Exam 1 Flashcards
3 Key areas of the criminal justice system
Police, courts, corrections
Moral view vs. legal view of crime
Moral view - crimes are behaviors that are wrong
Legal view - code of criminal laws that lists behaviors that you should not do
What is mala in se
What is mala prohibita?
Mala in se - bad or evil in itself
Mala prohibita - crimes that are bad because they are prohibited
What is the difference between a felony and misdemeanor?
Felonies are the more serious of the two, and are punishable by a year of incarceration. While a misdemeanor is punishable by less than a year.
Public Order Crimes
Crimes and offenses that may not be traditional but rather debated, disturbs the peace in society
Ex. Vandalism
Property Crimes
Crimes against physical and cyber properties
Ex. Arson
Victimless crimes
Crimes that doesn’t harm someone
Ex. Usage of drugs, prostitution, gambling
Political Crimes
Crimes committed to or by the government
Ex. Genocide, “the crime of all crimes”
Occupational crimes
Referred to as “white collar” crime, committed by a company, organization, corporation, and those within the sphere
(Are often financial in nature)
Organized crime
Crimes that are committed by criminal groups, refers to the manner of the act committed rather than the individual at hand, or the crime itself
Ex. Smuggling drugs
Transnational crime
Crimes that cross borders, often committed with organized crime
Ex. Human trafficking
Cybercrime
Crimes committed on the Internet, cyberspace, and over the web
Ex. Money being stolen without physical contact with the victim
Cybercrime
Crimes committed on the Internet, cyberspace, and over the web
Ex. Money being stolen without physical contact with the victim
Uniform Crime Report (UCR)
Annual FBI publication of official statistics of crime recorded by police
National incident-based reporting system (NIBRS)
A unit-record reporting system in which each local law enforcement agency reports on each individual crime incident and on each individual arrest
What is the difference between UCR and NIBRS?
UCR reports attempted crimes as completed, NIBRS includes a designation of attempted or completed.
NIBRS also provides more specified information than UCR.
What is the difference between burglary and larceny?
Burglary is intent of theft with force, while larceny-theft is like stealing gum from the grocery store.
Dark Figure of Crime
When crime is under reported or not reported
Classical Criminology
Led by Cesare Becvaria
Age of Enlightenment.
Crime as product of choice.
Used logic and reason, rather than favoritism.
Positivist Criminology
Led by Cesare Lombroso
Truth through application of the scientific method
Crime was a product of biology, believed people were born with criminal traits— biological explanations for crime
Psychological Explanations of Crime
Anti-social personality disorder, psychopathy, etc.
Social Disorganization Theory
Cities growing at a fast pace, leading to many different people living in conditions that bred crime
Crime and poverty correlation
Strain / Anomie Theory
Focus on poverty
People unable to achieve specific goals seek out crime as a shortcut to success
Called Strain theory due to the strain and stress of the situation
Differential Association Theory
Focus on learning
Crime is taught
Different people who we associate with teach us different things
Control Theory
Focuses on things that inhibit crime
Crimes are pleasurable and are shortcuts to success
Good relationships, jobs, and academics prevents individuals from engaging in crime
Life Course Theory
Focuses on life changes
The older you get the less likely you are to get into criminal behavior
Teenagers have a “Devil May Care” attitude
Labeling Theory
Focus on stigma
Those labeled as a criminal will act and become criminals
Criminal record makes it difficult to get housing and employment
Critical Theories
Focus on power differentials in society
Includes Marxist, feminist theory, etc.
Victimization Surveys
National Crime Victimization Survey (NCVS)
More like a face-to-face interview
Self-Report Surveys
Information about the offenders of the crime
Focuses on crimes committed by younger people
National Crime Victimization Survey (NCVS)
Includes : rape, robbery, assault, larceny, burglary, personal theft, motor vehicle theft
Does not include : murder, human trafficking, white collar crimes, drug use
Allows a glimpse at the dark figures of crimes, but data is not accurate
Criminology
The body of knowledge regarding crime as a social phenomenon.
