CJ 101 MSU Rojek Exam 4
parens patriae
"state as parent and guardian" the adoption of legal reforms that granted the state the inherent right to assume custody of children and a codified assemblage of childrens law culminated in the creation of a separate childrens court system in 1892
Enemy Combatant Executive Order
-Bush authorized military invasion of Afghanistan, claiming it was the base for al-Qaeda + state sponsored terrorist attacks on the US (9/11) -on Nov. 13, 2001, Bush issued an executive order concerning how certain prisoners who were captured in Afghanistan would be detained and treated -executive order declared these people unlawful combatants as opposed to prisoners or war. as unlawful combatants, their status is similar to that of enemy spies, or saboteurs who are captured behind enemy lines w/o uniform -the executive order also provided that those captured would be detained in a military prison w/o charges, w/o access to an attorney, w/o access to the civilian courts, and w/o protection of constitutional rights
McKeiver v. Pennsylvania
-McKeiver (16) charged w/ robbery + larceny as well as receiving stolen goods -his attorney requested a jury trial, which was denied, and McKeiver was put on probation -case was appealed, + USSC ruled that due process rights of the 14th amendment did not require jury trials in juvenile courts -Jury trial would most likely "destroy the traditional character of juvenile proceedings"
In re Winship
-Samuel Winship (12) charged w/ stealing $112 from a womans purse in a store -no eyewitnesses, but a witness claims to have seen Winship running from the scene just before the woman noticed the $ was missing -Court used preponderance of evidence rule (burden of proof), + ruled there was "beyond a reasonable doubt" that Winship was more likely to have committed the act than not. -Court claimed it is designed to rehabilitate offenders rather than punish them, so it was not necessary for the state to use the higher standard of proof -USSC rejected courts claim, ruled that the beyond a reasonable doubt standard, the same used in criminal trials, should be required in all delinquency adjudications
"the super fake": Hermes Birkin Bag
-a status symbol between us and them -$6,000 per bag -the demand creates a market for knock offs, amazing knock offs -Italy has the market cornered -a good fake goes for over $1,000
Enemy Combatant Executive Order (continued)
-approx. 779 captured terrorist suspects have been deemed to be enemy combatants and were not given the rights accorded by the Geneva Convention or US civilian law -they were transported to a military prison camp at Guantanamo Bay, Cuba, where they were interrogated using tactics that some (including the International red cross + amnesty international) have characterized as torture -Bush administration claimed to have the right to hold these prisoners indefinitely w/o charging them or giving them access to the civilian courts -the US military base at Guantanamo Bay may be the only site at which prisoners can be held under the conditions of president bushs executive order denying them basic constitutional rights. the US has no diplomatic ties w/ Cuba, and does not recognize the gov. of Cuba, thus those held at Guantanamo Bay cannot appeal to the cuban courts, and the USSC does not have jurisdiction
Wildlife Smuggling: African Elephants
-black market trade of ivory from tusks -over 1 million elephants killed in 20 years for their meat/tusk
reducing bullying
-bullying has been identified as a common factor among school shooters -a higher percent of females report being bullied than males
Enemy Combatant Executive Order: Military Tribunals
-bush administration provided that these accused terrorists would be tried by special military tribunals -these consist of 3-7 judges, all of whom must be commissioned military officers -the accused does not have the right to confront witnesses or to challenge evidence that in the opinion of the tribunal would reveal national security info. -the prisoner does not have the right of HABEAS CORPUS, that is, the right to challenge the lawfulness of his imprisonment
Wildlife Smuggling: Sharks
-cheap source of protein, but primarily poached/trafficked for their fins (shark fin soup) to Asia -prices around $560 US for a kilo of shark fin
Extent of Counterfeit Problem
-costs the global economy around $250 billion a year -in the US, CBP seized $1.7 billion in counterfeits goods (1.2 billion came from maineland china) -gallop polls survey of US citizens found 13% had purchased a counterfeit good ~1/2 knew it was a knockoff ~of those 13%, 60% wanted laws to be more strict
in re Gault
-court abandoned the arguments justifying equal protection for juveniles under the 14th amendment -issue presented: gault's constitutional rights to notice of charges, counsel, questioning of witnesses, protection against self incrimination, a transcript of the proceedings, and appellate review were denied -USSC agreed w / the challenge + ruled that in hearings that could result in commitment to an institution, juveniles have the right to due process -USSC made significant changes by giving juveniles due process rights similar to those of adults in court w/ regard to notice of charges, counsel, confrontation of witnesses, + self incrimination
