Criminal Justice quiz notes

Perception

Crime is way down from the 90s, citizens think it is higher because of all the bad news getting put in the media.

90s was peak crime

50s was the lowest

Perception about crime is extremely distorted.

Goal of Criminal Justice is to develop policies that deal with crime while still preserving individual rights, the rule of law, and justice.

Evidence Based Practices

Evidence-based practices are those that should be used because research shows positive effects.

Political perspectives affect views on crime

Liberal: Civil liberties should be emphasized

Conservative: Focus on low and order

Individual Rights

The liberties of each individual to pursue life and goals without interference from other individuals or the government.

Justice

Fairness in protection of rights and punishment of wrongs.

All legal systems aim to uphold this, but it is still possible to have unjust laws.

RULE OF LAW

Everyone has to obey the law. Even businesses and governments.

How can the business and government break the law.

Nobody can go above the constitution, which is the supreme law of the land.

Oligarchy is the most common government.

Meaning government ruled by the few

What is a crime?

Crime: A specific act of commission or omission in violation of the law, for which a punishment is prescribes

Public Opinion

Maintaining public order vs protecting individual freedom

For example in 9/11 when citizens gave over there rights to the government in return for more "safety and security”.

Dare programs statistically are more likely to cause kids to go towards drugs

Due Process V Crime Control

Due Process Model: law as a value

Focus on civil liberties

Judicial branch emphasis (courts/law)

Individual rights of accused

Crime Control Model: order as a value

Focus on crime prevention

Executive branch emphasis (police/pretrial)

Discretion

Crime control Model

It wants to stop crime

Emphasis on efficiency

Catch try convicted and punish a high proportion of offenders

Seen as the “Assembly Line Model”

It wants to get the process over and the punishment to begin

Trusts police to make right decision on arrest

Police have discretion to make the arrest

Discretion: the freedom to decide what should be done in a particular situation

Due Process Model

Is the legal requirement that the state must respect all legal rights that are owed to a person

To convict people who without a doubt committed a crime

Decision is based on law rather than discretion

Guilt must be proven

Guilty can go free

Innocent could be jailed

Individuals are protected more

Seen as the “obstacle mode”

Double jeopardy is prosecuting people more than once for the same offense

Defining Crime

Mala in se - offenses that are wrong by their very nature

rape, murder, theft, assault.

Mala Prohibita- offenses prohibited by law but not wrong in themselves

gambling, prostitution, drugs, legal marijuana in some states.

Types of Crime

Felonies - serious crimes usually carrying a penalty of incarceration for more than one year or the death penalty

Misdemeanors - less serious than felonies, punishable by no more than a year in jail probation or other sanctions

Visible crime - victimless crime, political crime, occupational crime, organized crime, transnational crime, cybercrime

3 types of Visible Crime

Violent Crimes - crimes against people in which force is employed to rob produce physical injury or cause death

homicide, assault, rape and robbery

Typically committed by people who know their victim

Robbery - taking something by force with threat of injury

Property Crime - crimes in which property is damaged or stolen

theft , larceny, shoplifting, embezzlement burglary

Larceny - taking of property without permission burglary breaking into a place to commit a crime

Public Order Crime - acts such as public drunkenness and disorderly conduct, which threat society’s well being and make citizens.

Aggressive panhandling, vandalism, instills fear in citizens

Typically young, male and poor commit most visible crimes

Victimless Crimes - involve willing and private exchange of illegal goods or services. Participants feel they are not harmed.

Drugs, gambling, prostitution

Pimps control prostitutes, families are hurt, people who can’t help themselves

Organized Crimes - a structured group of people who commit crimes, Mob or Mafia, gangs

Money laundering - moving money through businesses, banks, and different accounts to hide how they obtained the money.

Political Crime - criminal acts by the government or against the government. coups , rebellions, american revolution, treason espionage some places criticizing the government is criminal, alien sedition acts

Transnational Crime - Committing crimes in multiple countries, terrorism, genocide, human rights abuses, smuggling, violate international law

Occupational Crime - doing something illegal through a business

usually hard to discover stealing from employer, stealing from customers, stealing investments, computer fraud, illegally prescribing, drugs, steroids, etc, false expense claims.

More people are affected by this type of crime