dangerous. Responding to crimes in progress, approaching the vehicles of unknown motorists who have just been pulled over, and intervening in domestic violence conflicts are all potentially dangerous situations that put police officers' lives at risk. The threat of facing violence, injury, and possible death in the line of duty is present every day on the job for police officers. There are other threats as well. As first responders in emergency situations, police officers are exposed to blood and other body fluids, which puts them at risk of contracting infectious diseases. Handling evidence from a crime scene presents a similar risk. Another potential danger of police work that is easily overlooked is the risk of police officers suffering from stress, burnout, and fatigue. Police work is extremely demanding. The hours can be long, particularly when responding to unexpected emergencies that require extensive time and energy. Further, dealing with the general public all day every day can be taxing, particularly when addressing conflicts, complaints, and other problems. Stress and fatigue affect many police officers and put them at risk of burning out. Police officers who are overstressed, overtired, and burned out will be less effective on the job. They are also less alert, which puts their safety and the safety of those around them at risk.

preventive patrol

Preventive patrol entails police officers being actively out in the community throughout their assigned shift. It serves the function of establishing police presence in the community, which has the potential to prevent a host of problems. Maintaining a visible presence can also have the effect of increasing public confidence and reducing fear of crime. Patrol also allows police to fulfill many of their other functions and duties more effectively. While on patrol, police are better positioned to prevent crimes, respond quickly to reports of crimes in progress, enforce the law when they observe violations, respond to emergencies more quickly, and respond to routine incidents in a timely manner. Police patrol the communities they serve in various ways, depending on the needs of the community and the resources available to the police. Police officers patrol by vehicle, motorcycle, bicycle, horse, or on foot. In some cities, police even patrol using boats or helicopters.

Procedural Defenses

Procedural defenses to criminal charges argue that an accused individual should not be held criminally liable because proper procedures were not followed at some point during the criminal justice process. A procedural defense might be used in situations involving discrimination against the accused or when due process was not ensured. The different types of procedural defenses against criminal charges include the following: Entrapment Police fraud Double jeopardy Selective prosecution Denial of a speedy trial Prosecutorial misconduct

Pretrial Activities

Processing of the criminal case begins once a suspect is arrested and booked in jail. This marks the transition of responsibility from the police to the courts. Several pretrial activities then take place to determine if there is sufficient evidence to take the case to trial. Pretrial activities include the following: A first appearance Preliminary hearing Information or indictment Arraignment The first appearance in court occurs within several hours of the arrest. The arrestee is brought to court where a judge will read the charges against the individual, reiterate their rights, and set bail, if appropriate. The court can also appoint a lawyer during this first appearance if one is needed. The next appearance in court is the preliminary hearing. During this hearing, the prosecution will present evidence that the defendant committed a specific crime. The judge reviews the evidence to ensure probable cause exists to have arrested the defendant. If so, the case continues to the next step in criminal case processing, which is information or indictment. Information and indictments are both formal, written declarations of the criminal charges against the defendant. The written document indicates what specific crime was committed and alleges a specific individual, the defendant, committed the crime. Both documents are filed with the court. The primary difference between information and an indictment is the party submitting the document. When the prosecutor files this document with the court, it is referred to as information. When a grand jury is involved, the document submitted to the court is an indictment. Arraignment is the next step after the formal written information or indictment has been submitted to the court. During arraignment, defendants hear the information or indictment against them, are advised of their rights, and are asked to enter a plea to the charges against them. Defendants can plead not guilty, guilty, or no contest. Following arraignment, depending on the defendant's plea, the case can be resolved through plea bargaining, or it can go to trial. In some cases, attorneys for the prosecution and defense can agree to a plea bargain, which the judge can review and approve or deny. Defendants pleading not guilty will go to trial to defend themselves against the criminal charges. If defendants plead guilty or no contest, the judge can determine sentencing without the need for a trial.

Routine Incident Response

Responding to routine incidents are another facet of police activity. Although they are generally not as urgent or adrenaline-inducing as emergencies, routine incidents account for a greater number of police responses. Routine incidents include minor traffic accidents and minor citizen complaints, such as noise disturbances. Responding to routine incidents does not necessarily coincide with dealing with criminal activity or making arrests. Police might perform such functions as helping resolve a dispute, providing assistance, or maintaining order at the scene. Many routine incidents conclude with police officers filing a written report of the incident and how it was resolved.

search and seizure

Search and seizure is another area that can be subject to legal implications if law enforcement officers do not follow proper procedures while performing their duties. Police cannot freely search a person or their property based on a hunch or a whim. In most cases, unless a person has consented to a search, probable cause or a warrant is required to search and seize property. Even with a warrant, police must abide by the specifications of the warrant. The warrant should specify exactly what location or areas are to be searched and what type of items can be seized. For example, if the police have a warrant to search all areas inside a specific house and seize property pertaining to the manufacture of methamphetamines, they cannot seize unrelated items inside the house. They can only seize items believed to be used in the manufacture of methamphetamines. Items of criminal activity that are in plain view are an exception to search and seizure rules. If officers have secured the right to search a particular area, through probable cause or a warrant, and an item pertaining to criminal activity is readily in plain view, then police officers are authorized to seize that item as evidence. In the previous example involving a warrant to search a house for evidence of methamphetamine production, police could legally seize unrelated items that are in plain view if those items are clearly associated with other criminal activity, such as child pornography. Although the search warrant pertains only to the search and seizure of methamphetamine production, and says nothing about child pornography, because officers have the legal right to search the house and the child pornography evidence is in plain view, it can be legally seized. When police follow proper protocol regarding searches and seizures and do not violate due process rights, they can avoid complicating a case legally. Illegally seized evidence cannot be used in a criminal trial. This situation is covered by the exclusionary rule, which prohibits (excludes) the submission of illegally obtained items as evidence in a criminal trial. The exclusionary rule represents an additional protection of Fourth Amendment rights. Police do not need a warrant or the same degree of probable cause to conduct a stop and frisk, sometimes also called a Terry stop. A frisk is similar to a search but is not as thorough. Frisks are generally performed for the protection of police officers and others in the area. When police have reason to lawfully detain someone, they can perform a frisk, or pat down, of the outer clothing to ensure the individual is not armed. If police discover incriminating items during the frisk, they may then have probable cause to conduct a full search. The legal authority to perform stop and frisks was decided in the case of Terry v. Ohio.