harm of fake pharmaceuticals
-deadly consequences -vaccines -prince
Domestic (Home Grown) Terrorism
-domestic terrorists receive no funding or assistance from groups or countries outside of the US. The perpetrators of domestic terrorism are US residents but not necessarily US citizens. Domestic terrorism is frequently known as homegrown terrorism. -domestic terrorism includes acts by both groups and single individuals (lone wolf terrorism) -acts of domestic terrorism range from murder + bombings to less serious violence
radio codes
-first responder agencies no longer use "radio ten codes" in radio communication -there is no uniformity among departments as to the meanings of the various radio codes -fed gov found that these codes have the potential to cause confusion + can result in inappropriate or dangerous responses if codes are misunderstood -fed gov mandated that first responder departments that receive fed grants and funding (all police and fire departments) will use plain english rather than radio ten codes
due process rights of juveniles: burden of proof
-in re winship (beyond reasonable doubt)
harm of fake cigarettes
-in the UK alone, 500,000 counterfeit cigarettes seized a day -toxins present
International Terrorism
-international terrorism is terrorism planned, funded, and executed in part or whole by foreign states, subnational groups, or an extremist group outside of the US. -while domestic terrorist groups have committed more actions of terrorism in the US, focus of US gov since 9/11 has been on international terrorism. to a large extent, this focus has concentrated on religious groups
juvenile justice process
-juvenile comes to attention of the court -intake: first step in deciding if a law was broken -detention hearings: should the juvenile be detained, preliminary hearing (probable cause) -transfer hearing -adjudication: did the juvenile commit the crime? adjudicated delinquent instead of guilty -disposition: sentencing phase
due process rights of juveniles: jury trials
-mckeiver v pennsylvania
smuggling in the US
-most smuggled into, the US are from Latin Am + Asia (Mexico and China)
Mutual aid agreements
-mutual aid agreements ensure that neighboring jurisdictions can assist in providing personnel and resources to their impacted counterparts. 3 types of mutual aid agreements 1) mutual aid agreements w/ adjacent jurisdictions 2) mutual aid agreements among states or among agencies or different states 3) mutual aid agreements that allow states + local govs to leverage existing and new assets to the max extent possible. typically, they address such things as the mutual sharing of personnel resources + equipment, communications interoperability, and training
harm of fake condoms
-not sterile -failure rate of 2.5% -durex counterfeits in the UK
USA patriot act
-patriot act provided new powers to federal LEAs "to close gaping holes in our ability to investigate terrorists" -gave broad new powers to federal LEAs such as the FBI. the enhanced powers were so controversial that many of them had sunset provisions (a sunset provision provides a period of time for which the law is effective. at the end of this period of time, if congress does not renew the law, the law automatically expires and the power is revoked) -expands the range of crimes trackable by electronic surveillance -allows police to use roving wiretaps to track any phone a terrorist suspect might use -permits law enforcement to conduct searches w/ delayed notifications (the so called sneak and peek provision) -allows FBI agents w/ secret court orders to search personal records w/o probable cause in cases involving national security -lowers legal barriers in info sharing btwn criminal investigators and intelligence officials
mexican route
-pollos: the migrant smuggled in -coyotes: the smugglers who get the migrants across the border
Transportation Security Administration
-prior to the formation of TSA, airport security and passenger screening were the shared responsibility of the government and private airlines -after 9/11, the responsibility was transferred exclusively to the fed gov. -The Aviation & Transportation Security Act of Nov 2001 created the TSA to oversee security in all modes of travel -DHS assumed responsibility for TSA on March 1, 2002, w/ the passage of the Homeland Security Act of 2002 -primary goals of the new TSA were to increase the effectiveness and efficiency of 1) identifying passengers who were potential threats and 2) screening passengers + luggage for potential weapons + explosives -TSA (new) hired 55,000 fed passenger screeners, hired 20,000 baggage screeners, implemented screening of all cargo carried aboard commercial passenger aircraft -creation of TSA was the largest increase in federal employees in recent history
