Criminal Justice 103

CHAPTER 1

Crime and Justice in America

Crime

The breaking of a law in which the penalty can include loss of liberty

Law

A codified norm (civil vs. criminal)

Norm

A societal standard of action or behavior

Deviance

The breaking of a norm

What is the goal of criminal justice?

To maintain social order (control deviance)

[True/False] Crime has increased over time

False, crime has been on the decline since the early ‘90s

[True/False] Crime is a social construct

True

Public Policy

Priorities and actions developed by government to use public resources as a means to deal with issues affecting society

Evidence-Based Practices

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

Ex) Education prevents crime, so education should be more utilized since it has positive effects

Crime-Control Model (Assembly Line)

A model of criminal justice system that assumes freedom is so important that every effort must be made to repress crime

Emphasizes efficiency and speed

Due-Process Model (Obstacle course)

A model of criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information

Emphasizes adversarial process, the rights of defendants, and formal decision-making procedures

Mala in se

Offences that are wrong by their very nature

Mala prohibita

Offenses prohibited by law but not wrong in themselves

Felonies

Serious crimes usually carrying a penalty of incarceration for more than one year or the death penalty

Misdemeanors

Offenses less serious than felonies and usually punishable by incarceration of no more than one year, probation, or intermediate sanctions.

Visible Crimes

An offense against persons or property that is committed primary by members of the lower social classes

Often referred to as “street crime” or “ordinary crime,” this type of offenses is the one most upsetting to the public

Violent Crimes

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

Property Crimes

Crimes in which property is damaged or stolen

Public Order Crimes

Acts, such as public drunkenness and disorderly conduct, which threaten society’s well-being and makes citizens fearful

Victimless Crimes

Offenses involving a willing and private exchange of illegal goods or services that are strong in demand

Participants do not feel they are being harmed, but these crimes are prosecuted on the grounds that society as a whole is bein harmed

Political Crime

An Act, usually done for ideological purposes, that constitutes a threat against the state (such as treason, sedition, or espionage) of a criminal act by a state

Occupational Crime

A criminal offense committed through opportunities created in a legal business or occupation

Organized Crime

A framework for the perpetration of criminal acts — usually in fields, such as gambling, drugs, and prostitutions — providing illegal services that a great in demand

Money Laundering

Moving the proceeds of criminal activities through a maze of businesses, banks, and brokerage accounts in order to disguise their origin

Transnational Crime

Profit-seeking criminal activities that involve planning, execution, or victimization that crosses national boarders

Cybercrimes

Offenses that involve the use of one or more computers.

Identity Theft

The theft of social security numbers, credit card numbers, and other information in order to secure loans, withdraw bank funds, and purchase merchandise while posing as someone else

Dark Figure of Crime

A metaphor referring to the significant yet undefined extent of crime that is never reported to the police

Uniform Crime Reports (UCR)

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

National Incident-Based Reporting System (NIBBRS)

A reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim, and property

National Crime Victimization Survey (NCVS)

Interviews of samples of the U.S. population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimization, and this, the extent of unreported as well as reported crimes

CHAPTER 2

Victimization and Criminal Behavior

Lifestyle-Exposure Theory

A criminological theory stating that a person’s everyday lifestyle and routines directly influence their risk of becoming a victim of crime.

Routine Activities Theory

A criminology theory stating that a crime occurs when three specific elements converge in time and space: a motivated offender, a suitable target, and the absence of a capable guardian.

Hotspots

A place where a lot of crime is reported (crime is concentrated)

[True/False] Most of the time, victims and offenders know each other

True

[True/False] The cost of crime in the U.S is relatively low

False, the cost of crime is over 100’s of billions of dollars

Victimology

A field of criminology that examines the role the victim plays in precipitating a criminal incident and the impact of crimes on victims

Revictimization

The victimization of an individual more than once over a long period of time, such as repeated incidents of domestic violence spread out over several years

Victim Precipitation

The role of victims in fostering the context or triggering the action that led to their victimization of a crime

Classic Criminology

A school of criminology that views behavior as stemming from free will, that demands responsibility and accountability of all perpetrators, and that stresses the need for punishments sever enough to deter others

Neoclassism Criminology

A resurrection of the concept of rational choice and renewed interest in classical ideas in criminology in repones to the conservative moment

Positivist Criminology

A school of criminology that views behavior as stemming from social, biological, and psychological factors

It argues that punishment should be tailored to the individual needs of the offender

Criminogenic Traits

Factors thought to bring about criminal behavior in an individual

Biological Explanations

Explanations of crime that emphasize physiological and neurological factors that may predispose a person to commit crimes

Psychological Explanations

Explanations of crime that emphasize mental processes and behavior

Sociological Explanations

Explanations of crime that emphasize the social conditions that bear on the individuals as causes of criminal behavior

• Social Structure theories

• Social Process theories

• Social Conflict theory

Social Structure Theories

Theories that attribute crime to the existence of a powerless lower class that lives in poverty and deprivation and often turns to crime in response

Anomie

A breakdown in a disappearance of the rules of social behavior

Social Process Theories

Theories that see criminality as normal behavior

Everyone has the potential to become a criminal, depending on (1) the influence that impel one toward or away from crime and (2) how one is regarded by others

Learning Theories

Theories that see criminal behavior as learned, just by legal behaviors is learned

Theory on Differential Association

The theory that people become criminals because they encounter more influences that view criminal behavior as normal and acceptable than influences that are hostile to criminal behavior

Control Theories

Theories holding that criminal behavior occurs when the bonds that tie an individual society are broken or weakened

Labeling Theories

Theories emphasizing that the causes of criminal behavior are found not in the individual but in the social process that labels certain acts as deviant or criminal.

