CJ FINAL STUDY GUIDE

Classical:

Free will

Rationale: weighs pros and cons

Fear of punishment keeps crime at bay.

Positivist: Created in the Mid-1800s

Behavior is controlled by physical, mental, and social factors

Criminals are different from the rest of us

Reliance on science to identify and treat criminal acts.

Cesare Lombroso, the father of criminology

Believed people were born criminals

Believed you could identify criminals by the way they looked.

In psychology, the field of phrenology was developed.

It was believed that you identify psychological traits by tracing bumps on people’s skulls.

Had real consequences: employers could request phrenological reports before hiring someone.

It’s all debunked now, but it inspired the biological theory of crime.

Biological Theory:

What do the following factors have in common: Low resting pulse, exposure to lead while in the womb, premature birth, and ADHD? All of these conditions increase a person’s risk of being involved in crime. There is evidence that some criminal behaviors may be innate. Researchers have conducted brain scans that highlight specific regions of the brain associated with an increased likelihood of future criminality—for example, Phineas Gage. There is evidence that criminality can even be hereditary. Even if you take children away from their parents, they may engage in criminal behavior.

Psychophysiology:  

Levels of arousal within individuals (high pain, low pulse).  Skin Conductance reflects sympathetic nervous system functioning while heart rate reflects both sympathetic and parasympathetic nervous system activity. Blunted autonomic functioning has been associated with increased antisocial behavior, including violence. Males and females who exhibited high rates of proactive aggression (an instrumental, predatory form of aggression elicited to obtain a goal or reward) in early adolescence were found to have poorer skin conductance and fear conditioning in late adolescence. 

 Brain Functioning:

Criminal behavior has been linked to damage or aberrations in the prefrontal cortex.  Brain damage can come from physical damage or exposure to toxins while in the womb. Maldevelopment can lead to a diminished ability to recognize distressing criminal intentions and increase perceptions of moral wrongfulness or aggressive acts. Other examples, chips that stimulate the brains of people with addictions. 

Genetics:

Children with crime involved parents have a higher risk of criminality even when placed into other homes. The presence of certain genes increased the odds of committing major theft, burglary, gang fighting, and conduct disorder. Some studies show that males who carry an extra Y chromosome have lower than average intelligence, behave aggressively. 

Social Disorganization:

A theory maintaining that neighborhood characteristics, including poverty, racial heterogeneity, and resident transiency, break down social controls and lead to criminal behaviors. Neighborhoods with/ high rates of poverty, population turnovers, and identity diversity.  Precursor to Broken Windows Theory

Strain Theory:

A theory that argues criminal behavior is caused by feeling of strain, which occur when people believe that legitimate means of achieving success are not accessible to them. Criminal activity results from strain brought upon by the inaccessibility of legitimate reasons for success. In capitalist societies like the US, this means money.

Learning Theory:

A theory asserting that criminal behaviors are learned from associating with others and from social interactions and social experiences. People learn to be criminals. If you go to work for a corrupt business, you learn from them.  People in prison.

Control Theory:

A theory that describes criminal behavior as a natural outcome of people's desire to seek pleasure in the absence of effective social controls.Asserts that most people are bad, and that you must learn to be good.   If you watch kids, they fight. They steal. Self-control is learned. People who engage in risky behaviors do not possess self-control and are more likely.

Labeling Theory:

A theory contending that labeling a person as deviant or criminal makes that person more likely to engage in future criminal behavior. The act (crime) becomes engrained in your identity. You are stigmatized.

Social Conflict:

A theory that explains crime as an outcome of conflicting interests between groups in society and the dominant groups attempts to control and exploit other groups with less power. The powerful create laws to keep them in power, and to keep control over the oppressed.Examples could include the difference in outcomes when a defendant can hire an expensive private attorney over someone with a public defender. We also see disparate treatment when someone is convicted with a "white collar crime" over someone convicted of shoplifting. 

Feminist Theories:

This area of criminology focuses on the differences between genders in the criminal justice center.  For example, female prison populations are increasing while males are decreasing. Why is that? It may be necessary to view prison increases through a feminist lens. 

Environmental Criminology:

Like control, in that it assumes that there will always be bad people in the world. But environmental theory examines strategies to prevent one from becoming a victim of crime. The focus is shifted away from the potential perpetrator and to the possible victim.

Routine Activities:

Elements necessary for crime occur, types of controllers who can block crime

Three Elements:   

Motivated offender,  Suitable target (victim),  Absence of guardian (place)

Situational Crime Prevention: Crimes likely occur if the following five dimensions are present—

Low effort

Low risk

High rewards

Provocative

Excusable

Criminal Law:

Applies to criminal matters, such as robbery or homicide.

Civil Law:

Applies to civil matters, such as money owed, property disputes, and custody arrangements.

