CJ101 Test 1 (Chapters 1-4)

3 Major Components of Criminal Justice System

Police, Courts, Corrections

Police

Apprehend individuals & investigate crime, first point of contact in CJS

Courts

Determine if someone should be charged with a crime & manage responsibility process, hand out punishment

Corrections

Carry out the court-ordered punishment

Wedding Cake Model of Justice (biggest to smallest)

Misdemeanors, Lesser Felonies, Serious Felonies, Celebrated Cases

Misdemeanors

Least serious & most common crime, max punishment = up to a year in jail, most don’t go to trial

Lesser Felonies

2nd most likely type of crime, typically non-violent, mostly please of guilt (but some trials), not significant prison time

Serious Felonies

3rd most likely, typically violent or involving people with criminal histories, mostly trials, large time in prison

Celebrated Cases

Most rare & high profile (felonies), can have high penalties (life in prison, death, etc), the popular cases that people are interested in

Discretion

Decision-making power of CJ agents, freedom to make decisions

Models of Criminal Justice

Crime Control Model & Due Process Model

Crime Control Model

Belief - most important function of CJS is to suppress/control criminal behavior. Swift punishment, EFFICIENCY. Assembly Line example

Due Process Model

Belief - protection of individual rights/freedoms, better to let guilty go free than innocent be incarcerated. Everyone gets a trial. Obstacle Course example

Civil Law

Governs disputes between individuals or private parties, generally involve violations of private acts (contracts, property disputes, family law, etc). Financial punishment, preponderance of evidence for proof

Criminal Law (and 3 main types)

Brought by gov against defendant for violating a law. Burden of proof - beyond reasonable doubt, punishment - jail, probation. 3 types - Federal, State, Municipal

Federal Criminal Law

Enacted by legislative gov branch, whole country & US territories, regulates criminal activities & sees concerns in gov lands

State Criminal Law

State’s power to make laws prohibiting behaviors (under 10th Amendment), these laws are limited to that specific state

Municipal Criminal Law

Only apply to a specific city/county, limited to cases involving infarctions/misdemeanors

Burden of Proof Types

Reasonable suspicion (what officer needs for a stop), Probable cause (what is required for a warrant), Preponderance of evidence (50%+), Clear and convincing evidence, Beyond a reasonable doubt (in criminal law), Beyond ALL doubt

Constitutional Law

Highest law of US. Mostly used CJ amendments - 4th (unreasonable searches), 5th (self incrimination), 6th (speedy trial), 8th (cruel/unusual punishment)

Statutory Law

Federal or State, laws established by gov (the bill process)

Administrative Law

Body of law that governs the creation/function of state & fed gov agencies. Makes sure that gov agencies keep public informed, allow public to engage in making rules, etc

Case Law

Created as a result of legal decisions made by courts - Precedents

Mala in se

Acts that are considered inherently evil (ex: murder)

Mala prohibita

Only crimes because the law defines them as illegal (ex: drug use)

4 Components of a Criminal Act

1) Actus reus - evil act, 2) mens rea - evil thought (intent), 3) attendant circumstances - context of the act that makes it a crime, 4) result - harm experienced bc of act and intent together

Substantive Criminal Law

Defining what makes something a crime (like statuary law)

Procedural Criminal Law

Provides the structure by which cases should move through the system, each state has its own

Criminal Defenses

Innocence, Necessity, Duress, Entrapment, Self-defense, Intoxication, Insanity

Necessity (defense)

Suggest that the individual had to break the law in order to prevent more significant harm

Duress (defense)

Someone is forced to violate law out of fear for their own safety (immediate and real threat)

Entrapment (defense)

When someone is deceived by an officer/gov official into engaging in illegal act

Self-Defense (defense)

The criminal feared for their own safety

Intoxication (defense)

While under effect of drugs, criminal was unable to appreciate the wrongness of their actions (no real intent)

Insanity (defense)

Individual can’t be held accountable for actions because they lack mental ability to understand their actions. 4 legal standards: M’Naghten Rule (did defendant know what they were doing & that it was wrong), Irresistible Impulse Control (expands M’Naghten rule for issue of self control), Moral Penal Code (combines M’Naghten & Impulse Control for morals), Durham Rule / Guilty but Mentally Ill (person is guilty, but too ill)

