Criminal Justice

Visible Crimes

violent crimes, property crimes, public order crimes

Violent crimes

Against people, resulting in death or injures (homicide, rape)

Property crimes

Threaten property (shoplifting, burglary)

Public-order crimes

Threaten well-being of society (vandalism, disorderly conduct)

Occupational Crimes

Committed through legal business opportunities

Organized Crimes

Enterprise of illegal activity (gambling, sex trafficking, money laundering)

Transnational Crime

Crimes that involve various countries

Victimless Crimes

violations of law in which there are no obvious victims

Political Crime

Crime committed for ideological purposes (treason, espionage)

Cybercrime

Crime that involves one or more computers

The Uniform Crime Reports (UCR)

Annual report on reported crimes from the FBI

National Incident-Based Reporting System (NIBRS)

Police report describing the offense, offender data, and victim data

The National Crime Victimization Surveys (NCVS)

Survey from Bureau of Justice Statistics on reported and unreported crimes

Trends in Crime

1930-50 - Gradual rise.

1950-80 - Steep rise.

1980-95 - Rapid increase peaking in 1995.

1995-2016 - Fallen by 48%.

Victimology

study of the role and impact of crime on a victim

Classical Criminology

theoretical perspective suggesting that people choose to commit crime out of free will and that crime can be controlled if potential criminals fear punishment

Positivist Criminology

Social, biological, and psychological factors

Punished specific to need of offender

Biological Explanations

Criminogenic: born criminals (physical traits or heredity through disease)−

Genetic makeup, body type, and IQ may outweigh social factors as predictors of criminality.

Criminogenic

having factors thought to bring about criminal behavior in an individual

Psychological Explanations

Crime is caused by unconscious forces and drives (Sigmund Freud).

What do social structure theories suggest about criminal behavior?

Criminal behavior is related to social class.

What do social process theories state about criminal offenders?

Anyone can be a criminal offender, regardless of demographics.

What do learning theories propose about criminal activity?

Criminal activity is learned.

What is the theory of differential association?

Criminal behavior is learned from interactions with others.

What do control theories emphasize about social links?

Social links, such as family, church, and peers, keep society in line.

What do labeling theories suggest about individuals labeled as criminals?

They are considered criminals because society labels them as such.

Critical criminology

Laws and justice made by the powerful to control the weak

Social conflict theories

Crimes due to conflict within society

Feminist theories

Traditional theories focus on male criminality; this theory explores the female role in crime.

What do Life Course Theories focus on?

Factors that shape criminal activity over the lifetime of an individual.

What should be identified in Life Course Theories?

Key factors that positively or negatively affect an individual's behavior.

How do Life Course Theories view the correlation of crime?

They do not correlate crime to one event, but to a potential series of events and life choices.

Integrated theories

Combine differing theoretical perspectives into a larger model

Women and crime

Women are less likely to commit crime than men.

Women commit different crimes than men

In 2018, women were arrested more often for larceny/theft than any other crime.

Researchers are exploring victimization as a potential cause of criminal behavior.

Assessing theories of criminality

No single theory is accurate enough to predict criminal activity or a specific cause.

Crimes

Actions that violate laws defined by society

Mala in se

Traditionally accepted crimes that are wrong in themselves or by their very nature, like homicide and sexual assault

Mala prohibita

offenses prohibited by law but not wrong in themselves like gambling and prostitution

Goals of the Criminal Justice System

1. doing justice

2. controlling crime

3. preventing crime

4. advancing goals

Two justice systems

Power divided between federal and states

The federal government prosecutes

violations of federal law

State (and local) governments prosecute

violations of state law

Criminal Justice as a Social System

-interdependent parts

-actions directed toward goals

-influenced by the interdependent environment

-many subsystems in CJ system (each has its own functions and personnel)

-cooperation among CJ subsystems/transfer of resources (ex: plea bargaining)

Plea bargain

The accused (defendant) admits guilt to a crime in exchange for consideration for a reduced sentence or reduction in charges.

Exchange

- Mutual transfer and utilization of resources

− Need to gain the cooperation and assistance from each agency

Discretion

Official's authority to make decisions using their own judgment

Resource dependence

Agencies depend on other agencies for funding.

Sequential tasks

Decisions are made in a specific order.

Filtering

Screening process that gradually exits people out of the system

Police

− Keep the peace

− Apprehend violators

− Prevent crime

− Provide social services

Courts

Dual court system, Adjudication

Dual court system

Each state has its own courts, and the federal system has its own courts.

Adjudication

Determine innocence or guilt of a defendant

Corrections

− State and federal prisons

− Jails

− Probation

− Parole

13 steps in the decision-making process

1. Investigation;

2. Arrest;

3. Booking;

4. Charging;

5. Initial Appearance;

6. Preliminary Hearing/Grand Jury;

7. Indictment/information;

8. Arraignment;

9. Trial;

10. Sentencing;

11. Appeal;

12. Corrections;

13. Release

Investigation

Police investigate the allegation of a crime being committed.