USA patriot act continued
-provides new tools for fighting international money laundering -makes it a crime to harbor terrorists -increases penalties for conspiracy, such as plotting arson, killing in federal facilities, attacking communication systems, supporting terrorists, or interfering w flight crews -makes it easier for law enf. agents to obtain search warrants wherever "terrorist related" activities occur; allows nationwide search warrants (including the monitoring of internet use, e-mail, and computer bills) in terrorism investigations -allows the attorney general to detain foreign terrorism suspects- but charges, deportation proceedings, or release must come within a week -sends more fed agents to patrol the US-Canadian border -expands fed surveillance + wiretap authority in regard to wiretapping multiple phones used by a target and obtaining info from telephone companies and internet providers
Rendition
-rendition is when the US gov arranges for the transfer of a suspected terrorist from the US or another country to a country such as Pakistan or Egypt where local authorities there can interrogate the suspect using torture -often involves the clandestine kidnapping of the "terror suspect" and the clandestine transportation of the suspect to such a country -bush administration accused of using this extreme denial of due process rights to those suspected of terrorism both in the US and in other countries such as Canada, Germany, and Italy
Wildlife Smuggling: Tigers
-skins for trophies, bones for medicines, other parts used as aphrodisiacs -since the species are extinct/ endangered it is a crime to kill the animal as well as sell the parts
smart passports
-smart passports contain microchips and a radio frequency identification system. microchips contain about 64 kilobytes of data such as name, birth date, issuing office, and biometric identifier such as a photograph, iris scans, and a digital footprint of the traveler
chinese route
-snakeheads: smugglers who bring in chinese immigrants
black market organs
-statistics hard to come by -what we do know: ~donors come from countries with high levels of poverty (Moldova, brazil, china, pakistan, russia) ~recipients come from affluent countries (middle east, israel, US) ~donors/recipient may travel to 3rd country for the surgery (Turkey is common)
School to prison pipeline section
-study of texas students showed that suspensions had an adverse impact on student academic success and delinquency -a student who had been suspended or expelled is twice as likely to repeat his/her grade compared to a student who had all the same characteristics and had not been suspended or expelled -texas data also showed that a student who was suspended or expelled for a discretionary violation was nearly 3 times as likely to come in contact w/ the juvenile justice system that following year -Obama initiated executive order "White house initiative on educational excellence" to encourage schools to reduce punishments for violations of school rules/ violence that disproportionately impacts minorities. this executive order emphasizes the importance of implementing strategies that promote safe schools but do not have adverse unintended consequences on minority and special needs students
lone wolf terrorism
-terrorist acts committed by a single individual (or a single indiv. assisted by a small # of people) is referred to as lone wolf terrorism -acts of violence by lone wolf terrorists are the most difficult to detect and prevent -Lone wolf terrorists are often seeking revenge for individual grievances, carry out vendettas against other citizens, or protesting against gov policies or laws that may have had an adverse impact on them
no-fly list
-the "no-fly list" is created and maintained by the US gov's terrorist screening center (TSC), not the TSA -the list is compiled by intelligence data gathered from different sources, and people on the list are not permitted to board a commercial aircraft for travel in or out of the US. -the number of names on the list is unknown but estimates at about 21,000 people -the no-fly list is different from the terrorist watch list, which estimates at about 400,000 people -the no fly list works in 2 ways: 1) info is gathered about people purchasing commercial airplane ticket, & people on the list cannot purchase tickets 2)the airlines are required to forward the passenger manifest of a flight to the gov, and if a persons name on the no-fly list appears on the manifest, the flight is diverted and the passenger is removed
the fence
-the US planned to construct a physical or virtual fence along the entire US-Mexican border and to significantly enhance security of the US-Canadian border -the virtual fence is a network of towers equipped w/ cameras, sensors, and communications equipment -the physical fence aims to prevent illegal crossings into the US
human trafficking
