Criminology Test 3

How much does the criminal justice system cost for federal, state, and local governments?

$200 billion a year

Making of the rural ghetto

-concentrated power -segregated neighborhood -stigma

Technology used during investigations

-fingerprints -mug shots (identifiers) -modus operandi (MO) - methods of particular offenders -sting operations, might encourage offenders to break the law, controversial -moral or vice squads pose as customer of an illicit activity

Trends of US gangs compared to other countries

-more members come from single-parent home in US (compared to other countries) -more members -younger age -more females -whites, blacks, and hispanics are much closer in percentages in the US

Reasons for enterprise crime

-rational choice: greed -rational choice: need rationalization/neutralization theory view - rationalizing guilt, saying it wasn't that bad cultural view - some organizations promote criminal enterprise in the same way that lower class culture encourages juvenile gangs and street crime

Tools that the police use to investigate crimes

-the ability to detain someone for 24 hours without making an actual arrest -the patriot act allows police to make arrests when there is a possibility of terrorism, law enforcement discretion -miranda rights (custodial interrogation)

Process of justice

1. Initial contact 2. Investigation 3. Arrest 4. Custody 5. Complaint/charging 6. Preliminary hearing/grand jury 7. Arraignment 8. Bail or detention 9. Plea bargaining 10. Trial/adjucation 11. Disposition 12. Post-conviction remedies 13. Correctional treatment 14. Release 15. Post-release/aftercare

Financial malfeasance reading's 3 main findings

1. capital dependence on investors creates opportunities 2. managerial strategies that increase shareholder value creates opportunities 3. multilayer subsidiary form that permit PAC's creates opportunities financial malfeasance is more about the culture in corporations that fosters and breeds these kind of economic activities

Netherlands reading

1. prevalence of 6% in N and 8% in US 2. risk factors and behaviors associated with membership in both countries is similar 3. older, slightly more likely to be male 4. single parent homes for US a factor 5. not disproportionate number of foreigners in Dutch gangs 6. self control, social learning and control distinguish gang from non gang

Rampage school shootings must...

1. take place on a school-related public stage before an audience 2. involve multiple victims, some of whom are shot simply for their symbolic significance or at random 3. involve one or more shooters who are students or former students of the school

How many people are under some form of correctional supervision in the US?

7 million (2 million in prison, 5 (or 8-10???) million being supervised by the community), 70 million overall have been incarcerated

What is meant by the criminal justice assembly line? A. it is a decision process of whether or not to keep defendant in the criminal justice system B. it refers to the system of dealing with criminals as cheaply as possible C. it provides the defendant with emotional stability D. it refers to the system of dealing with criminals as quickly as possible

A. it is a decision process of whether or not to keep defendant in the criminal justice system

Which of the following is not one of the concepts of justice models? A. crime control B. equal justice C. dual theory processing D. dual process

C. dual theory processing

How is green crime controlled?

Clean Water Act, Emergency Planning and Community Right-To-Know Act, Endangered Species Act, and Oil Pollution Act, and citizen groups law enforcement authority given to Environmental Protection Agency which has a Criminal Investigation Division

Which models are currently popular among the general public and legislators?

Crime control and equal justice

Gang world reading

Hector's image - that of a young, minority, "inner-city", male gang member - is transmitted, exploded, and glamorized across the world. The increasing mobility of information via cyberspace, films, and music makes it easy for gangs, gang members, and gang wannabes to get information, adapt personalities, and distort gang behaviors. most of these images of gang life include luxury, which is not the norm in reality two images of street gangs in populace's minds are gangs as posses of drug dealing thugs and more recently gangs as terrorist organizations, but only 34% deal drugs and only a few gangs have far enough reach and influence to be involved in terrorism street gangs and gang violence have increased dramatically with globalization since industry jobs are being moved to third world countries, leaving poor neighborhoods geographically and socially isolated paradox - gangs are a global phenomenon not because the groups themselves have become transnational, but because of the recent hypermobility of gang members and their culture when people move they take the culture with them, thus expanding gang culture (more likely with races who immigrate) deportation causes this proliferation to happen in the countries that they are deported to, causes unintentional state-sponsored gang migration, exporting gangs more than we are importing more sophisticated gangs may be using the internet for illicit purposes, but few members discuss or have access to the internet gang members that are incarcerated return to a community where there are no viable opportunities for them a lot of members don't realize how globalized it is and people think they're high tech but they're really not and they're not as smart as we think they are majority of gangs don't fit stereotypical picture that media presents of the gang

Difference between jail and prison

Jail is short term and used to hold those awaiting trial or serving a short sentence, prison for long term sentences

Is there a distinction between cross-national gangs and the traditional Mafia?

