criminal justice 1

Crimes

Actions that violate laws defined by society

mala in se

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

Mala prohibita

Prohibited by law, but some people in society disagree on their harmfulness, like gambling, prostitution, and drug possession

Doing justice

Upholding society's interests in a fair and just manner: fairness and equity are key elements of justice

Controlling crime

Identify, prosecute, convict, and punish offenders in a fair, equitable, andlegal manner

Preventing crime

Fair, equitable, and lawful prosecutions and punishments that can serve as an example to society

Advancing goals: evidence-based practices

Enacting and enforcing policies based on factual, science-driven data thatleads to a policy success

Federalism

Power divided between national and state governments

Two justice system

The federal government prosecutes violations of federal law. State (and local) governments prosecute violations of state law.

Percentage (rounded) ofcriminal justice employees ateach level of government

Most criminal justice employees are state and local officials.

Expansion of federal involvement

More crimes extend beyond state borders.

-Crime syndicates

-Terrorist

-Drug trafficking

-Internet crimes against children

System

Complex whole made up of interdependent agencies that each contribute to the system's functionfor example:
-Police
-Prosector's office
-Courts
-Corrections
Each entity relies on the others, and policy changes in one can affect them all.

Exchange

Mutual transfer and utilization of resources. Need to gain the cooperation and assistance from each agency.

Plea Bargin

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

Discretion

Official's authority to make decisons using their own judgment.

Resource dependence

Agencies depend on other agencies for funding.

Sequential Tasks

Decisions are made in a specific order.

Filitering

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

-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 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

1. Investigation

Police investigate the allegation of a crime being committed.

2 Arrest

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

3 Booking

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

4 Charging

Prosecutor decides if the case will be adjudicated.

5 Initial Appearance

-Defendant brought before a judge

-Formally notified of charges

-Advised of rights

-Judge decides if there is enough evidence to proceed

6 Preliminary Hearing/Grand Jury

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

-The grand jury decides whether there is enough evidence to file anindictment.

7 Indictment/Information

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

8 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 orindictment has been filed.

9 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."

10 Sentencing

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

-Punishment can include:

-Imprisonment

-Suspended sentence

-Probation

-Fines or community service

11 Appeal

-If the defendant is found guilty, they can ask for a higher court to reviewthe 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.

12 Corrections

-Carry out the judge's sentence.

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

-Prison: custodial separation from society

13 Release

-Completed imposed sentence

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

How many layers of the criminal justice process?

four

Layer 1

Celebrated cases (high profile, media attention)

Layer 2

Serious felonies (violent felonies, repeat offenders)

Layer 3

Lesser felonies (less-threatening offenders)

Layer 4

Misdemeanors (disturbing the peace, traffic violations)

Crime control model

-Efficient case processing and punishment

-Some innocent people may be found guilty.

−"Assembly line"

Due process model

-Doing justice by protecting individual's rights

-Some guilty defendants may go free.

-"Obstacle course"

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

Visible Crimes

Offense against persons or property, "Street crime"

3 types: violent, property. and 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

Crime that involve various countries

Victimless Crimes

Willing exchange of illegal goods and services (drug sales, prostitution)

Political Crime

Crime committed for ideological pruposes (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

Between 1984 and 2018, violent crime decreased

Victimology

Study of the role and impact of crime on a victim

Lifestyle-exposure theory

Based on victim demographics

Routine activities theory

convergence of specific elements of a crime.

Age, race, and gender

Specific influence on being the victim of a crime.

City dwellers who are

below the federal poverty threshold have a higher victimization rate.

Acquaintances and strangers:

Acquaintances are higher offenders

The impact of crime

Cost and fear of crimes

Costs of crimes

Economic, physical, and emotional

Fear of crimes

Limits freedoms, less "safe," higher social anxiety

The experience of victims in the criminal justice system

Victim suffers economic, physical, and emotional stresses

The role in victims in crimes

Researchers have found that victim's behavior and risk taking may facilitate the criminal act.

Classical criminology

Criminal behavior is free will. Offenders helf accountable and punished.

Positivist Criminology

Social, biological, and psychological factors. Punished specific to need of offender.

Biological Explanations

Criminogenic and psychological explanations.

Criminogenic

Born criminals (physical traits or heredity through disease). Genetic makeup, body type, and IQ may outweigh social factors as predictors of criminality.

Psychological Explanations

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

Sociological explanations

Crime caused by social conditions.

Social structure theories

Criminal behavior related to social class.

Social process theories

Anyone can be a criminal offender (regardless of demographics)

Learning theories

Criminal activity is learned.

Theory of differential assocation

Learned from interactions with others

Labeling theories

Criminal becuase persons are labeled as criminals by society.

Critical theories

Critical criminology, social conflict theories, Feminist theories

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.

Life course theories

Identify factors that shape criminal activity over the lifetime of an individual. Try to identify key factors that positively or negatively affect their behavior. Do not correlate crime to one event, but a potential series of events and life choices.

Intergrated theories

Combines 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. Reserachers 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.

Explaining disparities, Explanation 1

Research-based evidence does not support this statement. Race does not cause criminal behavior. Crimes are connected to social context, not race. Economic disadvantage is a significant factor. Perceptions of race and crime portrayed by the media.

Explaining disparities: Explanation 2

The criminal justice system is racially biased. Police racial profiling. Policing not with reasonable suspicion, but race-based assumptions. Targeting of low-income neighborhoods with citations and arrests for minor offenses to produce revenue.

Explaining Disparities: Explanation 3

America is a racially biased society. Racial slurs by police offiers suggest explict bias. Implicit bias: unknowingly associating individuals with stereotypes. Living in American society may cause unconsicous biases or implicit bias.

Civil Law

Governs business deals, contracts, real estate, and civil harm.

Criminal law has two categories

Substantive criminal law and procedural criminal law

Substantive criminal law

Defines actions that the government can punish

Procedural criminal law

Defines the rules that govern how the laws will be enforced.

Definitions and classifications of criminal laws

Felonies, misdemeanors, civil infractions

Felonies

Serious crimes, prison more than one year, death penalty

Misdemeanors

Less serious crimes, less than a year in jail, probation

Civil infractions

Minor offenses, punishment small fines