A

Criminal Justice Lecture Notes (Chapters 1-8) - Practice Flashcards

Key Concepts

  • The criminal justice system comprises three main components: policing, courts, and corrections. The course will cover each area, with particular emphasis on policing because most public contact with the system occurs through the police.

  • A crime is a societal wrong or harm—what society agrees is unacceptable and should be punished.

  • Distinction between civil law (private disputes) and criminal law (offenses against the public/society).

  • The social contract: by living in society, individuals consent to certain rules in exchange for protection and order.

  • The law is not absolute; there are always exceptions and nuances. The legal system uses rules, precedents, and investigations to handle the complexities of real life.

  • The distinction between acts and omissions: crimes can involve doing something prohibited or failing to do something required by law (omissions).

  • The concept of defense and justification: a crime is typically defined as something prohibited by law that is done without defense or justification; there can be legitimate defenses that remove criminal liability.

  • The difference between a social wrong and a crime: not every social wrong is a crime; some may be addressed in civil or administrative contexts.

  • The idea of a contract-like social contract helps explain predictable behavior: published rules reduce stress and uncertainty, much like a written contract clarifies expectations.

  • Perception versus reality in crime: media coverage, public fear, and abbreviated statistics can distort how safe people feel, even as overall crime trends may move in a different direction.

  • Historical waves of crime and law: immigration, Prohibition, the War on Drugs, 9/11 and subsequent legislation, and the rise of corporate/white-collar crime.

  • The role of evidence and proof: civil cases use a different standard of proof than criminal cases; juries have different decision rules depending on the case type.

  • Important terms and concepts to remember: torts, crimes, burden of proof, beyond a reasonable doubt, preponderance of the evidence, presumption of innocence, probable cause, jury verdict standards, and the adversarial system.

The Five-Part Definition of Crime

  • There is a five-part, memorable definition for crime (presented as five parts, but often taught as a single sentence):
    1) An act or omission
    2) Prohibited by the law
    3) Committed without defense or justification
    4) Punishable in the state or by the state
    5) In a judicial proceeding

  • Compact formal representation:
    ext{Crime} \equiv (\text{Act or Omission}) \land (\text{Prohibited by Law}) \land \neg(\text{Defense or Justification}) \land (\text{Punishable by the State}) \land (\text{In a Judicial Proceeding})

  • Examples:

    • Killing someone is prohibited by law; if done without defense/justification, punishable by the state in a judicial proceeding (criminal case).

    • Omitting to care for a dependent child can be criminal or civil depending on statute; not every omission is a crime—only those prohibited by specific law.

    • Spitting on the sidewalk might incur a fine if and only if the law prohibits it; if there is no statute against it, it is not a crime (even if frowned upon).

  • Why the five parts matter: they establish when conduct qualifies as a crime and allow consistent punishment through the state.

  • The social contract idea: the rules exist to prevent chaos and to give people a predictable framework within which to live; the contract helps people know what is allowed, what isn’t, and what the consequences are.

Civil vs Criminal: The Big Distinctions

  • Civil law (private law) deals with private wrongs (torts) between individuals (including corporations treated as private individuals for lawsuits): example—you damage my property; I sue you for damages.

  • Criminal law (public law) deals with offenses against society, where the government prosecutes the offender. The government represents society in these cases.

  • Key terms:

    • Civil: torts, private wrongs, compensation for the injured party

    • Criminal: crimes, public wrongs, punishment by the state

  • Elements and remedies:

    • Civil remedies aim to make the plaintiff whole (monetary damages, specific performance, or other forms of compensation).

    • Criminal penalties aim to punish the offender (fines, imprisonment, or, in ultimate cases, the death penalty, or combinations thereof).

  • Example scenarios:

    • Civil: A person tears up your yard; you sue for damages or to make it right (performance). You might hire another contractor and sue for the difference in cost (cover/mitigation).

    • Criminal: Theft, burglary, assault, arson, rape, etc.—offenses that can lead to jail time or other sanctions.

  • The private vs public wrong distinction also shapes jury procedures and burden of proof (below).

  • Private individuals vs. government: In civil law, disputes are typically between private parties; in criminal law, the government acts on behalf of society.

  • The role of contracts and social contracts: Civil and criminal systems both rely on published rules, but civil actions primarily seek compensation for harm, while criminal actions seek to punish and deter wrongdoing for the public good.

