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Consensus Perspective
majority of the population has the same/similar moral views & beliefs leading to new laws being established
Conflict Perspective
no 2 people share the same views/beliefs leading to conflicts escalating, as the majority dont agree the group with the most power has their views/beliefs made into laws
Due Process
seen as an obstacle, people charged seen as innocent till proven guilty, not allowed to violate the accused rights
Crime Control
fast, efficient, system focused on protecting society & eliminating loopholes in laws
Ethics
actions & words that are considered morally correct by a majority of society; worldview of correct actions to take
character
doing the right thing when no one is looking or around (no benefit for actions)
Role of discretion
whether to stop, search, or arrest someone; decide of they act, what response is appropriate, how the community’s attitude toward specific types of criminal act should influence decisions
challenges of discretion
resisting temptation (they are constantly exposed), culture (blue wall of silence), most discretion is at the bottom (opposite of almost every other field)
goals of CJ system
uphold rights, punish criminals, crime control, maintain order
Can one model of crime be more efficient?
no, process can be more than the other, has to be enforced in equal measure (cant have more of one then the other)
backward law of media
common crimes have small coverage in media, least common crimes has most coverage in media
Explain the perspective of crime and deviance as relative and why researchers must approach the study of crime from a relative or “social constructionist” perspective
Crime is relative: determined by time and place ex: military killing = doing job, civilian killing = arrested & potentially killed, Difference is in context;
Social constructionists: no action is inherently good or bad;
To recognize that human behavior is not absolute, takes out bias from the research process
Portrayal of White Collar Crime (WCC)
old, white, rich men, doesn’t have effect anyone
Portrayal of street offenders
evil, black, rowdy, who are out to hurt people
Identify and explain, according to Surette, some of the social consequences of our contemporary images of crime and criminality
Perpetuates stereotypes as committing more crimes, ex: Mexican drug runners;
More people become scared of group/areas, ex: the “bad” part of town;
o Housing value decreases
People start to think of criminals as fundamentally different;
o Easy to dehumanize criminals
origin of American legal system
English common law
criminal law
“beyond all reasonable doubt”, a public wrong, some level of government files charges against an individual, punishment jail/prison/probation/death, person accused of committing some sort of crime
Civil law
“preponderance of evidence”, a private wrong, case is filed by an individual party, punishment in form of monetary compensation no incarceration
substantive law
a written law that defines a criminal act
procedural law
sets the procedures & mechanisms for processing criminal cases
Types of law in the USA
substantive & procedural
Classification of laws in the USA
felonies & misdemeanors
Sources of law int he USA
federal, state, city/county/municipal
categories of law in the USA
person, property, public order (victimless crimes), white collar, organized
2 elements of criminal law
mens rea = guilty mind
actus reus = the criminal act
prosecutor needs both
dark figure of crime
reference that most crime is never reported/come to the attention of the police
why are crimes not reported
fear of retaliation, embarrassment, not know they are a victim, distrust in police/not believing it will help, benefit from the criminal, police willingness to file a report
strengths and limitation of UCR
strength = information comes from PD’s around the country, has over 50 years of information
limitations = only added if crime is reported
strengths & limitations of NCVS
limitation = only gets information with people with houses & phones, doesn’t get WCC
strengths = more accurate portrayal of crime than UCR, gets crime that goes unreported
strengths & limitations of NIBRS
strength = captures 57 data elements related to the offense/offender/victim/property/arrestee, captures information on a broader range of offenses
limitation = take a lot of time and money
strengths & limitations of SRS
strength = uncover “hidden crime”, shows discretion of the CJS
limitation = people don’t take it seriously
pattern of crime related to age
teens-early twenties have higher crime rates, peaks at 18/19, slowly goes down after, age crime curve
pattern of crime related to gender
men commit 80% or more violent crimes
relative ethics
gray area, nothing inherently good/bad
absolute ethics
crime is black and white, no in between
blue wall of silence
Cops won’t tell superiors if they see a fellow officer committing a crime
what does clery act require campus to report?
daily crime log, annua security report, fire and safety log must be available to the public
Campus security authority (CSA)
required by clery act to report any crime that comes to their attention = mandated reporter
what types of crime does clery require be reported?
criminal offenses, arrest & referrals, violence against women, hate crimes, hazing