In criminal matters, the prosecutor acts on behalf of

the people. (Example: U.S. v. John Doe or State of La v. Jane Doe.)

In civil matters,

there is a plaintiff and defendant. The plaintiff is the party bringing the suit, and the defendant is defending against it.  (Example: Jones et al. v. City of Hammond)

In criminal matters, the burden of proof must be

beyond a reasonable doubt.

In civil cases, it’s less than criminal matters.

Instead, it's the preponderance of evidence. The difference can be confusing. In civil matters, the burden is referred to as “50 percent plus a feather.” If the civil matter juror feels that a defendant is “probably guilty,” then that’s likely enough to award damages.

Criminal matters may result in

incarceration, community supervision, or a fine.

In civil matters, the party is seeking damages.

It may be monetary or a change in practices. (If they don’t pay, they could be held in contempt, which would be a criminal matter.)

Intent:

what the person is seeking to do and is connected to a purpose or goal.

Motive:

reason why someone did something. In reality, this is often the least important.

The two most important factors that the justice system wants to know are:

(1) Did the defendant commit the act (Actus Rea), and (2) did the defendant have the necessary mental state (Mens Rea)

Mens Rea:

Means “guilty mind” in latin. Examples: Willfully, maliciously, intentionally. Less serious: negligently, recklessly, without due caution.

Actus Rea:

Means "the act itself". Sometimes failing to act can be criminal (failing to take care of family, pay taxes), but not all the time.

Concurrence:

When both Mens Rea and Actus Rea exist and have been proven, there is now concurrence. What a prosecutor aims for when attempting to prove a defendant is guilty beyond a reasonable doubt. 

Legal Causation:

This concept means that an outcome must be tied to an action (or lack thereof for negligence). It sounds simple, but it's actually quite complex. 

Crime against persons are what most people consider

“violent crime”or “street crime”, such as certain homicides, sexual assault, robberies, and aggravated assaults. 

Homicide:

The taking of a human life—is the most serious act one can perpetrate against another person. 

 Justifiable Homicide:

self-defense, legal state or federal accusations, acts of war, or when a police officer uses lawful lethal force. 

 Excusable Homicide:

wholly accidental killings, such as when a person who’s driving the speed limit and paying full attention hits a small child who runs into the street from behind a large car, where no reasonable person could have known that such risk was possible or preventable. 

First-degree murder:

Premeditated, with malice aforethought.

Second-degree murder:

Intentional but not premeditated.

Voluntary Manslaughter:

Committed in the “heat of passion”, being adequately provoked and not having time to “cool off” before the act. 

Involuntary Manslaughter:

Unintentional/accidental, causing death while breaking the law (typically a misdemeanor criminal law) or being negligent. 

 Felony/First Degree Murder:

Unintentionally causing a death while intentionally committing a dangerous felony; no mens rea required = strict liability. 

Sexual Assault:

often referred to as “rape” or “forcible rape” under some older state laws. Historically defined as the carnal knowledge of a female forcibly and against her will, now described as sexual contact without her or she’s consent. 

Robbery:

The taking or attempt to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and or by putting the victim in fear. 

Aggravated Assault:

An unlawful attack upon another for the purpose of inflicting severe or aggravated bodily injury. Usually accompanied using a weapon or by other means likely to produce death or great bodily harm.

Crimes against Property:

offenses where no violence is involved—only the taking of property crimes such as burglary, larceny-theft, motor vehicle theft, and arson.  

Burglary:

The unlawful entry of a structure to commit a felony or theft. To classify an offense forced entry must have not occurred and nor does anything of value has to have been stolen. 

 Larceny/Theft:

The unlawful taking, carrying, leading, or riding away of property from the possession of another, including attempted thefts as well as thefts of bicycles, motor vehicle parts and accessories, shoplifting, pickpocketing or the stealing of any property or articles that is not taken by force and violence or by fraud. 

Motor Vehicle Theft:

The theft or attempt of a land-based, self-propelled vehicle that does not run on rails and is not classified as farm equipment. 

Arson:

Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, a public building, a motor vehicle or aircraft, personal property of another, and so forth.

Public Order Crimes:

Offenses that violate general public values or the norms shared among most members of society. Often called victimless crimes because many people argue that these crimes harm only the offenders.   

White Collar Crimes:

a crime committed by a person of respectability and high social status during their occupation. 

Organized Crime:

a term used to describe illegal acts committed by individuals involved in illegal organizations. 

 In Louisiana, you should be aware of the following common differences: Assault and Battery mean different things:

Assault means someone is threatened with physical harm. 

A battery is used when someone is physically harmed. 

Someone threatening another person with a knife: Aggravated Assault

Someone cuts another person with a knife: Aggravated Battery. 

