Untitled Flashcards Set

Week 1 : Overview of the Criminal Justice System

What is crime? 

• Actions society deems immoral and can be punished for 

• Mala in Se: crime done with malice/ evil in itself / immoral crimes 

• Mala prohibita: wrong because it's prohibited 

Terms: 

Recidivism: a personals relapse into criminal activity, often after an intervention for previous crime 

High Risk: High probability of reoffending 

Low Risk: low probability of reoffending

Offender: who commit crime 

Victim : duh 

Felony: serious offenses carrying a penalty of death or incarceration for more than a year 

Misdemeanor: less serious offenses, punished with no more than one year in jail, probation, or intermediate sanctions 

3 goals of justice system: 

• Justice: Balances rights of accuser and accused 

• crime control: effort of the entire justice system required. Punishment 

• Crime prevention: removing opportunity to commit crime, citizens give up privacy/ freedoms to have this 

Evidence based practice: 

• Use of strategies that have been tested and evidence proves work 

• Reduces bias 

• As society evolves, so do these policies 

• Textbook mentioned how cost effectiveness is considered ,: leads to unfair/ shitty treatment (prison) 

- intensive probation works better with high risk offenders, but not enough officers so they cannot properly help job  

Federal vs state governments 

• Federalism: two levels of government 

Federal government

•  laws created by congress, cross state lines or are federally relevant 

• District courts, appeal courts, supreme court 

• Federal prisons: only people who have commit federal crimes incarcerated here 

State Government

• Legislature 

• Wide range of issues, most issues stay within state government 

• State courts, appellate courts, and state supreme court 

• State prisons or jails for those who commit non-federal crimes 

Jurisdiction issues

• Who should control certain issues

• If people cross state lines there could be issues about where someone is tried 

Criminal Justice System 

Law Enforcement, courts, corrections

• All incredibly reliant on each other

• If law enforcement cracks down on crime, more court cases and incarcerations

Characteristics of the subsystems: 

• Discretion : using personal views to determine decisions, Cop lets friend go in small town instead of arresting him 

• Fine line between discretion and oppression 

• Resource dependence: government gives courts money, creates the political tension around funding and the criminal justice system

• Subsequential task: how they keep track of people in the system: there is a certain order things must be done 

• Filtering: when a person leaves the system/ is found innocent or released 

Criminal Justice process: 

Investigation- arrest- booking- charging- initial appearance 24-48 hours after arrest- preliminary hearing grand jury(when they plead not guilty to determine if there is evidence for a case, state only) - indictment information- arraignment- trial- sentencing- appeal (if rights were violated, only 20% win)- corrections- release

93% of people plead out

Week 1: What is Crime? 

Crime is a social construct: 

An act in which violation of a criminal law for which there is a punishment for

Consensus vs conflict perspectives 

Everyone/most agree a law should be in place vs there are many smaller groups of people, and the most powerful of those groups make the laws 

Ex: Crack vs Cocaine charges, laws about camping/sleeping outside 

Who is a criminal? 

Corpus delicti: body of the crime : something had to actually happen 

Actus reus: “Guilty act” : The person commit an act, or did not commit a mandatory act 

Mens rea: “guilty mind” : personal had a wrongful purpose when committing act: otherwise self defense, too young, or heavily coerced, 

Concurrence: “actus reus & mens rea concur”: 

Causation: link between the criminal act and harm caused: reasonableness standard- someone gets stabbed, does not go to the hospital, gets infected, dies, not stabbers fault 

Harm: negative impact to the victim or community 

Contemporary Issues 

Drug Legalization vs decriminalization

• Lesser sentences, but not fully legalized, restrictions on kinds/ amount 

Pros: 

• Economic growth 

• Regulation and quality control 

• Decrease in illegal trade

• Reduce stigma 

Cons: 

• Increase in drug use 

• Higher rate of drug related offenses 

• Drugs more accessible  

Sex Work

• Legalizing sex work would allow the industry to be safer, more regulated

Pros: 