The differences aren't that great; these new organizations are manifestations of the same underlying conduct and the same pool of criminal offenders who exploit similar criminal opportunities

Community sentencing

a broad term used to encompass alternative sentences, i.e. those that don't involve jail time. includes community service, house arrest, and mass supervision like parole, probation, etc. this type of sentencing has moved to the forefront as the cost of justice has skyrocketed and the correctional system has become increasingly overcrowded

White collar swindle

a crime in which people use an ongoing business enterprise to fraudulently expropriate money from unsuspecting victims over an extended period of time. criminal enterprises are created specifically to engage in illegal activity

Transnational organized crime

a criminal enterprise that involves the planning and execution of the distribution of illicit materials or services by groups or networks of individuals working in more than one country

Criminal justice system

a loosely organized collection of agencies charged with maintaining social control, protecting the public, preventing crime, preserving order, enforcing the law, identifying transgressors, bringing the guilty to justice, treating criminal behavior, and administering justice in a fair and even-handed manner

Green crime

acts involving illegal environmental harm that violate environmental laws and regulations, including illegal logging, illegal wildlife exports, illegal fishing, illegal dumping, and illegal polluting legalist view - environmental crimes are violations of existing criminal laws designed to protect people, the environment, or both environmental justice view - limiting environmental crimes to actual violations of criminal law is too narrow biocentric view - environmental harm is viewed as any human activity that disrupts a biosystem, destroying plant and animal life, more radical

Pilferage

an individual's (like an employee) use of their positions to embezzle company funds or appropriate company property for themselves

Ponzi scheme

an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors

Gang or troublesome youth as defined by Eurogang Program of Research

any durable, street-oriented youth group whose involvement in illegal activity is part of their group identity

Crime Commission (Commission on Law Enforcement and the Administration of Justice)

appointed by Lyndon Johnson to come up with recommendations for criminal justice reform, resulted in the passage of the Safe Streets and Crime Control Act, which launched massive campaign to restructure system through funding of the Law Enforcement Assistance Administration (LEAA). this established the concept that component agencies of system are unified parts of one integrated system

Equal justice model

asserts that all people should receive the same treatment under the law, claims that two people who commit the same crime should receive the same sentences, punishment, and treatment. also presents the idea that people with mental disabilities should not be tried in the same way as everyone else

Nonintervention model

calls for limited intrusion by the government into people's lives, especially minors who run afoul of the laws because of the idea that the stigmatization of a criminal label by government intervention erodes social capital and jeopardizes future success and achievement. this model advocates for deinstitutionalization of of non-serious offenders, diversion from formal court processes into informal treatment programs, and decriminalization of non-serious offenses, such as possessing small amounts of marijuana

Due process model

combines elements of liberal/positivist criminology with the legal concept of procedural fairness for the accused. based on individualized justice, treatment, and rehabilitation of offenders. this model is seen as a protector of civil rights, and as a method for dispensing "treatment" to "needy patients", rejects crime control philosophy because it ignores the needs of offenders, who are people that society has failed to help

How is white collar crime controlled?

compliance strategy - attempts to create a marketplace incentive to obey the law, and they avoid punishing, stigmatizing, and shaming businesspeople deterrence strategy - includes detecting criminal violations, determining who is responsible, and penalizing the offenders to deter future violations

State police

created because of low regard by the public for the crime fighting ability of local police agencies, increasingly greater mobility of law violators (automobiles allowed criminals to flee jurisdiction of local police before an investigation could be mounted), and because it gives governors a powerful enforcement arm that is under their personal control rather than that of city politicians

Harms perspective

crime is a social construction that can and should be expanded to include all serious social harms, so it would be appropriate to sanction toxic waste dumping or air pollution severely because they cause residual harm that will last many years however, in many instances, this action is punished civilly and not criminally

