Criminology

Criminology

The study of crime, criminal behavior, and the criminal justice system.

Crime

Any act or result prohibited by public law and punishable by a fine, imprisonment, or other sanctions.

Washington State - RCW

A collection of all laws and statutes in Washington State.

UCR (Uniform Crime Reporting)

A nationwide program administered by the FBI that tracks crime rates from law enforcement.

NCVS (National Crime Victimization Survey)

A survey that collects data about households' experiences with crime, regardless of police reports.

Clearance Rate

The proportion of reported crimes that have been solved by arrest or other legal action.

Comparative Results

An analysis of crime data from different places or times.

Ideal Definition of Crime (Reiman and Leighton)

Crime is a social construct influenced by political and economic powers, defined by harm caused to people.

Over-criminalization

The criminalization of behaviors that may not be harmful.

Under-criminalization

Failure to classify harmful behaviors as crimes due to social or political influence.

White-Collar Crime

Crimes committed by people in positions of power, often involving financial harm.

Criminal Intent

The mental state of the defendant at the time of committing the crime.

Purposeful Intent

A clear intention to commit a particular crime.

Knowingly Intent

The individual intends to commit an act but not specifically the criminal outcome.

Reckless intent

Awareness of a risk that harm will result but proceeding anyway.

Negligence intent

Failing to be aware of a risk where a reasonable person would have been.

Legislative Bias

Laws that disproportionately affect certain groups in society based on race or class.

Magnitude of Harm

The seriousness of the harm caused by a crime affects its legal definition and the severity of punishment.

Policing

The act of enforcing laws and maintaining public order.

Robert Peel’s Principles

Nine principles emphasizing community cooperation in policing and preventing crime and using force only when neccessary and the least amount of force needed

Four Levels of Policing

City, County, State, and Federal

Four Functions of Police

Law enforcement, crime prevention, maintaining order, and providing services.

Discretion in Policing

Police officers' ability to decide how to act in specific situations.

Search and seizure

The Fourth Amendment limits police searches to protect citizens from unreasonable searches and seizures

Miranda Warning

The requirement that suspects be informed of their rights.

Exclusionary Rule

Evidence obtained illegally cannot be used in court, with some exceptions

Police Misconduct

illegal or unethical actions by police officers, such as excessive force, racial profiling, or corruption. Bias can be both implicit and explicit, leading to unfair treatment of certain groups and violations of individuals' rights.

Reforming the Police

Proposals for reform include changes to training, accountability, de-escalation tactics, and community-oriented policing.

Defunding the Police (Vitale)

focuses on reallocating funds from traditional policing to social services such as mental health care, education, and housing, with the idea that addressing the root causes of crime will lead to a safer society.

Court Structure

The organization of the court system, including different levels of courts.

Appellate Jurisdiction

 Courts that have the authority to review decisions made by lower courts (e.g., Court of Appeals)

• includes intermediate appellate courts and courts of last resort

Original Jurisdiction

Courts that hear a case for the first time (e.g., trial courts). They determine the facts and apply the law to those facts

• includes courts of general and limted jurisdiction

Separate Juvenile System

A system that focuses on rehabilitation for minors in legal cases

• criminal offenses- illegal regardless of age

• status offenses- illegal because of age (eg having alcohol)

• dependency cases- abuse/neglect from caretakers

Flow of Cases

How cases move through the criminal justice system from investigation to appeal.

• arrest

• initial appearance

• preliminary hearing

• pre-trial hearings

• trial

• sentencing

• appeals

Adversarial Process

 A legal system where two opposing sides (prosecution and defense) present their cases before a judge or jury, who decides the outcome

Plea Bargaining

A process in which a defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence or other concessions. It helps to reduce court backlogs and ensures faster resolutions of cases.

Roles and Powers of Prosecutor

• whether charges will be brought or the case will be dismissed

• what the specific charges will be

• whether to divert from prosecution.

• what deal to offer in a plea bargain

Prosecutor’s Dilemma

The tension prosecutors face between seeking justice and securing convictions, which can lead to issues such as prosecutorial overreach

Four functions of the Judge

• Ensure Fair Trials: Judges ensure that trials are conducted according to the law and that both sides have a fair opportunity to present their cases.

• Rule on Evidence: Judges decide which evidence is admissible and what can be presented in court.

• Provide Sentences: After a conviction, judges determine the appropriate sentence within the legal guidelines.

• Maintain Order in the Court: Judges ensure that court proceedings are conducted respectfully and without disruptions.

Right to Criminal Defense

The constitutional right for defendants to be represented by an attorney.

Indigent Defense

Legal representation for defendants who cannot afford private attorneys

• Public Defenders: Government-employed attorneys who represent defendants who cannot afford private attorneys.

• Court-Appointed Attorneys: Private attorneys appointed by the court to represent indigent defendants.

• Legal Aid Organizations: Nonprofit organizations that provide free legal services to low-income individuals.

Biases in the Court System

Disparities in the court system can occur based on race, socioeconomic status, or other factors, leading to unequal outcomes for certain groups. For example, studies show that racial minorities, especially Black defendants, often receive harsher sentences than white defendants for similar crimes

Bail

The amount of money or property a defendant must provide to be released from jail pending trial. Bail serves as a guarantee that the defendant will appear for their court date. If the defendant doesn’t show up, the bail can be forfeited.

