Criminology 101 - FINALS REVEIW

NCVS

National Crime Victimization Survey

UCR

Uniform Crime Reporting Program

Plain View Doctrine

A legal principle allowing law enforcement to seize evidence of a crime without a warrant if it is in plain sight.

Broken Window Theory

A criminological theory suggesting that visible signs of disorder and neglect cause an increase in crime.

Hot Spot Policing

A strategy that focuses law enforcement resources on specific geographic areas where crime is concentrated, aiming to reduce crime through increased police presence and intervention.

Deprivation Model

A model of prison subculture suggests that prison subculture results from the pains of incarceration

Goals of Sentencing

Deterrence, Rehabilitation, Incapacitation, and Retribution, Restorative Justice

Reactive Policing

Primary Objective → Rapid Response to Calls

Core Functions → Call Handling, Investigations

Distinguishing Characteristics → Reactive, Responsive

Measures of Success → Response & Clearance Rate

Proactive Policing

Primary Objective → Law Enforcement

Core Functions → Stops, Arrests

Distinguishing Characteristics → Proactive, Aggressive

Measures of Success → Citation Rate, Arrest Rate, Crime Rate

CompStat

First established by the New York City Police Department in the 1990s, CompStat is a performance management system that is used for crime analysis ad police management

Chimel v. California (1969)

Landmark Supreme Court Case that sets precedent for “protective” searches.

Protective Searches

What Officers may Search : The Defendant & physical area

Reasons for conducting searches: To protect arresting officers, prevent destruction of evidence, keep defendant from escaping

Illegal grounds: When search is conducted for any reason besides the valid ones, or goes beyond the limitations set by those found in Chimel V. California (defendant + personal space)

Police Discrection

The ability of law enforcement officers to make decisions on how to enforce the law based on the circumstances of a situation. It allows for flexibility in law enforcement, considering factors such as the severity of the offense and the context.

Exclusionary Rules

Legal doctrines preventing evidence obtained unlawfully from being used in court.

Exceptions:

Good-Faith Exception → Allows evidence seized on the basis of good faith, but later shown to be a mistake, to be used in court

Inevitable Discovery Exception → Allows evidence that would have been discovered lawfully to be admitted, despite initial unlawful acquisition.

Plain View Doctrine

Emergency Searches & Entry

Searches conducted without a warrant when there is an immediate threat to life, property, or evidence. These searches prioritize public safety and the prevention of harm.

Totality of Circumstances Test

Probable cause for issuing a warrant exists where an informant can be reasonably believed on the basis of everything the police know

Illinois v. Gates

Establishes the precedent known as “Totality of Circumstances Test”

Two-Pronged Test

Informant information could establish probable cause if:

• The source of the informant’s information is clear

• The officer has reasonable belief that the informant is reliable

Aguilar v. Texas

Establishes the Precedent known as the “Two-Pronged Test”

Goldstein’s 8 Goals of policing

To prevent and control conduct widely recognized as threatening to life and property (serious crime)

To aid individuals who are in danger of physical harm, such as the victim of a criminal attack

To protect constitutional guarantees, such as the right of free speech and assembly

To facilitate the movement of people and vehicles

To assist those who cannot care for themselves: the intoxicated, the addicted, the mentally ill, the physically disabled, the old, and the young

To resolve conflict, whether it be between individuals, groups of individuals, or individuals and their government

To identify problems that have the potential for becoming more serious problems for the individual citizen, for the police, or for the government

To create and maintain a feeling of security in the community

Problem-Oriented Policing

• Assumes many crimes are caused by existing social conditions

• Controls crime by uncovering and addressing underlying social problems

• Uses community resources

• Attempts to involve citizens in crime prevention through education, negotiation, and conflict management

• Use of SARA Model

SARA

Scanning → Identification & Prioritizing Problems

Analysis → Researching what is known about the problem

Response → Development of Solutions to bring lasting reductions to problem on a long term basis

Assessment → Evaluating Success of Responses (Using Crime Triangle to focus on immediate conditions)

Crime Triangle

a framework used to understand and prevent crime by identifying three key elements: a motivated offender, a suitable target (victim), and the absence of a capable guardian or opportunity to prevent the crime.

Triple T Strategy

Used as a common approach to EBP Policing:

Targeting Problems

Testing Solutions through rigorous scientific methods

Tracking Solutions over time

Strain Theory

Assumption → Crime is an Adaptation to ones Environment

Theoretical Question → What Conditions Motivate Crime? → Goal blockage, negative stimuli, lack of coping mechanisms

Mechanism → Strain leads to Negative Emotions → Crime Occurs to relive negative emotions

Social Behavior/Learning Theory

Assumption → All Behavior is Learned (including Criminal)

Theoretical Question → Under what conditions will a person learn criminal behaviors → Skills, Motivations, Models/Icons, Reinforcement, Punishment

Mechanism → Criminal Behavior is learned when rewarded,

Mass Murder

The killing of 3 or more people in a single event, over a short period of time

Consensus Model

Assumes justice system components work together to achieve justice; Criticized for implying more organization and cooperation than actually exists

Conflict Model

Assumes justice system components function to serve their own interests; Justice results from conflict rather than cooperation

Crime Control Model

Emphasizes the efficient arrest and conviction, and incarceration of offenders

Due Process Model

Emphasizes individual rights at all stages of the justice system processing.

