criminology midterm

Crime in the US

Definition of criminology

• Criminology is the study of crime, criminal behavior, and the criminal justice system. It includes the analysis of causes, effects, prevention, and the societal responses to crime. Criminologists try to understand patterns and trends in crime and offer solutions for criminal justice reform.

(Legal) Definition of a crime

• A crime is any act or the commission of a result prohibited by a public law and punishable by a fine, imprisonment, or other sanctions. For an act to be considered a crime, it must violate laws that are established by a government and recognized by society as harmful or dangerous.

Washington State - RCW

• The revised code of Washington is a collection of all laws and statutes in Washington State. This is important for understanding legal definitions of crimes in the state of Washington, how criminal cases are handled, and what penalties apply.

Crime data

UCR- (uniform crime reporting)

• A nationwide program administered by the FBI that collects data from law enforcement agencies across the country. The UCR tracks crime rates, reporting on categories like violent crime (murder, robbery, assault) and property crime (burglary, larceny-theft).

NCVS- (national crime victimization survey)

• A survey conducted by the Bureau of Justice Statistics that collects data from a nationally representative sample of households about their experiences with crime, whether reported to the police or not. It helps measure the "dark figure" of crime (unreported crime).

Clearance Rate

• The proportion of reported crimes that have been "cleared" or solved by arrest or other legal action.

Comparative Results (general idea)

• Comparative results analyze crime data from different places or times. For example, comparing crime rates between cities or looking at trends over decades.

Defining and Deconstructing Crime

What should be a crime?

• This is a philosophical and sociological question. What should be classified as a crime depends on various factors, including societal values, cultural norms, and political agendas. Some behaviors that harm people or society may not be criminalized, while others that don't harm may be.

(Ideal) Definition of crime (based on Reiman and Leighton)

• Reiman and Leighton argue that crime is not just an action that harms individuals, but rather it is a social construct influenced by political and economic powers. In an ideal society, crime should be defined by the harm it causes to people rather than political interests.

• Crime as a social construct, shaped by power dynamics and not just based on harm or wrongdoing.

Two types of errors when applying ideal definition

• Over-criminalization: When behaviors that may not be harmful are criminalized (eg. minor drug possesion laws)

• Under-criminalization: When harmful behaviors are not classified as crimes due to social or political influence (eg. corporate crimes or environmental harms)

Four arguments about white collar vs. street level crime

• social harm- White-collar crimes (fraud, embezzlement) can cause significant harm to individuals and society but are often underpunished compared to street-level crime.

• legal status- White-collar crimes may not always be recognized as "crimes" or may be penalized more leniently because of the offender's social status.

• visibility and power of offenders- Street-level crimes are more visible, often committed by disadvantaged individuals, while white-collar crimes are committed by more powerful groups, like corporations or government officials.

• disproportionate focus on street-level crime- Media and law enforcement tend to focus on street-level crimes, often at the expense of white-collar crimes that might be harder to detect.

Criminal Intent

Definition

• The mental state of the defendant at the time of committing the crime. It means the person must have intended to commit a criminal act.

Degrees of intent and varying punishments

• Specific intent: A clear intention to commit a particular crime.

• General intent: The individual intends to commit an act but may not specifically intend the criminal outcome.

• Recklessness: Awareness of a risk that harm will result but proceeding anyway.

• Negligence: Failing to be aware of a risk where a reasonable person would have been.

• Varying Punishments: The level of intent affects the severity of punishment. Crimes with specific intent typically lead to harsher penalties than those based on recklessness or negligence.

Legislative Bias

• Laws may be created or enforced in ways that disproportionately affect certain groups in society, often based on race, class, or other factors. For example, some laws may be stricter on certain populations, leading to systemic inequalities.

Magnitude of Harm

• Some crimes cause more damage than others (e.g., murder vs. theft). The seriousness of the harm caused by the crime affects its legal definition and the severity of the punishment.

Intent

• criminal intent is essential to determine the defendant’s guilt and the degree of punishment.

Legislative Inaction

• When lawmakers fail to address certain harmful behaviors due to social, political, or economic interests (eg. not criminalizing corporate environmental violations)

Policing

Robert Peel’s Principles

• 9 principles that emphasize the need for police to work with the community, prevent crime, and maintain public trust. Key ideas include the importance of community cooperation and the idea that the police are the public and the public are the police.

Four Levels of Policing

• Local: Municipal police departments responsible for city-level crime.

• State: State police or highway patrol enforce state laws and investigate state-level crimes.

• Federal: Agencies like the FBI investigate federal crimes.

• Tribal: Police responsible for enforcing laws on Native American reservations.

Four Functions of Police

• Law enforcement: Enforcing laws by investigating and apprehending offenders.