• Safer working conditions 

• Full protection of the law 

• Decrease stigma 

• Economic growth 

• Personal choice 

Cons: 

• Human Trafficking 

• Violence 

• Exploitation 

Aid in Dying 

Pros: 

• Respect for autonomy 

• Relief of suffering 

Cons: 

• Normalizes suicide 

• Suicide contagion 

• Slippery slope 

• Depression in advanced illness 

Case Study: 

• Put a post online saying he was looking for someone to eat and kill 

• Victim agreed, on video, he said it was his dream 

• Ate the guys penis together before 

• Ate the guys body over the course of 10 months 

• Posted an ad online again, and got caught : sign he is high risk  

• 8 years of prison at first, then got a life sentence 

• Murderer had rough childhood, bisexual, liked hansel and gretel as a kid, schizoid personality  

• Murderer: Armin Meiwes

• Bernd Brandes: victim 

Week 2: What is criminology and victimology? 

• the scientific study of crime, physiology, biology, economics, forensics, sociology, anthropology 

• Why people commit crime

• Patterns of criminal behavior 

• Effects on society 

It differs from criminal justice because criminal justice strictly studies the criminal justice process, courts, ect. 

• How system interacts with individuals 

Criminological theory 

Classical theories- free will, cost vs benefit, fear of punishment, punishment must fit the crime 

Positivist/ biological theories- physical, mental, social, criminals are biologically different, science an treat criminality, (racist)

Psychological Theories- emphasize mental process, psychopath, sociopath, antisocial personality 

Sociological theories- social conditions, anomie, wealth, status, power, how you grew up  

Life Course Theories- Where does criminality start and stop?, criminality begins at an early age, turning points

Integrated Theories- combining multiple theories

Gender Theories- women commit less crime than men, moral offenders 

Case Study: Robert Telles 

• Former nevada politician 

• Murder of journalists jeff german in 2022

• Evidence against telles- same car, clothes, no alibi, dna under fingerprints 

• Pleaded not guilty - said he was framed 

• Found guilty of first degree murder by a jury 

• Sentenced to life in prison with the possibility of parole in 20 years 

Victimology

• Scientific study of the causes of victimization, its consequences, and how the criminal justice system accommodates and assists the victims 

• Before the 1950s, the main concern was how the victim contributed to their own victimization 

Terms

Victim precipitation: the extent to which a victim is responsible for their own victimization. 

Victim facilitation: when a victim unintentionally makes it easier for a offender to commit a crime 

Victim provocation: when a person does something that incites another person to commit a legal act 

Secondary Victims: victim who suffers indirectly

Cost of victimization: can be tangible, but also physical and mental  

• Recurring victimization: those who have been targeted are more likely to be targeted again

Main questions: 

Who is the victim?

What caused the victimization ?

What is the cost of the victimization?

Why might someone not come forward?

What resources are available?

How can victimization be prevented?

Victims rights movements began in 50s 

• Victims of crime act 1984 

• Victims bill of rights 1980 (wisconsin) 

• Victims rights and restitution act (1990) : victim has right to know status of the investigation 

• Violence Against Women Act (1994) 

• Crime victims rights act 2004: right to be reasonably protected from the accused 

