exam 1 soc 1003

Chapter 1: Overview of the Criminal Justice System

• Terms to Know

  • Recidivism: A person's relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime

  • High-risk: the most likely to reoffend

  • Low-risk: relatively low probability of reoffending

  • Offender: A person who is guilty of a crime

  • Victim: Someone who has been hurt, damaged, killed, or has suffered

• What is crime?

  • Mala in se: done with ill intentions, moral crime. Murder, rape, etc.

  • Mala prohibita: wrong because its prohibited. Speeding, jaywalking, etc. 

• Three Goals of the Criminal Justice System

  • Justice

  • Crime Control

  • Crime Prevention

• Evidence Based Practices

  • The use of skills, techniques, and strategies that we know work because they have been thoroughly researched and demonstrated by evidence

  • Reduces bias

  • As society evolves, these practices need to evolve as well

• Federal vs. State Governments

  • Federalism

  • Federal Government:

    • Laws created by congress

    • Typically issues that cross state lines

    • District courts, courts of appeal, trial courts, US Supreme Court

    • Federal Prisons

  • State Government:

    • Legislature

    • Wide range of issues

    • State courts, appellate courts, and state Supreme Court

    • State prisons or jails

  • Jurisdiction issues

• Subsystems

  • Law Enforcement

    • Police

    • Sheriffs

    • State police/highway patrol

    • Wildlife and game wardens

    • Federal agencies

  • Corrections

    • Jails

    • Prisons

    • Intermediate sanctions

  • Courts

    • State courts

    • Appellate courts

    • Supreme courts

• Characteristics of the Subsystems

  • Discretion: fine line with discrimination, public intoxication 

  • Resource dependence: funding

  • Subsequent tasks: each entity follows specific ways to do things

  • Filtering: filtering in and out of the system

• Criminal Justice Process

  • Investigation → Arrest→ booking →

  • Charging → initial appearance → preliminary hearing/grand jury → indictment/information →

  • Arraignment → trial → sentencing → appeal →

  • Corrections → release

• Felony vs misdemeanor

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

  • Misdemeanors: less serious offenses usually punishable by incarceration of no more than one year in jail, probation, or intermediate sanctions

Chapter 2: Criminology and Victimology

• What is crime?

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

  • Types

    • Mala in se - “evil in itself”

    • Mala prohibita - “evil because it is prohibited”

  • Consensus vs. Conflict Perspectives

• Who is a criminal?

  • Corpus delicti - “body of the crime” → actus reus - “guilty act” → mens rea - “guilty mind” → concurrence - actus reus & mens rea concur → causation - link between the criminal act and harm caused to a reasonableness standard → harm- negative impact to the victim or community

• Drug Legalization

  • Pros: economic growth, regulation and quality control, decrease in illegal trade, reduce stigma

  • Cons: increase in drug use, higher rates of drug related offenses, drugs more accessible

• Sex Work

  • 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, safe medical practice

  • Cons: normalizes suicide, suicide contagion, slippery slope, depression in advanced illness

• What is criminology?

  • The scientific study of crime

  • Why people commit crime

  • Patterns of criminal behavior

  • Effect on society

  • Interdisciplinary

• How does criminology differ from criminal justice?

  • Criminology → crime, how society interacts with the law, psychology, influenced by sociology, research and policy development

  • Criminal justice → the legal system of justice, how one person interacts with the law, enforcing the law, systems determine the fate of criminals

• Criminological Theory

  • Classical Theories

    • Free will, cost vs. benefit, fear of punishment, punishment must fir the crime

  • positivist/biological theories

    • Physical, mental, social, criminals are biologically different

    • Science can treat criminality

  • Psychological theories

    • Emphasizes mental processes

    • Psychopath, sociopath, antisocial personality

  • Sociological theories

    • Social conditions, anomie

  • 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 (rising), moral offenders

• What is victimology

  • Branch of criminology

  • 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

• Victimology 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 an offender to commit a crime

  • Victim provocation - when a person does something that incites another person to commit an illegal act

  • Secondary victim - victim who suffers harm indirectly

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

• Main questions in victimology

  • Who is the victim(s)?

  • 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?

