CRIM 499: Senior Seminar - WKU (2019)

Crime trends and patterns in US

1960-1980 crime increase, Crime has been declining since the 1990's, crime has dropped then level off, property crime is more common, high crime years (15-34), whites arrested more but blacks more LIKELY to be arrested

Size of the Criminal Justice System

2.24 million people employed through law enforcement, courts, and corrections

Cost of the CJS

Around or above 270 billion dollars

Structure of Criminal Justice System

1. Law Enforcement

2. Adjudication (Courts, lawyers, etc.)

3. Corrections (prisoners, prisons, corrections officers, parole officers, etc.)

Processing through the system

1. Booking

2. Initial Appearance.

3. Bail/Recognizance

4. Preliminary Hearing (evidence for trial)

5. Information/Grand Jury Indictment (probable cause)

6. Arraignment/Plea Bargaining (gulity or not guilty)

7. Pretrial Motions (procedural issues)

8.Trial

9.Sentencing

Common defenses in criminal cases

Automatism, mistake of fact, Necessity/Lesser harm, Insanity, self defense, Duress, statue of limitations, alibi, entrapment

voir dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Terry vs. Ohio

Allowed the police to stop and search a suspect if he has reasonable suspicion that the person has committed a crime. (stop and frisk)

Mapp v. Ohio

Evidence illegally gathered by the police may not be used in a criminal trial

Established exclusionary rule

Exclusionary rule

Improperly gathered evidence may not be introduced in a criminal trial

Unless- collected in good faith, inevitable discovery, for public safety

Furman v. Georgia

This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.

(later laws changed this)

Gregg v. Georgia

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Weeks vs. US

The courts held that evidence obtained illegally by federal officers can not be used in the federal courts.

No warrantless seizures, upheld exclusionary rule

Mirands v. Arizona

1966- supreme court decision stated that an accused person had to be informed of his rights at the time of arrest

"Miranda rights"

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process, self incrimination

6th Amendment

The right to a Speedy Trial by impartial jury, representation by an attorney for an accused person, right to be informed of charges, right to cross examine witnesses

8th Amendment

No cruel and unusual punishment, excessive bail

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Extends broadest due process protections (citizenship for slaves)

Eras of policing

The Political Era (1840-1930)

The Reform Era (1930-1980)

The Community Era (1980 to Present)

Statutory Law

Written law set down by a body of legislature or by a singular legislator

Law passed by the U.S. Congress or state legislatures

Common Law

A system of law based on precedent and customs

Compilation of decisions about civil disputes and criminal offenses made by English magistrate began in 1500's

Motions that can be filed in court

Motions for dismissal, change of venue, motion in limine, motion to suppress, discovery, determination of competency, motion for severance

Motion for dismissal

A request by defense counsel that the judge dismiss the charges against the defendant

Motion to suppress

A request that the court prohibit the use of certain evidence at the trial.

Motion for discovery

A written or oral request to the opposing side to inform their opponent about evidence that will be produced during the trial

Motion in limine

A request that the court order that certain information not be mentioned in the presence of the jury.

Motion for change of venue

Request to a judge by counsel to transfer the trial to a different geographic location within the jurisdiction of the court.

Motion for severance

A court order to conduct separate trials for criminal defendants who were charged with the same crime, or trying the defendant's liability in a lawsuit separately from the damages.

Bail

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

ROR

Released on Recognizance, released without bail being set. written promise to return for trial and no further crime

Preventative detention

A law that allows judges to order an accused person to stay in jail without bail when there is good reason to believe that the person will commit another serious crime before trial

Due process

Fair and proper treatment through the normal judicial system, especially as a citizen's entitlement.,following of legal procedures

Punishment Philosophies

Retribution, incapacitation, deterrence, rehabilitation

Retribution (punishment philosophy)

A repayment; a deserved punishment

Incapacitation (punishment philosophy)

Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison

Deterrence (punishment philosophy)

The attempt to discourage criminality through the use of punishment

Rehabilitation (punishment philosophy)

Process of changing or reforming a criminal through socialization

Pennsylvania Prison System

Separate system, prisoners kept in cell always, focused on solitary confinement

These prisons and those that were modeled after them emphasized silent and separate eating, and working and living arrangements that isolated inmates in their cells, restricted their contact with others and reinforced the need for penitence. When labor was allowed at all, it was a solitary affair in ones cell

Auburn Prison System

Congregate/silent system, prisoners slept in solitary but worked and ate together in silence

Focused on separation, obedience, and labor as reform

Prisoners worked during the day, and were in solitary at night as punishment.