Case Study: Brian Kohberger 

• Killed four college girls in idaho 

• Fired for behavior before crime happened 

• Victims not restrained, no sexual assault, home by 2, no break and entry 

• Lived in washington- crossed state lines so federal 

• Partial print left, found bc relative was in the system 

The Victims: Ethan Chapin, Madison Moen, Xana Kernodle, Kaylee Goncalves,

• Secondary victims: roommates, students, families of victims and offender 

Week 2: Worst Ex Ever 

Connect to criminology and victimology and turn in on blackboard

• Woman working and opening restaurant: she was always busy, didnt see anybody 

• Bought parents house 

• Would work ridiculous hours working for brokedge 

Jan 2006 

• Has a daughter chiara

• March 2006 her dad commit suicide, pushed back opening of resturant 

• Jerry: a cop and detective for da

• Helped with cameras, would do small things for her to make her life easier 

• Started going out 

• By 2007 they were dating 

• Family liked him, he was caring, a man to look up to, was happy for her 

• Family saw him as a potential protector for her 

• Chiara did not like jerry 

• Started coming back to her house, slowly built to it 

• Helped her through her dads suicide 

August 2008 

• Gets a call saying jerry was married with two kids 

• Lied about being detective and cop 

• She was mad and confronts him, he says they are still married bc she needed green card, and he denied accusations 

• She ends it with Jerry 

Friend interview 

• Said he had security company, went out even tho married and was ladies man 

• Knew about seemona 

• Told him he was a cop, undercover detective, sold the story with badge and knowing ppl 

• Said he was untrustworthy, would make him look bad 

• Seemona asked him to return keys

• Jerry shows up at back door asking to talk, she opens the door, he pushes her and duct tapes her mouth and hands

• Asks to get back together??

• Had gun. Threatened to kill himself 

• Pulled her downstairs, raped her, started crying begging her to not report it 

• He leaves, she locks the door and calls the cops 

• Rape kit was done

• Jerry was arrested, made bail, released 

Attorney 

• Seemona was able to testify well

• Family and friends asked her to drop charges 

May 21, 2010 

• Friend asked her to bring him food, on the way she was pulled over and arrested 

• Started to drive to long island 

• Asked if she had something to confess, she has no idea what they mean 

• Wouldn't tell her what she supposedly did 

• Asked if it was about jerry, she said no 

Marisia Velle 

• Police impersonation robbery cases 

• By the time she came, seemona was tired. 

• She is told what the case was, she told him about jerry and said she was set up 

• Marissa believed her, and is fs she did not do crimes in queens 

• She is taken to correctional facility, cannot make bail

Anthony

• Attorney for seemona

• Thought that jerry was trying to discredit seemona for case 

• Robbery, car stopped by a dark indian woman, and robbed 

• Happens twice

• Robber 3: similar one in nassau county, they had badges, was able to get full plate number

• Two victims recognized her 

• Robbing #3: seemona was 100 miles away, could not do robbery, was in casino 

• Security footage was grainy, said someone else could have made calls for her

• Looked for connections between victims and jerry, but call logs were denied by da  

• Friend said that seemona was going to call CPS, and jerry asked him to lie about seemona robbing him

• Family was giving up hope, seemona lost house and business, chiara was depressed 

• Mom kept hope 

• Friend confronts jerry and tells him to tell the truth or he would 

• Cop doesn't believe friend?? And arrest him for tampering 

• Seemona struggling mentally, she was sick 

• A new witness comes in, his new girlfriend tells cops that jerry set her up

• Had threatened families of the ppl helping him, or paid 20,000 dollars 

• Jerry was a confidential informant with nypd and knew how to make crimes look real 

• Seemona was released 

Jerry’s trial 

• Used witnesses to get information about actual crime

• Ex friend also testified 

• Seemona gave a detailed description of what happened, incredibly compelling 

• Sentenced to 32 years 

• Still claimed he was innocent 

• Seemona seeks case against police bc they would not believe her in the first place and knew jerry was involved 

• Nypd knew that jerry lied about being a cop 

• Seemona paid 2 million dollars 

Looking at this case from a criminological point of view, we know that because he was an informant he was involved with crime in the past, and that Jerry lied about being a cop. This also allowed him to design the story to seem realistic.

From a victimology perspective, we can see how seemona may have made it easier for her to be victimized, she allowed him into her life, and at the time of the rape her house. This led to not only her being victimized, but also had many secondary consequences in Seemonas life. Her family, house, and business were all affected. However, she was an an incredibly compelling witness and was a vital part of sentencing Jerry in the rape case.

