INTRO CRIMINAL JUSTICE

what is a crime

socially constructed concept; subcategory of all prohibited acts

what is mala in se

• even in itself; crime that is immoral/evil; highest level of offense

• No one would want to be guilty of these types of crimes

• Involve physiological reactions (ex: murder, assault, trafficking)

what is mala prohibita

wrong because it’s prohibited; a crime because it’s against the law but not morally wrong (ex: speeding, jaywalking)

what are the 2 principles that must be present for someone to be prosecuted as a criminal

actus reus & mens rea

what is corpus delicti

body of the crime; elements of an act that is considered criminal must be present

what is actus reus

guilty act; person themselves committed a criminal act or neglected a mandatory act (needed for prosecution)

what is mens rea

guilty mind; person had a wrongful purpose in mind when they carried out the acts reus

what is concurrence

actus reus (act) & mens rea (intent) occurred at the same time, leading to the criminal act

what is causation

link between criminal act & harm caused; act caused the harm

what are the 6 principles that must be present for someone to be defined as a criminal

corpus delicti

actus reus

mens rea

concurrence

causation

harm

what is the reasonableness standard

what a reasonable person would have done in response to the harm caused

what is harm

negative impact of the crime on the victim or community

what are the 3 goals of the criminal justice system

justice, crime control, crime prevention

what is the justice goal of the criminal justice system

• people need to be treated fairly, ethically, impartially by the law & those who enforce it

• Taking crime seriously, investigating it properly/appropriately, balancing rights of accuser and accused, fairly investigate/punish/judge

what is the crime control goal of the criminal justice system

• detect crime, respond to crime, hold criminals accountable

• Can only be achieved through active participation in every part of the system (police, prosecutors, courts, corrections)

what is the crime prevention goal of the criminal justice system

• attempt to reduce crime, deter future crime, limit opportunity for crime

• Stopping crime from happening in the first place rather than just reacting afterwards

• New opportunities always emerging/evolving for crime prevention (technology)

• extends to daily activities (ex: locking your car, not walking alone at night, etc.)

• Demands action, enforcement, foresight, adaptation

what are evidence-based practices

use of skills, techniques, & strategies we know work because they have been thoroughly researched & demonstrated by evidence; reduces bias; practices need to evolve along with society

what is federalism

government system where territory is controlled by 2 levels of government

what laws/issues/prisons are at the federal government level

laws created by Congress, address national issues that cross state lines, federal prisons for people who committed federal crimes

what laws/issues/prisons are at the state government level

state legislatures establish state crimes, separate state courts, state prisons/local jails for people who committed local crimes

what are the 3 pillars of the criminal justice system

corrections, law enforcement, courts

what are the 4 characteristics of subsystems

discretion, resource dependence, sequential tasks, filtering

what is discretion

using judgment to remedy a situation (ex: going through with a case, arresting)

what is resource dependence

subsystems relying on funding & politics

what are sequential tasks

following timelines, keeping track of people in the system

what is filtering

people are released from the system at each step

how many cases actually make it to a jury trial

only around 10%

what is a felony

serious crime with penalty of death or incarceration for >1 year (prison)

what is a misdemeanor

less serious offense punishable by incarceration for <1 year (jail), probation, intermediate sanctions

what is criminal homicide

unlawful killing of another person

what is first degree murder

• intentional killing; premeditated

• There was enough time for the person to think about it

• Punished most severely; life in prison to death penalty

what is second degree murder

• killing that occurs during a felony

• Punishable by life in prison without parole

• Felony murder rule → also applies to any accomplices

what is the felony murder rule

accomplices to second degree murder are also charged

what is third degree murder

voluntary & involuntary manslaughter

what is voluntary manslaughter

intentionally killing someone in response to passion & provocation (ex: bar fight, unjustified killing in self defense)

what is involuntary manslaughter

doesn’t involve any intent to kill; reckless/negligent

what is robbery

taking someone’s property through threats or use of force; Involves violence or intimidation against another person (person on person)

what is burglary

unlawful entry of a vehicle or building with the intent to commit theft or a felony; person on property

what is theft

taking someone’s property without their consent

what is petty theft

theft that adds up to <$950

what is grand theft

theft that adds up to >$950

what is larceny

taking someone’s physical property without their consent

what is disorderly conduct

anything that disturbs the peace; broad/vague to give police discretion; ex: arresting people during protests

what is visible crime

crimes committed in public & easily observable

what is violent crime

acts against people which results in death or physical injury; most serious offenses

what is property crime

acts that threaten property held by individuals or state without use of threat/violence

what is public-order crime

• considered illegal because they conflict with social policy, moral rules, public opinion

• Moral judgments of people & cultural expectations

• Ex: vandalism, public intoxication, etc.

what is occupational crime

offenses committed through opportunities created in a legal business/occupation; type of white-collar crime

what is organized crime

• structured group that makes profit through illegal activities & survives through the use of force, threats, corruption

• Usually provide services/activities that aren’t obtained legally & maximize profit

• Generally span over multiple states/countries & overlap over many jurisdictions

what is transnational crime

• crimes whose planning or execution crosses the borders of countries

• Provision of illicit goods → child pornography, human trafficking, etc.

