Criminal Justice Studies Midterm Exam 2023
Identify the difficulties inherent in recognizing and measuring cybercrime, terrorism, and white-collar crime.
-Advanced cybercrime or high-tech crime is sophisticated and based on a knowledge of computer hardware or software. -Cyber-enabled crimes are more traditional crimes facilitated by technology. -Creepware: Malware that allows criminals to hijack computers remotely and access webcam and hard drive and record keystrokes -Measuring cybercrime is difficult -Measuring terrorism is not an easy task due to multifaceted and complex attacks -Worldwide Incident Tracking System (WITS): An FBI database containing information on completed terrorist attacks since 1996; this database was discontinued in 2012 -Global Terrorism Database GTD): A database housed at the University of Maryland that contains a broad range of data on threatened, failed, and completed terrorist attacks since 1970, including all the WITS data -Data specific to corporate and occupational crime are rare -Researchers rely heavily on field research to gather data due to lack of centralized data -The UCR SRS records fraud, forgery or counterfeiting, embezzlement counts -NIBRS records a broader range of white-collar offenses, but they are grouped in general offense categories -National White-Collar Crime Center (NW3C) -No longer assists scholars in developing white-collar crime databases -Primarily provides training for law enforcement -Credit card fraud is the most commonly reported white-collar crime
Demonstrate an understanding of criminological theories used to explain crime and criminality.
-Attempts to explain why crime occurs more often in some settings, by certain individuals, and to specific people -Theories of crime may be based on: Biology -Neurological abnormalities exacerbated by influences like alcoholism, poor education, or even imitation of well-publicized offenses Psychology -Psychological research may have influenced the U.S. Supreme -Court to rule mandatory life sentences without parole unconstitutional in 2012 Sociology -Focus on role of society -Theories include: classical, positivist, social disorganization, anomie, and so on.
Explain the differences between the different types of law.
-Criminal Law- Defines behavior that is prohibited or required -Civil law: Law that deals with disputes between individuals or organizations and typically seeks some type of compensation for the harmed party -Derived from Roman law and deals with matters of law imposed by the state rather than moral law -Civil law includes: Tort actions: may be intentional (involving a party who acted purposefully to cause harm), negligence (involving a party who failed to prevent harm), or strict liability (involving a corporation, agency, or person responsible for any harm, whether intentional or negligent) Estates Contracts Defamation (damaging the good reputation of another) Property -Administrative Law: Derives from a legislative body's delegation of authority over commissions or boards to regulate activities controlled by written statutes -Workers compensation is regulated and enforced via each state's division of workers compensation and their administrative rules and regulations
Summarize the historical development of the law and explain the reforms introduced by the Classical School.
-Equality and justice are the driving concepts behind the U.S. criminal justice system, but in reality, these goals are often not met -History of Law -Opposed brutal and primitive punishment -Felicitous or hedonistic calculus: A measure indicating how much pleasure an individual gains from a specific act -Utilitarianism: A doctrine stating that an action is morally right as long as the behavior is a benefit for the majority of a society. -This is the concept of the "greatest good for the greatest number." -Panopticon: An architectural design developed by Jeremy Bentham that allows a single person to watch others in a prison setting without those incarcerated knowing they are being watched
Distinguish how the fear of crime and actual risk of being victimized are often misinterpreted by the public.
-Fear of crime exceeds the likelihood of being victimized -Women are more fearful of victimization than men -Men are more likely to be victimized than women -People living in poverty are more fearful of victimization than the rich -Older people are more fearful of victimization than younger people What influences fear of crime? -Individual's assessment of the size of the crime problem -Crime multiplier: The saturated media presentation of crime that leads the public to believe there is more crime than there is. In addition, this disproportionate and repetitive coverage leads to enhanced fear of crime among the public.
Identify key elements in the relationship between crime and the media.
-Framing: the packaging of criminal events in the media into tidy presentations that make sharing the information easy -Faulty criminal justice system frame: suggests that crime occurs because of a dearth of law and order in the country and that criminals offend because they feel they can get away with it -Blocked opportunities frame: this frame indicates that crime results from a lack of legal options. Offenders live in poverty; are uneducated, unemployed, and discriminated against; and because of that commit crime. -Social breakdown frame: indicates that crime is the result of a breakdown in family and community -Racist system frame: indicates that the problem is not crime, but rather that law enforcement, courts, and corrections are racist agents of oppression -Violent media frame: this frame depicts crime as a direct result of the violence present in television, movies, video games, and music -Infotainment: the marketing of a highly edited and distorted combination of entertainment and information purported to be truthful and comprehensive -Results in widespread false beliefs about crime. -For example, strangers commit most crime, only guilty people confess to crime -Narrow-casting: the presentation of a narrow view of information in the media to small homogeneous audiences -The fewer media outlets there are, the more perspectives each outlet has to offer on crime to appeal to more viewing audiences -With today's functionally unlimited media channels, each can occupy its own niche to provide a small audience with narrow, often-distorted views of reality
Identify the basic principles and goals associated with the rule of law.