Parole

• Conditional supervised early release of inmates from correctional confinement

• Strategy of prison reentry to the community from prison

• Based on the condition of good behavior

Probation

• A sentence of imprisonment that is suspended and served while under supervision in the community

• A court-ordered sanction

Rhodes v. Chapman

Set the precedent that: “Overcrowding alone is not cruel and unusual punishment” and therefore prisons cannot be found liable in a court of law.

Status Offense

Laws written only for juveniles:

• Truancy: Skipping school without a valid excuse

• Running away: Leaving home without permission and not returning within a reasonable time

• Curfew violations: Being out after a specified hour

• Underage alcohol use: Possessing or consuming alcohol before the legal age

• Underage tobacco use: Possessing or using tobacco before the legal age

• Ungovernability: Being out of control or incorrigible

Full process of USCJS

Crime → Investigation → Arrest → Arraignment → Trail → Sentence → Corrections → Re-entry

Arraignment Trial

• Defendant’s first appearance before the court that has the authority to conduct a trial

• Two purposes

→ To once again inform the defendant of the specific charges

→ To allow the defendant to enter a plea

Plea

•The defendant’s formal answer to the charge

•Three types of pleas may be entered

•Guilty •Not guilty •Nolo contendere or no-contest, where the defendant is sentenced as if pled guilty. Not an admission of guilt, so cannot be used as a basis for later civil proceedings

Professionals in Court Room

-Prosecutors

-Defense

-Judge

Outsiders in Court Room

-Jurors

-Witnessess

-Victims

Statutory Law

the “law on the books,” written or codified law resulting from legislative action

Penal Code

the written form of the criminal law

Case Law

law resulting from judicial decisions

Common Law

traditional body of law originating from usage and custom rather than from written statutes

Purpose of Laws

• maintain order in society.

• regulate human interaction.

• enforce moral beliefs.

• define the economic environment.

• enhance predictability.

• support the powerful.

• promote orderly social change.

• sustain individual rights.

• redress wrongs.

• identify wrongdoers.

• mandate punishment and retribution.

Administrative Law

Body of regulations governments create to control the activities of industries, businesses, and individuals

• Includes tax laws, health codes, vehicle registration laws

• Most breaches of administrative law are not crimes, but criminal law and administrative regulations may overlap

Criminal Law

• The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society

• Also called penal law

• Includes statutory (written law) and case law

Infarction

Lowest level criminal offesnes

• Usually results in Fines or a driving record ding

• No Probation

• No Jail

Misdemanor

Middle Level Criminal Offense

• Punishable by fines, up to one year in jail, and probation

Felony

Big Boy Criminal Activies

• Punishable by Fines

• Formal Probation

• Over one year in a state prison

Murder

• The unlawful killing of a human being

→First-degree: criminal homicide that is planned →Second-degree: intentional killing but generally unplanned

• Smallest numerical category in Part I offenses

Rape

Unlawful sexual intercourse achieved through force and without consent

Robbery

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

Aggravated Assault

Two types:

• Simple (misdemeanor)

• Aggravated (felony)—involves weapon or victim requires medical assistance

Larceny-Theft

• The unlawful taking or attempted taking of property from the possession of another

• Most frequently reported Part I offense

Motor Vehicle Theft

• The theft or attempted theft of a motor vehicle, which includes any self-propelled vehicle that runs on land and not on rails

• Low clearance rate

Arson

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

• Not all agencies submit arson data and many provide incomplete information

• Clearance rate low

Identity Fraud

• Involves obtaining credit, merchandise, or services by fraudulent personal representation

• Fastest-growing type of crime in America

Corpus Delecti

• “The body of the crime” or the facts that show that a crime has occurred

• A person cannot be tried for a crime until it has been shown the crime occurred

• Two key aspects:

→ A certain result has been produced

→ A person is criminally responsible for its production

• The identity of the perpetrator is not an element of the corpus delicti of an offense

Fourth Amendment

Policing

→ The right against unreasonable searches and seizures

→ The right against arrest without probable cause

Fifth Amendment

Policing

→ The right against self-incrimination

→ The right against “double jeopardy”

Sixth Amendment

→ The right to due process of law

→ The right to a speedy trial Sixth The right to a jury trial

→ The right to know the charges

→ Sixth The right to cross-examine witnesses

→ Sixth The right to a lawyer

→ The right to compel witnesses on one’s behalf

Fourteenth Amendment

→ The right to due process of law

→ The applicability of constitutional rights to all citizens, regardless of state law or procedure

Eighth Amendment

→ The right against excessive fines

→ The right against cruel and unusual punishments

Positivist School

a theoretical approach that believes criminal behavior is largely influenced by factors beyond an individual's control, such as biological, psychological, and social conditions, and that these factors can be studied scientifically to understand the root causes of crime, rather than solely focusing on the individual's free will to choose criminal acts.

Burglary

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

• Considered a property crime although it may involve personal confrontation

Clearance

a crime being considered solved for crime reporting purposes, typically through an arrest or other "exceptional means" where the offender is identified, but arrest is impossible due to external factors