Intro to Criminal Justice Ch. 1-3

Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched​, and the persons or things to be seized

Exclusionary Rule: any items taken during an unreasonable search and seizure cannot be used in law

Amendment 5

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentation or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for publiv use, w/o just compensation

Exception: New evidence comes to light and you haven't been convicted

media portrayal on crime

major crimes - they compete to have the most stories

Ideology portrayal on crime

media shows extreme cases and changes how we see crime in society

side note: children are 100 times more likely to be killed by their guardians than in a school shooting

Politicics portrayal on crime

they push for policies that don't work

Crime Control Model

Focuses on the safety of the community

The goal is to protect society from criminals

Assembly line pushes them through the 9 steps as quickly as possible

1. standardization 2. quantity 3. informality 4. police

Due Process Model

Focuses on the rights of the individual and the rights of groups of people

The goal is to balance legal guilt/assumption of innocence

obstacle course: we are doing everything possible to prove innocent

1. individualization 2. quality 3. formality 4. court

Individualization

we should take a lot of time to arrest, prosecute, etc., because every person has a different case

quality

we want to pay careful attention to what we are doing to make sure the innocent aren't being punished

formality

makes sure people are protected by police and their mistakes

court

protect our rights as individuals, remove any cases that are flawed, only convict if they are quilty

"dark figure of crime"

crimes that are unreported to police (unknown)

not sure of the %

Reasons crimes are unknown to police

1. Did not know the crime occurred Ex: stalking, larceny-theft (getting wallet stolen, but thinking you just lost it)

2. being involved in a crime at the time they were victimized Ex: being assaulted during prostitutional acts, or during a drug deal

3. victim is too embarrassed to report the crime

Misdemeanor

Usually, minor crimes and a police officer or someone saw you

only up to 1 year in jail

felony

more serious crimes

punishable by incarceration for at least one year or even by death

nobody has to see it happen

4 big rights lost after being released

1. cannot own or be around guns

2. 42 states you lose the right to vote, 28 states fully lose their right to vote for a very long time, 10 states will never get their rights back

3. cannot join the military or work for certain positions (federal/gov't)

4. cannot run for public office

mala en se

wrong within itself

ex: murder, rape, kidnapping, theft

male prohibita

wrong because it's prohibited

ex: speeding, public intoxication, tax evasion, carrying a concealed weapon

3 main ways to measure crime

1. Uniform Crime Reports (UCR)

2. National Crime Victimization Survey (NCVS)

3. National Incident-based reporting system (NIBRS)

Uniform Crime Reports (UCR)

-voluntary- not everyone has to report

-misrepresentation of data ex: we need more money so let's say we're having a crime issue

-FBI

-Developed in the 1920s with the first report being in the 1930s

-Hierarchy Rule: If there was a situation where 2 acts of crime were committed the more serious crime is reported

National Incident-based reporting system (NIBRS)

-FBI changed the format in 1989

-2012- only 32 state CRPs were certified for NIBRS

-Incident-based- not summary based like UCR

-much more detailed (city v. region)

-Goals:

1.Enhancement of quality, quantity, and occurrence

2.Improvement of methodology

no part 1 or 2 = general offenses (49 specific crimes) and new crimes added

National Crime Victimization Survey (NCVS)

-victim self-report data

- BOJ w/ U.S Census Bureau

-Goal: Estimate occurrences of all crimes, reported or not ("Dark figure Crime")

-select random households through the census

-Approx. 41,000 (12 years old and older)

- includes sexual assault, robbery, assault, burglary, personal and household larceny, motor theft

- counts only most serious incidents (Hierarchy Rule)

- Problem: over/under reporting, ages under 12 aren't being surveyed, people don't realize they are a victim of a crime, the attacker is in your home

Part 1 offenses

1. murder

2. Robbery

3. Aggravated Assault

4. Burglary

5. Larceny-theft

6. motor vehicle theft

7. arson

8. rape

Murder

-the unlawful killing of a human being by another

- least likely to occur out of all the index 1 crimes

-steady decrease since the 1990s

-victims: male and 18 and over (fbi.gov)

- 5 types of killing: thrill, gang, cult, serial, and mass murders

Thrill killing

-impulsive

-ex: Leopold and Loeb (1924) - the mansion family (killed for fun)

-spree-one night after the next

Gang killing

-99% are aimed at rival gang

-1% are bystanders and most times are on accident

Cult killing

- religious

-someone is seen as a disciple

-members who try to leave will be killed

Serial killing

-"killing of several people in three or more separate events" (different location/time/events)

