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CJ 100 Unit 1 lecture notes

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by: Conner Jones

CJ 100 Unit 1 lecture notes CJ 100

Marketplace > University of Alabama - Tuscaloosa > CJ 100 > CJ 100 Unit 1 lecture notes
Conner Jones
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lecture notes for criminal justice 100 from the beginning of class until the first test
Intro to Criminal Justice
Douglas Klutz
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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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