• Crime prevention: Taking steps to prevent crime before it happens, through patrols, community involvement, etc.

• Maintaining order: Keeping public peace, managing protests, and responding to disturbances.

• Providing services: Responding to emergencies, providing support during accidents or natural disasters, etc.

Discretion in policing

• Police officers often have the discretion to decide how to act in specific situations, such as whether to make an arrest or issue a warning. This discretion can be influenced by various factors, such as personal judgment or department policies.

Legal Restrictions on Policing

Search and Seizure and Levels of Proof

• The Fourth Amendment limits police searches to protect citizens from unreasonable searches and seizures.

•  Police need reasonable suspicion or probable cause to initiate searches or arrests. Probable cause is required for arrest, while reasonable suspicion may be enough for brief detentions or searches.

Warrantless searches

• Searches conducted without a warrant, which are only allowed in specific circumstances (e.g., exigent circumstances or consent).

Miranda Warning

• The requirement that suspects be informed of their rights, including the right to remain silent and the right to an attorney.

Exclusionary Rule and exceptions

• Evidence obtained illegally cannot be used in court, with some exceptions.

Use of Force

• Police use of force must be reasonable and necessary, based on the threat posed by the situation.

Graham v. Conner 1989

• This Supreme Court decision established that police use of force should be evaluated based on whether it was "objectively reasonable" given the circumstances.

Departmental Regulations

• These are internal policies that guide how police officers should perform their duties and handle specific situations (e.g., use of force policies, conduct codes).

Misconduct and biases 

• Police misconduct involves illegal or unethical actions by police officers, such as excessive force, racial profiling, or corruption. Bias can be both implicit and explicit, leading to unfair treatment of certain groups.

Definition of Racism

Reiman and Leighton lit review

• They highlight how the criminal justice system is influenced by power structures, and how bias in policing perpetuates inequality.

Causes of police bias

•  Institutional racism, societal stereotypes, lack of diversity within departments.

Reforming the Police

• Proposals for reform include changes to training, accountability, de-escalation tactics, and community-oriented policing.

“Defunding the Policing” according to Vitale

• This concept focuses on reallocating funds from traditional policing to social services such as mental health care, education, and housing, with the idea that addressing the root causes of crime will lead to a safer society.

The “structural” problem

• The idea that the core issues of policing are rooted in institutional structures, not just individual behavior.

Courts

Court Structure

• The organization of the court system, including different levels of courts and their specific roles

Appellate vs. original jurisdiction

• Appellate: Courts that have the authority to review decisions made by lower courts (e.g., Court of Appeals).

• Original: Courts that hear a case for the first time (e.g., trial courts). They determine the facts and apply the law to those facts.

General and limited jurisdiction

• General Jurisdiction: Courts that can hear a wide range of cases, including civil and criminal cases (e.g., District or Superior Courts).

• Limited Jurisdiction: Courts that are restricted to hearing specific types of cases, such as traffic courts, family courts, or small claims courts.

Separate Juvenile System

• A separate legal system that handles criminal cases involving minors. It focuses on rehabilitation rather than punishment, with different laws and procedures for juveniles.

WA State and Federal Court structures

• State Courts: In Washington, the state courts handle most cases, including criminal, civil, family, and traffic cases.

• Federal Courts: Handle cases involving federal law, constitutional issues, or disputes between states or international parties. These courts are organized into District Courts (trial level), Courts of Appeals (intermediate appellate level), and the U.S. Supreme Court (highest court).

The Flow of Cases

• This refers to how cases move through the criminal justice system, from investigation and arrest to trial and appeal.

  • arrest

  • initial appearance

  • preliminary hearing

  • pre-trial hearings

  • trial

  • sentencing

  • appeals

Adversarial Process vs. Plea Bargaining

• Adversarial Process: A legal system where two opposing sides (prosecution and defense) present their cases before a judge or jury, who decides the outcome.

• Plea Bargaining: A process in which a defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence or other concessions. It helps to reduce court backlogs and ensures faster resolutions of cases.

Prosecuting Attorneys

Roles and powers of prosecutor

• Roles and Powers of Prosecutor: Prosecutors represent the government and are responsible for deciding whether to charge a person with a crime, presenting evidence in court, and seeking justice, not just convictions.

Prosecutor’s Dilemma

• Prosecutor’s Dilemma: The tension prosecutors face between seeking justice and securing convictions, which can lead to issues such as prosecutorial overreach.

Prosecutorial abuse and immunity

• Prosecutors generally have immunity from lawsuits when they perform their duties, even if they make mistakes or act improperly. However, there are limits to this immunity.

Four functions of the Judge

• Ensure Fair Trials: Judges ensure that trials are conducted according to the law and that both sides have a fair opportunity to present their cases.

• Rule on Evidence: Judges decide which evidence is admissible and what can be presented in court.