It includes within its scope the making of laws, breaking of laws, and of reacting toward the breaking of laws.
Goals of the Criminal Justice System
Doing justice
Controlling crime
Preventing crime
Federalism
The system of government where power is divided between the central (federal) government, and other branches of power that are the (state) government
How does Federalism affect the CJ system?
The constitution does not give the federal government specific powers according to crime
The powers are left to the state, localized law enforcement
Cooperation
Plea bargaining, prosecution, and defense work together for a speedy service to avoid the cost of trial
Interdependent— police, courts, and corrections all have to work together to create punishment for criminals and ensure justice is delivered
Discretion
The power to make a decision based on your best judgement
Police use discretion when there is not an exact interpretation of the law
Resource Dependence
Rely on government agencies to provide money
Can lead to abuse of power
Sequential Tasks
The criminal justice system is like a conveyor belt, you cannot skip any sequence
Filtering
Not every case that enters the system will enter all stages of the conveyor belt
3 main areas of criminal justice
Police, Courts, and Corrections
13 steps of the CJ process
- investigations
- arrest
- booking
- charging
- initial appearance
- preliminary hearing / grand jury
- indictment
- arraignment
- trial
- sentencing
- appeal
- corrections
- release
CJ wedding cake model
- celebrated cases
- serious felonies
- lesser felonies
- misdemeanors
Equal protection clause
Everyone has equal protection under the law
14th amendment
What is the difference between disparity and discrimination?
Disparity occurs when there is a justified or legitimate reason, while discrimination is unequal treatment without a legitimate reason
Theoretical explanations for disparities
- people of color commit more crimes
- the cj system is racist
- the cj system reflects the racism in society
Substantive Laws
Defines what actions the government can punish
Generally created by legislative bodies
Procedural Law
Defines the rules in enforcing the law
The rules that the system must follow as they enforce the substantive law
What is the difference between criminal laws and civil laws?
Criminal laws relate to actions that the state wanted to deter, while civil refers to laws that regulate business transactions (private business, lawsuits, etc.)
Punishment for criminal laws = jail time
Punishment for civil laws = payout (money) to the winner
Early civilization laws
sumerian laws, code of hammurabi
Common law
Based on precedents
English common laws gave more power to judges
Judges establish precedent
Written Law
Constitutions, statutes, court decisions, administrative regulations
7 Principles of Substantive Criminal Law
- legality
- actus reus
- causation
- harm
- concurrence
- mens rea
- punishment
Actus Reus
A guilty act
“reus” meaning guilty
In order for there to be a crime, an action must have physically occurred
Mens Rea
Motivation and intent for crime
“rea” meaning guilty
“mens” meaning mind
Burglary
- If they enter a building or occupied structure (that they’re not supposed to be in)
- The intent to commit a crime
- Premises are not open to the public, or the person is not permitted to enter
Justification Defenses
Self defense & Necessity
Excuse Defenses
- Duress (coercion)
- Entrapment
- Infancy
- Mistake of fact
- Intoxication
- Insanity
Procedural Criminal Law
Procedural due process
prevents mob rule
Everything the CJ system does should be regulated by guidelines, doing its due diligence, and respecting the equality of all persons
4th Amendment
Protects against unreasonable searches, seizures, and arrests
Unless there is reasonable suspicion and probable cause
Plain view search
No warrant needed, if they can see illegal possessions, they can search your car
Exigent circumstances search
Police can search based on concern for public safety, warrant not needed
5th Amendment
Grand jury
Double jeopardy
Protect against self-incrimination
Miranda rights
6th Amendment
Speedy and public trial
Impartial Jury
Right to counsel
Gideon vs. Wainwright
8th Amendment
Prevents excessive bails, protects from cruel and unusual punishment
But does not guarantee bail
Exclusionary Rule
If evidence is obtained illegally, it must be excluded from trial
Exception Rule
Exception if someone made an honest to goodness mistake
or
Inevitable discovery of evidence
3 major aspects of American policing that evolved from the English legal tradition
- Limited authority
- Local control
- Fragmented organization
Franklin Pledge System
Communities with families grouped in 10s who would keep watch over the community
In case of fire, lighting street lamps, etc.