Sentencing

Sentencing refers to prescribing a specific criminal sanction, such as imprisonment, for the commission of a crime. A defendant is sentenced after pleading guilty or no contest to criminal charges at an arraignment hearing and after being found guilty beyond a reasonable doubt at the conclusion of a criminal trial. A criminal sentence is imposed by a judge overseeing the case; however, attorneys for both the prosecution and the defense can make sentencing recommendations that the judge might take into account. For instance, if the prosecution and the defense agree to a plea deal, in which the defendant pleads guilty to a lesser charge for a more lenient sentence, the judge can accept the plea agreement and impose the sentence agreed upon by both the prosecution and the defense. A defendant's sentence depends on several factors, such as whether the crime was a misdemeanor or a felony. In addition, each state has developed sentencing guidelines indicating the appropriate length, or range of time, of incarceration to be served for different types of crimes. It is up to the judge to determine the exact length of time, within the prescribed range, to sentence the offender to serve. Once the sentence has been determined, the case passes from the courts to corrections where the sentence is carried out.

Crime Theory

Social Process Theories Social process theories view criminal behavior as learned behavior.• Labeling Theory• Differential Association Theory• Social Control Theory Sociological Theories Sociological theories examine the social factors contributing to the occurrence of crime. • Strain Theory • Subcultural Theory Psychological Theories Psychological theories emphasize the role of personality or mental health in the commission of crime. • Behavioral Conditioning • Mental Illness Biological Theories Biological theories explain criminal behavior in terms of biology and genetics, even suggesting criminality can potentially be inherited. • Atavism • Phrenology Classical & Neoclassical Theories Classical and neoclassical theories consider criminal behavior to be a choice some individuals freely make. • Hedonistic Calculus • Routine Activities Theory • Rational Choice Theory

Several procedural defenses involve violations of rights guaranteed by the U.S. Constitution.

The Fifth Amendment prohibits trying someone twice for the same crime. If an attempt is made to do so, the defense of double jeopardy can be used. The Sixth Amendment grants accused individuals the right to a speedy trial. The time frame in which a trial must begin following arrest, usually a certain number of months, is specified by the jurisdiction handling the case. Denial of a speedy trial can be used as a defense when this right is violated. The Fourteenth Amendment guarantees "equal protection of the laws." When multiple people are suspected of involvement in criminal activity, but only some are prosecuted due to bias or discrimination, selective prosecution can be used as a valid defense. A related defense is that of prosecutorial misconduct. This is used as a defense when the prosecution acts unethically and/or illegally to gain an unfair advantage over the defense. Withholding exculpatory evidence, evidence that could prove the defendant's innocence, from the defense is an example of prosecutorial misconduct.

criminal justice system

The U.S. criminal justice system exists to uphold the law, administer justice, protect the public, and control crime. The criminal justice system consists of three main components: the police, the courts, and corrections. Each of these components plays a significant role in helping the criminal justice system accomplish its goals; each is responsible for carrying out specific functions. When they perform their functions properly, the criminal justice system is better able to uphold the law, administer justice, protect the public, and control crime. When even just one area fails to carry out its duties or properly perform its functions, justice might not be achieved. The criminal justice system depends on each component properly performing its roles and functions.

General Categories of Crime

The United States has five general categories of crime (see the following list). Each main category contains many different types of crimes. Some categories contain more serious crimes than others. For example, the felony category includes many different types of violent crimes, while the offenses/infractions category contains minor violations of the law. The five categories of crime are as follows: Offenses or infractions Misdemeanors Felonies Treason and espionage Inchoate offenses

Types of Law

The United States has five main types of law. These five types govern different aspects of the law, such as criminal offenses, contracts between individuals or organizations, and taxes. The five main types of law are as follows: Administrative law Case law Statutory law Criminal law Civil law

Court Functions

The courts administer justice and uphold the law with regard to criminal cases. Some of the main functions of the courts include the following: Conducting fair and impartial criminal trials Determining guilt or innocence in criminal cases Imposing correctional sentences for individuals determined to be guilty of a criminal offense Protecting the rights of individuals facing criminal charges Criminal case processing In addition, the courts help maintain the integrity and professionalism of the criminal justice system by serving as a check on other components of the system, including the police, other courts, and corrections. The courts are tasked with verifying proper procedures were followed at all stages of criminal case processing to ensure the accused's rights were not violated. By serving as a check on all components of the criminal justice system, the courts help protect individual rights and maintain a just system. One of the primary ways the criminal courts protect individual rights and maintain a just system is by ensuring due process is followed in criminal cases. Due process refers to the right to a fair trial and is guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution. Due process includes the following rights outlined in the U.S. Constitution: The presumption of innocence until proven guilty The right to representation by an attorney The right to a trial by a jury of peers The right to a speedy trial Protection against self-incrimination The right to cross-examine prosecution witnesses The right to present witnesses for the defense Protection against being tried for the same crime twice

Federal and State Criminal Justice Systems

The criminal justice system in the United States is actually made up of multiple systems, from the federal to individual state levels. Each of these systems shares the core functions of upholding the law, administering justice, protecting the public, and controlling crime. Although the seriousness of an offense or the sentence associated with it might differ between the federal and state levels or from state to state, an offender's right to due process as guaranteed by the U.S. Constitution cannot be denied. Fundamental rights are guaranteed by the U.S. Constitution whether an offender is charged with a crime at the federal or state level. The federal criminal justice system pursues and maintains justice at the federal level. The federal criminal justice system is not involved in processing criminal cases that are the responsibility of individual states. Kidnapping, bank robbery, and the transportation of stolen goods across state lines are examples of criminal acts falling under the jurisdiction of the federal criminal justice system. Likewise, each state has its own criminal justice system for responding to crime and carrying out justice within that particular state. The laws and constitution of a state govern what acts are considered criminal, as well as the appropriate sentence for specific criminal acts. Most crimes fall under the jurisdiction of the state in which they were committed and are processed through that state's criminal justice system.

Economic Consequences

The economic consequences of crime are more easily measured than the social consequences or the personal, mental, physical, and emotional costs to crime victims and their families. The economic costs of crime affect individual victims, communities, society, the criminal justice system, and even offenders. The economic costs of crime to victims and their families include lost wages due to missed work or possible job loss. Costs can also include medical bills for initial treatment of injuries sustained as a result of a violent crime, as well as ongoing medical bills for physical therapy or counseling. Other economic costs to victims include the cost of replacing stolen or damaged property. Crime impacts communities financially when there are costs to repair or rebuild property damaged by such criminal acts as arson or vandalism. Communities can also be adversely affected simply due to the stigma of a major crime occurrence or a sudden outbreak of crimes in the area. Such criminal events can discourage outsiders from visiting a particular community, which can lead to economic loss through a decline in tourism, restaurant patronage, and retail sales. Crime also affects communities economically when they spend unanticipated funds implementing public protection programs, crime control measures, and rehabilitation programs. Crime imposes huge costs on the criminal justice system. The expense of operating the different components of the criminal justice system, such as the police and the courts, is extremely high. Operating expenses include the salaries of professionals working in the criminal justice system, as well as the operation and maintenance of police departments, jails, prisons, courthouses, and other buildings. Obvious costs are also associated with housing, clothing, feeding, rehabilitating, and providing medical services to incarcerated adult offenders. It is estimated that the annual economic cost of crime in the United States is approximately $1.7 trillion (Barken & Bryjak, 2011, p. 155).