• Provide Sentences: After a conviction, judges determine the appropriate sentence within the legal guidelines.

• Maintain Order in the Court: Judges ensure that court proceedings are conducted respectfully and without disruptions.

The Right to Criminal Defense

• Constitutional right for a defendant to be represented by an attorney.

Three types of Indigent Defense

• Public Defenders: Government-employed attorneys who represent defendants who cannot afford private attorneys.

• Court-Appointed Attorneys: Private attorneys appointed by the court to represent indigent defendants.

• Legal Aid Organizations: Nonprofit organizations that provide free legal services to low-income individuals.

Biases in the Court System

• Disparities in the court system can occur based on race, socioeconomic status, or other factors, leading to unequal outcomes for certain groups. For example, studies show that racial minorities, especially Black defendants, often receive harsher sentences than white defendants for similar crimes.

White collar crimes/harms

• These are crimes typically committed by people in positions of power, such as fraud, embezzlement, and insider trading. White-collar crimes often involve financial harm to individuals, businesses, or society at large.

Bail

• The amount of money or property a defendant must provide to be released from jail pending trial. Bail serves as a guarantee that the defendant will appear for their court date. If the defendant doesn’t show up, the bail can be forfeited.

Public Defense

• The system through which legal representation is provided to defendants who cannot afford to hire private attorneys. Public defenders are often overworked and underfunded, leading to challenges in providing quality defense.

Sanctions/Corrections

Five Goals of sanctions

Retribution Deterrence, Incapacitation, Rehabilitation, Restoration

• Retribution: Punishment as a way to "pay back" the offender for their wrongdoing. This is focused on justice and ensuring that offenders receive a punishment proportional to their crime.

• Deterrence: The idea that punishment will discourage the offender and others from committing similar crimes in the future.

• Incapacitation: Preventing offenders from committing further crimes by removing them from society (e.g., through imprisonment).

• Rehabilitation: Aims to reform offenders so they can reintegrate into society without reoffending.

• Restoration: The goal of repairing the harm done to victims, often through restorative justice programs that emphasize dialogue between the offender and the victim.

Five Type of sanctions

Community Supervision, Fines (and LFOs), Incarceration, Intermediate/Alternative, Death Penalty 

• Community Supervision: Includes probation (supervised release instead of jail time) and parole (supervised release after serving time).

• Fines and LFOs (Legal Financial Obligations): Financial penalties imposed as part of the punishment for a crime.

• Incarceration: Imprisonment in a jail or prison as a form of punishment.

• Intermediate/Alternative Sanctions: These are alternatives to incarceration, such as house arrest, electronic monitoring, or drug treatment programs.

• Death Penalty: A state-sanctioned punishment where the offender is executed, typically for the most heinous crimes (e.g., murder).

Community Supervision

Probation vs. Parole

• Probation occurs before or instead of imprisonment, while parole happens after serving time in prison. Both involve supervision by a probation officer.

Incarceration

Prisons and jails

• Prisons and Jails: Jails are typically for short-term detention, while prisons are long-term facilities for those convicted of serious crimes.

Sentencing Guidelines (e.g., RCW 9.94A)

• These guidelines determine the appropriate sentence based on factors such as the severity of the crime and the offender’s criminal history.

Mandatory sentences

• Laws that require judges to impose a minimum sentence for certain crimes, such as "three strikes" laws, which mandate life sentences for repeat offenders.

Indeterminate vs. determinate sentences

• Indeterminate Sentences: These sentences do not specify an exact length of time, but rather a range (e.g., 5-10 years). The offender’s release depends on rehabilitation and parole decisions.

• Determinate Sentences: These sentences set a fixed length of time for imprisonment (e.g., 10 years without parole).

Data on (mass) incarceration

• The U.S. has one of the highest incarceration rates in the world. Mass incarceration refers to the over-incarceration of certain groups, especially people of color, often driven by policies such as the War on Drugs.

Recidivism

• The tendency of previously convicted individuals to reoffend. Recidivism rates are high in many areas, which poses challenges for rehabilitation and the effectiveness of the criminal justice system.

Evaluating the System

• Criminologists and policymakers evaluate the effectiveness of the criminal justice system in achieving its goals (e.g., reducing crime, ensuring fairness, rehabilitating offenders).

Reforming the system (Reiman and Leighton)

• Reiman and Leighton argue that the criminal justice system disproportionately targets marginalized groups. They advocate for reforms to address inequality, focus on rehabilitation, and tackle root causes of crime, such as poverty.

Protecting Society

Promoting Justice

• The criminal justice system must balance protecting society from criminals (public safety) with ensuring that justice is done in a fair and equitable way. There is often tension between these two goals, especially when policies disproportionately impact vulnerable groups.