• In the 1970s, victims rights movement began

Chapter 3

• Amendments 

  • Changes to laws or constitutions

  • Bill of rights - first ten amendments

  • 4th - unreasonable search and seizure, 5th - self-incrimination, 6th - speedy and public trial, 8th - cruel unusual punishment, 10th - powers reserved to states, 13th - abolition of slavery, 14th - due process, equal protection, privileges of citizens

• Miranda Warning

  • “You have the right to remain silent. Anything you say can and will be used against you in a court of law, you have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you> With these rights in mind, do you wish to speak to me?

• Criminal law vs civil law

  • Civil law: non-criminal matters regarding people, things, and relationships

  • Criminal law: concerned with crimes and punishment of people who commit crime

    • Substantive: what constitutes the crime and what the punishment is

      • Felong, misdemeanor, civil infraction

    • Procedural: how the laws will be enforced

    • Includes inchoate and incomplete offenses

• Seven principles of criminal law

  • Legality - there must be a law that defines the action as a crime

  • Actus reus - an act has been committed FIRST PILLAR NEEDED FOR PROSECUTION

  • Causation - the act caused the harm

  • Harm - the act caused harm

  • Concurrence - the intent and the act must be present at the same time

  • Mens rea - the act is only a crime when it is during a guilty state of mind SECOND PILLAR NEEDED FOR PROSECUTION

  • Punishment - there must be a punishment for those found guilty

• Criminal Defenses

  • Self defense: belief they are in immediate danger and may ward off the attack

  • Necessity: break the law to save themselves or prevent greater harm

  • Duress (Coercion): commits a law when coerced by another

  • Entrapment: Government agents caused the person to commit the offense

  • Infancy (immaturity): children under age 7

  • Mistake of fact: mistake based on a crucial act

  • Intoxication: intoxication lacking intent

  • Insanity: mental illness prevented intent

    • M’Naghten Rule: didn’t know what they were doing and/or that it was wrong

    • Irresistible impulse test: could not control their conduct

    • Durham rule: criminal act was caused by mental illness

    • Model penal code’s substantial capacity test: lacks substantial capacity to appreciate the wrongfulness of their conduct or to control it

    • Comprehensive crime control act: lacks capacity to appreciate the wrongfulness of their conduct

Chapter 4, 5, 6: Policing

• History of the Police

  • Kin Police and Watch Groups

  • Frankpledge System

    • Tithings - groups of 10

    • Shire reeve - groups of 100 led by reeve

  • Colonial America

    • Night watch

    • Sheriffs

    • Slave patrols (paddyrollers): 1700s

  • London Metropolitan Police

    • First modern day police department

  • Police agencies began to develop in the 1840s

  • Three characteristics

    • Limited police authority - power defined by law

    • Local control - local governments provide police

    • Fragmented organization - several agencies share responsibility

  • First departments in US

    • NYPD (1845)

    • St. Louis Metropolitan Police Department (1846)

    • Chicago Police Department (1854)

    • Los Angeles Police Department (1869)

  • Eras

    • 1840-1920: The Political Era

      • Sheriff

      • US Marshalls

    • 1920-1970: The Professional Model Era

      • No politics

      • Well-trained, disciplined, and tightly organized

      • Equal law enforcement

      • Technology

      • Merit

      • Fighting crime

    • 1970-present: The Community Policing Era

      • Community policing

      • Problem-oriented policing

  • Community Policing

    • Forging relationships with the community

    • Three elements

      • Partnerships with law enforcement and the community

      • Proactive problem solving

      • Organizational change

  • Problem-Oriented Policing

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

    • “Hot spots” - an area with more crime than the areas around it

    • 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, analysis, response, assessment

• Who are the police?

  • Government department

    • Public order

    • Public safety

    • Law enforcement

  • Police academy

  • Women in Policing

    • First female officer - Lola Baldwin (1905)

    • Research

      • Less likely to use force

      • Viewed as more honest and compassionate

      • 30x30 initiative

      • Issues

        • Seuxal harassment

        • Discrimination

        • Family

  • Race in Policing

    • Officers of colors since the 1870s

      • First female officer of color - Georgia Ann Robinson (1916)

    • Issues

      • Racism

      • Harassment

      • Harsher discipline

• Police organization

  • Uniformed officer → detective → sergeant → lieutenant → captain

• Police services and productivity

  • Reactive vs proactive policing

  • Incident driven policing

  • Differential response system - assigns different priority to cases

  • Compstat - police management system to keep track of productivity

  • Clearance rate - percent of crimes known to have been solved by arrest

• Police Subculture

  • Solidarity, secrecy, social isolation

  • Subculture - the symbols, beliefs, values, and attitudes shared by members of a subgroup within the larger society