investigation

The first and perhaps the most critical step in criminal case processing is investigation. Without a strong and thorough investigation that follows proper procedures, the case might never reach the other phases of criminal case processing, such as arrest or trial. If that occurs, justice will not have been served. An investigation begins once the police become aware a crime has occurred. The investigation phase of the criminal justice process includes the following activities: Gathering evidence at the scene of the crime Interviewing witnesses Pursuing suspects Ideally, if sufficient evidence and information is collected during the investigation phase of criminal case processing, the police can make an arrest. Once someone is arrested and charged with the crime, that individual can eventually be tried in court. If convicted, the court will impose a sentence that will then be carried out by the corrections component of the criminal justice system. Searches are a common part of the investigation process, during which investigators may seize property as evidence. Search and seizure can strengthen an investigation, but it can also potentially compromise an investigation. One of the due process rights guaranteed by the Fourth Amendment of the U.S. Constitution is the right to be protected against unreasonable searches and seizures. The Fourth Amendment also requires police to obtain a detailed warrant before conducting a search, making an arrest, or seizing property. A warrant can only be issued when probable cause exists. Probable cause means there is enough evidence to lead a reasonable and logical person to believe a specific individual committed a specific crime (Schmalleger, 2013). When investigators are able to produce such evidence, a judge can issue a search warrant or an arrest warrant.

The Consequences of Crime

The impact of crime extends from victimization on an individual level to familial, social, and economic consequences impacting society at large. Costs are associated with the effect of the crime and costs to the criminal justice system are associated with the criminal justice process, such as investigating criminal cases, prosecuting suspects, and housing convicted offenders. In short, the costs and consequences of crime are extensive.

legalistic style

The legalistic style of policing is associated with police officers following the letter of the law rigidly and exactly. The use of officer discretion is common in police departments employing other styles of policing, but not among those that use a legalistic style. When adhering to the legalistic style of policing, individual officers do not have room to make decisions based on their own discretion. The application of police discretion could be considered unethical, and officers might be seen as unfairly targeting certain community members while giving others preferential treatment. An example of legalistic style policing in action is ticketing motorists for driving just one or two miles per hour over the posted speed limit. Even just one mile per hour over the posted speed limit is a violation of the law, and all violations of the law are to be sanctioned appropriately.

service style

The primary focus of policing under the service style is serving the community. This style of policing is most likely to be implemented in highly organized, middle to upper class communities with lots of resources and little crime or disorder. The service style of policing is not typical of communities that are of lower socioeconomic status with minimal resources available. Police officers in middle to upper class communities with little crime and disorder are not flooded with calls regarding crimes in progress or complaints of disorder. They have the time and resources to maintain the peace within the community. The service style of policing focuses on protecting the interests of the community and keeping it safe from outsiders who attempt to disrupt the community and cause problems.

emergency response

The public strongly depends on the police in emergency situations, which by definition are urgent and may involve people's lives being in danger. Emergencies are a high priority for police; they respond immediately when dispatched. Examples of emergency situations where police might be called include crimes in progress, major traffic accidents involving serious injury or fatalities, other incidents involving serious injuries, natural disasters, and any time human life is at risk.

the rule of law

The rule of law refers to the principle that for a society to be orderly, it must establish rules for conduct. Further, those rules must apply to everyone equally--no one is above the law--and the law should also be fair. The way society establishes rules for conduct is through written laws. In the United States, written laws are found in statutes, penal codes, and case law. Statutes are written laws developed by the legislative body of a particular jurisdiction. The collection of statutes for a jurisdiction forms that jurisdiction's statutory law. Jurisdictions exist on several levels, including federal, state, county, and local. Each of those levels can have its own set of statutes, but the higher jurisdiction usually takes precedence if there is ever a conflict. Statutory law for a jurisdiction includes codes governing both civil and criminal laws, as well as sanctions for violating those laws. The specific set of codes governing criminal law are referred to as a penal code. Penal codes describe conduct that is prohibited and outline the appropriate sanctions for violating each code. In addition to statutes and penal codes, laws also come from case law. Case law refers to judicial decisions that ultimately serve as precedents for similar cases going forward. Court-established precedents can arise from a complex case in which the court must interpret and apply statutory law to a situation not clearly defined or addressed in the existing statutes or penal code.

atavism

The theory of Atavism is one of the most recognized early biological theories of crime. It was developed by an Italian psychologist named Cesare Lombroso around the time Charles Darwin's Theory of Evolution was gaining popularity. Just as Darwin believed some people possessed traits that gave them an evolutionary advantage, Lombroso believed some people possessed criminal traits. Lombroso described these criminal traits as primitive physical features reminiscent of an earlier evolutionary stage in human development and used the term atavism to describe this condition. Lombroso studied countless criminals over the years and observed shared physical features among the majority of them. Lombroso's asserted that the majority of criminals could be identified by common physical characteristics, including long arms, excessive body hair, a crooked nose, large lips, prominent cheekbones, and ears without lobes. Lombroso theorized that these individuals were born criminal.

watchman style

The watchman style of policing differs markedly from the legalistic style. Police regularly employ discretion under the watchman style. This style of policing can be commonly observed in larger communities in which there is so much activity that the police cannot possibly respond to every call for service. Under the watchman style of policing, police use discretion to prioritize calls, determining which calls require a response and in what order. Crimes in progress and other serious incidents take top priority. Minor incidents, such as loitering or noise disturbances, are treated as a low priority, with officers addressing such situations if and when they have time. Under the watchman style, police are also likely to use their discretion in how they handle different incidents as they arise. An example of police officers using discretion under the watchman style of policing is giving verbal warnings to motorists driving five to ten miles per hour over the posted speed limit rather than issuing tickets for speeding.

Essential Elements of a Crime

Three elements must be present for a specific act to qualify as a crime in the United States. If one of these elements is not present during commission of the crime, the defense can argue there was no crime. The three essential elements of a crime are as follows: Actus reus (criminal act) Mens rea (guilty mind) Concurrence Actus reus and mens rea are both latin terms referring to the criminal act and a guilty mind (intent), respectively. For a crime to have occurred, there must be both a criminal act and the intent to commit a crime. The two must also occur together, which constitutes concurrence. All three of these elements—actus reus, mens rea, and concurrence—must be present and proven before a person can be tried for a crime. The requirement that all three elements be present is referred to as corpus delicti, another latin term meaning the body of the crime. People are not to be tried for crimes in the United States if there is no corpus delicti. Establishing whether actus reus and concurrence were present in a crime is fairly straightforward. There was a criminal act, or there was not, for actus reus to be present. The criminal act occurred either in combination with intent (mens rea) or it did not, for concurrence to be present. Establishing mens rea is a bit more complicated than the other two elements because there are four different types of mens rea.