Violent Offenses (definition & types)

Generally involve a criminal action against another person. Types - murder/homicide, sexual assault//rape, Assault, robbery

Murder/Homicide

Type of violent offense, the killing of one human being by another. 1st degree - premeditated, 2nd degree - not premeditated, voluntary manslaughter - intent to harm but not kill, involuntary manslaughter - killed by negligence

Sexual Assault / Rape

Type of Violent Offense, sexual activity without consent

Assault

Type of violent offense, physical harm (or threat of) of a victim, most common of violent crimes. Simple assault - minimal injury, aggravated assault - serious injury

Robbery

Type of violent offense, Taking personal property from someone through use of force/fear, typically face to face confrontation

Property Offenses (definition and type)

Most common criminal offense, taking or damage of physical goods. Types - burglary, larceny-theft, vandalism, arson

Burglary

Property offense, criminal enters space with intent of taking property without permission

Larceny-theft

Property offense, Taking of property without use of force, most common

Vandalism

Property offense, Destruction/damage of physical structure/building

Arson

Property offense, Destruction of physical structure or item by fire

Victimless Crimes

Acts considered illegal under law, but don’t involve typical victims. Ex: drug use, gambling, etc

Status Offenses

Considered illegal for only certain groups of people, mostly committed by juveniles (ex: underage drinking)

Fraud & Identity-Related Crimes

Crimes involving deception to gain unfair/illegal advantage, typically involves victim manipulation

White-Collar Offenses

Traditionally occur within corporate and related fields (ex: insider training, bribery, etc)

Crimes Against US Gov

Punished under federal law (ex: terrorism, treason, etc)

Uniform Crime Reports (UCR)

FBI collects arrest data from police agencies, annually presents crime rates by offense & demographics. Limitations - limited definitions of crime & hierarchy rule

National Incident-Based Reporting System (NIBRS)

Collects data from police agencies for crime rates, more detailed than UCR, no hierarchy rule. Limitations - unreported crimes & some agencies don’t submit data

National Crime Victimization Survey (NCVS)

Largest victimization study in US, designed to capture gaps by unreported crime by gathering data from victim’s perspectives

Clery Act

For crimes reported on college campuses. Colleges are required to report all crimes on their campus

Self-Reported Offending Datasets

Data collected from those who have committed crimes

Micro vs Macro Crime Theories

Micro - focus on individual differences. Macro - explore large-scale social explanations for crime

Classical School of Criminology (theory)

People engage in criminal behavior as a result of free will. Beccaria & Bentham

Beccaria & Bentham

Beccaria - punishment must be certain, swift, and severe. Bentham - human behavior can be modified with punishment, proposed Panopticon in prisons (cells around tower)

Positivist School of Criminology (theory)

Emerged out of scientific method focus, more data-driven approach

Biological (theory)

Look at genetic characteristics to explain criminality, crime is a result from traits, there is no free will. Lombroso & Ferrero - saw physical features in criminals

Psychological (theory)

Explores how factors (ex: childhood) can help explain criminality. Sigmund Freud - unconscious mind

Contemporary Biological & Psychological (theory)

Cognitive Developmental & Biosocial theories. Offenders have failed to develop the capacity to make moral judgements / biology isn’t the sole contributor to crime, envi is too

Social Disorganization Theory

Shown through Concentric Zone Model - Central buisiness district, transitional zone, working class zone, residential zone, commuter zone

Robert Merton’s Adaptions to Strain

Conformity: accepts society’s goals, accepts means to achieve goals. Innovation: accepts goals & rejects means. Ritualism: rejects goals, accepts means. Retreatism: rejects goals & rejects means. Rebellion: develops new goals & means.

Differential Association (theory)

Learned behaviors about crime are a result of peer associations, we are the result of those we interact with & learn from

Social Learning Theory

Albert Bandura: People learn from observing behaviors around them. Differential Reinforcements - Looks at behaviors as a balance between increasing the rewards that come with engaging in deviant or criminal behaviors while minimizing the potential consequences and punishments

General Theory of Crime

Focus on self-control as single explanatory factor for delinquent/criminal behavior, development of self-control is rooted in the family involvement

Labeling Theory

Being labeled by society as a criminal harms your image and makes you more likely to commit more crime

Life Course Theory

Factors or life events that may encourage these shifts in behavior