The Social Contract and the Four Corners Rule (Contract Metaphor)

  • Social contract: A broad agreement in society where individuals comply with certain rules in exchange for protection and order.

  • The Four Corners Rule (from contract law): What matters legally are the terms contained within the contract (the “four corners” of the document); extraneous contexts do not alter the interpretation of the contract.

  • Metaphor: A child’s experience with household rules demonstrates the idea of published boundaries; different households have different contracts (rules). Breaking the home contract (e.g., jumping on beds in your own home) triggers punishment; jumping on beds in a neighbor’s home might be allowed if the neighbor’s contract permits it—your own contract governs your behavior, not the neighbors’.

  • In the criminal-justice sense:

    • The rules that define crime are the published laws; what happens outside those rules is not a crime unless specified by law.

    • The social contract gives the government the power to enforce those rules and protect citizens; breaking the contract invites state punishment.

How Crimes Are Classified Within the Law

  • Civil side: offenses are categorized as torts (civil violations: e.g., negligence, product liability, personal injury, family law matters like custody or support).

  • Criminal side: offenses are crimes (robbery, rape, arson, burglary, assault, aggravated assault, motor-vehicle theft, etc.).

  • Important distinction: Being accused of a tort does not send you to jail; being accused of a crime can.

  • The goal in civil action: compensation and restoration for the injured party; the remedy is typically monetary or specific performance.

  • The goal in criminal action: punishment and deterrence; the remedy is punishment or rehabilitation as defined by law.

  • Summary: Civil = private wrongs; Criminal = public wrongs; torts vs crimes; different legal processes and outcomes.

Jury Verdicts, Burden of Proof, and the Adversarial System

  • Civil cases:

    • Burden of proof: preponderance of the evidence (more likely than not).

    • Jury size: often 6 jurors; verdicts do not require absolute unanimity (majority suffices in many civil cases).

  • Criminal cases:

    • Burden of proof: beyond a reasonable doubt (moral certainty; the state must prove the defendant’s guilt to a high standard).

    • Jury size: 12 jurors; verdicts must be unanimous in most traditional systems.

    • Presumption of innocence: defendants are presumed innocent until proven guilty; the state bears the burden of proof.

    • Adversarial system: the state presents evidence and witnesses; the defense cross-examines; the defendant is not required to prove innocence.

  • Common analogies:

    • OJ Simpson case example is used to illustrate how jury decisions may be influenced by whether the state proved guilt beyond reasonable doubt, not merely by the presence of evidence.

    • “Beyond a reasonable doubt” is not an absolute proof; it represents a standard of moral certainty that is practically achievable in most cases, though interpretations vary.

  • Probable cause: police need probable cause to make an arrest; this is a separate concept from the burden of proof used in trials and will be discussed further.

  • Practical reminders:

    • Civil and criminal trials operate under different standards and procedures; juries in civil trials can decide by majority, while criminal trials require unanimity in many jurisdictions.

    • The system is designed to protect against wrongful convictions and to ensure a fair process, even as exceptions and edge cases arise.

What Constitutes a Crime: Examples and Illustrations from Everyday Life

  • Impossible or extreme scenarios are used to illustrate boundaries:

    • If you walked down campus and pulled out a weapon to harm someone, that conduct would typically be prohibited by law and punishable, assuming the act is illegal and not justified.

    • If someone acts in self-defense against an aggressor, there can be justification defense that removes criminal liability.

    • A “social wrong” (e.g., a minor infraction without statute) may exist but not be a crime unless the law prohibits it.

  • Public punishment versus private remedy: arrest, prosecution, and punishment involve the state; civil actions involve private parties seeking compensation.

  • The role of exceptions: there are always exceptions to rules; no absolutes in law, which is why criminology studies why crime occurs and how laws adapt to changes.

History and Real-World Trends in Crime and Policy

  • Early 20th century: waves of immigration from Germany, France, Italy, Poland, etc. created social frictions and conflicts; immigrants mixing with different customs spurred fear and crime tropes in some narratives.

  • Prohibition (1920s): dramatic rise in organized crime as alcohol distribution became illegal; crime became more organized and sophisticated.

  • War on Drugs (1980s–1990s): Reagan era rhetoric and policies framed drugs as a major national threat, leading to aggressive policing and sentencing; commercial and public narratives around drugs became central to policy debates.