Racial Profiling and Biased Policing

Two specific areas that present challenges for police and the community are racial profiling and biased policing. Although they are not standard police practices, both can occur in some police departments. Even when police are not acting on biases or are not profiling individuals based on race, the public may still perceive certain police actions as biased, which can lead to strained police-community relations. Racial profiling occurs when police act solely on the basis of race, ethnicity, or nationality. Deeming certain individuals suspicious and stopping them for questioning because they appear to be of a certain race, ethnicity, or nationality is unethical and unprofessional. Police should only be stopping individuals on the basis of their actual behavior when it is suspicious or criminal or based on credible information, such as eyewitness reports of suspicious or criminal behavior. Making assumptions that certain people are likely to be engaging in criminal activity based solely on the race, ethnicity, or nationality of those people is biased policing, and it is wrong. The personal or collective biases of police officers can extend beyond racial profiling. Biased policing includes any discriminatory practice against specific groups of people, such as treating individuals of a particular sex or religion differently. In some cases, discrimination can work against individuals in the targeted group. In other cases, it can work in their favor. For example, police officers who regularly overlook the deviant activities of a group of white male teens are showing bias in favor of those teens. Likewise, if those same officers regularly arrest a group of black male teens engaging in the same deviant activities as the white male teens, then the officers are demonstrating bias against the black teens. Police practices favoring certain groups while discriminating against others lead to poor police-community relations and increase social issues and challenges.

consequences

Various legal consequences pertain to violations of due process rights. One possible consequence is the loss of valuable evidence. Improperly obtained evidence, including seized property and confessions obtained during interrogations, is inadmissible in court. The loss of such evidence can mean the difference between obtaining a conviction of guilt or having a case dismissed. Civil lawsuits are another potential consequence. Civil lawsuits involve private citizens suing specific police officers or the police department that employs them. Civil lawsuits might be filed for pain, suffering, loss, or damages resulting from violations of due process rights, including false arrest, illegal searches and seizures, and improper interrogations. Civil lawsuits have also been filed against the police for physical injury or death resulting from the use of excessive force or inappropriate deadly force.

Victim Consequences

Victims of crime include individuals directly victimized by a criminal act, as well as family and friends who care for the victim. The cost of crime to victims is not as simple as attempting to recoup the value of damaged or stolen property. Victims of violent crimes can suffer physical and emotional trauma that can last for years. Friends and family can suffer emotional trauma, as well. Some of the consequences and costs of crime to victims of violent or property crimes include the following: Loss of personal or sentimental items Loss of property Emotional trauma Physical injuries Deathv Financial loss Medical bills Lost wages due to missed work Legal expenses (particularly in civil suits) Cost of therapy (counseling, physical therapy, etc.) Stigmatization of being a crime victim

Arrest

When making an arrest, police officers must either have an arrest warrant issued by a judge or be able to prove probable cause to make an arrest without a warrant. Whether an arrest occurs with or without a warrant, all individuals have the Constitutional right to be protected against being arrested, or seized, without probable cause. This right is guaranteed by the Fourth Amendment of the U.S. Constitution. In the case of a warrant, the judge reviews whatever evidence is presented and determines whether or not probable cause exists to make an arrest. When there is no warrant, police officers can only place an individual under arrest on the spot when they can first establish probable cause. In some cases, probable cause to make an arrest can also be established even if police did not directly observe the suspect committing the crime. Example: Probable Cause to Arrest Without a Warrant When police observe a person in the process of committing a crime, such as holding up a convenience store, they have grounds to make an arrest on the spot. If the police were to arrive on the scene shortly after the suspect already fled, they can potentially still establish probable cause to make an arrest with enough evidence. Suppose the store clerk provided a physical description of the suspect and indicated the suspect left carrying a brown paper bag imprinted with the store name and filled with $500 in cash. After a quick search of the area, a few blocks away police observe an individual matching the physical description provided by the store clerk. As they approach the individual, police also observe the person carrying a brown paper bag with the name of the convenience store printed on the front and $500 cash inside. Based on information provided by the convenience store clerk, who served as a witness to the crime, police can establish probable cause and place the suspicious individual under arrest without a warrant. When an arrest is made, with or without a warrant, suspects must be read their Miranda rights prior to questioning. Police are not required to read suspects the Miranda rights at the time of the arrest, but police cannot legally question suspects until the Miranda rights have been read (Schmalleger, 2013, p. 15). The requirement for the reading of the Miranda rights resulted from a U.S. Supreme Court ruling in the 1966 case of Miranda v. Arizona. The Court ruled that suspects must be advised of their due process rights prior to questioning. These rights include such things as the right to remain silent and the right to legal counsel.

Use of Force

When police officers face dangerous situations on the job, the use of force may be necessary to protect themselves and maintain control of the situation. Police are authorized to use force appropriately, when needed. However, legal issues can arise when the use of force becomes excessive, particularly when deadly force is used. Police use of force includes physically restraining individuals, with or without handcuffs. It can also involve the use of weapons, both lethal and less lethal. Firearms are lethal weapons, while batons, tasers, pepper spray, and beanbag guns are examples of less lethal weapons. Force is only to be used as needed in order to gain compliance in certain situations, such as from individuals who are under arrest or posing a threat to themselves or others. The amount of force used must be appropriate for the situation. If more force is used than is necessary, the police can run into legal issues for using excessive force. Excessive force occurs when police officers use more force than needed to gain compliance. For example, police officers might need to use a certain degree of force if an unarmed individual resists arrest by refusing to be handcuffed. The police might try several tactics to gain compliance, such as using a taser or one officer physically restraining the individual while another officer applies handcuffs. These are reasonable measures for gaining compliance in this particular situation. Because the individual under arrest is unarmed and is not physically assaulting officers, the use of a firearm would likely be considered excessive in this situation. Shooting at the individual, under these circumstances, would be excessive force since the individual does not pose an imminent threat to the life or physical safety of police officers or bystanders. Deadly force is a specific type of force involving police use of firearms or other weapons with the potential to cause death or great bodily harm. The FBI clarifies the definition of deadly force even further by describing the use of deadly force as being associated with a high probability of death. The use of deadly force by police should only occur in limited situations. Further, verbal warnings should be issued first whenever possible. A verbal warning gives the subject an opportunity to surrender before deadly force is used. Generally, the use of deadly force is only permissible in two scenarios: Defense of Self or Others—Police and law enforcement officers have the right to protect their own lives and the lives of others. The use of deadly force is authorized in situations in which a subject poses an imminent danger to police and law enforcement officers or to others, such as members of the community. Officers, or others, must be at great risk of death or serious bodily injury to justify the use of deadly force. Fleeing Subject—Police and law enforcement officers can use deadly force to stop a fleeing individual if that person poses an imminent threat to the community. Deadly force cannot be used against people just because they are fleeing. There must be probable cause to believe that the community is at risk of death or great bodily harm if the subject escapes and is at large.

