CJ 100 Unit 1 lecture notes
CJ 100 Unit 1 lecture notes CJ 100
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This 5 page Bundle was uploaded by Conner Jones on Sunday September 4, 2016. The Bundle belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Fall 2016. Since its upload, it has received 238 views.
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Date Created: 09/04/16
CJ 100 Notes August 17, 2016 3 main components of criminal justice system: Policing/law enforcement: local, state, federal Court system/judicial process Corrections/prison, community (parole, community service) Vocab words: Criminal justice- society’s response to crime Crime- an act or qualifying omission that is criminally punished by the government at some level August 19, 2016 Media influence on the CJ system “the illusion of choice” o almost all media comes from the same six sources 6 media giants control about 90% of what we read, watch, and listen to controlling the news is basically controlling perceived reality o Edward Bernays- known as the ‘father of propaganda’, published a book called Propaganda o Peak crime committing years: age 16-24 years o Age demographic is very important to look at when understanding overall crime rate o Crime rate has been steadily declining over the past 25 years Media sensationalism- tendency to present information about crime in a way that provokes public interest and excitement, usually at the expense of reality Public opinion often contradicts findings from actual crime data News outlets sensationalize to make money (they are a business) Trial by media Trial by media is when the media reaches a verdict in a case before the jury does o Examples: Casey Anthony, OJ Simpson, etc. Only about 5-10% of criminal cases actually go to a trial. The other 90- 95% end in a plea deal The role of public opinion Public opinion greatly influences political leaders Mass media greatly influences public opinion New age of social media has changed everything (YouTube, Facebook, twitter…) Spending on criminal justice has gone steadily up over the past 50 years The United states has the largest incarceration rate Current events Our national debt is about $19.5 trillion Our annual cost of crime is about $2 trillion August 22, 2016 White Collar Crime Frauds committed by business/government professionals Bernie Madoff, Libor Scandal, Enron What was the Libor scandal? o London Inter Bank Offer Rate o Banks are supposed to come together INDEPENDENTLY to come up with an interest rate o Banks cheated consumers out of hundreds of trillions of dollars o Banks jacked up interest rates in which people payed student loans, mortgages, etc. and lowered it when people were not paying back loans o Media hardly covered Libor Scandal at all Criminal court- has to be found guilty beyond reasonable doubt, has to face criminal punishment (life in prison, death) o Very little criminal punishment for those who participated in Libor scandal Deterrent – PROACTIVELY preventing criminal acts The impact of white collar crime is very defuse (widespread) White collar criminality Edwin Sutherland was the first to publish on white collar crime (1940) Called “the father of white collar crime” Sutherland’s criteria: o Crime had to be committed in the course of one’s occupation o Crime is undertaken by a “person of respectability and high social status” Ponzi scheme - fraud in which belief in the success of a nonexistent enterprise is fostered by the payment of quick returns to the first investors from money invested by later investors 3 main components to a Ponzi scheme o seems legitimate o have to come from well-respected and trusted individual o all end the same way: new investors stop and house of cards collapses criminology – scientific study of why criminals commit crimes o biological criminology o psychological criminology o sociological criminology August 24,26, 2016 Bill of Rights – first ten amendments of the US constitution, it protected against a central government becoming too powerful st 1 amendment – freedom of expression (speech, press, religion, assembly, petition) Schenck decision – established clear and present danger test Brandenburg test – created imminent and lawless action test (any speech is legal as long as it doesn’t enact lawless action like yelling fire in public) 2ndamendment – right to bear arms nd DC v. Heller (2008) – 2 amendment does relate to the right of individuals to bear arms 3 amendment – protected from being forced to house troops in your home th 4 amendment – protection against unreasonable searches and seizures probable cause – law enforcement needs legal and probable cause to conduct a search unless given consent. “a reasonable person based on sufficient evidence would think that a crime has been committed” warrant- have to demonstrate probable cause in order to obtain a warrant. Have to be specific. discretion- police can use their discretion to determine punishment (unwritten law) plain view- can use evidence in “plain view” even if not specifically stated in search warrant plain smell- if officer can smell drugs he can search your car th main way to waive 4 amendment rights: consent NEVER physically resist law enforcement, always fight it out in court John Corzine – well respected CEO of MF Global, billions of dollars evaporated overnight under his watch August 31, 2016 More amendments th 5 amendment – Habeas corpus: “fundamental safeguard for individual freedom against an arbitrary government” right to remain silent Miranda rights – does not have to be read right after arrest, you can ask “officer am I being detained or am I free to go?”, you also have to be read Miranda rights before potentially incriminating questions Cant testify against yourself in a court of law Salinas v Texas – if you start answering questions then suddenly stop, your silence can be used against you in court Exigent circumstances – if officer/public safety comes into question Miranda rights don’t necessarily have to be read Double jeopardy doctrine – cannot be tried for the same crime at the same level of court twice Grand jury process – preliminary check before trial starts to decide whether or not there is probable cause and sufficient evidence Indictment – formal notice of what you’re being charged with Due process – overall fairness in the criminal justice system (only for federal criminal cases) th 6 amendment – right to a fair trial speedy trial doctrine – now its backlogged so much but it was intended to make trial happen within months of crime public trial – everyone has the right to a public trial, exceptions military, grand jury trials 7 amendment – guarantees the right to a jury trial in civil suits involving $20 or more only amendment that pertains solely to civil law th 8 amendment – protection against cruel and unusual punishment Furman v Georgia – application of death penalty is inconsistent, supreme court said you have to be consistent with capital punishment Protects us against excessive fines and excessive bail Bail v. bond Bail – temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court, the person gets money back if they do what they’re supposed to do Bond – dealing with a third party (not directly relating with court) September 2, 2016 9 amendment – protects our un enumerated rights (rights that aren’t directly written down) o right to privacy 10 amendment – separation of state v federal powers, any rights not specifically enumerated to federal government are given to the states. other laws th 14 amendment – due process clause (no state shall deny a person of life, liberty, property without due process of law), equal protection clause (regardless to race, ethnicity, etc. you are equally protected under the bill of rights) Bills of Attainder o constitution prohibits congress from passing bills of attainder (declaring people guilty of a crime in the absence of a trial) Ex post facto laws o you’re protected for any act that was not criminal when committed important cases Schenck v. United States (1919) – Schenck mailed out letters to people against the military draft o court said it established “clear and present danger test” o falsely shouting fire in a crowded theatre Brandenburg v. Ohio – government can’t punish inflammatory speech unless that speech is directed to incite imminent lawless action o Brandenburg Test: Intent – mens rea: the guilty mind, was the person trying to cause harm Imminence – time proximity, how likely was the speech to cause a riot right then and there Likelihood – how likely was the speech to cause imminent and lawless action (was speech in front of a few people or thousands of people)
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