  • The 1990s trend: crime rates began to decline; public perception often lagged behind the numbers due to media framing and high-profile incidents.

  • Ferguson and policing debates: incidents of police-civilian interactions sparked nationwide conversations about safety, policing practices, and accountability.

  • Media and perception: studies and media portrayals can magnify or distort crime trends; there is a need to critically evaluate sources, methodologies, and agendas behind studies.

  • Post-9/11 policy shifts: the USA Patriot Act (the transcript notes “USA Patriot Act of 2021”) expanded tools for counterterrorism; the act intended to enhance information sharing and security; historically, this reflected a broader trend of policy responding rapidly to perceived threats.

  • Corporate and white-collar crime: Enron and similar cases prompted a focus on corporate misconduct and regulatory reforms; the public and policymakers began paying more attention to non-violent crimes in the corporate sphere.

  • The ongoing takeaway: crime trends interact with policing strategies, public policy, media narratives, and social factors; numbers can move in one direction while perceptions move differently due to various stimuli.

Perception, Media, and Critical Thinking about Crime Data

  • Public safety and fear are influenced by visible police presence (e.g., patrol cars) and media coverage, which can shape perceptions of danger even when crime rates are falling.

  • Data interpretation cautions:

    • Small samples or snapshots can mislead; the magnitude of minor changes can appear dramatic in headlines.

    • Studies often have margins of error (e.g., ±3%), which can significantly affect conclusions when reported without context.

    • It’s important to examine the methodology, definitions (e.g., what constitutes a “crime” or a “rape” in a study), and potential biases or agendas behind surveys and media reports.

  • Practical lesson: evaluate multiple sources and look for converging evidence rather than relying on a single study or news story.

Key Takeaways and Recap

  • Crime is a societal wrong defined (primarily) by law and punishable by the state within a judicial process.

  • The criminal justice system is built on policing, courts, and corrections, with a focus on crime control, due process, and public safety.

  • Civil and criminal law serve different purposes: civil law seeks to remedy harm and compensate the injured party; criminal law seeks to punish and deter wrongdoing.

  • The five-part crime definition provides a practical framework for understanding when conduct constitutes a crime; defenses and justifications can alter liabilities.

  • The social contract and four corners rule help explain why laws exist and why contracts (and published rules) govern behavior; rules matter because they limit chaos and provide predictability.

  • Burden of proof, jury requirements, and the presumption of innocence shape outcomes in civil and criminal cases differently, reflecting their distinct goals and protections.

  • History and policy changes (immigration, Prohibition, War on Drugs, 9/11, corporate-crime focus) demonstrate how crime and law respond to social change, technology, and political priorities.

  • Perception matters: public feelings of safety can diverge from actual crime trends; critical evaluation of data and media narratives is essential.

Quick Reference (Key Terms to Remember)

  • Tort: civil wrong; private injury or harm leading to a civil suit.

  • Burden of proof (civil): preponderance of the evidence (more likely than not).

  • Burden of proof (criminal): beyond a reasonable doubt.

  • Presumption of innocence: standard in criminal cases.

  • Probable cause: reasonable basis to believe a person committed a crime or is about to be charged/arrested.

  • Beyond a reasonable doubt: high standard indicating moral certainty of guilt.

  • Adversarial system: opposing parties present evidence and arguments; the judge/jury decides based on the evidence.

  • Civil remedies: damages, specific performance, cover, injunctions.

  • Criminal penalties: fines, imprisonment, death penalty (where lawful).

Note on historical accuracy in lecture materials: The transcript mentions the USA Patriot Act of 2021, but the Act was enacted in 2001 following the September 11 attacks. This note is to help you contextualize how the lecture reflects common public narratives and should be cross-checked with authoritative sources when studying for exams.

Questions to test your understanding (optional prompts)

  • Explain how the five-part definition of crime applies to a hypothetical scenario where someone fails to provide care for a child. What factors determine whether it’s a crime or a civil matter?

  • Compare and contrast a civil tort case with a criminal case using the rose bushes example provided in class. What remedies or punishments would be sought in each?

  • Why is the burden of proof higher in criminal cases than in civil cases? How does the presumption of innocence play into this?

  • How can media narratives distort public perception of crime trends? Provide examples from the lecture discussion and propose strategies to critically evaluate such reports.

  • Describe the differences between a self-defense justification and criminal liability. How might this affect a case’s outcome?