Intro to CJ Midterm

What is CJ

study of agencies of social control that handle criminal offenders, specifically police orgs, courts, and the corrections system

Interdisciplinary

Crime

a wrong against society that is proclaimed by the law, which, if committed under certain circumstances, is punishable by CJ system

Consensus Model

general agreement among the majority of ppl in society on what behaviors are right and wrong, and what should be outlawed by criminal law

Conflict Model

views society as a collection of diverse groups in constant conflict

definitions of criminal behavior are controlled by wealth, power, and position, not moral consensus

Purposes and Functions of CJ System

Maintaining Justice, Maintaining Social Order, Ensuring Community Safety

Maintaining Justice

provide justice to all members of society

Maintaining Social Order

maintains social order by interpreting and enforcing laws

Ensuring Community Safety

ensures community safety and protects society by identifying individuals who pose a threat or harm to society through potential future crimes

Federalism

Form of government where power is divided between a central power and regional governments

Formal CJ Process

a routine process focused on getting the offender from arrest, to trial, and to punishment if found guilty

Informal CJ Process

recognizes that discretion will be used in the CJ process

creates different outcomes for each person moving through the CJ system

Criminology

offers different theories and explanations as to why people commit crimes

Contribution Criminology Makes to the Field of CJ

provides the research, data, and theoretical frameworks that inform and improve the operations of CJ system

Correlation

two variables vary together

Causation

one variable is responsible for the change in another

cause and effect

Theory

an explanation of circumstance that is based on reasoning, experimentation, and observation

Classical Theory

Focus on free will and rationality

Crime is a result of an individual’s decision-making process

view people as free, rational, and hedonistic

Trait Theories

certain biological or psychological traits individuals possess could influence them to engage in criminal behavior in certain circumstances

Social Conflict Theories

the unequal structure of society causes criminal behavior

capitalism is responsible for violent behavior and crime because of disparities in income

Social Process Theories

believe that the potential for criminal behavior exists in everyone and will be realized depending on an individual’s interaction with various institutions and processes of society

Criminal Law

the body of law that defines criminal offenses and is concerned with protecting the public and prosecuting crimes

Civil Law

includes all types of law besides criminal law and is concerned with disputes between private individuals and entities

Felony

crimes punishable by death or imprisonment in a federal or state prison for one year or more

Misdemeaner

under federal law and in most states, any crime that is not a felony is a misdemeanor

Infraction

least serious offenses, only punishable by a fine, do not appear on a criminal record

Uniform Crime Report

the FBI attempts to measure the overall crime rate in the U.S

Two flaws of the SRS System leading to development of NIBRS

Time Lag and Hierarchy Rule

Time Lag

released each fall with data from year before

Hierarchy Rule

only most serious crime was reported

National Incident-Based Reporting System (NIBRS)

more details, addressed flaws of SRS system

identifies when and where, form, and characters in a crime

Victim Surveys

victims of crime are asked about their experienceN

National Crime Victimization Survey

annual survey conducted by the Bureau of Consensus and Justice

interviews twice a year about their experience

better idea of the dark figure of crime

Self-Reported Surverys

personal interviews or questionnaires, individuals are asked about criminal activities that they might have been involved in

Crime Victim’s Rights Act (2004)

the right to be informed

the right to be present

the right to be heard

Crime Trends 1990s-2000s

decreasing

Covid 19

Constitutional Law

Law outlined in U.S. constitution and state constitution

the supreme law of the land

Statutory Law

statutes that are enacted by legislative bodies at any level of gov

Administrative Law

agency made law refers to the rules, regulations, orders, and decisions made by regulatory agencies

Case Law

Judge made law

rules of law announced in court decisions or precedents

Mens Rea

refers to a guilty mind

Actus Rea

refers to the guilty act

Excuse Defenses

the law recognizes that even though an act is inherently criminal, society will not punish the actor because that person does not have the requisite mental conditions

Insanity Defense

the general principle of the insanity defense is that an individual is excused from criminal wrongdoing as a result of mental disease if that person

does not know what is right or wrong, does not perceive consequences, cannot control themselves

Intoxication

defendant claims taking intoxicants rendered them unable to form the requisite intent to commit a criminal act

Mistake Defense

when someone claims ignorance of the law or a mistaken idea of the law

NOT valid in court

Justification Defense

a defendant accepts responsibility for the crime and admits they engaged in a wrongful act but argues that it was justified under the circumstances

Duress

when a person argues that they were compelled or coerced to engage in criminal behavior because of the threat of imminent danger

threat serious of harm or death, harm threatened greater than harm of the crime, threat immediate and inescapable, defendant could not be blamed for getting involved

Self-Defense

the legally recognized use of force that someone may use to protect themselves or others if they believe that they are in danger of being harmed by another

Necessity

defendant claims that the circumstances they were in required the commission of an illegal act

weight the harm of the act committed against the harm that would have occurred if crime wasn’t committed

Entrapment

defendant claims that they were coerced by a public officer to commit a crime that they otherwise would not have committed

Basic Responsibilities of the Police

Enforcing Laws, Providing Services, Preventing Crime, Preserving Peace

Sir Robert Peel

Father of Modern Policing

established the London Metropolitan Police and the department served as the model

Political Era

law enforcement officers were regulated by political leaders and partisan politics

corruption and bias

Reform Era

The Wickersham Commission focused on police brutality and corrupt influence of politics

Tech advancements

Community Era

omnibus crime control and safe streets act

provided police with funds ot create a variety of police community programs

De-escalation

many police orgs have implemented de-escalation training

the strategic slowing down of an incident in a manner that allows officers more time, distance, space, and tactical flexibility during dynamic situations on the street

Guardian Mindset

promotes de-escalation, community safety, positive relationships, treating the community with dignity, building trust with the community

Warrior Mindset

focuses more on coercive policing, an “us vs. them” mentality, aggressive crime-fighting strategies, use force to control the community

Academy Training

where recruits receive their intro to the world of policing

ran by state or police organizations

Field Training

takes place outside of the academy

Police Discretion

the ability to choose between different options when confronted with the need to make a decision

Police Chain of Command

top down command with Chief of police at top and patrol officers at bottom

Delegation of Authority

when people take orders and commands from, and are responsible to those in positions of power directly above them

Purpose of Patrol

deterring crime by maintaining a visible police presence

maintaining public order and a sense of security in the community

providing certain services that are not crime-related 24 hrs. a day

Trace Evidence

typically small, and technological aid is usually needed to detect it

Genetic Genealogy

using DNA matches to relatives in public genealogy databases to help identify potential suspects

Community Policing

a policing philosophy that promotes collaborative partnerships between the community and the police, proactive problem solving, and community engagement to address issues like fear of crime

Blue-Curtain

refers to the value that police place on secrecy and the general mistrust they have of the outside world

Probable Cause 4 Major Sources

Personal observation, info, evidence, assoication

Exclusionary Rule

prohibits the use of illegally seized evidence

Search Warrant

a written court order based on probable cause and issued by a judge, that authorizes the police to search a specific person, place, or property

Two Things Needed for a Search Warrant

Probable Cause and Specific Information