crmlaw7 wk 1-2
CRM7 Lecture Notes
WEEK ONE
10/1 What is Crime, Criminology, and Deviance
General Question: What should be considered a crime?
Crime from a legalistic perspective → Human behavior that is a violation of criminal law of the federal government or local jurisdictions
Paul Tappan’s perspective aligned closely with Legalistic perspective; defined it as a deliberate attempt to violate criminal law without defense or justification
Edwin Sutherland also had a perspective but idk
Crime from a political perspective → isn’t just about right or wrong
Examples of those who hold power politically include the Supreme Court, etc.
who holds power/centers of power (inequalities based on class, race, gender, other demographics)
Criminalizing homelessness/poverty (ex: loitering, sweeping encampments in urban areas, etc.)
Crime from a psychological perspective → seeing crime as a maladaptive behavior
A way that someone acts based on the social norms around them
Expanded upon in deviant behavior
Crime from a sociological (social-legal) perspective -> crime is primarily an offense against human relationships and secondary a violation of the law
Likely taking on a moral-based stance to criminal offense
Deviant Behavior: human activity that violates social norms
Some forms of behavior are both deviant and criminal
Social norms: expected behaviors, philosophies, etc.
Deviance and Criminal Behavior overlap at times
3 categories: Illegal, Illegal and Deviant, Deviant
Ex: Illegal = Speeding, Illegal and Deviant = Committing Burglary while naked, Deviant = alcoholism
Criminology Roots
Criminology is a scientific study of crime and criminal behavior
It’s a social science :3
Grasps research from Anthropology, Philosophy, Biology, Law, Sociology, Medicine, Political Science, Ethology, Psychology, Economics, etc.
10/3 Measuring Crime
Crime Statistics
UCR (Uniform Crime Reports)
One major data source started in the 1930s
Prohibition (organized crime/mobsters), the Great Depression
Produced by the FBI; began in 1930
~18,300 policing agencies send annual data on:
Number of persons arrested
Number of crimes reported by victims, witnesses, and the police (also includes police employee data)
Represents data when people are arrested
Divided into serious offenses v. minor offenses
Part 1 Offenses (serious):
Murder
Arson
Burglary
Assault
Rape
Kidnapping
Extortion
Robbery
Part 2 Offense (minor):
Drug Abuse Violations
Simple Assaults
Driving under the influence
Disorderly Conduct
Measured only by “arrest” data
Approximately 10 million arrests for Part II offenses annually
How do we measure crime?
Crime counts: the actual number of crimes reported or known to the police
(Total number of crimes) ÷ (local population) (100,000) = crime rate
Ex: (30,000/2,700,000) x 100,000 = 1,111 crime rate in Chicago; 1,111 per 100,000
NIBRS (National Incident-Base Reporting Systems)
Local agencies collect data on single crime occurrence
22 diff offense categories
32 states are now NIBRS-certified
California is NOT for some reason
Benefits compared to UCR are that info is provided on (granted specificity/detail oriented):
Offense and Offenders
Victims and Arrestees
Time, date, and location
Type of crime weapons, involved of alcohol or drug related
Characteristics of any property (private of business lost damaged recovered goods)
Characteristics of the victim (age, sex, race/ethnicity, circumstances of the event relationship to the offender)
NIBRS reporting system: Local law enforcement → UCR program → FBI UCR Program
National Crime Victimization Survey
1972 - Collected By the Bureau of Justice Statistics (BJS)
Households are surveyed every 6 months over a period of like 3 years
A longitudinal study in which a random household is selected to be surveyed 2x a year; once period ends a new one is chosen
Presently enjoying historically low levels of crime according to UCRs and NCVS
Improvements in law enforcement
DNA fingerprinting and information based policing techniques
Aging population: The median age in the US is 37
End of crack cocaine epidemic
Gentrification of former high-crime neighborhoods
WEEK TWO
10/8 – Dealing With Crime
Three main institutions of the criminal justice system:
Courts
Corrections
Law enforcement
Layers of Courts
US has a dual court system: state level, federal level
52 different court systems:
One federal court system
Supreme Court, US District Courts, Court of Appeals
50 state systems
1 District of Columbia
Local Jurisdiction
Criminal courts
City or town courts
Traffic courts
Juvenile courts
Federalism: a form of government in which a written constitution provides for a division of powers between a central government (federal) and regional governments (state) < We live in a Constitutional Federalist country by practice
Jurisdiction: the territory over which a law enforcement agency has authority
Federal crime: e.g. tax evasion, mail tampering, kidnapping, etc.
State crime: e.g. rape, murder, theft
Discretion: the authority to choose between and among alternative course of action, based on individual judgment
Choosing to do what you think is best
JUDGE’S DISCRETION
Racial Bias plays a role in how sentences are handed down
Racial Disparities: The racial background of both the judge and the defendant may influence whether harsher sentences are applied, particularly in ambiguous cases
Critical question: Is the court system truly impartial,or are there built-in biases that affect outcomes for different groups?
Characteristics of Judges
Judges work behind closed doors
Their work is only revealed through written opinions
They wear garments that set them apart (only branch to do so)
Rationale: they are called on to make decisions, i.e., to protect the rights of the individuals
Judge’s Responsibilities
Is referee in the courtroom
Has the final say on everything that happens in the courtroom (except the jury’s verdict)
If the defendant has waived his or her right, then judges make the decision (?)
Discretion in the Criminal Justice System
Judges essentially:
Set conditions for pretrial release
Accept please
Dismiss charges
Impose sentences
Extralegal Factors:
Judges can be kinda greedy and will sentence you harsher if they are hungry beforehand
1960’s: Series of Supreme Court decisions that extended due process rights to those accused of a crime
What is due process?:
“Citizens must be notified in advance if the government plans to take actions affecting their life, liberty, or property
Needed to be notified of why you’re being arrested or searched ahead of time
You have the opportunity to be heard
Impartial Tribunal is necessary (a fair trial) *Fancy for Unbiased court
Due Process Decisions
You’re not allowed to interrogate someone as the intent involves using what the defendants say in the court against them
5th Amendment: Protects offenders from having to testify if they may incriminate themselves from a testimony
Protection against self-incrimination
Protection against double jeopardy
Can’t try you again for the same crime
Right to due process
Just compensation for property
Eminent domain
6th Amendment: The right to enjoy a speedy and public trial by an impartial jury (fast trial without bias)
4th Amendment: The right against unreasonable searches and seizures (cannot search you without a reason to do so)
Crime Control vs. Due Process Models
Crime Control = assembly line
Due process = obstacle course
The Role of Lawyers in Criminal Justice
Public Defenders: Public defenders represent people who cannot afford private legal counsel
Overworked and face significant ethical challenges
Systemic Imbalance:
Must balance the ideals of justice with the realities of heavy caseloads and limited resources
Must ensure that their defendant receives a fair trial
How does the imbalance between public defenders and prosecutors impact the fairness of trials?
Role of Prosecutor