crmlaw7 wk 1-2

Crime from a Legalistic Perspective

Human behavior that violates criminal law of the federal government or local jurisdictions.

From Paul Tappen’s perspective

Defines crime as a deliberate attempt to violate criminal law without defense or justification.

Crime from a Political Perspective

Crime isn’t just about right and wrong or whether it’s illigal, or not: It’s about who holds the power

ex traffic crimes

Psychological Perspective

Considers crime as a maladaptive behavior shaped by social norms.

Sociological Perspective

Defines crime as primarily an offense against human relationships and secondarily a violation of the law. Crime is an antisocial act

Deviant Behavior

Human activity that violates social norms, which may overlap with criminal behavior.

Criminology

The scientific study of crime and criminal behavior, drawing from various social sciences.

UCR (Uniform Crime Reports)

A major data source for crime statistics produced by the FBI since the 1930s. Reports # of arrestees, # of crimes reported by victims, witnesses, the police

It is divided into two components of offenses: serious and less serious

Serious Offenses

Serious crimes such as murder, arson, and robbery.

Less serious Offenses

Minor crimes such as drug abuse violations and simple assaults.

Crime Rate

The total number of crimes divided by the local population, multiplied by 100,000.

NIBRS (National Incident-Based Reporting System)

A detailed crime reporting system that collects data on single crime occurrences.

Local agencies collect data on single crime occurrence; reports time, date, location, type of crime weapons, characteristics of any property, characteristics of victim

National Crime Victimization Survey

A longitudinal study collecting data on crime victimization from households.

households surveyed every 6 months over a period of 3 years, switches households

weaknesses: response bias

why is crime at a historical low

improvements in law enforcement, DNA fingerprinting and information based policing techniques, aging population, end of crack cocaine epidemic, gentrification of former high-crime neighborhoods

Criminal Justice System

Comprises three main institutions: courts, corrections, and law enforcement.

Dual Court System

The US has both state and federal court systems, totaling 52 different systems.

federalism

a form of government in which a written constitution provides for a division of powers between a central government (federal) and regional governments (state)

Jurisdiction (and example of state v federal crime)

The territory over which a law enforcement agency has authority.

state: rape, murder, theft

federal: tax evasion, mail tampering, kidnapping

Discretion

The authority to choose among alternative courses of action based on individual judgment.

Judges Discretion

judicial decision making, racial bias plays a role in how sentences are handed down

characteristics of judges

work behind closed doors, only revealed through written opinions, referee in the courtroom, has final say on everything except jury verdict

set conditions for pretrial release, accept pleas, dismiss charges, impose sentences

Due Process

The legal requirement that citizens must be notified of government actions affecting their rights and have the opportunity to be heard.

5th Amendment

Protects against self-incrimination and double jeopardy, comes from Miranda v Arizona

6th Amendment

Guarantees the right to a speedy and public trial by an impartial jury.

4th Amendment

Protects against unreasonable searches and seizures.

Crime Control Model

Views the criminal justice process as an assembly line focused on efficiency.

Due Process Model

Views the criminal justice process as an obstacle course emphasizing fairness and rights.

Public Defenders

Lawyers who represent individuals unable to afford private counsel, facing heavy caseloads and ethical challenges.

“guilt phase” in the death penalty trial

in which the jury determines whether the defendant committed the crime

“penalty phase” in the death penalty trial

jurors vote on a sentence

52 court systems

one federal court system

50 state systems

1 district of columbia