Chapters 1&3

Definition of Crime

Key Concepts

  • A crime is defined by legality, human conduct, causation, harm, concurrence, mens rea, and punishment.

  • Legality: The act must be defined as a crime by law.

  • Actus Reus: The physical act of committing a crime.

  • Causation: The act must cause harm or damage.

  • Harm: The act must result in a specific harm to individuals or society.

  • Mens Rea: The mental state or intent behind the act.

Models of Criminality

  • Consensus Model: Assumes a shared moral understanding among society members.

  • Conflict Model: Recognizes diverse moral attitudes and conflicts within society.

  • Integrated Definition: Crime is an offense against society, prosecuted by public officials.

Types of Crime

Categories of Crime

  • Violent Crime: Involves physical harm to persons, classified by degree based on circumstances.

  • Property Crime: The most common form, aimed at economic gain or property damage.

  • Public Order Crime: Violates social values, often termed victimless crimes.

  • White Collar Crime: Significant economic impact, costing businesses trillions annually.

  • Organized Crime: Involves structured groups engaging in illegal activities.

  • High-Tech Crime: Crimes committed using advanced technology.

Purpose and Components of the Criminal Justice System

Purpose of the Criminal Justice System

  • Control crime through arrest, prosecution, and punishment.

  • Prevent crime by deterring potential offenders.

  • Maintain justice and fairness in society.

Components of the Criminal Justice System

  • Composed of Police, Courts, and Corrections.

  • Federalism: Power is shared between federal and state governments, preventing centralization.

Law Enforcement Levels

Three Levels of Law Enforcement

  • Local and County Law Enforcement: Handles everyday policing, primarily local concerns.

  • State Law Enforcement: Includes state police and various enforcement officers.

  • Federal Law Enforcement: Operates nationwide, includes agencies like the FBI and DEA.

The Court System and Corrections

The Court System

  • The U.S. has a dual court system: one federal and 50 state systems.

  • Dual sovereignty allows for trials in both federal and state jurisdictions.

Corrections

  • Probation: Most common treatment, allowing community supervision.

  • Incarceration: Serious crimes lead to prison, minor crimes to jail.

  • Community-Based Corrections: Alternatives to incarceration due to overcrowding.

  • Parole: Most frequent type of release from incarceration.

Overview of Criminal Justice Processes

Formal vs. Informal Processes

  • The formal criminal justice process functions like an assembly line, requiring each part to perform its role for the system to function effectively.

  • The informal process relies on discretion from law enforcement, prosecutors, and judges, leading to selective enforcement of laws.

  • Jury trials are rare, with about 5% of cases going to trial; most are resolved through plea bargaining.

  • This reliance on convenience can compromise ideals of justice and fairness.

Discretion in Criminal Justice

  • Discretion can lead to pitfalls, as not all officials use rational decision-making.

  • Personal biases and irrational thinking can affect individual judgments.

  • The potential for abuse of discretion raises ethical concerns about fairness in the justice system.

Herbert Packer’s Criminal Justice Models

Crime Control Model

  • Emphasizes the role of law enforcement in protecting society from crime.

  • Focuses on punishing and repressing criminal conduct to deter crime.

  • Advocates for quick and efficient justice, often favoring longer prison sentences and the death penalty.

Due Process Model

  • Prioritizes individual rights and protections against government power.

  • Stresses the importance of ensuring only the guilty are convicted, upholding legal procedures.

  • Advocates for rehabilitation over punishment and opposes the death penalty.

Contemporary Issues in Policing and Terrorism

Demands for Change in Policing

  • The killing of George Floyd sparked widespread protests and calls for police reform.

  • The Black Lives Matter movement emphasizes accountability and the need to re-imagine policing.

  • The use of video evidence has increased scrutiny on police actions.

Homeland Security and Domestic Terrorism

  • The 9/11 attacks shifted focus to preventing terrorism, particularly from foreign operatives.

  • Domestic terrorism has emerged as a significant threat, often involving self-radicalized individuals.

  • These 'lone wolves' typically operate independently and are inspired by extremist content online.

Trends in Incarceration and Race

Prison Population Trends

  • The U.S. prison population increased by 500% from 1980 to 2008, with a slight decrease in recent years.

  • Over 2.1 million offenders are currently incarcerated, with an additional 4.65 million under community supervision.

The Decarceration Movement

  • Economic factors are influencing a shift towards reducing incarceration rates.

  • $80 billion is spent annually on jails and prisons, prompting a reallocation of funds to community safety programs.

  • Recidivism rates highlight the need for effective re-entry programs for former inmates.

Foundations of American Criminal Law

Sources of Criminal Law

  • Constitutional Law: Based on the U.S. Constitution and state constitutions.

  • Statutory Law: Laws passed by legislative bodies, including local ordinances.

  • Administrative Law: Rules from regulatory agencies like the FDA.

  • Case Law: Legal precedents established by court decisions.

Functions of Criminal Law

  • Protect and Punish: Aims to maintain social order and protect citizens from harm.

  • Maintain and Teach: Expresses public morality and teaches societal boundaries.

Elements and Degrees of Crime

Basic Elements of a Crime

  • Criminal Act (Actus Reus): The physical act of committing a crime.

  • Mental State (Mens Rea): Intent is necessary for establishing guilt.