    • Secrecy

    • Solidarity

    • Social isolation

    • Working personality

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

• Patrol

  • Preventative patrol

  • Directed patrol

  • Foot patrol

  • Aggressive 

• Job Stress

  • Danger, trauma, public criticism, injuries, sleep deprivation, sad situations

• Discretion

  • Choosing how and when to exercise the law

  • Things officers take into account

    • Nature of the crime

    • Relationship between offender and victim

    • Offender history

    • Departmental policy

• Abuse of Power

  • Excessive use of force

  • Corruption

    • “Grass eaters” - when officers accept personal bribes. Don’t actively seek out bribes

    • “Meat eaters” - who actively use their power for personal gain. Look for bribes

  • Internal affairs unit

  • Civilian review boards

  • Civil liability lawsuits

  • Qualified immunity - legal standards weren’t clear enough that the action was unlawful while they were on the job

2/19/25

• Search and seizure

  • Search: finding and examining evidence

    • Reasonable expectation of privacy

    • Reasonable suspicion: legal standard in which an officer has objectively justifiable suspicion a crime has occured and requires further investigation

    • Plain view doctrine: examine evidence without a warrant when it is in plain view

    • Automobile exception: police do not need a warrant for a vehicle if there is probably cause that it may contain evidence, drugs, or stolen property

    • Hot pursuit: police may enter a home without a warrant when pusuing a suspect, stopping violence, or preserving evidence

  • Seizure: police removal of property following unlawful activity or to satisfy a judgement by the court

• Stops

  • Stop: temporary detention of a person 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

• 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: police can question a suspect in custody without giving them their miranda warning if they feel as though taking the time to do so would jeopardize public safety

• Exclusionary Rule

  • Evidence obtained in violation of the constitution is inadmissible in court

  • “Fruit of the poisonous tree” doctrine: evidence obtained in violation of any law is inadmissible in court

  • Exceptions

    • Good faith exception: officers had a reasonable belief they were acting legally

    • Inevitable discovery rule: evidence would have eventually been discovered in a routine investigation

• Courts and Adjudication

  • Courts in the USA

    • Dual court system

      • Federal 

      • State 

    • Adversarial process

      • Attorneys for both sides who produce and argue against evidence to find the truth

  • Court structure

    • 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 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

      • Federal level (US district courts)

        • Major federal and civil cases

    • Appellate courts

      • State level

        • Intermediate appellate courts

        • State supreme court

      • Federal level

        • US circuit court of appeals

        • US supreme court

  • 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

• 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 (federal level)

  • 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 Attorneys

  • Law degree → pass bar (specialized in criminal law)

  • Represent the accused defendants and convicted offenders

  • 6th amendment → right to an attorney

  • Assigned

    • 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

Week 6: Trial

• Trial process

  • Jury selection

    • Number of jurors: 12 in criminal trials, 6 in civil trials

    • Challenge for cause

    • Peremptory challenge

    • Voir dire process

  • Opening statements

  • Presentation of prosecutor’s evidence

    • Real evidence

      • physical

    • Demonstrative evidence

      • Relevant evidence

    • Testimony

      • Oral evidence from a witness

        • Lay witness

        • Expert witness

        • Character witness

      • Direct evidence - eyewitness accounts

      • Circumstantial evidence - infer

  • Presentation of defense’s evidence

  • Presentation of rebuttal witnesses

  • Closing arguments

  • Instruction to the jury

  • Jury decision

• Pretrial

  • Pretrial detention

    • Held in jail or detention before trial

  • Bail

    • A sum of money, decided by the judge, an accused person pays to be released pre-trial

      • Determined within 24-48 hours after arrest

    • If charges are dropped, bond is paid in cash, and you make all court appearances

    • Bail bondsman and bail bond companies

      • Put up the money for a fee

    • No constitutional right to bail

    • Controversies with bail

      • “wealth-based incarceration” “poverty penalty”

    • 70% of people in jails are awaiting trial

    • 60% of jails are people who can’t afford bail

    • Unconstitutional?

  • Release on recognizance

    • Defendants promise to appear

• Plea Bargaining

  • Waive rights

  • Innocent pleading guilty

    • Alford pleas

  • Coercion