-sociopaths: really hard to catch because they are organized and smart

-psychopaths: more reckless and gruesome

-overall, really difficult to catch

4 types of serial killing

1. visionary killer

2. mission-oriented killer

3. Hedonistic killer

4. power-control killer

Visionary killer

-David Berkowitz "son of Sam"

- suffers from a complete psychotic break

- claims that a demon was transmitted through the dog and was told to kill people, which he did

Mission-oriented killer

- feels a certain type of being is a waste to society

- Jack the Ripper killed prostitutes surgically

- list of 500 suspects and is still unsolved

Hedonistic killer

- 3 subtypes: Lust, thrill, and comfort

-Lust ex: Jeffrey Dahmer tortures girls and still has sex with them even after their deaths

-Thrill: hunters ex: The Zodiac

- Comfort: tends to use poison and be female, wants financial comfort/material gain ex: Dorothea Puente

Power-control killer

- somebody who wants to obtain power

- typically feels neglected/helpless/insecure

- Ex: Ted Bundy- he couldn't care less about a mate, pretended he was injured to get help, very charming and well-liked, and also escaped prison twice

Mass murderers

- "the killing of four or more victims at one location, within one event"

- Dylan Roof: killed individuals at a church (hate crime)

- James Holmes: Batman premiere shootings

Rape

-least reported offenses that we have (doesn't include statutory rape)

-statutory rape: age difference, not an issue about consent

- reasons for not reporting

1. trauma

2. embarrassment

3. happened while breaking another law Ex: drinking under the age limit

4. treatment by law enforcement (insensitive) they

5. they don't have enough evidence to build a strong case

6. self-blame

7. other information may be brought up Ex: during a rape case they say the victim has been having sex since a young age like 14

- rape has increased 4.9% since 2015-2016

- problem: we will never know the actual amount (under-reporting)

Robbery

-Something is being taken off of a person, BUT there has to be some kind of force or fear

- steady decrease of 25.7% since 2007

- slight increase from 2015-2016 (1.2%)

- mostly occurs on streets (38.8%), not in bank (1.8%)

Aggravated Assault

- Unlawful infliction of pain on somebody

-serious injury

Simple

1. pushing

2. shoving

3. fistfights

(misdemeanors)

Aggravated

1. use of weapons

2. victim requires medical attention

(felonies)

-steady decrease (7.3 since 2007) increase of 5.1% from 2015-2016

Burglary

- unlawful entry

- happens during the daytime more than night time

- decrease (4.6%) in 2016

- mostly occur in a residence (69.5%) in 2016

Larceny-theft

- breaking into a car and selling car parts, stealing from a vending machine

- least likely to be cleared by an arrest/not reported often

- grand-larceny: $200 and above

- no unlawful entry

Motor Vehicle Theft

- stealing a motor vehicle

- has to have a motor and operate on the ground

- high rate of reporting/low clearance rate

- decline with a slight increase in 2016

- if you want insurance money you have to report it

- car-jacking: involves physical removement of force

Arson

- difficult to collect data

- has to have a mallicious component

- 2016 - 46% structures (buildings), 23% mobile property (cars, boats, mobile homes), 30% other types of property (crops, fences)

- 2016 increased by 2.3%

White collar crime

- first defined by Sutherland (1939)

- financially motivated

- non-violent but far more victimization and harm

-individual and corporate (benefitting company)

- defective products (harmful to society but helps makes a profit for others)

Different types of law

- statutory law: written on the books

- can be passed by state or federal

- changes as society changes Ex: cyber crimes, texting and driving

-case law: used in the court and is still used Ex: abortion cases always refer back to Roe V. Wade

Strict Liability

liability without fault or intention

Concurrence

- Co-existence of actus res and mens Rea

Corpus Delicit

-the body of crime

- what are the facts of the crime

- what actually occurred

Treason

- "U.S citizens actions to help a foreign government, overthrow, make war against, or seriously injure the U.S"

- punishable by death

- Ex: Adam Gadahn literally said he wanted America to bleed red

Espionage

- "Gathering, transmitting, or losing of info. related to national defense in a way that this info. is available to enemies of the U.S"

- Ex: Edward Snowden worked for the CIA and leaked the guardian top secret surveillance of national security guard

Inchoate offenses

- not completed

- Ex: Conspiracy, attempted crimes (attempt murder/robbery/rape)

Alibi

- there has to be some sort of statement that validates your absence from the crime

- Best supported by witnesses and documentation

- Best when they don't know you or there is a video footage, airplane ticket login, etc.

