Lecture 2 Flashcards
When is a case considered closed?
- Arrest (case is solved)
- Arrested
- Charged with offense
- Case turned over to court for prosecution - Exceptional (extraordinary) means
- some unusual circumstance prevents arrest, charge, and prosecution of suspect despite there being enough evidence to ID and locate the suspect (e.g. murder suicide)
How often do witnesses report crimes to police?
Consistently less than half of all VCs are reported to police (~45%)
VCs reported more than property crimes
-weapon, injuries, all more likely to report because of severity
Victim most likely person to report VC to police
Adolescents less likely to report VC to police than adult
How do witnesses decide whether to participate in the CJS?
Perceived legitimacy (obligation to obey; trust in motives; general positive feelings) of police -> perceived legitimacy more likely to report crimes
Perceptions of legit. formed from past experiences with police (individually in vicariously)
Decision is multi-determined and complex Cog. factors (cost-benefit analysis) 1. Likelihood of positive outcome 2. Level of inconvenience 3. Risk, fear of retaliation
Emotional factors
-Level of fear (more fear -> more likely to actually report)
Social factors (most sign. determinator of actual reporting) -12X more likely to report if were advised to do so
Factors considered
- Legal cynicism (starts to increase in adolescence; correlated decrease in legitimacy of police; subjective- negative interactions/ineffectiveness)
- Presence of other witnesses
- Victim-offender relationship (less likely to repost if known b/c may not want to get them in trouble/ may risk further victimization if reports)
- Fear of retaliation/witness intimidation (less likely to report if fear of reprisal)
- > Types: case-specific and community-wide
- > At risk for: women, prior relationship with, live close to, recent to illegal immigrant, those who are criminals themselves
- Cultural and social norms against “snitching”
- > “snitches get stitches”
- > social isolation as early as kindergarden
- > may be viewed as moral issue
Not report because:
- private/personal matter
- don’t want to relive/ be put on trial/ have history brought up
What role do witnesses play in the CJ process?
CJS DEPENDS on the active and willing participation of witnesses
Many suspects based solely on eyewitness ID
- > most prev. factor in closing cases
- > victim main source of evidence in VC cases
Instrumental Theories
We obey the law to avoid punishment and receive rewards (outcome-based)
Procedural Justice Theories
We obey the law because we perceive legal authorities as legitimate (process-based)
Procedural Justice (PJ)
determine whether just and fair (subjective)
Considered in past interactions:
- Quality of police decision making
- decisions made fairly
- apply rules consistently - Quality of interpersonal treatment (have voice, even if not agrees with)
- consideration of all views involved
- treated with dignity and respect - Independent of positive outcome (NOT true)
Willingness to report crime
NOT = actual reporting behavior
Potential limitations with PJ theory (or legitimacy theory)
- Do intentions always match behaviors?
- Vagueness of willingness questions (needs details)
- Evidence to suggest positive outcomes DO matter!
- Odds of reporting VCs are X3 more likely if previous reporting had positive result
Bystander Effect
A person is less likely to provide help when there are other bystanders (diffusion of responsibility)
Case-specific intimidation
threats of violence directed at particular person from providing info to police of testifying in case
-fairly rare, but fear is enough
Hearing about threats is more common than personally experiencing reprisal
Community-wide intimidation
Acts that are intended to create a general sense of fear and an attitude of non-cooperation with police and prosecutors in community
Reporting actual crimes
Less likely to report when:
- less serious
- witnessed with others
- fear of retaliation
- know perp.
- conceal own illegal activities
- discouraged by family/friends
- social norm of “snitching”
Not conclusive: attitudes about police legitimacy
Biggest influence on reporting: Social factors
