Sociology of Criminal Justice 325L

What are the relevant constitutional amendments for this class?

4th, 5th, 6th, 8th, and 14th amendments

What is the 4th amendment?

Protection from unreasonable search and seizure

What is the 5th amendment?

protection against self-incrimination

What is the 6th amendment?

guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one

What is the 8th amendment?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What sort of legal system is recognized in the United States?

Adversarial

How does the size of the American CJS compare to other countries around the world?

US has highest incarceration rates in the world

What is the the breadth of criminal justice contact experienced by Americans?

Approximately 50% of adults in the US have an immediate family memeber who is or has been incarcerated in jail or prison

How many people are under CJS control or supervision?

6.8 million

What are the four primary types of correctional control?

Jail, prison, probation, and parole

What is jail?

reserved for pre-trial detention, incarceration for individuals who have been convicted of a misdemeanor crime, run by local gov., short term incarceration

What is prison?

an institution for the incarceration of people convicted felons, run by state and local gov., designed for long term incarceration

What is probation?

a post-conviction sentence that the offender is allowed to serve under supervision in the community

What is parole?

the conditional release of an inmate from incarceration, under supervision, after part of the prison sentence has been served

Is crime accurately reported?

no

What are the purposes of punishment?

Retribution (revenge), deterrence (general and specific), rehabilitation, and incapacitation

What is criminal law?

branch of jurisprudence that deals with offenses committed against the safety/order of the state; defendant vs. state

What is civil law?

body of principals determining private rights and liabilities; structed to regulate the balance of rights between individuals/orgs; plaintiff vs. defendant

What is a misdemeanor?

Crimes punishable by less than $1000 fine and/or one year of jail, measured in classes A, B, and C

What is a felony?

crimes punishable by death or imprisonment in a federal or state prison, measured in degrees, 1st, 2nd, 3rd, and 4th

What is mens rea?

the intention or knowledge of wrongdoing that constitutes part of a crime, criminal intent

What is actus reus?

physical element of a crime

What is murder?

The unlawful killing of a human being, felonious killing of another with malice aforethought

What is first degree murder?

involves malice aforethought, deliberation, and premeditation

What is second degree murder?

malice aforethought without deliberation or meditation (spur of the moment killing)

what is third degree murder?

homicide committed with the intention of causing bodily harm, but not necessarily death

what are pubic order crimes?

offenses (mostly misdemeanors) that disturb public order and safety

What is assault?

the intentional attempt or threat to physically injure another person

what is assault and battery?

a threat that is carried out resulting in harm

what is aggrevated assault?

threats that carry an intention to kill, rape, rob, or inflict serious injury

what is robbery?

The taking of property by force from the person in the presence of others

what is arson?

The deliberate and malicious burning of property.

what is burglary?

the unlawful entry of a structure to commit a felony or theft, 70% occur in residential locations

what is larceny?

taking and carrying away the property of another

what are criminogenic factors?

elements that are crime producing

EX: loss of housing, loss of income, being incarcerated

What are the mulitple jurisdictions within the American CJS?

Federal, State, and County (local)

what constitutes a federal crime?

any crime involving commerce across states lines

what is concurrent authority?

gives both state and federal govt authorities access to a case

What is exclusive jurisdiction?

only federal govt has access to a criminal case

what is discretion?

to exercise judgement and take action based on that decision

what is plea bargaining?

an arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of leniency, EXTREMELY COMMON, 95% of cases settled with plea bargains

what are some components of the criminal justice system?

legislative and administrative branches of govt, law enforcement, court systems, and corrections

what is the criminal code?

defines conduct prohibited in a certain jurisdiction, consists of criminal acts and criminal intents

What is the penal code?

desribes how criminal sentencing will occur and stipulates punishments

What is Code of Criminal Procedure?

the rulebook that defines how government should lawfully carry out and administer criminal procedure

what are diversion courts?

their goal is to determine what to do for someone to try and reduce their criminality, usually specialized

EX: drug courts

What are appellate courts?

do no try criminal cases, determine if and when someone's constitutional rights have been violated

what is the overall goal of the criminal justice system?

managing people who have committed crimes

what are the three primary approaches to public safety?

crime control, due process, diversion and rehabilitation

why is punishment and incarceration used within the cjs?

retribution and revenge

what it specific deterrence?

relates to the individual, idea that the punishment increases the likelihood that bad behavior will be extinguished

what is general deterrence?

pertains to the idea that the public is awate of the negative consequences associated with being cause for committing crime

What is due process?