Week 4: Policing

History of the Police 

Kin Police 

• People policed themselves 

• Watch groups formed 

• Was not very effective bc volunteer based 

Frankpledge System

• Tithings: groups of people policing 

• Shire Reeve: basically a sheriff

Colonial America

• Night watch: people at night waiting for criminals: not effective bc they drink 

• Slave patrols: people meant to capture escaped slaves: incredibly brutal 

London Metropolitan Police 

• Sir Robert Peel 

• First modern day police department 

Modern Police Departments

• Began to develop in 1840s 

• Three Characteristics

-limited authority-power defined law 

-local control-local gov provide police 

-fragmented organization- several agencies share responsibility 

- First fire department 

New york: 1845v 

St. Louis : 1846 

Chicao 1854 

LA - 1869 

1440-1920: The Political Era

• Government ran police department

• Paid people or bribed people to endorse people 

• Cops bribed to ignore prostitution and gambling 

1920-1970: The Professional Era  

• Officers needed to be well trained and organized, keep up with new tech 

• Promotions needed to be based on merit 

• Main task should be fighting crime 

• Came from progressive era 

• Meant to de-politice police 

1970- present : The Community Era 

• Focused on forming positive relationships between community and police 

• People work same routes to get to know people better

3 elements

• Partnerships with law enforcement and the community 

• Proactive problem solving 

• Organizational change : THEY HAVE TO ACTUALLY CHANGE

Problem Oriented Policing

• What are the problems in the community and how can they be solved?

• “Hot Spots” 

• Three most effective areas of problem oriented policing 

- Reducing crime in places at elevated risk

- improving relationships with the community 

- solving more serious crime 

• SARA: scanning, (what is happening and how does it impact community ) Analysis(find cause) response, assessment (see if it worked) 

Who are the Police? 

• Government department whose main concerns are public order, public safety, law enforcement 

• Policy academy 

Demographics

• 12% female 

• 71% white 

• 13% black 

• 17% hispanic 

• Average age is 40 

• For every dollar a male police officer makes, a female one makes .75 cents 

Women in Policing

• 30 x 30 initiative, hoping for 30% of police to be women by end of 2025 

• Female police officers are more likely to use lethal force, seen as more compassionate 

• Issues: Maternity leave, sexual assault and discrimination complaints

Race in Policing

• Officers of color in 1870s

• First female of color- Georgia Ann Robinson 1916

• BLM Effects: isolated black officers because of understanding protesters and ideas of other cops and family 

• Black Shield Organization 

• Female officers of color discriminated against the most 

• Issues; racism: harassment: harsher discipline 

Police Organization 

Uniformed officer - detective- sergeant- FIND IT 

Police Services and Productivity 

• Reactive - acting in response ; only 30 % of calls need police  

• Proactive- acting in anticipation 

• Incident-driven policing

• Differential response system assigns priority to cases 

• Compstat - police management system to keep track of productivity 

• Clearance Rate: Percent of crimes known to have been solved by arrest 

• Encourages arresting when not needed 

Police Subculture 

• Secrecy: encourages hiding crime in department

• Solidarity: If an officer does something that is questioned, they should stand together 

• Social Isolation: Them vs Us mentality (police are above general public) 

• Working Personality: policing attracts certain personality type, more cynical, more brave, stronger morality 

• When new recruits come in, they are socialized into this subculture 

Job Stress

• Top to 10 stressful job in US, #1 dangerous job in US (changes) 

• In constant danger, see terrible things, injuries 

• Law enforcement suicide rate very high (200 a year) 

Issues and Challenges

• Discretion: choosing how and when to exercise the law: use personal ideas when doing job

• Things officers take into account 

• Nature of the crime 

• Relationships between offender and victim 

• Offender history 

• Departmental policy 

• EX: Domestic Abuse cases: decide if both parties need to be arrested, or if they can be just separated