Chiseling

crimes that involve using illegal means to cheat an organization, its consumers, or both on a regular basis can include charging for something that never delivered or overbilling for services not received, shortweighing in supermarkets, diluting drugs

Activities of TOC

cultural property trafficking (artifacts), piracy, human trafficking, migrant smuggling, and organ trafficking

Rehabilitation model

embraces the notion that, given the proper care and treatment, criminals can be changed into productive, law-abiding citizens. basis is that people are forced into crime based on their circumstances, and that they are basically victimless

Indeterminate release

encourages inmates to engage in treatment programs by promising early release if they can convince correctional authorities that they've been rehabilitated

Fusion centers

exchange information and intelligence, maximize resources, streamline operations, and improve ability to fight crime and terrorism by analyzing data from different sources

Racketeer Influenced and Corrupt Organizations Act (RICO)

federal legislation that enables prosecutors to bring additional criminal or civil charges against people whose multiple criminal acts constitute a conspiracy

Expoitation

forcing victims to pay for services to which they have a clear right

Management fraud

fraudulently receiving increases in compensation, such as bonuses (like Wells Fargo managers)

Goals of punishment

general deterrence, specific deterrence, incapacitation, equity, diversion, desert/retribution, rehabilitation, and restoration (8)

Determinate sentence

gives a set number of years to be served in prison

Broken windows reading

has an important impact on policing, and since its publication, there has been continuing reanalysis of the police role calls for community-oriented policing, in which police maintain a presence in the community and inspire a feeling of public safety. community preservation, public safety, and order maintenance - not crime fighting - should become the primary focus of police there has been a significant increase in community policing activities in recent years and certain core programs such as crime prevention activities have become embedded in the police role very decentralized, focuses on each individual neighborhood

Broken window theory

if a window in a building is broken and is left unrepaired, all the rest of the windows will soon be broken. this is as true in nice neighborhoods as in rundown ones. window-breaking does not necessarily occur on a large scale because some areas are inhabited by determined window-breakers whereas others are populated by window-lovers; rather, one unrepaired broken window is a signal that no one cares, and so breaking more windows costs nothing. vandalism can occur anywhere once communal barriers—the sense of mutual regard and the obligations of civility—are lowered by actions that seem to signal that "no one cares." "untended" behavior also leads to the breakdown of community controls reason why we have hotspot policing when small crimes that are unchecked lead to big ones, and eventually you might as well scrap all the windows in the house more about the underlying social disorder and structural disorganization of a community that people don't see it's what you can't see about a neighborhood, the structure, that gives viability to the broken window theory this is why surveillance and over policing happens neighborhoods are subsequently over-resourced

Insider trading

illegal buying of stock in a company based on information provided by someone who has a fiduciary interest in the company, such as an employee or an attorney or accountant retained by the firm. federal laws and the rules of the Securities and Exchange Commission require that all profits from such trading be returned and provide for both fines and a prison sentence, profiting from inside business information

Exclusionary rule

illegally seized evidence cannot be used during trial

Proactive policing (deterring crime before it happens)

implementing aggressive police patrol to deter crime by creating the perception that that police arrest many criminals and that most violators get caught. also helps crime control since it results in the conviction of more criminals, meaning less are out on the streets. proactive policing can be dangerous when police start to use racial profiling in making arrests. includes crime mapping/hotspots crimes deterred may also be affected by paperwork, more paperwork = less crimes caught/punished

County law enforcement

includes the sheriff whose duties vary according to the size and degree of development of the county. standard tasks include serving civil processes (summons and court orders), providing court security, operating the county jail, and investigating crimes

Characteristics of transnational organized crime

is a TOC if... -committed in more than one state or nation -committed in one state or nation but a substantial part of its preparation, planning, direction, or control takes place in another state or nation -involves an organized criminal group that engages in criminal activities in more than one state or nation -has substantial effects in another state or nation -involves continuous commitment by primary members -usually structured around hierarchical liens -economic gain is motivating factor -contemporary global syndicates engage in business crimes such as land fraud, computer crime, and laundering money through legitimate businesses -intimidation, violence, and corruption are employed -TOC groups are quick and effective in controlling and disciplining their members -crime depends heavily on instruments of the IT age -don't include terror organizations, though there may be overlap (TOC's provide aid)