Second Degree Murder CAN be premeditated

In other states, second-degree murder usually means

that the homicide was impulsive and unplanned. 

 In Louisiana, second degree murders are premeditated and planned.

First degree murders mean that there were certain aggravating factors (victim was young or elderly, it was committed as a part of a ritual, involved an assassin, and other reasons). 

Felonies can be punishable

by death or a possible sentence of more than one-year of hard labor. 

 Hard labor is a key phrase that means

prison. 

Misdemeanors mean

a lesser crime, punishable by fines or less than one year in jail. 

To determine the rate of crime,

You divide the number of offenses by the total population, then multiply by 100,000. Or ( # of offenses / Population of jurisdiction x 100,000)

Part I Offenses (Index crimes) are composed of 8 crimes:

murder, forcible rape, robbery, aggravated assault, burglary, larceny-theft, and arson.

Part II Offenses are less serious:

Simple assaults, forgery, vandalism, drug violations.

What are some weaknesses of the UCR?

Part I includes reports, while part II only includes arrests.

Part II crimes could be reduced by making fewer arrests.

Includes Hierarchy rule – Only the most serious charge counted.

National Crime Victimization Survey

Just 45% of violent victimizations and 36% of property victimizations are reported to police.

Just 40 percent of rapes are reported to the police.

Therefore, we use the NCVS to gain a better picture of all victim-related crimes, including those that go unreported.

NCVS rates tend to be higher than UCR

NCVS is broken into two categories: Personal and propert

Clery Reports

Each university is required by federal law to report crimes. This is due to the Clery Act. The law is named after Jeanne Clery, a 19-year-old Lehigh University student whom Joseph Henry raped and murdered in her campus hall of residence in 1986. Henry's murder of Ms. Clery triggered a backlash against unreported crime on campuses across the country.

Police Discretion:

The authority to make decisions in enforcing the law based on one's observations and judgments rather than the letters of the law. 

When officers observe something suspicious illegal, they must ask themselves to questions:

Whether to intervene? And how to intervene?

Two sides of Criminal Law: Formality—

Criminal code, statutes, SC opinions

 Two Sides of Criminal Law: Reality—

Practices of LE Officers

Determinants of Discretions: Law—

Mandatory arrest for DUI and domestic influence

Determinants of Discretions: Officer’s attitude—

Empathy or Personal viewpoints

Determinants of Discretions: Citizen’s attitude—

Rude and condescending, denies wrongdoing, “Do you know who I am? I pay your salary?”

Pitfalls of Discretion: Discretion is often practiced by low-ranking officers on patrol, with little administrative oversight.

Impartiality: Officers may be biased when using discretion.

Liability: If an officer uses discretion and lets someone go, there may be repercussions later.

Political Era (1840s-1930s):

In the US, the first formal police force began in the 1840s in NYC. Soon spread to all major cities in the US. Because police were under control of city politicians, it led to corruption. Hiring and promotion were based on external politics, not the best people for the job. Police were also known to take bribes from illegal activities

Reform Era (1930s-1980s):

Moved away from political influence and into professional policing. Some jurisdictions did not allow officers to live in the same area of their beat. A high emphasis on measuring effectiveness through numbers: Arrests, citations, response time. August Vollmer, the police chief of Berkeley, CA, is credited with professionalizing police by purchasing first squad cars with lights, beginning the first forensics program, and creating first entrance exams. Vollmer teamed up with UC-Berkeley to create the first higher education policing classes.

Community Era (1980s-Present):

In prior eras, police were not concerned with long-term change. They were not concerned with addressing causes of crime; only response. Focused on community policing and problem solving. The focus was on proactive policing instead of reactive.Looked at underlying causes and developed responses.

Critical studies: Community Era

Response had little to do with whether or not an arrest was made at the scene

Detectives were overrated in their ability to solve

Most calls for police were non-criminal

Search and seizure:

In the Fourth Amendment, the term refers to an officer searching for and taking away evidence of a crime. 

Miranda warnings:

You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time

Miranda v Arizona (1966)

Another important part of protecting against self-incrimination is through Miranda. Police at the point of putting someone in custody and before interrogation must read them their rights. All arrested people must be informed of their rights. If they do not understand English, then an interpreter must be provided. 

To apply Miranda protections, the arrested person must invoke their Miranda rights. What does this mean?

Asking for an attorney: This invokes a subject's Miranda rights, and any interrogation must end. Saying: "I'm choosing to remain silent." Note that a subject not talking isn't considered "invoking Miranda." They have to declare that they are remaining silent. Once an arrestee has invoked Miranda, the interrogation must cease. However - if arrestees give information voluntarily, even after they initially invoked Miranda, the evidence is admissible.

