Exam 1 review

Chapter Overview

• The course is divided into four parts, currently halfway through.

• First Three Chapters Topics: Nature of Criminal Law and Criminal Justice System.

• Chapters 4-6: Focus on Police and Law Enforcement.

• Next Three Chapters: Cover Corrections.

Chapter 1: Formation of the Criminal Justice System

• Focus on learning objectives and key concepts.

• Basic Components: Structure of formal criminal justice (policing, courts, corrections).

• Key Concepts:

  • Informal System: Assembly line, funnel, wedding cake models.

  • Law Enforcement Assistance Administration (LEAA): Provides federal funding for law enforcement.

• Process Steps:

  • Initial contact (the gatekeeper).

  • Investigation, arrest (in-presence requirement for felonies), probable cause.

  • Custody, charges, indictment (grand jury or preliminary hearing).

  • Arraignment (formal reading of charges).

  • Bail process, plea bargaining (90% cases plea bargained), trial, sentencing, appeals, corrections.

• Criminal Justice Assembly Line: Majority of cases do not go through all 15 steps.

• Criminal Justice Funnel:

  • Case reduction: From 1000 reported crimes to 20 incarcerations.

• Criminal Justice Wedding Cake:

  • Tiered Approach: Misdemeanors, less serious felonies, serious felonies, celebrated cases (e.g., high-profile cases like OJ Simpson).

• Criminal Justice Perspectives:

  • Crime Control Perspective: Focus on swift arrest and incarceration.

  • Rehabilitation Perspective: Aims to assist offenders.

  • Due Process Perspective: Protecting individual rights (4th, 5th amendments).

  • Nonintervention Perspective: Less involvement by the legal system.

  • Equal Justice Perspective: Equal treatment under law.

  • Restorative Justice Perspective: Reintegration of offenders into society.

Chapter 2: Crime Measurement

• Types of Criminology Measurements:

  • Consensus View: Majority agreement on criminal laws.

  • Conflict View: Wealthy and powerful create laws that others must follow.

• Crime Measurement Tools:

  • Uniform Crime Reports (UCR), National Incident-Based Reporting System (NIBRS), National Crime Victimization Surveys (NCVS).

  • UCR: Widely known, classified into part one and part two offenses.

  • NIBRS: More comprehensive reporting on 22 crimes.

  • NCVS: Measures crime based on victim responses.

• Patterns in Crime:

  • Higher crime rates among males, younger individuals, and urban areas.

  • Seasonal trends: More crimes occur in summer.

• Victim Characteristics: Males, younger individuals, lower-income urban residents.

• Theories of Crime:

  • Rational Choice Theory: Crime as a choice.

  • Biological Theories: Factors impacting crime, e.g., genetics, psychobiological issues.

  • Psychological Theories: Behavioral and cognitive perspectives.

  • Sociological Theories: Focus on community-specific conditions; e.g., poverty influences crime.

  • Developmental Theories: Relationship factors leading to criminal behavior.

Chapter 3: Criminal Law and Procedure

• Elements of Crime: Mental state (mens rea), acts (actus reus).

• Malum in Se vs. Malum Prohibitum:

  • Malum in Se: Crimes inherently wrong (e.g., murder).

  • Malum Prohibitum: Wrong due to legislation (e.g., driving violations).

• Defenses:

  • Justification vs. Excuse Defenses: Justifications defend actions; excuses concede the act's wrongfulness but mitigate culpability.

  • Examples: Self-defense (justification), insanity (excuse).

• Substantive vs. Procedural Criminal Law:

  • Substantive: Defines crimes and defenses.

  • Procedural: Outlines legal process through courts, police interaction, amendments applicable to rights.

Chapter 4: History and Function of Police

• Origins of Modern Policing:

  • Sir Robert Peel: Established modern policing in London (1829).

  • First U.S. Police Department: Boston (1838); significant figures in police reform: August Vollmer.

• Types of Law Enforcement: Municipal, county (sheriffs), state police, federal (FBI, Department of Homeland Security).

• Public vs. Private Policing:

  • Public focuses on criminal law; private focuses on property loss prevention.

• Technology in Policing:

  • Use of CompStat for crime mapping.

Chapter 5: Role and Function of Police

• Organizational Structure: Time and rank system restricts officers' advancement based on tenure.

• Police Functions:

  • Order maintenance, crime fighting, community policing, problem-oriented policing, intelligence-led policing.

  • Proactive policing: Aggressive arrest strategies; deterrent effects on crime rates.

• Community Policing: Enhances community relationships; focuses on local concerns.

  • Problem-Oriented Policing: Identifies and evaluates community issues to devise solutions.

  • Intelligence-Led Policing: Analysis-driven strategies enhanced by surveillance tech.

• Investigative Functions: Officer classification between patrol and detective roles; effectiveness of investigations.

Chapter 6: Police Demographics and Challenges

• Current Demographics: Predominantly white male; efforts to increase diversity.

• Education Trends: Downward trend in educational requirements for police recruits compared to need for qualified personnel.

• Police Culture:

  • Blue Curtain of Silence: Internal confidentiality and lack of transparency.

• Styles of Policing:

  • Crime fighter, social agent, law enforcer, watchman; identities impacting policing strategies.