Criminal Justice System Ch. 1-4

Conservative vs. Liberal Crime Policy

Liberal view: Civil liberties should be emphasized

Conservative view: Focus on Law and Order

crime control vs. due process

due process: law is a value

• focus on civil liberties

• judicial branch emphasis

• individual rights of accused

crime control: order is a value

• focus on come prevention

• executive branch emphasis

• discretion (making choices)

Misdemeanors vs. felonies 

misdemeanor: less serious, less than one year in prison and can be punished by probation or fines

felonies: serious crimes with more than one year in prison and can be punished by death

Types of crimes: visible

crimes against people/ property

• usually younger in age, lower social classes in public

• violent crimes, property crimes or public order

Types of crime: occupational

• for the benefit of the employing organization

• through the exercise of government authority

• committed by professionals

• committed by individuals as individuals

Types of crime: organized crime

• minimum risk + maximum profit

• often involves “goods” like prostitution or drugs

• often perpetrated by gangs or specific demographic groups

• ex: money laundering, or illegal distribution of toxic waste

Types of crimes: transnational crime

• provision of illicit goods (drug trafficking)

• provision of illegal goods (human trafficking)

• money laundering in some cases

Types of crime: cybercrime

• connected to organizational crime

• can be transnational

• includes child pornography, ID theft, and fraud

what is the crime rate?

373 violent crimes per 100,000 people in 2015

2,487 property crimes per 100,000 people in 2015

Who is more likely to commit crime?

White males from ages 16-24 years old.

Mala in se vs. Mala prohibita

Mala in se: acts in itself that are wrong (ex: murder, rape, theft)

Mala prohibita: act prohibited by the government that aren’t wrong in themselves (ex: jaywalking, loitering, gambling)

Fear of crime

• fear limits freedom + creates anxiety among women and the elderly

• 35% of people fear walking in their own neighborhoods

• levels are based on gender, income, and place of residence

• people tend to feel more safe in their own neighborhoods than their own city

• fear of crimes is higher than actual crime rates

Lifestyle-exposure theory

The theory that explains how people are more likely to be the victim of a crime based on their daily routines and life choices

Routine activities theory

The theory that there has to be:

1. a motivated offender

2. a suitable target

3. lack of capable guardian

in order for a crime/victimization event to occur

Classical vs. positivist criminology

classical criminology: (school of thought 1600-1700)

• led by educated pillars (scholars and writers)

• concerned with why and how to respond

• legal system needed to be formalized

• less barbaric and arbitrary punishments (like burned at the stake or nailed to cross)

• due process and focus on behavior

• Goal of punishment: deterrence, retribution, rehabilitation, and incapacitation

• criminal behavior is rational

positivist criminology: (mid 1800’s)

• “scientific method” science can reveal why people commit crimes

• Cesare Lombroso: the modern father of criminology

• offender-based responses

• lot discretion

• intermediate sentencing

Theories—> Research —> Policy

theories help explain crime, research tests those theories using real-world data, and policies are created or reformed based on what the research shows is effective

Federalism

Divides power for criminal justice between national and state governments- it is decentralized

• Majority of laws are written by state legislatures

• since the 1960’s, the federal government has increasingly expanded its role

• technology-based crimes have blurred or removed state jurisdictions

the U.S constitution

• the constitution does not include criminal justice among the federal government’s power

• agencies like the FBI enforce national laws and have jurisdiction throughout the country

• most criminal justice activity occurs at the state level even though there are federal courts and federal prisons

The Bill of Rights

contains the first 10 amendments to the constitution passed in 1791 but only 4 are related to criminal justice:

• 4th: Bars unreasonable search and seizures

• 5th: Due process

• 6th: Provides fair + speedy trial, impartial jury, and the right to counsel

• 8th: Bars cruel and unusual punishments

14th Amendment

the right to due process and equal protection

Procedural vs. substantive criminal law

procedural: how should the law be enforced?

• protects the constitutional rights of defendants and provides the rules that officials must follow

Substantive: (penal code) what is illegal?

• some states allow substantive criminal law to be changed by voters

plea bargaining

the defense attorney and the prosecutor reach an agreement that if the defendant agrees to plead guilty, their sentence can be reduced or charges to be reduced.

• sure and quick conviction

• shorter sentence

• attorney can move onto next case

• also frees up jail space

discretion

police officers, prosecutors, defense attorneys, and judges can make decisions based on their own self-interest

Mens rea vs Actus rea

Mens rea: Act occurs with guilty state of mind

Actus rea: a person must perform an act

Steps in the Criminal Justice process

1. Investigation: community reports offense

2. Arrest: person taken physical or issues warrant (court order)

3. Booking: transported to police station (fingerprints + mugshot)

4. Charging: up to prosecuting attorneys

5. Initial appearance: brought before judge, probable cause must be present

6. Preliminary hearing: hearing in about half the states, grand jury for federal cases

7. Indictment : prosecutor presents formal charge to court

8. Arraignment: accused person enters plea

9. Trial: for those pleading not guilty

10. Appeal: request for review by higher court

11. Corrections: carries out sentence

12. Release: after serving full sentence or on parole

Excuses and defenses for crime

• Coercion: being forced to do something against ones will

• Entrapment: government agents induce the crime

• Infancy: Assumes children can lack mens rea

• Mistake of fact: An error in some crucial aspect may excuse and otherwise illegal act

• Intoxication: Willingly getting drunk is not a defense, a person has to be tricked into intoxication

• Insanity: very rare defense and banned in 4 states.