Constable
Night watchman
Sir Robert Peel
Father of modern policing
In 1829, convinced Parliament to create the london police force
Believed that police should defend against crime with the least force possible
Police have to keep a low profile and maintain peace
During the colonial era and early republic, what was the difference between the North and South in terms of policing?
North - Night watchmen, informal inspiration of the English System
South - the institution of slavery such as Slave Patrols, considered the “american” form of policing
The political era : 1840-1920
Established the first police force in NYC
Foot patrol, helping citizens, and wearing specialized uniforms
Only government agency
Ties between police and political leaders
Opened doors to corruption
Professional Modern Era : 1920-1970
Educated middle class wanted the government to protect and helped the less fortunate
August Wulmer, chief of police, created the professional model
Police were well trained, well discipline, treated citizens with respect
Modernization of police allowed for the existence of early forensics
The Community-Policing Era : 1970-Present
Distrust of government extended to distrust of the police
Two forms of policing rose : “Broken Windows Policing” and “Community Oriented Policing (COP)”
Broken Window Policing
Police should address issues that made people feel unsafe, such as homelessness
Disorder in community leads to people feeling unsafe
Community Orientated Policing (COP)
Community gets a say to what gets policed
Police get to know citizens of the community to meet the needs of it
Effective model used today
What is the difference between state and county police agencies?
State agency - each state has it’s own police force that is based on the population
County agency - often called sheriff departments, made for small populations and may need state resources
Police Knowledge and Skills
Laws and procedures
Handling weapons
Social relations
De-escalation
Police Working Personality
- Threat of Danger
- Need to establish and maintain authority
Leading to tense work-life balance
Police Isolation
Many officers view the public as dangerous and hostile
“Us vs. Them”
Closeness to police subculture, leading to empathy between police officers
“Blue Code of Silence”
4 kinds of stress police deal with
- External
- Organizational
- Personal
- Operational
How are the police set up like a bureaucracy?
Division of labor
Chain and unity of command
Rules and procedures
Operational units
Police Functions
- Order maintenance
- Law enforcement
- Service
Styles of policing
- Watchman style
- Legalistic style
- Service style
Watchman Style
Emphasize order of maintenance, focusing on disorderly conduct
Not good for high crime areas, made for in-between communities
Legalistic Style
Focus is on law enforcement, operates in areas of high crime
Toughest style that alienates community
Combat drug trade, organized crime, traffic tickets, and certain amount of misdemeanors
Service Style
Relates to the service function, police cares for the community
Seen as community service works found in areas of low crime
How do police use discretion?
When there is not an exact law that can be applied to the situation, police use discretion to enforce the laws how they see fit
Can either improve police community relations or leads to favoritism and corruption
What factors play into police decision-making?
Some situations give police more leeway (discretion) than others
The relationship with the people that the police are dealing with
People’s race, age, gender, and class
Departmental Policy, guides overarching policing ability
How do police respond?
Reactive policing - they react to crime after it has occurred
Proactive policing - preventing crime by taking action before it happens
ex. stop and frisk
Police 3 main duties
- Answering calls for help
- Maintaining a police presence
- Probing suspicious circumstances
Process of apprehending a suspect?
- Detection of a crime
- Preliminary investigation
- Follow-Up investigation
- (And possible) Clearance and arrest
Does clearance lead to conviction?
No, clearance doesn’t always lead to conviction
Case is not truly cleared and may be revisited at a later time
Sometimes leading to cold cases
What kinds of special operations are there for the police?
Juveniles
Traffic
Vice
Drug enforcement
How are vice and drug enforcement similar? How are they different?
Vice and drug enforcement are similar as they may require undercover work and sting operations. Both tend to lead to corruption due to the lack of transparency.
Vice is policing crimes that are seen as “victimless crimes” while drug enforcement