-Laws should be prospective, not retroactive -Laws should remain stable -Rules and procedures for making the law should be well-defined -The judiciary must remain above external influences and politics -Discretion in the system must be used fairly
Identify how crime is measured in the United States.
-Official law enforcement records -Uniform Crime Reports (UCR): This program, started by the International Association of Chiefs of Police and then moved under the umbrella of the FBI in 1929, is a compilation of crime data -Supplementary Homicide Reports (SHR): Supplemental reports to the FBI's Uniform Crime Reporting System that gather details about homicides in the United States, including information about offenders, victims, and incidents -National Incident-Based Reporting System (NIBRS): A large and complex national data collection system designed to gather incident-based crime information from law enforcement -Asking people if they have been victimized -National Crime Victimization Survey (NCVS): A nationally representative survey of victims of property and personal violence in the United States
Identify the paths on which a crime may be handled in the criminal justice system
-Police officers may not always arrest a suspect; the district attorney or prosecutor may decide a case would be unwinnable at trial and discourage police from pursuing the suspect -Crime is discovered -Law enforcement investigates; Try to identify and apprehend perpetrator; Gather evidence -Prosecutor determines whether charges will be filed; Charges filed plea bargain, trial, or nolle prosequi >Nolle prosequi: Latin for "be unwilling to pursue," this is commonly used by a prosecutor to willingly terminate legal proceedings before trial or before a verdict. This statement is often construed as an admission that charges cannot be proven. >Charges not filed accused is released from the system -If charged, accused is informed of charges against them; May have determination of guilt/innocence depending on circumstances; May be assigned legal counsel; Judge may make a bail determination; Grand jury may be convened -Arraignment- Charges are read Defendant is informed of their rights Plea entered Guilty Not guilty Nolo contendere: a plea made by a defendant in which he or she neither admits nor disputes guilt. It is commonly referred to as a "no-contest" plea. If pleas, may be sentenced immediately May opt for judge or jury trial -Trial- Prosecution and defense present evidence Judge rules on legal issues Conviction or acquittal Sentence may be imposed immediately or at a second hearing Accused may appeal verdict for procedural or constitutional errors -Punishment- Jail (sentence less than 1 year) -Prison (sentence longer than 1 year) >Indeterminate sentence: sentence given to a defendant in the form of a range of years to be served (e.g., 3-15 years) >Determinate sentence: sentence given to a defendant that is a fixed number of years (e.g., 3 years) >Release often determined by the parole board
Review the five perspectives of the criminal justice system.
1. Crime Control -Crime control perspective: a popular view of the role of the criminal justice system. This perspective states that the goal of the system is to prevent crime by shrewdly and harshly punishing offenders. -Favors effective law enforcement, long sentences, and mandatory punishment -Research suggests this model is not effective, efficient, or economically sound -Role of the system is punitive 2. Rehabilitation -Rehabilitative perspective: a view that the purpose of the criminal justice system is to rehabilitate offenders. -Crime is the result of blocked opportunities -Role of the system is to provide individuals with the means to improve their lives (e.g., education, employment, positive role models). 3. Due Process -Due process perspective: a view that the role of the criminal justice system is to ensure that all people accused of crimes are treated fairly and equally in the system. -Basis is found in the U.S. Constitution. 4. Restorative Justice -Restorative justice perspective: a view that the role of the criminal justice system is to restore justice as much as possible through repairing the harm caused by criminal behavior -Focuses on cooperation between victims, offenders, and members of the community (e.g., through restitution, community service, and repairing damaged property). -Research suggests restorative justice has the highest rate of victim satisfaction and offender accountability 5. Nonintervention -Nonintervention perspective: a view that the role of the criminal justice system is to be as minimal and nonintrusive as possible -Criminal justice system stigmatizes offenders -Advocates decriminalization or legalization of nonserious, victimless crimes
Compare the two main sources of criminal law: common law and constitutional law.
Common Law: A type of legal system originally developed in England whereby the courts define the law and determine how to apply the law. This is the body of law derived from judicial opinions. -U.S. legal system is based on common law Sociologist William Chambliss argued that the rule of law was dictated according the needs of the wealthy and powerful Constitutional Law: A major source of law that establishes the fundamental rules and relationships among the judicial, legislative, and executive branches at the state and federal levels. -Primarily deals with: Governmental power Civil rights Civil liberties
Differentiate community policing from traditional approaches.