Professional Issues in Policing

While police face several issues and challenges pertaining to their profession, one of the most significant challenges is the danger of doing police work. Police officers put their safety, well-being, and lives on the line every day on the job. There is always a risk of being seriously injured or even killed in the line of duty. Officer safety on the job was put at even greater risk following the terrorist attacks on September 11, 2001. As a result of the attacks, police officers must now be trained in counterterrorism measures. Additional professional issues and challenges facing police include the risk of unethical conduct and police corruption.

Burgulary

a property crime generally defined as the unlawful entry inside a building or structure with the intent to commit theft or larceny. Entering an unlocked building without permission with the purpose of stealing valuables is an example of burglary. The use of force to enter the building, such as breaking a lock or window, is not required for the act to be considered burglary. Key factors in defining an act as burglary are whether the entry was unlawful and whether there was an intent to commit theft. The FBI's UCR Program defines three main types of burglary: Forcible entry Attempted forcible entry Unlawful entry without the use of force

arson

a property crime involving the intentional act of setting property on fire. Property includes all types of buildings, structures, and vehicles, as well as land. Attempting to set a building or other type of property on fire is also considered arson even if the attempt is unsuccessful. Reckless criminal conduct leading to an unintentional fire can also be considered arson in some cases. Each state, as well as the federal government, defines the different degrees of arson and the corresponding criminal sanction within that state or at the federal level. In most cases, the crime of arson is a state offense but becomes a federal offense when the property set on fire is federal property. Sentencing guidelines for the different degrees of arson at the federal level are provided as an example and are as follows: First Degree: Arson for Hire: 10-20 years in federal prison; possible fine of up to $200,000 Second Degree: Aggravated Arson: 5-10 years in federal prison; possible fine of up to $150,000 Third Degree: 3-5 years in federal prison; possible fine of up to $150,000

larceny

a the most commonly committed type of property crime, accounting for 71 percent of all property crimes in 2016. The crime of larceny is defined as theft of personal property without violence or the threat of violence. The attempt to steal, even if unsuccessful, can still be considered larceny. Examples of larceny include stealing a bicycle from a homeowner's driveway, pickpocketing a wallet, or shoplifting merchandise from a department store. In short, stealing or attempting to steal property belonging to someone else is considered larceny. Each state defines which criminal acts constitute larceny. Some states differentiate between degrees of larceny with such terms as grand larceny and petty larceny. Grand larceny generally refers to theft of property of high monetary value. For example, the state of Illinois classifies the theft of property valued between $100,000 and $500,000 as grand larceny. Petty larceny generally refers to the theft of property of little monetary value. Criminal punishment for grand larceny are greater than for petty larceny. In the state of Illinois, for example, grand larceny is associated with a prison sentence of between 4 and 15 years, as well as a monetary fine. Petty larceny, the theft of items valued under $500, is associated with a jail sentence of one year or less, and can include a monetary fine.

motor vehicle theft

accounted for just under 10 percent of all property crimes committed in 2016. Motor vehicle theft, also known as grand theft auto, is the theft or attempted theft of any type of motor vehicle. Motor vehicles include passenger cars and trucks, commercial vehicles, busses, motorcycles, snowmobiles, and all-terrain vehicles. Theft of construction vehicles, farming equipment, and other modes of transportation, such as boats, airplanes, or trains, is classified under a different property crime category by the FBI. Theft of those items is not categorized as motor vehicle theft. Criminal sanctions for motor vehicle theft are defined by each state. In some cases, the length of jail or prison sentence imposed depends on the value of the stolen vehicle.

Case Law

also called the law of precedent, refers to laws arising from judicial decisions made in criminal, civil, and administrative court cases. Judicial decisions become law when there is no existing law governing specific aspects of a case or the law is unclear about a particular situation with unique circumstances. In these situations it is up to the courts to use reason and interpret the laws. The decision of the court is recorded and serves as a precedent for other courts that might hear cases with similar circumstances. Those other courts will follow the lead of the first court in deciding similar cases. The exclusionary rule is an example of a judicial decision becoming case law. The exclusionary rule was first established at the federal level by the U.S Supreme Court in the case of Weeks v. United States (1914) and later established at the state level in the case of Mapp v. Ohio (1961). The exclusionary rule prohibits the admission of illegally obtained evidence in court. Such evidence is not admissible at trial. Before the exclusionary rule was established, illegally obtained evidence, such as items gathered without a search warrant or evidence that had been compromised and not properly handled, was admissible in court. Prior to the establishment of the exclusionary rule, no statutes or codes clearly prohibited the use of such evidence.

consent

as a justification defense, claims the alleged victim actually gave permission for the criminal act to be committed against them. The act was not a crime because the alleged victim consented to it. Such a defense might be used against rape or sexual assault charges in which the defendant claims everything was consensual. Resisting arrest is a crime in all jurisdictions in the United States. Resisting unlawful arrest is used as a defense when the arrest is deemed to be unlawful. Situations in which an arrest might be considered unlawful include the following examples: Arrests in which officers use excessive force Arrests made without probable cause or an arrest warrant Arrests made as a result of officers planting false evidence Arrests made as a result of racial profiling Arrests made by officers for the purpose of vengeance

violent crimes

are crimes committed against a person involving the use or threat of force. Victims of violent crimes often sustain physical injuries or even death. The FBI collects crime data in four major categories as part of its UCR program, including aggravated assault, robbery, rape, and murder, but there are several additional types of violent crime (see the following list). Aggravated assault has been the most commonly committed type of violent crime every year for the past few years (FBI, n.d.b). Aggravated assaults accounted for a little more than 64 percent of all violent crimes committed in 2016. Examples of violent crimes include the following: Aggravated assault Simple assault Robbery Rape or sexual assault Murder Kidnapping Stalking Domestic violence Child abuse Elder abuse Terrorism

Inchoate Offenses

are incomplete crimes. This includes crimes for which steps were taken toward commission of the crime, but the crime was never actually carried out. It also includes crimes that were attempted, but failed. Three main types of inchoate offenses include the following: Solicitation involves asking someone else to commit a crime on your behalf. A woman hiring a hitman to kill her spouse is an example of solicitation. Interestingly, even if the hitman chooses not to commit the crime, the woman can still be charged with solicitation to commit murder. Because these crimes are incomplete, it might seem that no crime was actually committed, so no one should be charged with a crime. However, planning to commit a crime is still a crime. Charging someone with an inchoate offense has two main requirements: There must be the intent to commit a crime, and Action must have been taken toward commission of the crime.