American Bar Foundation

kicked off the modern era of criminal justice study, explored the criminal justice process and brought to light some of the hidden or low-visibility processes that are at the heart of justice system operations. showed that informal decision making and the use of personal discretion are essential ingredients of the justice process (because of these two factors, a great majority of cases are screened out of the system before trial)

What factors makes it easy to commit white collar crime?

lack of policy and regulation creates a structure in corporations that make it easy to commit crime, and this structure comes from neoliberal policies enacted between 1986 and 2000

Procedural laws

laws that control the actions of the agencies and define the rights of criminal defendants. Earl Warren's influence in the Supreme Court led the court to be more active in the affairs of the justice system and create the laws that supervise its actions

Metropolitan police

local police departments that range in size from the New York City Police Department, with 40,000 full-time officers, to rural police departments, which may have only one part-time officer. most larger urban police departments are independent agencies that operate without specific administrative control from any higher government authority. local police's main roles are to investigate crimes, identify suspects, and make arrests

Federal law enforcement (all under Homeland Security)

maintains about 50 organizations that are involved in law enforcement, includes FBI (investigative agency), Drug Enforcement Agency DEA (enforces and carries out surveillance on illegal drug use), Bureau or Alcohol, Tobacco, Firearms and Explosives ATF (has jurisdiction over sales), and the International Revenue Service IRS (enforces violations and pursues violators)

Restorative justice model

maintains the true purpose of the criminal justice system is to promote a peaceful, just society, and it advocates for peacemaking instead of punishment. this model claims that punitive methods of correction (jail, prison) are no more effective than more humanitarian efforts (probation with treatment) that gives victims more closure, humanistic approaches,ing, not punishment, victims forgive offenders

Sources of procedural law

most important source is the Bill of Rights, originally only applied to the federal government and then was applied to the the 14th amendment. ultimately, it is the Supreme Court that interprets the Constitution and and sets out procedural laws that must be followed by the lower federal and state courts

Wickersham Commission (National Commission of of Law Observance and Enforcement)

national study group appointed by Herbert Hoover that analyzed the American justice system in detail and helped usher in the era of treatment and rehabilitation, exposed how difficult it was for justice personnel to keep track of the legal and administrative complexity

Alternative sanctions

new form of corrections that fall somewhere between probation and incarceration, include fines, forfeiture, home confinement, electronic monitoring, intensive probation supervision, restitution, community corrections, and boot camps

Client fraud

occurs when an organization that either advances credit, provides loans, supports people financially, or reimburses them for services provided to a third party is the target of criminal activity, like insurance fraud, bank fraud, credit card fraud, fraud related to welfare and Medicare programs, and tax evasion. the client is the criminal in this case

Enterprise crimes

ongoing illegal activities by an individual or a group of individuals involved in commerce that either violate the laws regulating legitimate business or whose acknowledged purpose is profit through illegitimate commercial enterprise involves illegal business practices (embezzlement, price fixing, pollution, dumping, bribing, etc.) to merchandise what are normally legitimate commercial products (securities, medical care, disposing of computer equipment, etc.). can also involve using standard business methods and accounting to market illegal goods (drugs) and services (money laundering, gambling)

Courtroom work group

pattern of cooperation between judges, prosecutors, and public defenders to get cases processed quickly and efficiently. most cases (90%) are handled with a quick plea bargain and sentencing called "bargain justice" so that the system doesn't get overloaded. this system causes wealthy and poor citizens to receive unquestionably different treatment when accused of crimes

Pilferage and chiseling

pilferage is when money is stolen from a company by employees, chiseling is when money is stolen from both employees and consumers

Parole

planned release and and community supervision of incarcerated offenders before the expiration of their prison sentences

Problem-oriented policing

problems are better defined narrowly, the focus should be on, for example, reducing larceny at the mall on weekends, not a general reduction in the crime rate. identifies particular community problems and develops strategies to counteract them

Probation

provides offender with the opportunity to prove themselves, gives them a second chance, and allows them to be closely supervised by trained personnel who can help them reestablish proper forms of behavior in the community

Intelligence-led policing

refers to the collection and analysis of information to produce informed police decision making at both the tactical and strategic level