Parole

To grant a prisoner an early release from prison sentence, with certain restrictions

Probation

A sentence that the offender is allowed to serve under supervision in the community

Given once guilt has been admitted/determined

Pardons vs. Commutations

Government decision to allow a person to be absolved of guilt for an alleged crime or other legal offense, as if the act never occurred

vs.

Government decision to lower punishment but keep conviction

Determinate sentencing

Process of a court assigning a set prison term to a convicted offender.

Judge sets a specific time "10 years in prison"

Indeterminate sentencing

The offender's sentence is identified as a range, rather than a specific time period. "up to 5 years" "10-15 years"

U.S. Supreme Court

The highest court of the United States, 9 (8 justices, 1 chief justice), final court of appeals, hears 1 % of cases from federal circuit courts (usually only when disagreement amongst states)

Chief Justice Roberts

4 levels of intent/mens rea

1. Purpose (purposefully)

2. Knowledge (knowingly)

3. Recklessness (aware of risks)

5. Negligence (should have been aware)

Definition of Crime

An intentional act or omission that violates criminal law, an act committed without defense or justification, sanctioned as a misdemeanor or felony

Why is defining crime difficult?

Influenced by moral, political, and social processes. What's seen as "harm to others, harm to self, or harm to morality" changes over time. (I.e. abortion, gambling, prostitution, etc.)

Ways a criminal act can be justified?

Self defense, legal incapacity (insanity plea), entrapment (enticing people to commit crimes that they otherwise would not do), ignorance and mistake of facts

UCR

Uniform Crime Report, collected by FBI from local law enforcement agencies

UCR 8 Index Offenses

Violent-

1. Homicide 2. Aggravated Assault 3. Robbery 4. Rape

Property-

5. Burglary 6. Larceny-theft 7. Motor-vehicle theft 8. Arson

UCR Strengths

Oldest consistently recorded source of crime data, allows for geographic comparisons, largest source of data on offenders, most agencies report (98%)

UCR Weaknesses

Dark figure of crime, hierarchy rule (only most serious offense gets reported), agencies only report voluntarily, only standard offenses

NCVS

National Crime Victimization Survey

Self report victim survey, since 1973, interview households, must be 12 years of age

NCVS Strengths

Uncovers more crime than UCR (2 to 3), good data on incidence and victimization

NCVS Weaknesses

Limited number of crimes considered, no info on children, geographically limited, unreliable for offender data, victim reliability

NIBRS

National Incident - Based Reporting System

Formal FBI reporting system, more detailed reports of crime + no hierarchy rule, incident based reporting, new still trying to spread

Dark figure of crime

Crime unknown to the police, crime that goes unreported, as much as 55% of crime

Characteristic of good theories

Attempts to explain something or describes the cause of something

1) Defines what something is

2) Identifies causes- IV

3) Explains why IV causes crimes

Classical School of Criminology

Crime is a matter of choice (free will, hedonism, rationality),

Cesare Beccaria

Purpose of punishment should be deterrence, critical of harsh punishments

Severity, swiftness, and most importantly-certainty

Punishment proportional to crime

Jeremy Bentham

Utilitarianism, people engage in a hedonistic calculus which drives choice, what brings the greatest amount of pleasure to the greatest amount of people

Rational Choice Theory

We constantly weigh pros and cons of everything we do and act based on this cost/benefit analysis, crime is a rational decision

Modern Deterrence Theory

Primary focus on crime control through punishment

-Control population and set an example (general)

-Eliminate recidivism (specific)

Routine Activities Theory

Crimes is the result of:

1) Motivated offenders

2) Suitable targets

3) Absence of capable guardians

Positive School of Criminology

Dominant for 100+ years, emphasis on empirical research, focus on criminality not crime, what makes one more or less likely to be criminal?