Abuse of Power

• Excessive use of force 

• Corruption 

-”grass eaters” : take personal bribes during job 

-”meat eaters” : actively use power for personal gain 

• internal affairs unit 

• civilian review boards : used when community believes department is corrupt 

• Civil liability boards

• Qualified Immunity: can not be legally liable from constitutional law suits if actions are not DIRECTLY unlawful, precedent must exist

Case Study: Kisela vs Huges April 2, 2018 

• Got a call about women behaving erratically with a knife 

• Amy Huges was standing in a yard holding a large knife near her roomate 

• Huges did not comply with orders to drop the knife 

• Kiseal, fearing for Chadwik’s safety, SHOT HUGES 4 TIMES through a fence 

• Huges survived and sued 

• Supreme Court held that Kisela did NOT violate clearly established law, meaning he was entitled to qualified immunity, no precedent for this VERY SPECIFIC situation 

• 9th circuit of courts: agreed rights been violated 

• Supreme Court: undid this, said that no law was precedent, and that the situation was “far from obvious” and defended his actions saying he had to make a quick decision

• SARA: scanning, (what is happening and how does it impact community ) Analysis(find cause) response, assessment (see if it worked) 

S: Robbery,  people’s homes being broken into. 

A: lack of policing, lack of street lights/ cameras, look for patterns in MO, look for witnesses 

R: Police area more heavily to prevent robberies 

A: We will see if it works :) Any new issues? 

2/6 Discussion Posts

Emmet County Sheriff plans to roll out new app to enhance community policing strategies

As an effort to increase community policing strategies, the Emmet County Police Department plans to release an app which allows the sheriff to communicate with community members on a mass scale. It allows people to report crime, tips, and gives announcements when events such as press conferences are taking place. This app also has a feature in which it records all the arrests taken place in a day, creating an arrest roster. This is helpful to the community, as it allows its members to identify what issues their officers are focusing on and what people are being arrested for. This connects to the strategy of community policing that we discussed in class.  It adds a sense of transparency between the police and community, increasing the trust people have in the police force. The app highlights the efforts made to increase community involvement in policing seen in the main goals of community policing, pointing out the reliance the police have on the community in order to prevent and solve crime. This could also be seen as problem oriented policing, as the app would allow community members to identify issues in their neighborhoods and point out crime hot spots, working with the community to solve these issues in a preventative way rather than reactive. 

PlainView Doctrine- Jones v Georgia 

• Carl jones suspected of shooting death of john jones 

• Carl shot john outside his friends apartment complex 

• Witnesses identified carl as the shooter 

• Police obtained a warrant to arrest 

• Police entered his backyard and found evidence of the murder 

• Carl was convinced 

• Carl appealed his case to the georgia supreme court 

• Court upheld the decision due to the Plain View Doctrine 

Stops 

• Stop: temporary detention of a persona for questioning or investigation based on reasonable suspicion 

• Stop and frisk: officers may lawfully pat down the clothing of someone when they have reasonable suspicion that person is involved in criminal activity 

• People of color are stop and frisked significantly more

• In Dc 72% of stops were black people, only .8 led to a seizure of a weapon 

• 86% of innocent were black 

• 2013- new york stop and frisk policy determined illegal, but overturned 

More exceptions 

• Exigent circumstances- an arrest, search, or seizure can be made without a warrant when there is immediate threat to public safety or evidence may be destroyed 

• Public Safety exception- an officer can question a suspect in custody without giving them their miranda rights if they feel as though taking the time to do so would jeopardize public safety 

Exclusionary Rule

• evidence obtained in violation of the court is inadmissible in court 

• Fruit of the Poisonous Tree Doctrine - evidence obtained in violation of ANY laws is inadmissible in court 

Exceptions

1. Good Faith exception: officers had a reasonable belief they were acting legally 

2. Inevitable Discovery Rule- evidence would have eventually been discovered in routine investigation 

Week 6 : Courts 

Courts in the United States of America 

• Dual Court system 

- Federal and state 

• adversarial process- attorneys for both sides and argue against evidence to find the truth 