Public Defense

The system through which legal representation is provided to defendants who cannot afford to hire private attorneys. Public defenders are often overworked and underfunded, leading to challenges in providing quality defense.

5 Goals of Sanctions

• Retribution: Punishment as a way to "pay back" the offender for their wrongdoing. This is focused on justice and ensuring that offenders receive a punishment proportional to their crime.

• Deterrence: The idea that punishment will discourage the offender and others from committing similar crimes in the future.

• Incapacitation: Preventing offenders from committing further crimes by removing them from society (e.g., through imprisonment).

• Rehabilitation: Aims to reform offenders so they can reintegrate into society without reoffending.

• Restoration: The goal of repairing the harm done to victims, often through restorative justice programs that emphasize dialogue between the offender and the victim.

5 types of sanctions

• Community Supervision: Includes probation (supervised release instead of jail time) and parole (supervised release after serving time).

• Fines and LFOs (Legal Financial Obligations): Financial penalties imposed as part of the punishment for a crime.

• Incarceration: Imprisonment in a jail or prison as a form of punishment.

• Intermediate/Alternative Sanctions: These are alternatives to incarceration, such as house arrest, electronic monitoring, or drug treatment programs.

• Death Penalty: A state-sanctioned punishment where the offender is executed, typically for the most heinous crimes (e.g., murder)

Evaluating the System

Criminologists and policymakers evaluate the effectiveness of the criminal justice system in achieving its goals (e.g., reducing crime, ensuring fairness, rehabilitating offenders).

Reforming the System (Reiman and Leighton)

Reiman and Leighton argue that the criminal justice system disproportionately targets marginalized groups. They advocate for reforms to address inequality, focus on rehabilitation, and tackle root causes of crime, such as poverty.

Protecting Society vs. Promoting Justice

The criminal justice system must balance protecting society from criminals (public safety) with ensuring that justice is done in a fair and equitable way. There is often tension between these two goals, especially when policies disproportionately impact vulnerable groups.

Four arguments about white-collar vs. street-level crime

• purposely trying to harm someone is more evil than harming someone without trying to

• direct harm is more terrifying than indirect harm

• harm in the course of illegitnimate activity (eg robbery) is more evil than harm in the course of legitimate activity (eg business)

• the harms done to victims of typical crimes (eg robbery) are against their will but workers have consented to taking risks by taking the job

Legislative inaction

When lawmakers fail to address certain harmful behaviors due to social, political, or economic interests (eg. not criminalizing corporate environmental violations)

Warantless searches

Searches conducted without a warrant, which are only allowed in specific circumstances (e.g., exigent circumstances or consent).

Reiman and Leighton lit review

They highlight how power structures influence the criminal justice system, and how bias in policing perpetuates inequality (eg. racism and classism)

Causes of police bias

Institutional racism, societal stereotypes, lack of diversity within departments

The “structural” problem

The idea that the core issues of policing are rooted in institutional structures, not just individual behavior

General jurisdiction

Courts that can hear a wide range of cases, including civil and criminal cases (e.g., District or Superior Courts).

Limited jurisdiction

Courts that are restricted to hearing specific types of cases, such as traffic courts, family courts, or small claims courts.

State courts

In Washington, the state courts handle most cases, including criminal, civil, family, and traffic cases.

Federal courts

Handle cases involving federal law, constitutional issues, or disputes between states or international parties. These courts are organized into District Courts (trial level), Courts of Appeals (intermediate appellate level), and the U.S. Supreme Court (highest court).

Prosecutorial abuse and immunity

Prosecutors generally have immunity from lawsuits when they perform their duties, even if they make mistakes or act improperly. However, there are limits to this immunity.

Probation vs Parole

Probation occurs before or instead of imprisonment, while parole happens after serving time in prison. Both involve supervision by a probation officer.

Prisons and jails

Jails are typically for short-term detention, while prisons are long-term facilities for those convicted of serious crimes.

Sentencing guidelines

These guidelines determine the appropriate sentence based on factors such as the severity of the crime and the offender’s criminal history.

Mandatory sentences

Laws that require judges to impose a minimum sentence for certain crimes, such as "three strikes" laws, which mandate life sentences for repeat offenders.

Indeterminate vs Determinate sentences

• Indeterminate Sentences: These sentences do not specify an exact length of time, but rather a range (e.g., 5-10 years). The offender’s release depends on rehabilitation and parole decisions.

• Determinate Sentences: These sentences set a fixed length of time for imprisonment (e.g., 10 years without parole).

Data on mass incarceration

The U.S. has one of the highest incarceration rates in the world. Mass incarceration refers to the over-incarceration of certain groups, especially people of color, often driven by policies such as the War on Drugs

Recidivisism

The tendency of previously convicted individuals to reoffend

Levels of proof

Police need reasonable suspicion or probable cause to initiate searches or arrests. Probable cause is required for arrest, while reasonable suspicion may be enough for brief detentions or searches.

Racism

• racist beliefs- a negative cognitive evaluation of individuals or groups due to their racial identification

• racist actions- behaviors that cause harm to members of a certain race because of their race

• racist outcomes: the disproportionate subordination of members of a race in society