Replaced free will with determinism (choices influenced by context/environment)

Major characteristics of modern biological explanations of crime

Represent a mixture of bio, psych, and soc. (socio-biology)

-Genes + environment (epigenetics)

-Brain functioning and chemical/hormonal imbalances

Emphasis on early childhood development

Social Disorganization Theory

Crime occurs because the inability of local communities to realize the common values of their residents or solve commonly experienced problems (more disorganization, more crime)

1. Poverty, 2. Heterogeneity, 3. Transcience

Shaw and McCay, ecology and crime

Broken Windows Theory

Wilson and Kelling, urban disorder and dilapidation will invite and lead to future crime + anti social behavior

Chicago School

Where study of ecology and crime began, sociological theory

Park and Burgess concentric zones model, crime unevenly distributed across 5 zones (more urban- more crime)

Conflict/Critical Theory

Focuses on the major inequalities that exist in structures and the impact that it has on individuals

We tend to outlaw crimes that poor/lower class do, not the rich

Laws, crime, and punishment reflect conflict, not consensus

Labeling theory

Acts or not inherently criminal/deviant they BECOME deviant by societal definitions/responses/rules

Effects self concept, limits opportunities, exposes to criminal subcultures

Social Bond Theory

Hirschi

Control arises out of bond to society, criminality arises when bonds are weak or broken

-Attachment (most relevant): affective

-Commitment: rational

-Involvement: behavioral

-Belief: evaluative

Theory of low self control

Criminality reflects the absence of self control, inability to delay gratification (marshmallow test)

Influenced by poverty and and lack of parental discipline

Agnew's General Strain Theory

3 causes of strain:

1. Failure to achieve positively valued goals

2. Removal of positively valued stimuli

3. Inability to avoid negative stimuli

Strain is individual and comes from immediate environment, mostly anger

Merton's Anomie/Structural Strain Theory

Societal strains increase anomie (the sense of feeling isolated from society), authority no longer constrains behavior

Cultural goals + legitimate means

5 adaptations to goals/means gap: conformity, innovation, ritualism, retreat-ism, rebellion

Social Learning Theory

Bandura

Violent and aggressive tendencies are learned by observing and then imitating others

-People are active learners who think about behaviors and consequences

Neutralization Theory

Sykes and Matza,

Prebehavioral justifications which make deviant and criminal behavior more subjectively acceptable

Differential Association Theory (social learning)

Edwin Sutherland

Criminal behavior occurs when persons define situations as appropriate for criminal act, 9 postulates, differentiates between criminal vs. non criminal behavior

Criminal behavior is learned and not fully explained by needs and values

Techniques of neutralization

1. Denial of responsibility (authoritative pressure)

2. Denial of injury (no one was hurt)

3. Denial of victim (they deserved it)

4. Condemnation of Condemners (corrupt society)

5. Appeal to higher loyalties (gang ties)

Critical criminology

Theories that assume criminal law and the criminal justice system are primarily a means of controlling the lower classes, women, and minorities

Points to the unequal structure of society or the justice system as explaining greater crime commission and/or apprehension among subordinate groups

Andersen's Code of the Streets

1) A set of informal rules governing interpersonal public behavior, including violence

2) Respect is the heart of the code

3) Nonviolence is against the norm (subculture of violence)

4) Street families vs. decent families

5) Zero sum game (raised up, by pulling others down)

Definition of Science

A set of logical, systematic, documented methods for investigating nature and natural processes

The knowledge produced by these investigations, content based

Stages in the Research Process

1. Theory

2. Hypothesis

3. Data

4. Empirical Generalization

1. Define the problem

2. Plan research

3. Plan sample.

4. Collect data

5. Analyze data

5. Format conclusions

Quantitative Research Methods

Explaining the phenomena by collecting numerical data that are analyzed using mathematically based methods (inductive)

Examples of Quantitative research methods

Surveys, questionnaires,

Concept

A mental image that summarizes a set of similar observations, feelings, or ideas

Conceptualization

The process of specifying what we mean by a term.

defining a term

Operationalization

The process of specifying the operations that will indicate the value of cases on a variable

assigning a method

Ethical concerns in social research

Respect for persons, beneficence, and justice

Protect subjects (informed consent, confidentiality, debriefing), maintain honest and openness, achieve valid results, encourage appropriate application of results

Sampling Techniques

Probability sampling methods (know how likely to be selected from pop.)

Nonprobability sampling methods (amount in pop. is unknown)

Probability Sampling Methods

Simple random sampling, systematic random sampling, stratified random sampling, cluster sampling

Non-Probability Sampling methods

Availability sampling (convenience), quota sampling, purposive sampling, snowball sampling,

Experimental design

Test under controlled conditions, where IV is manipulated to study effects on DV, random assignment and control group

Descriptive research design

Research in which social phenomena are defined and described, starts with data and makes empirical generalizations but NO theories

Exploratory research design

Seeks to find out how people get along in the setting under question, what meanings they give to their actions, and what issues concern them

Explanatory research design

Seeks to identify causes and effects of social phenomena and to predict how one phenomenon will change or vary in response to variation in another phenomenon.