• Representative must have qualifications and have clients best interest in mind

Trial Courts of limited Jurisdiction

• State level (municipal courts, magistrate courts, justice of the peace courts) 

• Minor criminal cases, small claims, and misdemeanors 

• Federal level (US Magistrate Courts) 

• Preliminary matters like posting bail and minor federal offenses 

Trial Courts of General Jurisdiction 

• State level(district courts, superior courts, circuit courts) 

• Felony criminal cases, major civil cases, family law cases, appeals from limited jurisdiction courts 

• Federal (US District Courts) 

• Major federal and civil cases 

Appellate Courts 

• State level

• Intermediate and appellate courts 

• State supreme court

• Federal Level

• US Circuit court of appeals

• US Supreme Court : cases have to involve federal law or US constitution 

Problem Solving Courts 

• Focus on a specific offense or type of person committing a crime 

• Two goals: case management, therapeutic jurisprudence

• Shown to be successful 

• Focused on helping people 

• Judge works with others to focus on WHY someone is commiting a crime 

• Supposed to be a more holistic rehabilitation 

• Recovery courts, veterans treatment courts

Judges

• Who are judges: law degree- pass bar- legal experience 

• Selected through a variety of ways 

• Merit, legislative selection, gubernatorial appointment, nonpartisan election, partisan election 

• Three roles

• Adjudicator- decision maker 

• Negotiator-settle behind the scenes 

• Administrator- manage the courthouse 

Prosecutors 

• Law degree- pass bar 

• District attorney (local level), attorneys general (state level), US attorneys

• Represent the government in a criminal case 

• Main duties: investigating cases, determining charges, plea bargaining, trial advocacy, ensuring justice 

• Tend to side with law enforcement 

Defense Attorney

• Law degree- pass bar 

• Represent the accused defendants and convicted offenders 

• Assigned: defend indigent defendants:  public defender, assigned counsel, contract counsel 

• Hired: handle fewer cases, personalized legal strategies, more access to resources 

• Main roles: represent their clients, protect their clients’ rights 

• Difficulties of the Job: emotional  involvement, can be difficult if attorney knows client is guilty

Example Cases

Casey Anthony: accused of murdering 2 year old daughter, did not report it but claimed nanny kidnapped her, prosecution relied on circumstantial evidence, and was found not guilty, she had very high profile lawyers 

OJ Simpson: Accused of murdering ex wife and her friend, history of domestic violence and found blood in victims car, defense focused on police misconduct, claimed planting evidence and made racist remarks, asked to try on bloody glove, and created reasonable doubt, got acquitted 

The Central Park Five: black and latino teenagers were arrested and forced to confess to a rape, unjustly convicted and later when the rapist confessed they were released, they had an overworked public defender 

Week 6 Discussion Board: 

Courting success: Johnson County Problem-Solving Courts celebrate graduates - Daily Journal

On February 3rd Johnson County drug court participants celebrated their graduation. During the ceremony many of the participants shared their stories of how drug court impacted their lives. One man named John Smith gave a testament of the support he received during his time in court from the judge and his team members, thanking them for giving him and his case the individual time and care he needed.  Another graduate, Drew Waston, shared that his drinking problem arose from finding a sense of community, and that the court addressed this issue by helping find community elsewhere such as joining clubs and participating in outdoor activities Others shared how the court helped them secure a home, mend relationships with their family, and regain confidence.The article discusses the intensive process that comes with drug court, including weekly meetings with a probation officer, judge, and therapist while also attending a self help group three times a week. It also discusses the need for the problem solving court, highlighting the pattern of commiting crime,going to jail, getting out, relapsing, and going back to jail. We discussed this issue in class, and it gives reason to why drug court is effective in ending this cycle. The experience of these graduates demonstrates the impact of problem solving courts and exemplifies the more holistic approaches the court takes to understand why someone commits a crime and address those underlying issues. 

