CJ 100 Unit 2 notes
CJ 100 Unit 2 notes CJ 100
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Date Created: 09/29/16
CJ 100 Unit 2 Notes September 9, 2016 Court cases Weeks v. United States (1914) o Exclusionary rule is created (1914) – any evidence obtained illegally resulting from illegal search and seizure cannot be used in court o Huge check on police power o Only applied to federal criminal cases Mapp v. Ohio (1961) o Extended the exclusionary rule to the states too Katz v. United States (1967) o Police bugged a public phone booth in order to gain evidence against him o What a person knowingly exposes to the public, even in his own home or office, is not a subject of 4 amendment protection o You have a reasonable expectation to privacy even in public places California v. Greenwood (1988) o 4 amendment does not prohibit the warrantless search and seizure of garbage left for collection outside home o No reasonable expectation of privacy for things you ‘expose’ to the public Kyllo v. United States (2001) o Suspected Kyllo was growing weed in his home but didn’t have enough for a warrant o Used thermal imaging technology see if there was an intense heat source using plain view doctrine o Supreme court sided with Kyllo, thermal imaging technology does not count as ‘plain view’ Terry v. Ohio (1968) o Terry stop – said that all we need is ‘reasonable suspicion’ instead of ‘probable cause’ to conduct a search on a traffic stop o Can do a pat down of outer extremities but not personal belongings without consent terms: Tort – a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability Class action lawsuit – when a group of people come together to sue a company instead of just one person Punitive damages – damages exceeding just compensation and awarded to punish the defendant (corporation/person) Compensatory damages – compensate victim(s) for any damages done from the wrongful act (hospital bills) Preponderance of evidence – putting a percentage on who is more responsible for the damages (only in civil court) Crime control model – everything is geared toward speed and efficiency in criminal justice (plea bargaining) Due process model – (obstacle course justice) geared toward every case going to court and going through “due process” (media likes to sensationalize this) Criminal court threshold – guilty beyond a reasonable doubt Civil court threshold – preponderance of evidence Recidivism rate: amount of people incarcerated again after release. About 50% of criminal offenders commit another crime within 1 year of release September 12, 2016 Careers in criminal justice: Police officer o Increasing amount of education for incoming police officers o College educated police officers: are better report writers, receive less citizen complaints Detective/investigator o Have to be a patrol officer before you can be a detective (at local level) o Very stressful Attorney/lawyer o Have to go to law school and pass the bar exam o Put in a lot more than 40 hrs. a week starting out in big law firms Judge o Usually need to be an attorney first o Very competitive Probation/parole officer o Requires a college degree o Probation sentence is alternative to prison, for parole you have already served prison and you have a parole officer Correctional officer (CO) o Works every day at a prison o One of the most difficult of any criminal justice field Federal investigator o Don’t necessarily have to be a patrol officer before o Almost every single federal agency has a criminal detective department TSA Federal air marshal (FAM) – a lot of firearm qualification tests September 14, 2016 Federal investigators US customs and border protection o Protects 1,900 miles of border with Mexico and 5,000 miles of our border with Canada o CBP officer – stationed at ports US secret service o Originally established in 1865 solely suppress the counterfeiting of US currency o Duel mission now: 50% of the time they are protecting elected officials and 50% of the time they are protecting against counterfeiting FBI (federal bureau of investigation) o Must know a lot of the critical languages to get into the FBI US marshals service o Nation’s oldest and most versatile federal law enforcement agency (1789) o Serve as enforcement are of federal court o Apprehend more than half of all federal fugitives, witness protection program, transports federal prisoners, seize criminal property Other careers in Criminal Justice CSI (crime scene investigation) o Need to have a masters/PhD in chemistry Intelligence careers o CIA Private detective (PI) Bondsmen/bounty hunters Clinical psychologist Names to remember: Ted Bundy – killed girls on college campuses, Hannibal Lector from silence of the lambs is based on him Ed Gein – killed women and took their skins Gary Ridgway – Americas most prolific serial killer (48 people confirmed killed), also called the Green River killer Dr. Pat Kirby – first female criminal profiler (Clarisse Starling from silence of the lambs is based off her) September 19, 2016 Psychoanalytic theory All humans have natural drives and urges repressed in the unconscious All humans have criminal tendencies Sigmund Freud was a psychology analytic and said that all humans are inherently criminal Id, Ego, and Superego o Id – contains the deepest darkest drives (where people are inherently criminal) o Superego – is the restrain on the Id, acts as our moral