Misdameanor crimes

are more serious than offenses or infractions, but less serious than felonies. The standard penalty for most misdemeanor crimes is usually a jail sentence of one year or less. Misdemeanor crimes include various types of property crimes and generally do not involve violence against others. Some crimes involving a low degree of violence in which there was no serious injury to the victim, such as simple assault, are classified as misdemeanors, depending on the jurisdiction. Some examples of misdemeanor crimes include the following: Petty theft Vandalism Disorderly conduct Prostitution Reckless driving Simple assault

Involuntary intoxication and unconsciousness

are similar excuse defenses. In both cases, the accused was not in total control of their actions through no fault of their own. Involuntary intoxication argues the accused was unknowingly drugged by another person using alcohol, medications, or illicit drugs. The criminal offense would not have been committed if the accused had not been intoxicated against their will. Unconsciousness might apply as a defense if the accused individual committed an offense while sleep walking, for instance.

Felony crimes

are the most serious category of crimes. Most violent crimes are felonies, particularly if the crime resulted in serious harm, injury, or death to a victim. The minimum punishment for felony crimes is a prison sentence of one year. Some felony crimes are punishable by a sentence of life in prison. Capital punishment is also a possibility for crimes such as murder in the first degree, in states with the death penalty. Examples of felony crimes include the following: First or second degree murder Aggravated assault Kidnapping The main category of treason and espionage includes what often are considered to be two of the most serious felony crimes in the United States. Treason is a betrayal of the United States specifically by a U.S. citizen. Acts constituting treason include attempting to overthrow the federal government or assisting a foreign government in overthrowing or waging war against the U.S. government. Espionage involves the dissemination of intelligence information pertaining to U.S. national defense systems to other governments, agencies, or enemies of the United States that can be used to the advantage of the recipients. Acts of espionage can be committed by U.S. citizens, as well as noncitizens.

Mental Incompetence

argues the accused individual has an impaired ability to understand that the act committed was criminal. This could be due to mental illness or cognitive impairment. Some defendants with severe mental incompetence are not able to understand the criminal charges against them. They may also lack the ability to understand the judicial process and be unable to contribute to their own defense. Such defendants might be declared incompetent to stand trial, which means the prosecution cannot try them in court. Mental health treatment might be provided instead.

provocation

as a defense makes the argument that the accused was intentionally provoked into committing the criminal offense. Such a defense might apply in a situation in which an individual who was assaulted had first verbally provoked the accused, with the intention of getting the accused to act criminally and get arrested.

age

as an defense applies to children or teens charged with a crime and tried as adults. Situations in which young people are caught breaking the law are usually handled by the juvenile justice system. Juveniles processed through the juvenile justice system are considered to be guilty of committing a juvenile offense, not guilty of committing a crime. Depending on the jurisdiction and the offense committed, older teens are sometimes charged and tried as adults.

differential association theory

considers criminal behavior to be learned. Just as individuals learn to behave in socially acceptable and law-abiding ways, they can also learn to behave criminally. Individuals who ultimately behave deviantly likely learned such behavior from the people around them, according to this theory. For instance, a person growing up in a crime-ridden, low-income inner-city neighborhood surrounded by individuals constantly committing crimes is significantly more likely to commit crimes as an adult than is a person who grew up in a crime-free suburb around law-abiding citizens. The person growing up surrounded by crime is likely to perceive it as a normal part of life and not as deviant.

alibi

defense insists the accused is innocent of the crime with which he or she is charged. Providing an alibi means the accused individual presents proof or documentation of being in the presence of a specific individual or at a specific location other than the crime scene when the crime was committed. For instance, another person can confirm the accused individual was with that person at the time the crime occurred and thus could not have committed it. Other types of evidence for proving an alibi can include anything with a date and time stamp printed on it. Types of evidence that can be used to prove an alibi include the following examples: Eyewitness testimony Surveillance videos Photographs Receipts Employment timesheets Records of credit or debit card transactions

Civil Law

encompasses the rules for contractual, and other relationships, between individuals, businesses, and organizations. Most civil law violations are a breach of contract rather than an actual crime. Civil law violations are rectified through civil lawsuits, which must be filed by the aggrieved party. Examples of areas covered under civil law include the following: Business contracts Property transfers Creation of wills Divorce Child support Child custody Liability Determining liability, if the defendant is responsible for an alleged wrong against the plaintiff, is the goal of a civil case. Where criminal cases seek to determine guilt or innocence, civil cases seek to determine liability. Interestingly, it is possible for an individual facing criminal charges in a trial court to also face an accusation of liable in a civil court for the same offense. In criminal cases, a guilty verdict is accompanied by some criminal sanction, such as imprisonment. Criminal sanctions are not imposed on defendants found liable in civil cases. Instead, some form of compensation, usually monetary, is imposed. One of the most notable examples of an accused individual facing both criminal charges and a civil lawsuit for the same offense(s) is that of legendary former NFL football player Orenthal James Simpson, a.k.a. O.J. Simpson. Simpson was tried in criminal court for the murders of both his ex-wife Nicole Brown Simpson and her friend Ronald Goldman and was found not guilty on both counts. Years later, family members of the victims filed a wrongful death lawsuit against Simpson in civil court. In that case, Rufo, et al. v. Simpson, 1997, Simpson was found liable for the deaths of both Nicole Brown Simpson and Ronald Goldman and ordered to pay monetary damages.

Administrative law

includes the codes, rules, and regulations governing the operation of federal, state, and local government agencies. In short, administrative law dictates how these agencies should operate. In many cases, violations of administrative law are not crimes. In situations where administrative law is not followed, such cases are often settled out of court. Examples of areas governed under administrative law include the following: Tax laws Health codes Building codes Vehicle registration laws Laws restricting waste disposal and pollution Customs laws Product safety laws Manufacturing laws Agricultural laws Immigration laws

Solicitation

involves asking someone else to commit a crime on your behalf. A woman hiring a hitman to kill her spouse is an example of solicitation. Interestingly, even if the hitman chooses not to commit the crime, the woman can still be charged with solicitation to commit murder.

attempt

involves trying to commit a crime but failing to carry it out to completion. A perpetrator who is interrupted by security while attempting to commit burglary and never actually completes the crime can still be charged with the inchoate offense of attempt to commit burglary.

conspiracy

involves two or more people forming an agreement to commit a crime together. Planning to commit a crime is a chargeable offense even if the co-conspirators never carry out the crime.

Hedonistic Calculus

is a classical theory of crime and social control developed by a philosopher named Jeremy Bentham during the late 1700s and early 1800s. In line with classical thinking, Bentham believed people employed free will to decide whether or not to engage in criminal activities. He reasoned that people would avoid committing crime when the punishment for the crime was severe enough to outweigh whatever benefit was to be gained from committing the crime. In sum, people calculate the risks and rewards of different actions and choose to act in whichever way offers the most gain.