Week 6 : Trial 

1. Jury selection

Number of Jurors: 12 in criminal trials, 6 in civil trials 

Challenge for a cause: Juror can be excused and not used with valid cause against them from attorney, can be done unlimited times  EX: they are a police officer

Prempatory challenge: excuse a juror without giving a room, Ex: could look unsympathetic, but there are limited times 

Voir dire process: Judge and attorney ask questions making sure the people can be unbiased and honest, and if they have something preventing them from attending  

2. Opening Statements 

3. Presentation of prosecutors evidence 

Evidence 

Read Evidence: real physical evidence, murder weapon, finger prints, tire track 

Demonstrative evidence: any information relevant to the crime, ex: map of the crime scene

Testimony: oral evidence from a witness 

Lay witness: saw crime happen, unreliable 

Expert Witness: specialist in a certain field

Character witness: someone that knows defendant or victim or is relevant to the case 

Direct evidence- eyewitness accounts 

Circumstantial evidence- infer 

If not enough evidence, trial is ended 

4. Presentation of attorneys evidence

Defense, alibi, insanity, decides if defendant will testify 

5. Presentation of rebuttal witnesses 

6. Closing statements 

Concluding arguments 

7. Instruction to the jury 

They tell the jury what their job is, what the consequences of this case are

8. Jury decision 

Taken into private room, can review evidence 

Hung jury: no decision, judge must decide to retry or dismiss case 

Case Study: Mark Chavez, matthew perry's doctor 

Sold ketamine to another doctor, who then sold it to perry 

Pleaded guilty to conspiring to distribute ketamine 

Pleas is up to 10 yrs in prison 

No longer allowed to practice medicine 

Pretrial 

Pretrial detention: held in jail or detention before trial 

Bail: Pay a certain sum of money that is decided by the judge paid to be released pre trial 

Set 24-48 hrs after arrest 

Bail can be returned if accused makes all appearances or charges are dropped 

Can pay through bail bondsman 

• Put up money for you, but for a sharp fee 

Release of recognizance: defendant promises to appear in court, do they have a record, a stable job, what is the crime, will they reoffend? 

Very different state to state 

We do not have a constitutional right to bail, it does not have tobe given 

8th amendment: protects against bail being set to expensive 

Some states are implementing income based bail 

Controversies with Bail 

• Ability to go home depends on access to money  (poverty penalty) (wealth based incarceration) 

•  61% of cases cannot afford pail (punishment before the punishment) average 23 days 

• Goes against innocent until proven guilty in 8th amendment 

• 71% of people in jail are waiting trial, 60% because they cannot afford bail 

• People sit in jail for months or years: Interrupts people's lives, can't work, hard to meet with the lawyer 

• 6th amendment: right to a speedy trial

Opposite

• Believe that no one should be released from jail 

• 10% of offenders reoffend on bond 

Kalief Browder

• Arrested 2010 when 16 for stealing a backpack 

• Did not plead guilty 

• Family couldn't afford bail 

• Spend three years in jail pre-trial 

• - experienced extreme abuse and solitary confinement 

• Chargers were dropped 

• Released, and then ended his life  

• Family got 3.3 million dollar settlement 

Plea Bargaining

98% of federal cases and 95% of state cases are closed before trial 

Waive rights: to take a plea you have to waive alot of rights 

Innocent pleading guilty

25% of people who were innocent took a plea 

85% of people who were innocent and took a plea were black 

• Alford please: 

Coercion: prosecutors try to scare people into taking a plea 

Other side: people who commit crimes are getting less punishment than they should, causes discrepancies in sentencing and charges 

Case Study: George Alverez 

Charged with assaulting a prison guard while awaiting trial for public intoxication 

Was innocent: the guard actually jumped him 

Charged with assaulting a peace officer: 10 yr mandatory minimum 

Took a plea of 6 months in a drug treatment program 

Four years later, video evidence was released and proved he was innocent 

Week 7 : What is Crime? (fr this time)