Social Conflict Theories

Theories that assume criminal law and criminal justice systems are primary a means of controlling the poor and the have-nots

Life Course Theories

Theories that identify factors affecting the start, duration, nature, and end of criminal behavior over the life of an offender

Opportunity Perspective

An umbrella framework stating that criminal behavior is heavily determined by immediate, situational opportunities rather than just an offender's personal traits

For crime to happen, an opportunity must be present

[True/False] Theories traditionally focus on female offending

False, theories focus on male offending, and did not explain the differences between men and women

CHAPTER 3

Cause of Crime

What are the goals of the Criminal Justice System?

• Doing “justice”

• Controlling crime

• Preventing crime

[True/False] The state/local process more criminal cases than the federal government

True, state/local law enforcement deals with most crime

3 C’s of the Criminal Justice System

• Cops

• Courts

• Corrections

Federalism

A system of government in which power is divided between a central (national government and regional (state) governments

Discretion

The authority to make decisions without reference to specific rules or facts, using individualism and informativity in the administration of justice

Operation of Cops

Cops apprehend violators, combat/prevent crime, and provide social services

Operation of Courts

Courts determine guilt, but does not determine innocence (dual court system)

Operation of Corrections

Corrections is responsible for the supervision, treatment, and punishment of individuals who have been accused or convicted of crimes

Adjudication

The process of determining whether the defendant is guilty or not guilty

Criminal Justice Cake

Layer 1) Celebrated cases

Layer 2) Serious felonies

Layer 3) Lesser felonies

Layer 4) Misdemeanors

3 Possible Explanations for Disparities

• Minorities commit more crimes

• The Criminal Justice system is racist

• America as a whole is a racist society

Dual Court System

A system based on a separate judicial system for each state, in addition to a court system under the national government. Each case is tried in a court of the same jurisdiction as that of the law of laws allegedly broken

Arrest

The physical taking of a person into custody on the grounds that probable cause exist to believe that they have committed a criminal offence

Police may use only reasonable physical force in making an arrest. The purpose of the arrest is to hold the accused for a court proceeding

Warrant

A court order authorizing police officials to take certain actions; for example, to arrest suspects or search premises

Information

A document charging an individual with a specific crime. It is prepared by a prosecuting attorney and presented to a court in a preliminary hearing

Indictment

A document returned by a grand jury as a true bill charging an individual with a specific crime on the basis of a determination of probable cause from evidence presented by a prosecting attorney

Disparity

The unequal treatment of a member of one demographic group by the criminal justice system, compared with treatment accorded members of other groups

Discrimination

Differential treatment of individuals or groups based on race, ethnicity, sexual orientation, or economic status, instead of treatment based on the actual behavior or qualifications of each individual

CHAPTER 4

Foundations of Criminal Law

Written Law

Laws that have been formally enacted, drafted, and published by a legislative body or governing authority, rather than established by unwritten customs.

• Constitutions

• Statues

• Court decisions (case law)

• Administrative regulation

Ordinance Violation

A breach of a local law enacted by a municipal government (such as a city, town, or county) rather than a state or federal law.

Ex) Getting a ticket for violating a city noise curfew by hosting a loud party past 10:00 PM.

Excuse Defenses

• Duress (coercion)

• Entrapment

• Infancy (immaturity)

• Mistake of fact

• Intoxication

• Insanity — which is a legal term

Legal Responsibility

The accountability of an individual for a crime because of the perpetrator’s characteristics and the circumstances of the illegal act

Civil Law

Law regulating the relationships between individuals, usually involving property, contract, or business disputes

Substantive Criminal Law

Law defining acts that are subject to punishment and specifying the punishments for such offenses

Procedural Criminal Law

Law defining the procedures that criminal justice officials must follow in enforcement, adjunction, and corrections

Common Law

The Anglo-American system of uncodified law, in which judges follow precedents set by earlier decisions when they decide new but similar cases

Precedents

Rulings by judges on specific cases, establishing legal principles to be used in making decisions on similar cases

Constitution

The basic laws of a country or state defining the structure of government and the relationship of citizens to that government

Statutes

Law passed by legislatures. Statutory definitions of criminal offenses are found in penal codes

Case Law

Court decisions that have the status of law and serve as precedents for later decisions

Administrative Regulations

Rules made by government agencies to implement specific public policies in areas such as public health, environmental protection, and workplace safety

Civil Forfeiture

Confiscation by the sate of property used in or acquired through a crime

In recent years police have used civil forfeiture to seize property that they believe was purchased with drug profits

The Seven Principles of Criminal Law

1: legally proscribed — (legality)

2: human conduct — (actus reus | action)

3: causative — (causation | relationship between an act and the harm suffered)

4: of a given harm — (harm)

5: which conduct coincides — (concurrences | Intent)

6: with a blameworthy frame of mind — (mens rea | guilty mind)

7: and is subject to punishment — (punishment)

Inchoate Offense

Conduct that is criminal even though the harm that the law seeks to prevent has been merely planned or attempted but not done

Ex) People can be prosecuted for trying to hire a hitman, or planning a murder

Mens rea

“Guilty mind” or blameworthy state of mind, necessary for legal responsibility for a criminal offense

Entrapment

The defense that the police induced the individual to commit the criminal act

Procedural Due Process

The constitution requirement that all people be treated fairly and justly by government officials

Self-Incrimination

The act of exposing oneself to prosecution by being forced to respond to questions whose answers may reveal one has committed a crime

People cannot be forced to respond to questions whose answers may reveal that they have committed a crime

Double Jeopardy

The subjecting of a person to prosecution more than once in the same jurisdiction for the same offenses; prohibited by the 5th Amendment

Simple) You can’t be charged twice for the same crime in the same jurisdiction