Routine Activities Theory

is a neoclassical theory stating crime occurs when the opportunity exists. Further, opportunities to commit crime arise while people are doing routine activities. For instance, some individuals routinely withdraw cash from ATM machines. A potential offender who happens to pass by an ATM at night just as another person is withdrawing money might decide to steal that money. The opportunity to commit the crime of theft or robbery, depending on whether or not force was used, came about while people were participating in routine activities. Routine Activities Theory emphasizes the role of routine factors in the commission of crime rather than social, psychological, or other factors. In the ATM example, an isolated location, the absence of a security guard, and the cover of night are all factors increasing the likelihood of a crime being committed. When the opportunity exists, crime is more likely to occur.

Police Fraud

is a related defense because it also involves representatives of the law. This defense is used when police officers are believed to have acted unethically, and possibly illegally, such as by planting evidence to frame a particular individual for a specific crime.

labeling theory

is a social process theory positing that negative labels lead to negative behavior. For instance, a young person who is labeled as deviant, difficult, or troublesome will continue acting according to the negative label. The negative label can eventually lead to involvement in criminal activities. The theory asserts that applying a negative label to an individual increases the likelihood of that person behaving in a negative manner consistent with the label. Further, negative labels can have an even more profound and devastating impact when applied by an authority figure, such as a parent, teacher, principal, or police officer. An important aspect of Labeling Theory is that the label affects the labeled individual and impacts how others perceive and treat the labeled individual. A person who is labeled as deviant, delinquent, or criminal might be ostracized by others and denied certain legitimate opportunities in society. Limited opportunities leave the negatively labeled individual few law-abiding options, which can further encourage involvement in illegitimate or criminal activities.

Subcultural Theory

is a sociological theory examining crimes committed by deviant subcultural groups, such as gangs. These groups are considered deviant because they reject traditional social values and embrace opposing values, such as violence and a criminal lifestyle. The members of deviant subcultural groups might feel rejected by mainstream society, whereas they are accepted within their subculture. Acceptance within the subcultural group encourages individual members to adopt the alternative values of the group, even when those values are criminal and directly oppose traditional social norms. Group members uphold the values of the subcultural group that accepted them.

behavioral conditioning

is an approach to changing behavior through the use of rewards and punishments. Rewards increase desired behaviors, while punishments decrease undesirable ones. In a criminal context, behavior can be conditioned to be more socially acceptable (less deviant or criminal) through the use of rewards and punishment. Behavioral conditioning advocates believe that individuals behave defiantly because they were not punished for inappropriate behavior or were even rewarded for deviant behavior. A person can be conditioned to stop engaging in criminal or deviant behavior when they are punished for it and rewarded for desirable behavior.

Rational Choice Theory

is another neoclassical theory that recognizes the role of free will in the choice to commit crime. Although Rational Choice Theory and Routine Activities Theory both state individuals have free will and choose whether or not to commit crime, Rational Choice Theory differs slightly because it considers individual motivation to commit crime, whereas Routine Activities Theory primarily looks at the circumstances that create opportunities to commit crime. Similar to Bentham's Hedonistic Calculus, Rational Choice Theory takes the risks and rewards of criminal behavior into account. Some individuals make a rational choice to commit crime when the risk of punishment is low or worth whatever reward is to be obtained from committing the crime. Likewise, other individuals make the rational choice to avoid criminal activity because the actual punishment or risk of punishment is not worth the potential reward to be gained from committing the crime. Consider the following example: A parent has a child with a chronic illness who requires a special medication daily. The medication is too expensive, but the child needs it to survive. The parent is presented with an opportunity to steal the medication. There is a high risk of being caught and ultimately going to prison. However, the parent might make the rational choice to risk being caught and imprisoned and steal the medication because the reward of saving the child's life is worth it.

social control theory

is another social process theory that considers deviant behavior as learned behavior. Laws, rules, and behavioral expectations are all forms of social control, intended to keep people from violating rules or breaking the law. People who form strong social attachments through family, school, or work are more likely to abide by the expectations of family and friends, the rules at school or work, and the laws of society. Existing social controls are effective for promoting socially acceptable conduct among these people. Conversely, Social Control Theory suggests that individuals without strong social attachments are less motivated by social controls such as rules and laws. These individuals are more likely to break the law and commit crimes.

robbery

is the second most commonly committed type of violent crime, accounting for 26.6 percent of all violent crimes committed in 2016. The crime of robbery is the act of committing theft while using force or threatening to use force in the presence of potential victims. Force can be imposed or implied through the use of a weapon, such as a gun, or through physical force, such as pushing, punching, or kicking. The use of force is an important aspect of robbery that distinguishes it from larceny. Property is stolen in both robbery and larceny; presence of victims and the use of force distinguish the crime of robbery from that of larceny. Property is specifically stolen in the presence of a victim through the use of force in robbery. Larceny does not involve the use of force and can occur in the absence of the property's owner or some other person. Attempted robberies that are not completed or ultimately unsuccessful are still classified as robberies in the UCR program's annual crime data.

rape

is the third most commonly committed type of violent crime in the United States. More than 95,000 rapes were reported to law enforcement agencies in 2016 and accounted for 7.7 percent of all violent crimes committed. Crime data collected on rape by the FBI's UCR program include completed rapes, attempted rapes, and assault with the intent to rape. The definition of rape, developed by the FBI's UCR program, is as follows: "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim." Murder is defined by the FBI's UCR Program as the unlawful and willful killing of a person. Murder accounted for 1.4 percent of all violent crimes committed in 2016, which is lower than the percentages for aggravated assault, robbery, and rape. As with other types of crime, each state defines what constitutes different degrees of murder. Most states, as well as the federal government, distinguish between first- and second-degree murder. First-degree murder is premeditated, while second-degree murder is not. However, in both cases there is an intent to kill. Premeditated murder is one in which the perpetrator planned the killing ahead of time. This type of murder often carries the most severe punishment at both the state and federal levels. Second-degree murder refers to situations in which a perpetrator ends up killing someone, although they did not originally plan to do so. In other words, the perpetrator did not plan the killing in advance. The killing was committed in the heat of the moment. In some states, and at the federal level, manslaughter is another crime involving the death of a victim. However, manslaughter differs from first- and second-degree murder because it does not necessarily include the willful or intentional killing of a human being. Manslaughter usually refers to situations in which offenders act negligently and should have known their actions could lead to serious injury or the death of another human being (Schmalleger, 2013). An individual who drives drunk and causes the death of another person could be charged with manslaughter. It is up to the state or federal agency with jurisdiction to determine if such a situation qualifies as manslaughter or a lesser degree of murder. The FBI has also identified a separate category of killings not constituting murder, referred to as justifiable homicides. Justifiable homicides involve the willful killing of another person, but the killing is justified. Examples of justifiable homicide include a police or law enforcement officer killing a felon in the line of duty, or a homeowner shooting and killing an armed intruder in self-defense

Durress

is used as a defense in situations in which the accused was coerced into committing a crime. For example, accused individuals could argue they feared for their lives, or the lives of their children, if they did not go along with the perpetrators forcing them to participate in criminal activity.

