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.