Constitutional protection against unfair governmental actions and laws

what amendments relate to due process?

4th, 5th, 6th, 8th, and 14th amendments

What is the exclusionary rule?

a law that prohibits the use of illegally obtained evidence in a criminal trial

what is the warrant requirement?

probable cause

what is the fruit of the poisonous tree doctrine?

If the source of the evidence is tainted, then anything gained from that is also tainted

What is the plain view doctrine?

allows an officer to seize - without a warrant - evidence and contraband found in plain view during a lawful observation

what is determinate sentencing?

the judge sentences the offender to a specific amount of time

what is indeterminate sentencing?

when the offender's sentence is identifies as a range rather than a specific amount of time

What is US vs. Leon

the "good faith" exception to the exlusionary rule. if the police conduct a search that is properly motivated, not excessive, not malicious, then that evidence can be preserved if it can be demonstrated that they were acting in good faith

What is the burden of proof pyramid?

beyond a reasonable doubt

How do we measure success in processing criminal offenders?

determining whether or not offenders return to criminal behavior (recidivism)

what are the implications of underfunding public defenders and courts?

excessive caseloads, trial delats, longer pre-trial detainment

what are the potential consequences of pretrial detention on criminal defendants?

impacts housing, employment, and health. it can also be the factor that causes the person to reoffend

what are the two key ways a suspect can be diverted from jail?

informal and formal diversion

what is informal diversion?

officials decide not to proceed with a case

EX: police officer letting someone go, DA not picking up a case

what is formal diversion?

probation, drug rehab

What is a terry search?

Terry vs. Ohio, a justifiable protective search for weapons, even in the absence of probable cause to arrest, where there is a suspicion that an individual is armed and dangerous.

What is the importance of Carroll vs. US?

it upheld warrantless searches of automobiles

What case is connected to the plain view search?

Harris vs. US

What is the importance of Brown vs. Mississippi?

Supreme Court case that ruled that a defendants unvoluntary confession that is extracted by police violence cannot be entered as evidence and violates the Due Process Clause of the 14th Amendment.

What is the importance of Gideon vs. Wainwright?

landmark decision for the 6th amendment, gives right to counsel for indigent defendants in felony cases, and later on misdemeanor cases

What is the importance of Escobedo vs. Illinois?

when an interrogation crosses an accusitory threshold, that is when the right to counsel kicks in

What is the significance of Roper vs. Simmons and Graham vs. Florida?

Court recognizing neuroscience evidence that kids are different than adults in brain development.

EX: lack impluse control, renders them less culpable

What is the significance of Miranda vs. Arizona?

officials must advise individuals of their constitutional rights once taken into custody

What is mistake of fact?

an erroneous belief about the facts of the circumstance at the time the criminal act - which would not have otherwise been committed.

What is Mistake of Law?

1. lacking an awareness or knowledge
   2. that an act constitutes a crime
   - even if reasonable, it is not a defense to that crime
   - Almost never a valid defense
   
   *EXCEPTION:
   (1) reasonable reliance on an invalid statute
   (2) the crime itself requires knowledge of the crime.

1. lacking an awareness or knowledge

2. that an act constitutes a crime

• even if reasonable, it is not a defense to that crime

• Almost never a valid defense

*EXCEPTION:

(1) reasonable reliance on an invalid statute

(2) the crime itself requires knowledge of the crime.

Duress and Consent

unlawful constraints placed on an individual forcing them to consent to committing some act that would not have been done otherwise

Consent

the voluntary yielding of the will of the victim causing them to agree to the act of the offending party

Entrapment

the inducement of an individual to commit a crime not previously contemplated by him or her, undertaken for the sole purpose of justifying criminal prosecution

Justification

is any just cause or excuse for the commission of an act that would otherwise be a crime, ex. typically involves the use of force or violence in protecting one's person or property

Common Law

A legal system based on custom and court rulings which guide the courts in decision making but have not been enacted by legislation or the constitution.

Constitutional Law

derived from the constitution and the associated Supreme Court and lower court interpretations

Statutory Law

refers to both federal and state statutes outlining behavior prohibited within our society and specifying punishments associated

Administrative Law

Refers to both the law made by administrative agencies and the laws and regulations that govern the creation, organization, and operation of administrative agencies.

Wilson and Herrnstein

their theory suggests genetics, intelligence, and body build contribute to criminality

sociocultural theory

crime is caused by disorganized or decaying neighborhoods, lack of economic opportunity, wear social support. Social structure is the primary cause of crime rather than the individual.