-the illegal transportation of individuals AGAINST THER WILL for profit: the buying and selling of individuals as profit -scale of the problem: 700,000- 2 million trafficked each year -victims identified ~9.7% of all agencies had investigated a trafficking case ~ratio of identified victims to estimated victims is 0.4%
what is human smuggling
-the illegal transportation of people across borders for $ (person being smuggled is a willing participant) (most cross international borders) (smuggler/migrant relationship ends once across) -trying to improve their position in life (escaping property, seeking opportunities abroad) (escaping natural disasters, conflict, or persecution)
fusion centers
-to overcome the deficiencies of JTTFs + the delay in obtaining intelligence from the fed sources, local and state LEAs have established fusion centers -usually set up by states or major urban areas and run by state or local authorities, Fusion centers are intelligence networks designed to collect, analyze, and disseminate info critical to state and local law enforcement operations related to both homeland security and crime fighting -fusion center personnel integrate, evaluate, and analyze data to generate date that will assist police departments in responding to homeland security threats and crime
human organ trafficking
-transport of organs + the transport of the person for the purpose of obtaining their organs -in most cases, donors are apart of the process ($)
joint task forces
-used to provide additional personnel to focus on counterterrorism activities and to funnel intelligence from federal agencies to local agencies -critic's primary argument is that fed agencies often " do not draw on the full capabilities" of local law enforcement and that local LEAs "often get little back from their investment" in the JTTF
Bush's two-prong strategy when declaring war on terrorism
1. Aggressive use of military force overseas 2. Greater reliance on federal agencies in responding to terrorism on US soil Bush administration requested new powers for federal agencies; the formation of new federal agencies; and the suspension of certain civil rights of accused terrorists, known as enemy combatants
who falls under the juvenile justice system
1.delinquent children -violates the criminal law -criminals if adults 2.undisciplined children -incornigible 3.dependent children -no parents or guardians to care for them 4.neglected children -do not receive proper care from guardian 5.abused children -physical, emotional, or sexual abuse at the hands of a caregiver 6.status offenders -would not be a crime if an adult did it -only a crime bc of their age
Classified as an adult in Michigan when?
17 when youre an adult in the system
David Koresn + the branch davidians
1993: waco texas the branch davidians atf raid for illegal weapons, would not surrender -76 killed in fire -24 were children -many adults shot the children first, then themselves
juvenile delinquency
207 arrests juveniles accounted for 7.7% of all arrests high categories: -arson: 24.6% (#1!!!) -robbery: 20.6% -vandalism: 19.5%
9/11: the attacks
2996 people perished, another 6,000 injured
ALICE
Alert, Lockdown, Inform, Counter (distract), Evacuate
heavens gate
MARSHALL APPLEWHITE ( cult leader) -convinced followers (20 men, 19 women) that a space ship was traveling behind the Hale-Bop comet -coming to pick them up after they shed their containers (bodies) Lethal does of poison in a ritualistic way -black pants, dark socks, new Nike sneakers -purple sheet -$5 bill + several quarters in pockets
key players in US smuggling
Mexico and China
the lure to cults
alienated youth -mood disorders, PTSD, personality disorders college students life stressors marginality + powerlessness vulnerability the role of the internet
juvenile justice system continued
based on the parens patriae -father of the country -state acts in best interest of the child
blended sentencing
blended models differ by state but generally allow the juvenile court to retain jurisdiction of delinquents past the age of 18 -the juvenile court retains custody of the delinquent until he/she is 18 years old -after 18, the youth may be transferred to an adult institution for a further period of time -when offender turns 18, court evaluates offender and has the authority to decide if the offender should be transferred to an adult facility or released -decision based on assessment as to whether the youthful offender is rehabilitated + needs no additional incarceration
cults
brainwashing, pressure to conform, comply and go along with the program
due process rights of juveniles: double jeopardy
breed v jones
department of homeland security (DHS)
building a better defense against terrorism established by homeland security act 2002 merged 22 agencies together to create DHS -tsa: used to be managed by state and local airlines
Plant Smuggling
cacti smuggling: -some varieties may go for $10,000 a plant + organized crime groups in Mexico have gotten involved in the trade
school shooters....