• Provision of illegal services → counterfeit goods, drugs, guns

• Infiltration of business or government → money laundering, extortion

• Generally committed by formal organizations/gangs

• difficult to combat because of overlapping jurisdictions

what are victimless crimes

willing/consenting legal offenses where no one is an identifiable victim; Ex: piracy, sex work, drug use, etc.

what is a political crime

• Criminal acts committed usually for an ideological purpose that are considered a threat against the state

• Criminal acts committed by the state

• Ex: campaign finance violations, lying under oath, treason, releasing classified documents, assassinations, terrorism

what is cybercrime

Use of technology to commit crimes against people, property, public order, morality; Ex: dissemination of child pornography, identity theft

what is the Uniform Crime Report (UCR)

• annually published statistical summary of crimes reported to police based on voluntary reports to FBI by local, state, federal law enforcement agencies

• Accuracy can be compromised because reports are voluntary; departments may withhold information

• Collects data on 29 crimes

• Didn’t consider demographics for all crimes

what is the National Incident-Based Reporting System (NIBRS)

• replaced UCR in 2021

• Collects data on 46 crimes in 22 categories

• Police must provide all information about the crime, demographics, victim, offender, property

what is the National Crime Victimization Survey (NCVS)

• Bi-annual survey of a sample of households asking questions about victimization

• Attempts to examine the populations most at risk of victimization

• Provides data for crime prevention efforts

• Information from victims isn’t always accurate/reliable

what is the dark figure of crime

• all crimes that aren’t reported by police & aren’t captured in official data

• Most underreported crimes = sexual assault, domestic violence, white collar crime

• Exists across all crime data systems

• Makes people think they’re more safe than they are

what are the main reasons why victims might not report a crime

• Victim feels as though nothing can be done

• Victim thinks it’s not important enough to report

• Victim thinks it’s too personal/private

• Victim thinks the police won’t care

what are the PROs of legalizing drugs

• Economic growth

• Regulation & quality control

• Decrease in illegal trade

• Reduce stigma

what are the CONs of legalizing drugs

• Increase in drug use

• Higher rates of drug related offenses

• Drugs are more accessible

what are the PROs of legalizing sex work

• Safer working conditions

• Full protection of the law

• Decrease stigma

• Economic growth

• Personal choice

what are the CONs of legalizing sex work

• Human trafficking

• Violence

• Exploitation

what are the PROs of legalizing aid in dying

• Respect for autonomy

• Relief of suffering

• Safe medical practice

what are the CONs of legalizing aid in dying

• Normalizes suicide

• Suicide contagion

• Slippery slope

• Depression in advanced illness

what is criminology

• scientific study of crime; interdisciplinary

• Studies why people commit crime & patterns of criminal behavior

• Analyzes effect of crime on society & crime as a social phenomenon

• Influenced by sociology, psychological behaviors, how law interacts with society

what is criminal justice

• studies the systems of law enforcement

• influenced by procedures & policies, enforcing the law

• Analyzes how the system interacts with individuals, how systems determine criminals’ fate

• Involves police, lawyers, courts, corrections

what are criminological theories

• frameworks that explain patterns of crime & why crime looks the way it does across society

• Theories don’t aim to be right; they aim to be useful depending on the context they’re applied in

what is the supernatural era of criminology

• crime was explained in the supernatural/spirituality

• Influenced by religion, demonology; severe physical punishments

• Viewed deviance as a result of demonic influence/possession

• Ex: Salem witch trials

what was the renaissance era of criminology

• (1450-1600) rediscovery of thinking by ancient Greeks

• Human-centered naturalism, advances in science & arts

• Physiognomy → study of face/body features to indicate personality

• People’s physical appearance became more tied to reflections of character

what was the enlightenment era of criminology

• (1650-1800) reason, logic, scientific inquiry = central POV

• Emerging concern for human rights & criminal justice reform

• Advancements in math, science, reasoning, rational thought

what was the industrial revolution & age of science era of criminology

• More people moving to cities, poverty is more visible, crime is measurable/observable