Community policing: a philosophy and style of policing that adopts proactive measures and collaboration with community members Community policing differs from traditional policing in how the community is perceived and in its expanded policing goals. Key components: Partnerships Organizational transformation Problem solving Traditional police is very reactive in nature and is crime fighting focused. community policing is more proactive and works with the community to solve "problems" not just crimes.
Critique how the consensus and conflict models help and hinder public policy.
Conflict Models -Conflict model: a theoretical view of the criminal justice system that highlights the adversarial nature of the system. -Components of the criminal justice system work in competition to produce a fair outcome or justice. -Based on work of Karl Marx -Criminal laws serve as a way to control the powerless Consensus Models -Consensus model: a theoretical view of the criminal justice system that highlights the collaborative nature of the system. -The components of the criminal justice system work in unison to achieve justice. -Based on work of John Locke -Criminal law serves a social control function
Differentiate between criminal justice and criminology.
Criminology: an academic discipline that investigates the nature, extent, and causes of criminal offending and criminal victimization Criminal justice refers to the system of law enforcement, courts, and corrections
Summarize why consensus for an exact definition of crime is difficult.
Culture, Age, Context and Circumstance.
Identify unique characteristics of the subculture of policing.
Early research identified these key aspects of the policing subculture Secrecy Group solidarity Violence Cynicism Masculinity Isolation Authoritarianism
Define the elements of a crime and two main classifications of crime.
Elements of a Crime -Actus reus: Latin for "guilty act," used to indicate the physical act of the crime. Usually paired with mens rea to show criminal liability. -Mens rea: Latin for "guilty mind," used in court to prove criminal intent -Causation Prosecutors must also deal with: Concurrence: concurrence requires that the guilty act and mind occurred simultaneously Harm Attendant circumstances: external factors surrounding the case Classifying Crimes: Misdemeanor and Felony -Misdemeanor: A less serious crime punishable by fine, forfeiture, or short-term confinement, though in some jurisdictions gross, aggravated, or serious misdemeanors may be charged -Wobblers: Crimes that can be charged as either felonies or misdemeanors -Felony: A criminal offense (e.g., murder, robbery, rape) that is more serious and generally results in more severe punishment than a misdemeanor
Review the types of criminal defenses available to defendants.
Excuse or justification -Excuse: provides mitigating factors that explain why the person engaged in criminal activity and relates to the status or capacity (or lack thereof) of the accused -For example, duress -Justification: refers to the quality of the act -For example, self-defense -Legal Defenses Alibi: defendant was not present at the scene and therefore could not be the person who committed the crime Automatism: dreamlike states, posttraumatic stress, or severe mental disability may result in a criminal action that is unavoidable Consent: the victim gave permission to the defendant to act in an illegal manner against him or her Infancy: a defense in criminal law for children who are unable to grasp the consequence of their actions, usually under the age of 7. Insanity defense: A defense based on the belief that a select group of people who suffer from mental illness are unable to control their actions to such an extent that they cannot be held accountable for their crimes.
Summarize the nature and extent of violent and property crime in the United States.
Fatal Violence -Violent and property crime is relatively rare in the United States -Crime generally peaked in the early 1990s -Gender, Race, Ethnicity, and Murder Nonfatal Violence -Includes rape, sexual assault, robbery, aggravated and simple assault -Has declined since peak in the 1990s -23.2 nonfatal violent victimizations per 1,000 age 12 and up in 2018 Rates have declined since the 1990s in general but fluctuate from year to year Burglary + motor vehicle theft + property theft per 1,000 households (2018)
Discuss the main tenets of intelligence-led/evidence-based policing.
Intelligence-led policing: A means of creating efficiency and effectiveness in police agencies that emphasize the importance of risk assessment and risk management Targeting of people who are incarcerated Management of crime and disorder hot spots Investigation of linked series of crimes and incidents Application of preventative measures
Discuss public perceptions on the role of police of how and when police officers decide to use lethal force.
Media focus on instances where excessive or lethal force is used and often fail to reflect what really occurred during the incident When accounting for differential populations, Native Americans (10 per 100,000 individuals) and then Blacks (7 per 100,000 individuals) are the most likely to be killed by an on-duty law enforcement officer
Distinguish the importance of victim rights and their role in the criminal justice system.