contain and wait vs active shooter active shooter: neutralize the threat
contain and wait vs. active shooter
contain and wait: emphasized the employment of SWAT teams, negotiations, and perimeter containment. ex) Columbine (result was a disaster) active shooter: trains police officers to form on the spot response teams, called "contact teams", + enter the building + make their way toward the shooter while ignoring all other demands such as wounded victims and people who need to be evacuated. the purpose of the contact team is to locate and neutralize the shooter. ex) sandy hook
proactive strategies for schools + juvenile justice
control/ monitor doors during school hours security cameras metal detectors security staff (to arm or not to arm)
where was the first juvenile court
cook county illinois (1899)
harm of fake lighters
dashboards in brazil
strategies to combat slavery/trafficking
educate potential victims: make them aware of scams, a "dose of reality" curb demand: make "johns" aware of exploitation, boycott companies who use slave labor citizen activism: NGO + church organizations criminalization: law enforcement identifying + prosecuting trafficking cases, interpol-europol-UNODC
impact of 9/11 (CJ wise)
enhanced fed law enforcement powers intelligence and homeland security patriot act (see pg 351 for summary) foreign intelligence surveillance act (FISA courts) departments of homeland security
causes of trafficking
exploitation of people searching for a better life push factors (create a pool of potential victims): -gov corruption, high infant mortality, very young population, conflict/social interest, low food production pull factors (appealing factors of an area): -shortage of manpower, (+) economic situation, democratic systems of gov, political, and social stability
cbp: operational offices
field operations --> air marine --> border patrol
Life imprisonment without parole for non-homicide offenses...what has the court ruled when it comes to juveniles?
forbid the imposition of the death penalty on offenders who were under the age of 18 when their crime was committed court found that "denying juveniles a chance to ever rejoin society is counter to national and global consensus" and violates the constitutions ban on cruel and unusual punishment
juvenile justice system
handles youthful offenders and other children subject to the jurisdiction of the juvenile court limited jurisdiction
due process rights of juveniles: general due process rights
in re gault: no effort made to notify parents that 15 y/o gault was arrested rights awarded to juveniles in hearings that could result in commitment: -reasonable notice of charges -right to counsel -right to confront and cross examine -right against self incrimination and right to remain silent
black market organs continued
involvement of organized crime groups? -complexity of process and the # of people involved -involves illicit goods, systematically traded, profit oriented, some use of corruption -"the poor have become a spare parts bank for the well-to-do"
waivers to adult court
kent v US (1966) transferred to adult court who should be transferred? -chronic, persistent, violent offenders min. age of transfer varies across nation -22 states have no min -14 is most popular min age -MI min age is 14
most common organ trafficked?