compass (ability to differentiate right and wrong) o Ego – the meditation between the drives of the Id and the restraints of the Superego, ability to make rational decisions (developed later in life) Psychopathology – the study of “abnormal” personality types The PCL-R is the most widely used instrument for the measurement for psychopathic personality, created by Robert Hare September 21, 2016 the psychopath o outer façade of normalcy “convincing mask of sanity” o comes across as likeable, adjusted, and well meaning o only observe the “darker” nature through continued interaction and observation measuring personality o MMPI – the Minnesota Multiphasic Personality inventory, used to assess personality to look for red flags, aim to discover how criminals differ from non-criminals Dark Triad o Group of three personality traits o Narcissism, Machiavellianism, psychopathy o “interpersonally aversive” (distant from intimate interpersonal relationships) narcissistic personality o grandiose self-view o view others with distain or inferior o sense of superiority o lack of empathy o denial of weakness Machiavellian personality o Manipulation and exploitation of others o Cynical disregard for morality o Focus on self-interest and deception o “the end justifies the mean” psychopathic personality o selfishness o callousness o superficial charm o remorselessness main application of community policing is increasing the amount of police foot patrols, because they get to build relationships within community o Kansas City preventative patrol experiment – tested if increasing police presence would lower crime rate. Divided Kansas City into three sectors, one sector they doubled police presence, one sector they left it the same, one sector they completely removed police presence from streets (still had police responding to calls) they found that the level of preventative patrol had NO EFFFECT on crime rate o Policing hotspots/crime hotspots – more policing in high density crime areas rather than having police spread out evenly September 23, 2016 Criminology Demonic theory of crime – crime was said to be result of supernatural forces (spirits, demons) through mid 1700’s Age of enlightenment – gravitation towards scientific thought, shift away from demonic perspective o Aimed at promoting rational thought while opposing superstitions Classical criminology – the first attempt to explain crime through scientific terms o Cesare Beccaria was the first and most prominent ‘classical criminologist’ with his work An Essay on Crimes and Punishment (1764) o Individuals are rational beings (ration choices) o Maximize pleasure and minimize pain (cost/benefit) o Crime is committed by FREE WILL (not evil spirits) o Classical criminology said that unless individuals are deterred, they will commit crimes (specific deterrents like “beyond scared straight” or general deterrents like public hangings) o Three elements of classical criminology: Swiftness of punishment – speedy trial Certainty of punishment – regardless of connections you get punished Severity of punishment – punishments have to be proportionate o “Blind Justice” – law applies equally to everyone positive school of crime (Cesare Lombroso) o you are either born a criminal or born a non-criminal rise of sociological theories o growth of cities and industries (urbanization) o social changes were implicated in the rise of crime o proved there was ‘environmental factors’ that could result in criminal behavior o concentric zone model – said crime was concentrated in middle of Chicago in the “zone of transition” o social disorganization – breakdown of the social institutions in a community causes crime. Poverty, rapid population growth, transiency, etc. increases crime Differential Association Theory (Edwin Sutherland) 1947 o Criminal behavior is learned through interactions with others engaging in crime o This is called learned criminality New biological theories o Looks at genetic inheritance, head injuries, exposure to toxins, and birth complications o No single “crime” gene o They have found a gene that makes people more likely to act aggressively/impulsively (low activity in MAOA gene is called the warrior gene) Dr. Adrian Raine o Expert in neurocriminology September 26, 2016 Biological harms o Environmental toxins: chemical substances and heavy metals are related to more aggressive behavior (like high amounts of lead are linked to lower IQ, hyperactivity, behavioral problems, learning disabilities, violence) Diet and crime o Behavioral issues can stem from deficiencies in: Omega 3 fatty acids Magnesium Zinc September 28, 2016 Sociological theories of crime Forces outside individual control causes crime Sociological theories pertain to environment, group behavior, learning, and society as a whole Rapid expansion of industries and cities caused social disorganization; as a result, environmental criminology emerged Environmental criminology is concerned with crime as a whole instead of individuals o The center focus is on the opportunity to commit crime Broken windows theory – if a community is apathetic towards less serious crimes, the crime rate for more serious crime will increase over time. Apathy v. Upkeep. Says that you have to proactively stay on top of crime to keep it down o Introduced in 1982 by James Q. Wilson and George Kelling
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