Exceptions to Miranda

Brief, routine traffic stops (do you know why I stopped you? Where are you headed?). Police don't need to read a person their rights before asking these types of questions.

Police may question a suspect w/o reading them their rights if they pose an extreme public safety threat

Someone hides a weapon, and the police want to secure it. (Bomb, gun)

Use of Force

The type and amount of effort required to compel compliance by an unwilling suspect.

Police Brutality:

Excessive force, insults, wide range of actions,

Officer Presence — No force is used.

The mere presence of a law enforcement officer works to deter crime or diffuse a situation

Officers' attitude should be professional and nonthreatening.

 There are different degrees of officer presence. An officer in full riot gear or SWAT gear will be perceived differently than a typical uniformed officer.

Verbalization — Force is not physical.

Officers issue calm, nonthreatening commands, such as "Let me see your identification and registration." Officers may increase their volume and shorten commands in an attempt to gain compliance. Short commands might include "Stop" or "Don't move."

Contact Controls — Officers use bodily force to gain control of a situation.

Low-level anatomical compliance techniques or physical tactics to gain control and cooperation. These tactics can be psychologically manipulative as well as physical, and include additional verbal persuasion skills, pressure point applications, and escort positions.

Compliance Techniques:

When a subject becomes resistant (active resistance), the officer may use anatomical compliance techniques or physical control tactics to overcome the level of resistance and remain vigilant for more aggressive behavior from the subject. 

Conducted Electrical Weapon:

The CEW is used in situations in which a subject exhibits aggressive resistance and in situations in which the subject presents an imminent threat to the officer, himself/herself, or another person. This includes situations in which a suspect is actively fleeing from arrest for a serious offense, but fleeing should not be the sole justification for using a CEW against a suspect. Members should consider the severity of the offense, the suspect’s threat level to others, and the risk of serious injury to the subject before deciding to use a CEW on a fleeing suspect.

Defensive Tactics:

When a subject attempts to assault the officer or another person (aggressive resistance or aggravated resistance), the officer is justified in taking appropriate physical action to immediately stop the aggressive action and to gain control of the subject. This may include the use of hands, fists and feet.

Authorized Impact Weapons:

Those less-than-lethal weapons such as the PR24 and expandable batons, which, when authorized by the NOPD and utilized in accordance with training, may be used to overcome aggressive and aggravated resistance.

Deadly or Lethal Force: Shall be used only when:

There is an imminent danger of death or serious physical injury to the officer or another person; or To prevent the escape of a fleeing subject if there is probable cause to believe: The subject has committed a felony involving the infliction or threatened infliction of serious bodily injury or death; and the escape of the subject would pose an imminent danger of death or serious bodily injury to the officer or to another person.

Important note on force: When an officer uses force, you will often hear them shout or yell loud, verbal commands (PUT YOUR HANDS UP! STOP RESISTING! GET ON THE GROUND!).

They are trained to do this. The commands are not just for the subject, but they are also meant to be heard by bystanders.

Compliant:

a person recognizes the authority of the officer’s presence and follows the verbal commands of the officer

Passive resistance:

Behavior that is unresponsive to police verbal communication or direction (e.g., ignoring or disregarding police attempts at verbal communication or control; going limp; or failing to physically respond or move) and verbal resistance (e.g., verbally rejecting police verbal communication or direction; telling the officer that he or she will not comply with police direction, to leave alone, or not bother him or her). Bracing, tensing, linking arms, or verbally signaling an intention to avoid or prevent being taken into custody constitutes passive resistance.

Active resistance:

Resistance exhibited by a suspect that is between passive resistance and aggressive resistance. Includes attempts to leave the scene, flee, hide from detection, or pull away from the officer’s grasp.

Aggressive Resistance:

A subject’s attempt to attack or an actual attack of an officer. Exhibiting aggressive behavior (e.g., lunging toward the officer, striking the officer with hands, fists, kicks or any instrument that may be perceived as a weapon such as a knife or stick) are examples of aggressive resistance

Aggravated Resistance:

When a subject’s actions create an objectively reasonable perception on the part of the officer that the officer or another person is subject to imminent death or serious physical injury as a result of the circumstances and/or nature of an attack. Aggravated resistance represents the least encountered but most serious threat to the safety of law enforcement personnel or another person.

Acts not allowed by NOPD policy

*Neck holds: If an officer uses neck holds, it will be considered deadly force

*Shooting at or from moving vehicles

Strikes to handcuffed persons: Once a person is cuffed, their level of resistance has been diminished

Deadly force to protect property

Shooting to disarm or warning shots: This is a good one, because it's always brought up after a police shooting. Why aren't police allowed to fire warning shots or to disarm? The answer is below. If a subject is displaying resistance less than aggravated resistance, then the officer has no business using their firearm in any capacity. Other forms of force would be more appropriate.