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NIBRS

National Incident-Based Reporting System

NCVS

The National Crime Victimization Survey

UCR

uniform crime report

Problems with UCR:

• Only includes street crime (who commits the nmost crime in the US: it depends) (who commits most street crime: african americans and hispanics)

• White criminality tends to be white collar in nature

• Founding decision: Whether or not something is decided to be a crime by the reporting cops

• Crime definitions vary by location

what does NCVS do

• Attempt to contextualize crime statistics

• Asks about own victimization and crimes they’ve committed

Problems with NCVS

• Memories are faulty

• Deception by respondent

• Racial stereotypes might alter perceptions of incidents

Comparing both UCR and NCVS

• Neither includes white collar crime

• Both can be manipulated

• Best solution-evaluate both

What does NIBRS do?

• Incident based

• Allows for counting of all offenses, not just the most serious

• Dark figure of crime; crime that go unreported

Most used measure of reported crime in the US, compiled by the FBI

UCR

Feminist theory

increase in violence toward women in male fields (police/milityary)

procreation

men want to spread their seed

why victims don’t report

familiarity with the attacker. Level of physical injury. Vicitm blaming

past requirements about rape

 required vaginal penitration, only female victims, did nothing to sheild victims from second assault, party couldn’t be married (no marrital rape)

Crimes against public order:

narcotics, prostitution etc

Brady bill

first comprehensive piece of legislation that tried to restrict the type of guns people could have in their house. Named after press secretary from kennedy assasination

classical school of thought:

• Beccaria and bentham

• Free will philosophy

• Punishments designed to deter

• Beccaria: proportionality is the only punishment that is morally acceptable according to the social contract

• We thought that if you punish people proportionately, swiftly, it will reduce crime and deter human behavior.

Victimless crime (vice crime)

no such thing as a victimless crime.

Mala in se

acts considered evil in thtemselves (murder, mayhem, rape, etc.)

mala prohibita

acts considered undesirable although not inherently evil (gambling, narcotics, prostitution)

field interrogation

•  terry stop aka stop & frisk. A police officer briefly detains you, they dont need probable cause. Terry stops are limited to outside of the clothing, cannot go inside clothing UNLESS they have probable cause because of the stop & frisk.

incident to arrest

• about to take them into custody, important ot make sure there is no weapon, so you are allowed to go inside the clothing

plain view

• Coolidge vs new hampshire: three requirements; officer must be in a lawful position, the object must be unobstructed, the evidentiary value must be readily apparent.

consent

• has to be voluntary and has to be given by a competent person. In minnesota vs dickerson, they looked at overnight guests and whether they possessed sufficient possessory interest. Overnight guests are different than guests that come over to just visit. When sharing a property, you can only give consent to those areas where they have possessory interest (their room and common areas). Cannot give consent to search roommates room unless consent is broadend because you share clothes, go into room when theyre not home, etc.

warrantless searches

Searches where the supreme court have carved out exceptions to the 4th ammendment. Exceptions to the warrant requirement

US vs. lion

good faith exception. Any time an officer is working in bad faith, evidence is inadmissible.

public safety:

new york vs quarles, they said that if there is an emergency situation where the risk to the public outways the crime, the evidence can be admitted

Edwards vs. arizona

court developted the bright line rule. Once you invoke yhour right to this, all questioning must stop at this point

mapp vs Ohio

Any evidence that is collected unlawfully cannot be used in a criminal court

Inevitability of discovery: you would have found the evidence anyway

Characteristics of deviance:

• Defined by society

• Depends on context of the behavior

• Depends on the offender

The 14thammendment is

one of three that are called reconstruction ammendmemnts. Were meant to recognize all legal persons.

Objective reasonableness:

is a legal standard that judges whether a law enforcement officer's actions were reasonable in a given situation.

Mens rea: guilty mind

• Intentional or deliberate. 

• Reckless: should have known that harm was likely

• negligent: could have known that harm could happen

• Harm: psychological or emotional

• Concurrence: the fusion of the act and the mens rea

• Causation: the fusion of the act and the harm

• punishment

Actus reus:

the act

due process

5th amendment 

Brady violation: 

occurs when a prosecutor fails to disclose evidence that could help a defendant's case.

Definition of CJ
systemsystem

management of
police, courts, andpolice, courts, and
corrections, and thecorrections, and the
study of the cause ofstudy of the cause of
and treatment forand treatment for
crime.crime