• Increasing belief in scientific reasoning

• positivist school, biological determinism, craniometry, phrenology

what is the positivist school of criminology

crime results from biological/psychological forces outside of a person’s control

what is biological determinism

some people are born criminal and that can’t be changed; emergence of Darwinism & eugenics

what is craniometry

• skull represents inferiority/superiority of certain individuals

• Racist; conveyed Western/white people as being more superior

• Biased measurements of brain volume/weight favored eugenics

what is phrenology

bump/abnormality on the skull directly correlates to abnormality in brain development

what was the progressive era of criminology

(1890-1920) focused on how problems with environment & society can drive people into crime; advocated for social reform

what was the critical reform era of criminology

• People criticized environmental reasonings for crime; emphasis on psychology & sociology

• Theories began to scrutinize American society

• Emergence of Marxist criminology

  • Crime isn’t evenly enforced; legal system serves powerful under capitalism

  • Helped draw attention to corporate/white collar crime

what was the modern period era of criminology

combines environmental & psychological approaches into biosocial theories; advances in neuroscience, technology, genetics

what are classical theories of criminology

• Free will

• Cost vs. benefit → when someone commits a crime they weigh the potential costs/benefits; rewards outweigh perceived risks

• Fear of punishment → cost of crime is increased so much that people don’t commit crime

• Punishment must fit the crime

what are positivist/biosocial theories of criminology

• Physical, mental, social explanations for crime

• Criminals are biologically different/criminogenic; people are born criminal

• Science can treat criminality

• Reinforced & justified notions of racism

what are psychological theories of criminology

• Emphasize mental processes; furthered by Freud

• Examine impulse control, trauma, attachment, personality disorders, emotional regulation

what is psychopathy

innate condition you’re born with; not necessarily caused by environment; emotionally volatile, unpredictable behavior, blend into society (ex: Ted Bundy)

what is sociopathy

environmentally based; developed in response to trauma/abuse, instability, social marginalization, etc. (ex: Richard Ramirez)

what are sociological theories of criminology

• consider how society shapes crime

• environmental/social conditions, education, family structure, etc.

• argues that crime follows patterns of inequality, opportunity, power

what is anomie under sociological theories of criminology

breakdown of social norms; when people are denied legitimate ways of achieving success/goals, they turn to other methods

what is labelling theory under sociological theories of criminology

once someone is labeled a criminal, this shapes how they are treated

what are life-course theories of criminology

• looks at crime across lifespan

• Considers where criminality starts & stops through age-time curve

• Turning points → something in someone’s life that turns them away from crime

what are integrated theories of criminology

combine multiple theories

what is victimology

• branch of criminology; scientific study of the causes of victimization, its consequences, how criminal justice system accommodates & assists victims

• Before the 1950s, main concern = how the victim contributed to their own victimization

what is victim precipitation

extent to which a victim is responsible for their own victimization

what is victim facilitation

when a victim unintentionally makes it easier for an offender to commit crime

what is victim provocation

when a person does something that incites another person to commit an illegal act

what are the main questions in victimology

who is the victim?

what caused the victimization?

what is the cost of victimization?

why might someone not come forward?

what resources are available?

how can victimization be prevented?

how to victimologists assess victims

examine demographics to determine patterns & risks (ex: age = large predictor of victimization)

what are consequences of victimization

• Physical consequences (ex: injury)

• Psychological consequences (ex: PTSD, anxiety) → adaptive responses

• Emotional consequences (ex: fear of re-victimization, anger, grief)

• Social/relational consequences (ex: social isolation/withdrawal)

• Financial consequences (ex: costs of medical treatment/rehab, legal fees)

• Broader social costs (ex: law enforcement/criminal justice system expenses)

what is a victim

anyone who experiences harm as a result of the crime

what are secondary victims

victims who weren’t directly involved in the crime but are impacted by it (ex: trauma/PTSD from witnessing crimes)

what are reasons a victim might not come forward

• Fear of retaliation

• Fear of not being believed

• Shame, guilt, self-blame

• Relationship to the offender

• Distrust of police or courts

• Immigration concerns

• Financial dependence

what resources are available for victims

• Victim advocacy programs

• counseling/mental health services

• Shelters & crisis hotlines

• Compensation programs

• Legal advocacy & accompaniment

how can victimization be prevented

• Individual → awareness/education

• Situational → better street lights, pepper spray

• Social → neighborhood watch programs, social gatherings