Truth-in-sentencing laws

require offenders to spend a substantial portion of their prison sentences behind bars

Reactive policing

responding to calls for help, getting to crime after it happens

Religious swindles

swindles targeted at those that are religious, by either making fraudulent charitable organizations or creating investment funds based on religious values (or taking advantage of religious pilgrimages)

Criminaloid

term coined by Edward Alsworth Ross to describe the kind of person who hides behind his or her image as a pillar of the community and paragon of virtue to get personal gain through any means necessary

White collar crime

term coined by Edward Sutherland, defined as a crime committed by a person of respectability and high social status in the course of his occupation great majority of white collar criminals did not even become the subject of criminological study until recently because these crimes were handled by the civil courts rather than criminal, as injured parties were more concerned with recovering their losses than with seeing the offenders punished criminally these offenses breed distrust in economic and social institutions, lower public morale, and undermine faith in business and government

Why is it so difficult to eradicate transnational gangs?

the gangs are ready to use violence, gangs that are taken out are soon replaced as long as money can be made, adding to control problems is the fact that the drug trade is an important source of foreign revenue for the economies of third world nations, and the US has little influence in some key drug-producing areas such as Afghanistan and Myanmar

How does the general public view white collar crime?

the general public views white collar crime seriously, considering them more damaging than traditional crimes (National White Collar Crime Center). the annual cost can be as high as $660 billion a year, losses that far outstrip the cost of any other type of crime beyond monetary cost, it can cause significant economic, social, and personal damage. it destroys confidence, saps the integrity of commercial life, and has the potential for devastating destruction

Hands-off doctrine

the policy of the courts before Earl Warren where courts exercised little control over operations of criminal justice agencies, believing that their actions were not an area of judicial concern

Crime control model

the purpose of the justice system is to protect the public, deter criminal behavior, and incapacitate known criminals. "throw them in prison and throw away the key", based on rational choice - maximize pleasure and minimize pain of society

Why is it difficult to estimate the extent and influence of white collar crime?

these crimes are not tallied by either the UCR or NCVS also, the full extent of white collar crime will probably never be fully known because 70% of victims are reluctant to report their crime to police, believing that nothing can be done and that getting further involved is pointless

Telemarketing swindles

these occur when someone calls the victim, makes a false statement, and the misrepresentation causes the victim to give money to the caller. scammer gets victim's personal information or access to their computer to steal money

What is primary job of the police?

they are the gatekeepers of the criminal justice process

Prison industrial complex

three parts to the prison industrial complex 1. politicians exploiting crime legislation to secure votes 2. private companies seeking profits by serving or operating prisons, and 3. rural town leaders using prisons for economic development PIC meets a socioeconomic goal if you have equal numbers of prisoners across states, should have same number of prisons, but thats not how it is not building more prisons because we have more prisoners, more prisons means more money, using people's bodies as a commodity all people alike want prisons, because they want to uphold the reputation of their town, more about social power, as poor minority groups are growing in towns, more prisons are built, their population rises, and wealthy move out of town want prison as a way to cure the rise of the rural ghetto wealthy people, interracially, don't like people in their race that are poor prison in one town, no prison in the other, prison town does way better, but building prison has more to do with more than just economic gain PIC is marxist, penal is about bavarian approach, iron cage of bureaucracy and how most prisons are state and federal

Influence peddling

using an institutional position to grant favors and sell information to which their co-conspirators are not entitled, taking bribes to use ones position to grant favors and give information

Concepts of justice

various philosophies or viewpoints held by practitioners and policymakers of the criminal justice system that affect how the system is managed. they include equal justice, crime control, due process, rehabilitation, nonintervention, and restorative justice

Criminal justice-assembly line comparison

view by Herbert Packer stating that each of the stages of justice is actually a decision point in which cases are removed from the system or continued on the journey to formal resolution with a conviction and sentencing

Chicago Crime Commission

was the forerunner to law enforcement agencies, acted as a citizens' advocate group and kept track of the activities of local justice agencies, first time agencies worked together in systematic fashion

Corporate crime

white collar crime involving a legal violation by a corporate entity, such as price fixing, restraint of trade, antitrust violations, hazardous waste dumping, and false advertising