  • Causation: The act must cause harm.

  • Harm: Damages resulting from the crime must be evident.

Degrees of Crime

  • Crimes are classified as felonies (serious offenses) or misdemeanors (less serious).

  • First-degree murder is premeditated, while second-degree murder involves reckless disregard for life.

  • Liability can vary based on intent and involvement in the crime.

Defenses in Criminal Law

Excuse and Justification Defenses

  • Excuse Defenses: Apply when the defendant lacks the mental capacity to form intent (e.g., insanity, infancy).

  • Justification Defenses: Admit to the act but argue it was necessary (e.g., self-defense, necessity).

Types of Criminal Law

  • Substantive Criminal Law: Defines punishable acts.

  • Procedural Criminal Law: Protects constitutional rights during legal proceedings.

The Bill of Rights and Criminal Justice

Procedural Safeguards

  • Fourth Amendment: Protects against unreasonable searches and seizures.

  • Fifth Amendment: Ensures due process and protection against self-incrimination.

  • Sixth Amendment: Guarantees rights to a speedy trial and legal representation.

  • Eighth Amendment: Prohibits excessive bail and cruel punishments.

Definition of Crime

  • A crime involves legality, human conduct, causation, harm, concurrence, mens rea, and punishment.

    • Legality: Defined by law.

    • Actus Reus: The physical act of a crime.

    • Causation: The act must cause harm.

    • Harm: Specific harm to individuals or society.

    • Mens Rea: Intent behind the act.

Models of Criminality

  • Consensus Model: Shared moral understanding.

  • Conflict Model: Diverse moral attitudes and conflicts.

  • Integrated Definition: Crime is an offense against society.

Types of Crime

  • Violent Crime: Physical harm.

  • Property Crime: Economic gain or property damage.

  • Public Order Crime: Violates social values.

  • White Collar Crime: Economic impact.

  • Organized Crime: Structured illegal activities.

  • High-Tech Crime: Crimes using technology.

Criminal Justice System

  • Purpose: Control, prevent crime, maintain justice.

  • Components: Police, Courts, Corrections.

  • Law Enforcement Levels: Local, State, Federal.

Criminal Justice Processes

  • Formal vs. Informal: Assembly line vs. discretionary judgment; plea bargaining is common.

  • Discretion Pitfalls: Personal biases can affect fairness.

Herbert Packer’s Models

  • Crime Control Model: Emphasizes punishing crime.

  • Due Process Model: Prioritizes individual rights and rehabilitation.

Contemporary Issues

  • Policing: Calls for reform following George Floyd's killing.

  • Terrorism: Focus on domestic threats post-9/11.

Incarceration Trends

  • Rising prison population; economic factors driving the decarceration movement.

Foundations of Criminal Law

  • Sources: Constitutional, Statutory, Administrative, Case Law.

  • Functions: Protect, punish, maintain social order.

  • Elements: Criminal act, intent, causation, harm.

  • Defenses: Excuse and justification defenses.

  • Criminal Law Types: Substantive and Procedural.

Bill of Rights

  • Fourth: Unreasonable searches.

  • Fifth: Due process.

  • Sixth: Speedy trial rights.

  • Eighth: No excessive bail or cruel punishments.

Definition of Crime

  • A crime involves legality, human conduct, causation, harm, concurrence, mens rea, and punishment.

    • Legality: Defined by law.

    • Actus Reus: The physical act of a crime.

    • Causation: The act must cause harm.

    • Harm: Specific harm to individuals or society.

    • Mens Rea: Intent behind the act.

Models of Criminality

  • Consensus Model: Shared moral understanding.

  • Conflict Model: Diverse moral attitudes and conflicts.

  • Integrated Definition: Crime is an offense against society.

Types of Crime

  • Violent Crime: Physical harm.

  • Property Crime: Economic gain or property damage.

  • Public Order Crime: Violates social values.

  • White Collar Crime: Economic impact.

  • Organized Crime: Structured illegal activities.

  • High-Tech Crime: Crimes using technology.

Criminal Justice System

  • Purpose: Control, prevent crime, maintain justice.

  • Components: Police, Courts, Corrections.

  • Law Enforcement Levels: Local, State, Federal.

Criminal Justice Processes

  • Formal vs. Informal: Assembly line vs. discretionary judgment; plea bargaining is common.

  • Discretion Pitfalls: Personal biases can affect fairness.

Herbert Packer’s Models

  • Crime Control Model: Emphasizes punishing crime.

  • Due Process Model: Prioritizes individual rights and rehabilitation.

Contemporary Issues

  • Policing: Calls for reform following George Floyd's killing.

  • Terrorism: Focus on domestic threats post-9/11.

Incarceration Trends

  • Rising prison population; economic factors driving the decarceration movement.

Foundations of Criminal Law

  • Sources: Constitutional, Statutory, Administrative, Case Law.

  • Functions: Protect, punish, maintain social order.

  • Elements: Criminal act, intent, causation, harm.

  • Defenses: Excuse and justification defenses.

  • Criminal Law Types: Substantive and Procedural.

Bill of Rights

  • Fourth: Unreasonable searches.

  • Fifth: Due process.

  • Sixth: Speedy trial rights.

  • Eighth: No excessive bail or cruel punishments.