Modern trend is toward victims' rights, and some states have enacted legislation defining their rights. >Right to attend the criminal trial >Right to apply for compensation >Right to participate in criminal proceedings >Right to be informed of proceedings and events in the process Ex: California's Victims' Bill of Rights Act of 2008
Identify and criticize the Bureau of Justice Statistics national crime data in the United States.
National Crime Victimization Survey -National Crime Victimization Survey (NCVS): A nationally representative survey of victims of property and personal violence in the United States -Primary source of information about the frequency, characteristics, and consequences of violent victimization against people age 12 and older and property victimization against U.S. households -NCVS Surveys are administered using two instruments: -NCVS-1, a screening instrument: determines whether respondent was a victim of a threatened, attempted, or completed crime during the preceding 6 months. -NCVS-2, an incident-focused instrument: gathers detailed characteristics about each victimization revealed (Outcome, time, location, demographics, numbers of victims, bystanders, and offenders, etc.) Limitations of NCVS: -Designed to show only national-level data -Limited age coverage (must be 12+ years old) -Limited population coverage (does not include people who are homeless, prisoners, military personnel, etc.) -Limited crime coverage (weighted heavily towards street crimes) -Sampling and nonsampling errors -Series victimization: Victimizations not discrete in nature, but ongoing with no defined starting and stopping point. Series victimizations present a conundrum in terms of the best way to count them. Common examples of series victimizations are intimate partner violence, bullying, and sex trafficking of minors.
Describe how police agencies have transformed and advanced in the 21st century.
New technology, better policies, and evidence-based practices are transforming law enforcement
List the three primary components of the criminal justice system
Police/Law Enforcement-charged with investigating crimes and arresting individuals alleged to have committed crimes. Courts- responsible for interpreting and applying the law. Corrections- protect society from criminals through housing, monitoring, and other community-based programs
Describe the organization and structure of a typical police department and summarize the responsibilities of patrol.
Policing is broken down into federal, state, and local law enforcement agencies of various levels of size and responsibility Responsibilities of patrol- 1. Patrol: Patrol officers are responsible for preventing crime, apprehending suspects, and assisting community members
Identify and criticize the FBI sources of national crime data in the United States.
Supplementary Homicide Reports -Keeps detailed information on homicides -Victim (age, sex, race) -Offender (age, sex, race) -Weapon (if any) -Victim-offender relationship -Circumstances that led to homicide National Incident-Based Reporting System -Augments the SRS by gathering more detailed information Covers more crimes than the SRS -Distinguishes between attempted and completed crimes Issues: reporting is voluntary, reflects only "known" crimes, limited coverage -Group A and Group B crimes: Two major clusters of crimes gathered by the FBI in NIBRS. Group A includes 22 crimes covering 46 offenses including homicide and robbery. Group B includes 11 offenses such as loitering and drunkenness. Hierarchy rule: Used to facilitate counting crime, this rule ranks crimes from least to most serious. In a criminal incident, only the most serious crime committed during the incident is counted. -National Crime Statistics Exchange (NCS-X): A collaborative effort between BJS and the FBI (and other organizations) that will produce nationally representative incident-based statistics on crimes using both data reported to law enforcement agencies and a sample
Discuss how legal standards and practices have evolved in recent history.
Technology- -Criminals use technology in many different ways, and the law has to try keep pace -Law enforcement use of technology may be unconstitutional >United States v. Jones: GPS monitor attached to a car is a search under the Fourth Amendment. >Kyllo v. United States: Using thermal imaging to locate marijuana grown in a home was a violation of privacy. -Other uses of technology in the criminal justice system >Body cameras, CCTV, drones, efiling court documents, and so on. -White-CollarCrimes >Many criminals use technology to commit offenses like fraud or theft. -Outdated Laws >Once laws have been passed and/or precedent has been established, it is often difficult to get rid of the outdated law >Plessy v. Ferguson (1896): found "separate but equal" doctrine to be constitutional >Brown v. Board of Education (1954): racial segregation violated the equal protection clause of the Fourteenth Amendment.
Explain why crime definitions may change over time.
Types of Illegal behavior -Mala in se: one of two types of illegal behavior. Mala in se refers to behavior that is sinful and inherently wrong by nature (e.g., murder, robbery). -Mala prohibita: one of two types of illegal behavior. Mala prohibita describes behavior that is prohibited by law. -What constitutes mala prohibita is dynamic and has changed over time. -Decriminalization: the act of ending or reducing criminal penalties associated with some behaviors
Summarize the relationship between the use of force by an officer and a suspect's behavior.
Use of force depends on a number of factors, including: suspect's demeanor, choice of weapon, and level of compliance Use of force usually involves weaponless tactics and reasonable action on the part of the officer