Entrapment

is used as a defense when an accused person was manipulated into committing a crime by a representative of the law when that person would never have committed the crime otherwise. For example, an individual who has never bought or used illegal drugs finally does so after being repeatedly pressured by an undercover police officer. The defense of entrapment argues that the undercover officer coerced the innocent individual into engaging in illegal activities.

insanity

makes the claim that an individual is not responsible for committing a criminal act due to mental illness. The accused was not mentally capable of understanding either what they were doing while committing the crime or that what they were doing was illegal. The insanity defense makes for interesting television or movie viewing but is rarely used as a defense in actual trials.

strain theory

proposes that when a person embraces such social goals as wealth, status, and power, but does not have the means to achieve those goals, a strain develops. There is a strain between what the person wants and what they can actually have. Not everyone has the same access to higher education or gainful employment, both of which can lead to achieving such socially desirable goals as wealth and status. Some individuals accept the fact they cannot attain the same things others might have achieved, although they might still desire these things. Other individuals cannot accept that they will not be able to attain certain socially desirable goals. They may have such a strong desire for things that society has conditioned them to want that they are willing to pursue criminal means to attain those things. For example, selling illegal drugs is one means of attaining wealth and possibly power, which are both things embraced by mainstream society. Selling drugs to achieve those things, however, is a socially unacceptable means of getting there. Strain Theory states that the strain of wanting what is not possible prompts some individuals to turn to criminal means of fulfilling socially promoted desires.

Statutory law

refers to established written law. Statutory law comprises statutes and codes that outline laws, rules, and regulations pertaining to civil and criminal matters. There are two types of statutory law: substantive criminal law and procedural law. Substantive criminal law defines what constitutes criminal conduct and provides guidelines for imposing punishment when crimes are committed. Procedural law describes the proper procedures to follow throughout the criminal justice process. It regulates such activities as gathering evidence during the investigation of crimes, trial procedures, and the processing of offenders through the criminal justice system from arrest to incarceration.

Criminal Law

refers to the penal codes that list and define conduct that is considered criminal in a particular jurisdiction. Also included in the penal codes are descriptions of the punishments corresponding to specific crimes. In short, criminal law defines crimes and specifies the consequences for committing those crimes. When criminal law is violated, prosecutors for the jurisdiction in charge determine if sufficient evidence exists to file formal charges against the accused in court. Consider the following example of criminal law as it applies to the crime of robbery in the state of California. "Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear" (California Penal Code 211). California Penal Code 213 outlines the punishments for different degrees of robbery. For instance, first-degree robbery is punishable by a state prison sentence of between three and nine years; second-degree robbery carries a state prison sentence of between two and five years. Other states, as well as the federal government, have similar penal codes for robbery as well as all other crimes covered in the criminal law for their jurisdictions.

Offenses

sometimes called infractions, are minor violations of the law that do not involve a criminal act against a person or property. Offenses do not necessarily involve arrest or prosecution. Citations and tickets are issued instead. Punishment, if any, is typically in the form of a monetary fine. Warnings are sometimes issued instead of imposing a fine. Examples of offenses include the following: Driving over the posted speed limit Failing to wear a seat belt Parking in a restricted zone Disturbing the peace Violations of building codes Jaywalking Littering

Phrenology

sometimes referred to as crainiology, is the study of the shape of the head and was developed by Franz Joseph Gall, a physiologist and neuroanatomist. Gall began studying the brain during the late 1700s and early 1800s and thought the shape of the skull could reveal certain aspects of an individual's personality. Gall believed the likelihood a person might engage in criminal behavior could be determined by the shape of the skull. Bumps or depressions in specific areas of the skull were believed to be indications of the propensity to commit certain types of crime. For instance, a bump or depression in a particular location on the skull could be a warning sign that an individual is likely to commit or attempt to commit murder at some point.

A mistake of law or a mistake of fact

t are also possible excuse defenses. Mistake of law is used to argue someone was not aware a particular act was illegal. It is rare that mistake of law is accepted as a defense because it is the responsibility of every member of society to know the law. Mistake of fact is a valid defense in cases in which someone made an innocent mistake, such as mistaking another person's property for your own. Mistakenly taking another person's bicycle that looks exactly like your bike, from the same rack where you parked your bike, could be considered a mistake of fact versus theft.

aggrivated assault

the most commonly committed type of violent crime and accounted for 64.3 percent of all violent crimes reported to law enforcement in 2016. Aggravated assault is the unlawful attack on one human being by another with the intent to cause serious injury. Aggravated assault often involves the use of a deadly weapon, such as a firearm, knife, or other weapon with the capacity to inflict great bodily harm. Incidents in which an attack would be considered lawful include attacks done in either self-defense or defense of others. Attempting to attack another person with a deadly weapon is still considered aggravated assault even if the attack is interrupted or unsuccessful. The definition of aggravated assault and the sanctions for it are determined by each state, as well as by the federal government for offenses committed at the federal level.

mans rea

translates to "guilty mind" and refers to an individual's mental state at the time the crime was committed. The individual must have either had the intention to commit a crime or acted negligently in order for mens rea to be demonstrated. The four types of mens rea are as follows: Purposeful refers to the intentional commission of a crime. The accused individual purposefully committed the crime, despite knowing the act was criminal. A person holding up a convenience store to obtain money is purposely committing a crime in order to gain something specific. With purposeful intent, the perpetrator knows the act is against the law and intentionally commits it anyway. Knowing refers to people engaging in irresponsible behaviors that they know can possibly result in the commission of a criminal act. They might not have the intention of committing a crime but are still considered guilty if they know in advance that their behavior can potentially become harmful or criminal. An example of a person being guilty by knowing, would be that person lending their vehicle to a friend knowing that the friend will use the vehicle to transport marijuana across state lines. If the friend borrowing the vehicle does transport marijuana across state lines, the vehicle owner who lent their car, knowing it would be used in the commission of a crime, can also be charged with a crime. Reckless behavior might not always intend to commit a crime but is still considered to have a guilty mind if a crime occurs. This is because that person should know the reckless behavior could lead to a criminal act, such as serious injury or death to others. An example of reckless conduct leading to a criminal act is causing a fatal automobile accident due to driving while intoxicated. Negligent behavior is acting irresponsibly or failing to do what a reasonable person would do in a similar situation, when others suffer harm as a result. Negligence is the least culpable type of mens rea because the negligent individual did not intend to commit a crime, did not know a crime could occur, and was not necessarily acting recklessly. An example of negligent behavior resulting in harm to others would be leaving a ladder raised against a house unattended so that neighborhood children climbed it, fell off, and sustained broken bones or other injuries.