kidney -donor agrees to give a kidney for a fee ($800 US to $10,000... usually around $5,000) -a recipient pays large fee on black market ($100,000-$200,000 US) -a broker puts the 2 in contact and makes the arrangements
office of air and marine: US border patrol
manages boarder security btwn designated parts of entry -ICE has 2 branches -HSL: criminal investigation against terrorist + human trafficking -ERO: removes aliens (people entering the states illegally)
9/11: the hunt for osama bin laden
may 2, 2011 navy seals asault compound + kill bin laden
harm of fake phone batteries
no safety device to prevent overcharging
juvenile dispositions
nominal: talk w/ the judge-threat conditional: may have drug test/ community service custodial: non secure/secure, last resort for serious offenders
9/11: the aftermath
oct 7,2001 attack on afganistan march 19, 2003: war on terror + operation iraqi freedom september 11 commission
9/11: the plot
osama bin laden + al-qaeda + khalid sheik mohammed 19 hijackers and 4 targets through 4 domestic aircraft
hybrid gangs
post 1990 youth gangs called hybrid gangs -majority of gang members prior to 1981 were hispanic (58%), whereas majority of gang members after 1991 are white (37%-40%) -new hybrid gangs have younger members, more female members, and are less involved in drug trafficking + violent crimes than traditional youth gangs -hybrid gangs are less territorial, and more likely to migrate, frequently begin as school based gangs and are more likely to appear outside large cities
office of field operations
primarily mission anti terrorism traditional
status offenses
running away- why do kids run? truancy- kids who are absent from school without permission (correlation to crime) curfew violations underage drinking incorrigibility- beyond parental control, ungovernable
due process rights of juveniles: preventative detention
schall v martin
schools and juvenile violence
school shootings vs shootings in schools... they are not the same (shooting in schools: school just so happens to be where shooting took place, school shooting: school specifically targeted) 2014 FBI study: -2000-2013: 39 active shooter incidents in schools/ colleges -117 killed, 120 wounded -85% of shooters were students
status offenders vs delinquents
status offenders: -children who have committed an act or failed to fulfill a responsibility for which, if they were adults, the court would not have any authority over them delinquents: -accused of committing an act that is criminal for both adults and juveniles
Primary intent of Juvenile Justice Delinquency and Prevention Act of 1974
the act provides the major source of federal funding to states for the improvements of their juvenile justice systems, services, and facilities -the JJDPA influences state juvenile justice systems by requiring states to maintain the standards set forth in the JJDPA if they receive federal funds -the PRIMARY intent is to ensure that children do not have contact with adults in jails + other institutional settings and that status offenders are not placed in secure detention
distinguishing characteristic of cook county juvenile court in 1899
the concept of original jurisdiction had exclusive jurisdiction over juveniles juveniles could not be tried, for any offense, by the criminal court unless the juvenile court granted permission for an accused juvenile to be moved from the authority of the juvenile court. (process referred to as "waiving")
smuggling cost
the cost of being smuggled is linked to distance covered -chinese: upwards of $75,000 (usually around $35,000) -mexico: $800-$2000 held until their fee is paid off by family, poor conditions increase fee upon arrival
Caylee's Law
the death of caylee anthony (2) and the subsequent trial of Casey anthony for her daughters murder, have resulted in states passing laws, often known as CAYLEE's law, that make it a crime to fail to report a missing child in a timely manner.
reverend jim jones
the peoples temple, indiana nov. 18, 1978 in guyana -holocaust from the US -only the temple would survive -forced members to take poison -900+ people died (mass suicide)
intake
the process whereby a juvenile enters the juvenile justice system -about 85% of juvenile intakes are initiated by the police -the other 15% can enter the system through referral by a parent or guardian, school official, social worker, juvenile probation officer, or juvenile court officer
What due process rights do juveniles have?
they have a right to counsel, protection against self-incrimination, to be informed of their rights and charges against them, and to confront their accuser and cross-examine witnesses
transnational crime
transnational crimes are violations of law that involve more than one country in their planning, executing and impacting
harm of fake alcohol
usually contains methyl alcohol -highly poisonous when injested -blindness, coma, deeath
teen courts
usually used for younger juveniles (10-15 yrs) w/ no prior arrest record who are charged w/ less serious law violations such as shoplifting, vandalism, and disorderly conduct -different from other courts because young people (rather than adults) determine the disposition, given by a broad array of sentencing options made available by adults overseeing the program -the premise underlying teen courts is that peer pressure is a powerful deterrent to delinquent behavior