Crime & Justice - Exam #1

Three purposes of criminal justice

Criminal laws must

have a name, specify undesired event, describe event, when, where, punishment

August Vollmer

First American Chief of police to create a police training academy and radios

Lyndon B Johnson

established the Commission of law enforcement and administration – supposed to combat all the corruption

1960’s

children and women’s rights, individual protections and rights, Miranda Rights

Ronald Reagan

“war on drugs” era - 1980’s

1990’s

“get tough on crime” era

What did Reagan call teenagers?

Super predators

2000’s

White-collar crime, Ponzi schemes, terrorist attacks, Patriot Act

Patriot Act

A result of 9/11, increases investigatory authority of federal, state, and local agencies

4th amendment

search & seizure - no government agent may search your property without approval and documentation from a judge  

Megan Kanka

Megan’s Law

2011-2018

decrease in traditional crime, increase in cybercrimes, mass shootings

2019-Present

cybercrimes, decrease in all crimes except rape, murder, and agg. assault

mitigating circumstances

event that lessens your degree of responsibility

Due Process Model

Emphasizes individual rights at all stages of the justice system processing, treat everybody fairly, do everything by the book, follow procedure, go slow don't rush, do it correctly, protect and serve

Conflict Model

Emphasizes the efficient arrests, hurry up and make that arrest, don't take your time  

Justice

the principle of fairness; ideal of moral equity – treating everyone equal no matter what.  

Social justice  

An ideal that embraces all aspects of civilized life, treating people with fairness and the way they should be treated

Civil Justice: 

Concerned with fairness in relationships between citizens, government agencies, and business in private matters  

Criminal Justice:  

Concerned with the violations of the criminal law 

Administration of justice:  

The performance of activities within the criminal justice system. Filing documents, judges, paperwork, etc.

3 Core Components of Criminal Justice

1. Police and Law enforcement

2. Corrections

3. Courts

Police and law enforcement

protect and serve, ensure community safety

Corrections

take care of the individual while in custody and incarcerated, correction officers, half-way house workers. With respect and dignity and as humanely as possible.

Courts

conduct fair and impartial trials, due process – fairness, the law is followed, rights are preserved, you are not violated in any way

5th Amendment

amendment that requires due process, everyone will be treated fairly

14th Amendment

all men are created equal, due process, fairness in law enforcements and courts

6th Amendment

everything regarding to the court room and accused, right to self-representation  

Investigation

evidence collected, reconstruction of criminal event, attempts to identify suspects 

Arrest Warrant

issued by a judge, provides legal basis for apprehension of suspects by police.  

Criminal Justice Process

arrest, booking, first appearance/informal arraignment, preliminary hearing, information/indictment, arraignment, adjudication, sentencing, corrections, reentry

Arrest

Act of taking a person into custody 

Booking

Taking pictures, fingerprints, personal information from suspect, not allowed phone

First appearance/informal arraignment

Suspected are notified of the charges, advised of their rights, may have opportunity for bail (NO PLEA IS ENTERED) -- Suspect brought before a magistrate  

Magistrates' office

lowest level of court, elected for 6 years, must live where they practice  

magistrates job

reviews that booking info, consider hardships (family, where you work, dependents), how long they have lived here (Flight risk), trying to determine where or not you walk away or not, sets bail and bond 

“Prima Facie,”

at face value

Preliminary Hearing

Establishes whether there is sufficient evidence to continue the justice process; gives prosecutor the opportunity to test the strength of the evidence. 

• Everyone must be there: the accused, prosecutor, witness, victims, cops with evidence.  

• The person accused hears all the evidence

• victim testifies.  

• Magistrate decided whether to send it the next court level  

• Some charges may be dropped

Information

filed by the prosecutor seeking to continue the case (County prosecutions in PA)  

Indictment

a formal, written accusation issued by a grand jury, stating that there is probable cause to believe a person committed a crime and should stand trial

Accused does not have to be present 

Arraignment

Defendant hears information or indictment, is advised of rights, and is asked to enter a plea: Guilty, not guilty, Nolo Contendre (No contest) -County court level

guilty plea

Might sentence right on the spot if plead, might ask them to come back in 2 weeks 

Not Guilty Plea

asl if they want to go to court, option of bench trial (just the judge) or jury trial – 6^th amendment  

Nolo Contendre/No Contest:

“I'm not saying” = guilty plea. Saying you didn't do it but will take responsibility and not put a victim through trial. Does not stop you from receiving punishment

Adjudication

Trial is an adversarial PROCESS before a judge and/or jury to decide guilty or innocence 

Sentencing

Punishing determined by judge. Hearing may be held to allow both sides to present information to influence the judge's decision  

Most common form of punishment

Probation

Corrections

Period of following sentencing, involves imposition of sentence imposed on the defendant 

Reentry

Following corrections, an offender may be returned to the community – parole  

UCR P1: Personal Crimes

Murder, rape, robbery, aggravated assault

UCR P1: Property Crimes

burglary, larceny (theft), motor vehicle theft, arson

Murder

The unlawful killing of a human being

First degree murder

criminal homicide that is planned (malice)

Second Degree Murder

intentional killing but generally unplanned, must commit a felony first

Third Degree Murder

Murder that is not classified and first or second degree - avoid trial

Spree killings

killings at two or more locations with almost no time break between murders - one continuous action

Mass murder

killing four or more victims at one location, within one event (only includes victims)

Serial Murder

killing several victims in three or more specific events over any amount of time

What crime has the highest clearance rate?

Murder

Rape

unlawful sexual intercourse achieved through force and without consent

Least reported violent crime

rape

Robbery

the unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence and/or putting the victim in fear

Strong-arm robbery

occurs through intimidation, rather than with a weapon

Street/highway robbery

robbery that occurs outdoors

Carjacking

type of robbery, not theft

Aggravated assault

involves a weapon or victim requires medical assistance

Burglary

The unlawful entry of a structure to commit a felony or theft

Three classifications for Burglary

Forcible entry, unlawful entry (no force), attempted forcible entry (first steps in starting a crime)

Larceny Theft

the unlawful taking or attempted taking of property from the possession of another, no fear or force, not in immediate possession just something you own

motor vehicle theft

no intent to return vehicle, has to be legally drivable on roadway or waterway

Unauthorized use of a motor vehicle

know who took it, believe it will be returned

Arson

any willful or malicious burning, with or without intent to defraud, a dwelling, public building, motor vehicle, etc.

Crime typology

A classification of crimes along a particular dimension, used in the study and description of criminal behavior 

Corporate crimes

A violation of criminal statue by a corporate entity or by its executives, employees, or agents for the benefit of the corporation 

White collar crime

Financially motivated and nonviolent crime committed by business and government professionals  

Terrorism

An violent act or an act dangerous to human life in violation of the criminal laws of the US or of any state, committed to intimidate or coerce a government, the civilian

Uniform Crime Reporting Program (UCR)

Began in 1930 when congress designated the FBI to implement a national crime statistic program, mandatory, uses standardized definitions of offenses to ensure uniformity in reporting, one page long

Nation Incident-Based reporting System (NIBRS) 

Incident driven crime data, FBI accepted it in January of 1989, has not been fully adopted, 30 pages long

Nation Crime Victimization Survey (NCVS)

run by the Bureau of Justice statistic