Justification

- You're admitting you committed the crime, but there was a good reason

- if you wouldn't have committed that crime a greater harm would have occurred

- 5 types: self-defense, defense of home and property, necessity, consent, and resisting unlawful arrest

Self-defense

- act was necessary to protect oneself or others from sanger

- has to be proportionate

- if your friend starts it you cannot protect them

- fist v. fist, not fist v. knife

Defense of home and property

- you have to use non-deadly reasonable force

- deadly force is only permitable when they use violent force

- stand your ground law: determines what kind of force is allowed

- some say you can use deadly force in public or on your property, others say you must flee if possible

Necessity

- Crown v. Dully and Stephens v. South

- there has to be necessity that threatens you

- Ex: you can eat someone that's already dead in order to survive, but you cannot kill someone and eat them in order to survive, especially if they were not causing you any harm or danger

consent

- Harm done after permission was given

resisting unlawful arrest

- officer must be first in using unnecessary force

- difficult because these are typically he said she said situations

Excuse

- some type of conditions at the time of the crime that would cause the defendant to not be held responsible

Type of excuses

- Age: cannot reason logically until age 7 (typically don't even go to juvenile detention)

- Duress: the defendant is claiming they were under emotional strain-other people made them do it-typically not successful if the crime is serious

- Mistake: mistake of law (they didn't know), mistake of fact (you didn't know how everything was) - also not very successful

- involuntary intoxication: use of drugs or alcohol Ex: pot brownies, spiked punch (doesn't work when digested by oneself)

- unconsciousness: sleepwalking, epileptic seizure, neuro-dysfunction

- Provocation: purposefully provoking another Ex: child/married person abuses their abuse later on in life

- Insanity: claim mental illness or incapacity (less than 1% of all felony cases- if you are successful you will still have to go to an institution)

McNaughten Rule

1. Did not know what they were doing at the time of the crime

2. Did not know what they were doing was wrong- Irresistible Impulse: understand wrongfulness/loss of control

Substantial Capacity Test (model penal code)

- "Lack of substantial capacity to control one's behavior" (combination of the McNaughten Rule and Irresistible Impulse Rule)

- Guilty but mentally ill (GBM); mentally ill but has the capability to understand

Procedural Defense

- "Defendant was discriminated against in the justice process in some manner, or some important aspect of official procedure was not properly followed"

Entrapment

-Inducement of crime

Prosecutorial misconduct

-prosecutor gives the government an unfair advantage/prejudices rights of witness/defendant

Police Fraud

-Evidence planted against defendant

- Problem: he said she said situation

CJS steps in order

1. Investigation/arrest

2. Booking

3. First Appearance

4. Preliminary Hearing

5. Info. and Indictment

6. Arraignment

7. trial

8. sentencing

9. corrections

Part II offenses

1. Simple Assault

2. Forgery and Counterfeiting

3. Fraud

4. Embezzlement

5. stolen property

6. vandalism

7. gambling

8. weapons

9. drug abuse

10. prostitution and commercialized vice

11. driving under the influence

12. drunkenness

13. curfew and loitering laws

14. disorderly conduct

15. runaways

16. vagrancy

17. suspicion

18. liquor laws

Investigation (1)

- Evidence is gathered, police attempt to reconstruct crime, efforts to identify the suspects begin

Warrant (1)

- An arrest warrant is issued by a judge, the warrant serves as a court order, the warrant gives police permission to apprehend a suspect.

Arrest (1)

- A person is taken into custody and their freedom is limited, during arrest, but before questioning, police should inform the suspect of his/her constitutional rights (Miranda warning)

Booking (2)

- Following arrest, suspects are booked at the police station, the suspect is photographed (mug shot) and fingerprinted, personal info about the suspect is also obtained at this time.

First Appearance (3)

- Within hours of the arrest, suspects must be brought before a judge, the judge will explain the criminal charges to the suspect and advise the suspect of their rights, the judge may also set bail

Preliminary Hearing (4)

- Held so the judge can determine if there is enough evidence against the suspect to continue with prosecution, the judge will determine if there is probable cause to believe the suspect committed the crime.

Info. or Indictment (5)

- An information is a document filed by the prosecutor formally charging the defendant with a crime(s), informations are used more often than indictments in Indiana, an indictment is a criminal charging document issued by a grand jury, a grand jury is called for the purpose of reviewing the evidence a prosecutor presents and deciding if the prosecution should continue

Arraignment (6)

- At arraignment the judge reads the information or indictment to the defendant, the defendant is again notified of his rights and asked to enter a plea of guilty or not guilty

Sentencing (8)

- After a person is convicted of a crime, it is up to the judge to determine the punishment, sometimes a sentencing hearing is held and attorneys for both sides present info to influence the judge

Corrections (9)

- Begins after sentencing, it might involve probation, community corrections, prison, or a combination.

Trial (7)