Arrest

Due to sufficient evidence (probable cause), an offender is physicallytaken into custody.

Booking

The offender is taken to a jail, photographed, and fingerprinted.

Charging

Prosecutor decides if the case will be adjudicated

Initial Appearance

Defendant brought before a judge

Formally notified of charges

Advised of rights

Judge decides if there is enough evidence to proceed

Preliminary Hearing/Grand Jury

A preliminary hearing is when a judge decides if there is probable cause that the accused committed the alleged crime.

The grand jury decides whether there is enough evidence to file an indictment.

Indictment/information

If the preliminary hearing leads to an information or the grand jury vote leads to an indictment, the prosecutor prepares the formal charging document and presents it to the court.

Arraignment

The defendant is read the information or indictment.

The defendant pleads guilty or not guilty.

A plea bargain can be agreed upon any time after an information or indictment has been filed.

Trial

Judge: oversees the trial and ensures all parties' rights are protected.

Bench trial: judge determines guilt or innocence

Jury trial: jury determines guilt or innocence

The burden of proof for a guilty verdict is "beyond a reasonable doubt."

Sentencing

If the defendant is found guilty, the judge will impose punishment

Punishment can include:

Imprisonment

Suspended sentence

Probation

Fines or community service

Appeal

If the defendant is found guilty, they can ask for a higher court to review the case to ensure the police, prosecutors, defense counsel, and judges involved in the adjudication did not violate legal norms or the defendant's constitutional rights.

If a violation is found, the defendant can get a new trial.

Corrections

Carry out the judge's sentence.

Probation: allows the convicted to serve their sentence not in custody

Prison: custodial separation from society

Release

Completed imposed sentence

Parole: released early from custodial sentence and allowed to serve the rest of the imposed sentence not in custody

The Criminal Justice Wedding Cake

1. Celebrated Cases

2. Serious Felonies

3. Less Serious Felonies

4. Misdemeanors

Celebrated cases

high profile, media attention

Serious felonies

violent felonies, repeat offenders

Lesser felonies

less-threatening offenders

Misdemeanors

disturbing the peace, traffic violations

Crime control model

A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders.

Due process model

− Doing justice by protecting individual's rights

− Some guilty defendants may go free.

− "Obstacle course"

Crime control model

Goal: repress crime

• Value: efficiency

• Process: administrative

• Major decision point: police/pretrial processes

• Decision making: discretion

Due process model

• Goal: preserve individual liberties

• Value: reliability

• Process: adversarial

• Major decision point: courtroom

• Decision making: law

Disparity

- Different treatment between groups (age, gender, or race)

− Can result from fair or unfair practices

Discrimination

− When a group is treated differently because of their age, gender, or race

− Unfair practices

judicial discretion

a judge's ability to make decisions guided by personal values and beliefs

Who are the first point of contact in the criminal justice system?

Law Enforcement Officers

What is the role of prosecutors in criminal cases?

They represent the government, review evidence, file charges, and present the case against the accused.

What do defense attorneys do?

They represent the accused, defend their rights, and challenge the prosecution's evidence.

What is the role of judges in court proceedings?

They oversee trials, ensure fairness, rule on legal matters, and determine guilt and sentencing.

What is the function of juries in criminal cases?

They hear evidence and render a verdict of guilty or not guilty.

What do correctional officers manage?

They supervise individuals who have been convicted and sentenced to incarceration.

What is the role of parole and probation officers?

They supervise individuals released on parole or sentenced to probation and ensure compliance with release terms.

What do victim advocates provide to crime victims?

They offer emotional support and help navigate the legal system.

What are the responsibilities of court clerks?

They manage court records, schedule hearings, and assist judges and attorneys.

Remember to look at

the graphs in the book from ch 1, 2, and 3

Dark Figure of Crime

Crime that is not reported to the police and that remains unknown to officials.

Least reported crime

sexual assault

Victimization

the process of being victimized or becoming a victim of crime

visible crime

An offense against persons or property, committed primarily by members of the lower class. Often referred to as "street crime" or "ordinary crime," this type of offense is the one most upsetting to the public.

property crime

crimes that did not involve violence, including burglary, larceny-theft, motor vehicle theft, and arson

public-order crime

behavior that has been labeled criminal because it is contrary to shared social values, customs, and norms

occupational crime

criminal offenses committed through opportunities created in a legal business or occupation

organized crime

a business supplying illegal goods or services

transnational crime

profit-seeking criminal activities that involve planning, execution, or victimization that crosses national borders

victimless crime

activities against the law, but that do not result in injury to any individual other than the person who engages in them