Criminal Justice Chapter 2-3 (short answer)

Explain the three premises that formed the basis to Cesare Beccaria's legal system reforms.

1) People commit crimes based upon decisions based on free will, logic, and rationality. 2) Deterrence and proportionality 3)It is better to prevent crimes than to punish

Identify the four reasons why we measure crime

1) to reveal the nature and extent of a crime, which serves as one measure of the well-being of the nation. High crime indicates social problems. 2) To evaluate policy and assess if a criminal justice or crime control policy has been successful. 3) To identify groups who have been suffering disproportionate levels of victimization. 4) To allow researchers to discover the causes of crime, offending, and victimization.

Explain the difference between advanced cybercrime (or high tech crime) and cyber-enabled crimes

Advanced cybercrimes, according to Interpol, are sophisticated crimes that are focused on computer hardware and software (ex. viruses, malware). Cyber-enabled crimes are traditional crime made possible with the introduction of the internet (ex. crimes against children, financial crimes, cyber terrorism).

Explain the limitations of official crime data such as the traditional Summary Reporting System and the National Incident-Based Reporting System

Both only include crimes that are reported to police. The data could be manipulated for political purposes by the law enforcement agencies who submit the data. Because both programs are voluntary, they are subject to a lack of reporting or incomplete reporting. National Incident- Based Reporting System in particular has limited coverage an is biased toward small agencies.

Explain why a crime victim may seek compensation through civil law proceedings

Criminal law requires a higher standard of proof to convict (beyond a reasonable doubt) compared to prevailing in a civil case (preponderance of the evidence). An offender who has been acquitted in a criminal trial may still be found liable in a civil trial, which may provide the victims with a sense of justice. A civil suit can provide compensatory damages for a victim's actual losses (ex. medical bills, lost wages), as well as punitive damages meant to punish the defendant. In cases of white-collar crimes where there are a large number of victims, a class action lawsuit brought by a single plaintiff or a small fraction may provide compensation for the larger group.

Explain the limitations of the NCVS

Data is collected at the national level, so it does not give insight into crime trends at the state, county, or local levels. Respondents must be 12 or older, so crimes against younger children are not counted. Those who participate must live in a housing unit, so the survey omits crimes against prisoners, members of the armed forces, and the homeless. The mainly collects data on street crimes, excluding white-collar crimes and social order offenses. Like all surveys, sampling error limits the reliability and validity of the data.

Differentiate between the defense of duress and necessity.

Duress is an excuse, while necessity is a justification. Duress occurs when a person is forced to commit a crime by another under the reasonable fear that they will be seriously harmed or killed if they do not. Necessity is when someone has to choose between the "lesser of two evils" and commit one offense in order to prevent a greater harm.

Explain the defense of entrapment and provide an example.

Entrapment is a procedural defense that is used when law enforcement convinces someone to commit a crime that they would not have otherwise committed. Examples may include prostitution, drug crimes, and computer crimes.

Explain why sex offender registries are not considered ex post facto laws.

Ex post facto laws (laws passed after the crime was committed). Individuals charged with sex offenses prior to the Adam Walsh Child Protection and Safety Act of 2006 are required to comply with the new provisions, including registering as a sex offender. Sex offender registries are not ex post facto law according to the Supreme Court because they are not designed to be punitive.

If you wanted to write a research paper on white-collar crime in America, where might you go to find data on these types of crimes?

Field Research and case studies from scholars, secondary data from official agencies (ex. Food and Drug Administration, EPA), the National White Collar Crime Center, and/or the NWCCRC working group. Official data from the Uniform Crime Reports Summary Reporting System and National-Incident Based Reporting System may also be of limited use.

Distinguish between the goals of general deterrence and specific deterrence

General deterrence aims to prevent crime in the general population through the perceived threat of punishment. Specific deterrence is directed toward the specific offender to stop bad behavior.

Describe how legal standards have evolved in recent history.

Laws governing cybercrimes, sex offenses, and white-collar crimes getting stricter. Legal standards evolve with technology and public opinion.

Compare the standards used for establishing insanity.

M'Naghten standard requires the jury to consider if the defendant understood what he or she was doing and if that action was wrong. Durham considers if the defendant's actions were due to mental disease or defect. The Brawner (ALI) rule requires that the defendant knows right from wrong and can control his actions. The irresistible impulse test allows for cases where the defendant knows what they are doing, knows that it is wrong, but cannot stop because of their mental illness.

What advantages does National Incident-Based Reporting System have over the Summary Reporting System?

National Incident-Based Reporting System includes information about victim and offender characteristics, type, and value of property stolen, and characteristics of arrested individuals, and it allows the FBI to gather more crime information. It also includes new crimes and contemporary definitions of crimes not used byt eh Summary Reporting System. The data better serves law enforcement, as well as policy makers and the public.

Distinguish between procedural and substantive law

Procedural law pertains to rules and regulations regarding government processes: warrants, arrest, evidence collection, and trial. Substantive law pertains to the definitions of criminal conduct.

Explain what is meant by the "rule of law" and describe the four principles associated with this concept.

Rule of Law- the principle that guides all government officers and the framework for a legitimate legal system. It should also include the principles: -members of the government are accountable under the law -laws must be clear, publicized, stable, and fair, and they must protect fundamental rights -laws are enacted, administered, and enforced in a fair and efficient manner -access to justice is denied to no one

Neighborhoods that are socially disorganized have higher levels of crime. What is meant by social disorganization?

Social Disorganization theory addresses crime in deteriorating city zones. These neighborhoods have high levels of poverty, heterogeneity, and residential mobility.

Explain why it is difficult to know how much cybercrime is occurring in the US

The Uniform Crime Reports Summery Reporting System includes some offenses that may be committed via computer (ex. fraud, gambling, embezzlement), but it does not indicate whether these crimes were committed with or without the use of a computer or network. National Incident- Based Reporting System also records several traditional crimes that may be committed using a computer, but it is unclear in the data if these are cyber enabled. NCVS occasionally includes supplements to gather information on cybercrime victimization, but the data are limited. The IC3 allows victims to file a complaint if they have been victims of cybercrime, but victims may not report or know this organization.

Summarize why it is difficult to pursue a civil case, despite the lower burden of proof.

The high cost of legal representation time investment, the idea that class action lawsuits do not provide adequate compensation, difficulty in identifying victims of white-collar crimes, and the reluctance to report white-collar crime victimization.

What are the advantages of the NCVS over official crime data collected by the Uniform Crime Reports?

This survey provides data on reported and unreported crime. It provides detailed information on crime victims, offenders, and the context of the crime. It has a high response rate (84% for housing units and 87% for persons). Since it has been ongoing for decades, it allows for analysis of trends and the ability to study difficult-to-measure crimes and small populations.

Rational choice theories view criminals as goal-oriented indivduals who commit crime when the expected reward exceeds the costs. According to this theory, how could we reduce crime?

We could reduce the rewards of the crime (ex. make crime less profitable) and/or increase the costs (ex. greater certainty of punishment, harsher punishment).