Offenses

Major Crimes 

Criminal Homicide

1st degree- intentional 

2nd- during a felony ) life in prison w/o parole, accomplice can also be charged 

3rd- everything else 

Voluntary manslaughter: passion and provocation) 20 yrs  

Involuntary manslaughter: reckless and negligent ) max  5 yrs 

Robbery: taking someone's property through threat or use of force or weapon 

Burglary: entering a building or vehicle with the intent to commit a theft or felony 

Theft: taking someone's property without their consent 

Petty theft is under 950 

Larceny: taking someone's physical property without their consent 

Disorderly Conduct: fake and stupid 

• Anything that disturbs the peace 

• Used to arrest protesters often 

• The discretionary law determines if the charge is placed and if it sticks 

Types of Crime 

Visible Crime 

• Crimes committed in public and easily observable 

• Violent crime: acts against people which result in death or physical injury 

• Murder non negligent manslaugher, forcible rape, robbery, aggravated assault 

• Property crime- acts that threaten property held by individuals or by the state w/o use of threat or violence: burglary, larceny/theft, motor vehicle theft, arson 

• Public order crime: considered illegal because they conflict with social policy, moral rules, and or public opinion: usually a misdemeanor 

Occupational Crime 

• Offenses committed through opportunities created in legal business or occupation 

• Type of white collar crime 

• Most are never found or committed 

Organized Crime 

• A structured group that makes a profit through illegal activities and survives through the use of force, threats, and corruption 

• Prostitution, money laundering, drugs 

• Can span over states

Transnational Crime 

• Crime whos planning or execution crosses the borders of countries 

• Provision of illicit goods: counterfeit goods, drug trafficking 

• Provision of illegal services: child porn, human trafficking 

• Infiltration of business or government: money laundering

• Human Trafficking: forced to work

• Sex Trafficking: taken through borders and imprisoned while being forced to sell body for captors benefit 

Victimless Crimes 

• willing/consenting legal offenses where no one is an identifiable victim 

• Sex work, drug use, piracy, traffic offenses 

Political Crime 

• Criminal acts committed, usually for an ideological purpose, that are considered a threat against the state 

• Criminal acts committed by the state 

• Treason, terrorism 

Cybercrime 

• The use of computers and the internet to commit acts against people, property, public order 

How much crime is there? 

• Crime is decreasing 

• Dark figure of crime : unreported crime 

• UCR, NCVS, NIBRS 

UCR Uniform Crime Report 

• Annually published statistical summary of crimes reported to the police based on voluntary reports to the FBI by local, state, and federal law enforcement agencies

• 29 crimes 

•  age, race, gender collected for part 1 crimes (more serious) 

NIBRS National Incident Based Reporting System 

• Replaced UCR in 2021 

• 46 crimes in 22 categories 

• Police must provide all information about the crime (victim, offender, property) 

• So specific they could study the effect of the moon 

NCVS National Crime Victimization Survey 

• Bi-annual survey of a sample of households to ask questions regarding their victimization 

• Attempt to examine the dark figure of crime 

• Non-fatal crimes 

In class Activity 

What is found, why they did it, why is it  important 

Did Criminal Activity Increase during the 1980s? Comparisons across Data Sources on JSTOR 

This study analyzes crime reports in the 1980s. It was found that there were discrepancies between the amount of crime reported through the UCR and the amount of personal victimization reported through the NCVS. It was found that crime may have been over-reported in some areas by the police providing information. This is important because it demonstrates the issues with the UCR, and gives reason to why it was later replaced with the NIBRS. 

Mastermind of 9/11 case study CIA violence 

Concurrence: both guilty mind and act 

Definitions of international - effects other countries (terrorism, genocide)   and transnational crimes - cross borders (drugs, commerce, sex trafficking) 

Female officers are less likely to use force 

CompSat; frequent meetings between officers and their superiors

Types of patrol 

Qualified immunity 

Criminogenic: born criminal 

Procedural law: who does it protect? 

6 principles of crime 

Fruit of the poisonous tree doctrine: evidence taken illegally is dismissible 

Important statistics