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What does the 4th amendment protect?
unreasonable search and seizure
What is the Supreme Court case associated with the 4th amendment?
Mapp v. Ohio
Mapp v. Ohio
Specific search warrant needed
What does the 5th amendment protect?
Self incrimination (right to remain silent, due process, double jeopardy)
What is the Supreme Court case associated with the 5th amendment?
Miranda v. Arizona
Miranda v. Arizona
police have to warn you of your Miranda Rights
What does the 6th amendment protect?
right to jury trial, attorney, and confront accusers
What is the Supreme Court case associated with the 6th amendment?
Gideon v. Wainwright
Gideon v. Wainwright
right to a lawyer even if you cannot afford one
What does the 8th amendment protect?
cruel and unusual punishment
What does the 14th amendment protect?
equal protection of the law
Crime control vs. due process model
rights vs. catching criminals
Purpose of punishment: deterrence
threat of punishment to deter crime
General deterrence
to public
Specific deterrence
to person who is punished
Purpose of punishment: incapacitation
preventing crime by physical restraint
Purpose of punishment: rehabilitation
reform offenders os they no longer have need to offend
Purpose of punishment: retribution
an eye for an eye
Purpose of punishment: restorative justice
making amends with victim
What is more important than severity of punishment?
swiftness and certainty of punishment
What is labeling? (vs. deterrence)
labeled by first offense and punishment backfires and makes people commit more crime in the future
What is reintegrative shaming?
tries to reduce the labeling impact of punishment by condemning the evil action not the person
What are the three elements of a crime?
mens rea, actus reus, and concurrence
What is mens rea?
the guilty mind (intentional, knowing, reckless, negligent)
What is actus reus?
the guilty act (must be voluntary)
What are inchoate offenses?
go beyond thought but lack actus reus
What are the three inchoate offenses?
solicitation, conspiracy, and attempt
Inchoate offense: solicitation
urging/requesting another person to commit a crime on your behalf
Inchoate offense: conspiracy
communication with others about planning a crime
Inchoate offense: attempt
incomplete criminal offense
What are the two perspectives on law formation?
conflict and consensus
What is consensus perspective?
agree on existing laws that are formed from norms
What is conflict perspective?
laws serve the powerful
What is an affirmative defense?
agree with the facts of the case but deny criminal culpability
What are the 7 affirmative defenses we discussed?
alibi, consent, entrapment, immunity, self defense, youth, insanity
Affirmative defense: alibi
could not have done it because I was in a different place at that time
Affirmative defense: consent
victim provided consent so it was legal
Affirmative defense: entrapment
government provided idea and means to commit crime
Affirmative defense: immunity
special status that enables you to not be prosecuted
Affirmative defense: self-defense
someone threatened to harm you and it was involuntary
Affirmative defense: youth
under the age of responsibility
Affirmative defense: insanity
mental defect or inability to know right from wrong
What rule is associated with an insanity defense?
M’Naghten rule
Street crime: robbery
force/threat used to a person
Street crime: burglary
illegally entering to commit a felony
Street crime: larceny-theft
stealing without force or breaking in
What are part 1 offenses?
the 8 felonies that all police departments keep track of and report to the FBI
What are part 2 offenses?
Offenses that jurisdictions handle differently and the FBI does not keep track of as well
What is 1st degree homicide?
pre-meditated
What is 2nd degree homicide?
Intentional
What is 3rd degree homicide (manslaughter)?
reckless and not intentional
What are the 3 typical white collar crime offenses?
fraud, embezzlement, and confidence scheme
What are the challenges in prosecution of cyber crimes?
not reported, different jurisdiction, hard to track, victim and offender do not need to be in close proximity or know each other
Collection of crime statistics: FBI data (UCR) pros and cons
good statistics for things like homicide and reported crimes, impacted by dark figure of crime heavily
Collection of crime statistics: NCVS pros and cons
provides more accurate estimations of victimization, cannot account for victimless crimes and little info on offenders
Collection of crime statistics: offender surveys pros and cons
more info on offenders, are they telling whole truth
What are the root causes of crime?
economic and social deprivation, family/community dysfunction, and cultural malaise
What is the exclusionary rule?
prohibits use of evidence collected illegally or in violation of 4th and 5th amendment rights
What is the fruit of the poisoned tree doctrine?
extends exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search
What is needed to get a search warrant?
Probably cause or reasonable suspicion
What is probable cause?
specific evidence of a crime and specific offender
What is reasonable suspicion?
a reasonable person would believe a crime has been committed and you are involved (stop and frisk, hear gunshot and you are running)
Searches without a warrant
plain view search, consent, Carroll doctrine, public safety exception, good faith exception, wiretapping
Searches without a warrant: plain-view search
can search in plain view without a warrant
Searches without a warrant: consent
told police they could search your car or home
Searches without a warrant: Carroll doctrine
can search a car without a warrant
Searches without a warrant: public safety exception
TSA
Searches without a warrant: good faith exception
police believe a crime has been committed, maybe someone in danger
Police use of deadly force
can use if there is clear danger to police or others
Police use of deception
can lie and deceit you
Police tactics for confession
cannot force a confession or question for excessive periods of time
Weber’s conceptualization of the state
monopoly on legitimate use of violence
Weber’s concept of the ideal type
constructing ideal based on common characteristics
Typical elements of criminal justice in democratic societies
due process, no one above the law (universalism), democratic control, apolitical police, sparing use of violence and force, civil rights
Enlightenment and the US criminal justice system
enlightenment happening in Europe at the same time US constitution was being created and influenced it
Beccaria’s critique of law
jury of peers, laws known to public, punishment proportional to crime, no punishment (torture) prior to trial
Searches without a warrant: wiretapping
Patriot Act has expanded
Note 
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