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This 11 page Bundle was uploaded by sjloweee on Sunday February 28, 2016. The Bundle belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Winter2015. Since its upload, it has received 64 views.
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Date Created: 02/28/16
2/5/16 When Warrants are not required Consent Your agreement to allow search Plain view doctrine Area visible from the air Plain feel and plain smell Police dogs who sniff luggthe in public places are conducting searches (you are not subject to 4 amendment protections) Weeks vs. United States (1919) Made sure search and seizure was illegal Exclusionary rule is created Huge check on police power Only applied in federal powers Mapp vs. Ohio (1961) Extended the exclusionary rule to the states (via the Due Process Clause in the 14 Amendment) Katz vs. United States (1967) “Right to Privacy” – Does extend outside the home – Telephone booths, public places Private conversations can be made in public places Wiretapping violated privacy and therefore constituted a search and seizure Need a warrant Important: o What a person knowingly exposes to ththpublic even in his/her home or office, is not subject of 4 amendment protection California vs. Greenwood 4 amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home NO reasonable expectation of privacy for trash on the side of the street Kyllo vs. United States (2001) Use of thermal imaging technology to see through the walls The use of thermal imaging technology constitutes a search –did not fall under the “plain view doctrine” K-9 Searches th Sniff by dog is not a search under the 4 amendment Positive alerts by K-9 units are treated as probable casue Florida vs. Jardines is a K-9 unit sniff outside the house a 4-th amendment search? (Need probable cause and a search warrant) Terry vs. Ohio (1968) Based on reasonable suspicion, an individual can receive a “stop and frisk” Terry Stop – applies to traffic stops Motor Vehicle Exception Allows the search of a motor vehicle with a search warrant Examples of probable cause: sight or smell of contraband [plain view and plain smell) Minor traffic violations are not considered probable cause 5 Amendment Grand Jury indictments Grand jury decides whether the prosecution has enough evidence to bring a defendant to trial Probable cause = indictment (formal charging green light to proceed) No probable cause = “No bill” = suspect not charged Grand Juries Prosecutor present evidence against suspect Federal and State Prosecutors 1. Proceedings are secretive [only prosecutor and jury present] 2. Exclusive rule does not apply to grand ury [in order to get an indictment] 3. Prosecutors can choose which evidence present to jury Miranda Warning “Rights” th Miranda vs. Arizona (1966) – protects 5 amendment rights of individuals against self-incrimination Rights read after a person has officially been taken into custody, but before any interrogation takes place o Have to read your rights before intentionally criminating questions [interrogation] Reasons for Miranda Protection against forced confessions Protection against lengthy interrogation with legal counsel Public Safety Exception – can forgo Miranda warnings if there is a threat to public safety [until situation is controlled] Criminal Court Burden of proof – beyond a reasonable doubt Does not mean absolte certainty Quantify – 97-99.9% Reason for so high [Life in prison, high time sentence, death penalty] Civil Court Burden of roof – preponderance of evidence Tort – civil wrong [lawsuits] Quantify – 51% certain Compensation from damages or injuries 2/10/16 McDonald’s hot coffee case Stella Lieback [early 90s] Tort reform: “makes your job harder”; advocates propose, among other things, procedural limits on the ability to file claims, and capping the awards of damages. Punitive damages [large amount of money]: only way you will be able to send these big corporations a message. going to reform their behavior Compensatory damages: compensation for the wrong doing Cases you might be concerned about: 1) LIBOR 2) Monsanto want farmers to use their products 2/12/16 Crime Control vs. Due Process Two competing models of criminal justice administration: Crime Control vs. Due Process. Assembly line – Crime control model Obstacle course – due process model o People like to think you have to jump through hoops/ weave your way through cones o Vast majority ends in plea bargain Crime Control Model “Assembly Line Justice” Speed and efficiency are the main goals Avoids the courtroom, promotes plea bargaining o Pleading guilty with a reasonable expectation of a reduction in a charge (for a lighter sentence) o Cutting a deal think Ali DiLaurentis o Happens all the time Due Process Model “Obstacle Course Justice” Stresses using the adversarial (courtroom) process Strained resources make this model problematic One reason why this isn’t a reality No way we could have every single case go to the courtroom majority ends up in plea bargaining Test Question!! What percentage of criminal convictions come from negotiated plea deals (plea bargaining)? o 90 or 95% of cases end in a plea bargain Benefits of Plea Bargaining Criminal defendants o If they know they will get a harsher sentence in trial, they will take the lesser one. o Maybe they really are innocent, going to trial is unpredictable, so I will take the plea bargain Judges o Clears the docket, overloaded, want to move onto the next, no wasted time in courtroom. Prosecutors o Move on to the next case o Conviction rate plea bargain is a WIN o Instead of wasting 6+ months, they get it done right then and there Defendant? o It’s business, case closed, get your money and move on to the next case. Criticisms of Plea Bargaining Due process concerns, defendants give up their constitutional rights (right to trial by jury) o Plead guilty and don’t get to have case heard before jury! Giving up big rights Sentencing policies and reduces society’s interest in appropriate punishments for crimes o Should get harsher punishment, prosecutor cuts a deal to get it done faster, person gets a lesser punishment. o No justice for victim Legal Cases Boykin v. Alabama (1969) – Defendants must state they made their pleas voluntarily, before a judge can accept the plea. o Not forced to make their plea o Attorneys CAN encourage but cannot force Santobello v. New York (1971) – If the prosecution has promised a lenient sentence as a result of a plea deal, the prosecution must keep their promise. o CANNOT go back on their plea deals! The Goals of Punishment 1. Retribution – “Deserved Punishment” a. If you commit a crime against society, you have to pay that exact debt for the crime. b. Premeditated put to death c. Has to be proportionate d. Plea deals would have NOTHING to do with retribution “Eye for an eye” and “pay their debts” to society The severity of the punishment should fit the seriousness of the crime 2. Deterrence Criminal punishment used as a basis for affecting the future choices and behavior of individuals Potential offenders will consider the costs vs. benefits before committing a crime o Bank robbery example during first week of class General deterrence *– provides an example to the general public that discourages criminal behavior Specific deterrence* – targets the decisions and behavior of offenders who have already been convicted. o Targets repeat offenders o Recidivism: someone has committed a crime, go to jail, get out, a year later commit another crime o Recidivism rate in US: 40-50% o Effects of our deterrents aren’t very good. 3. Incapacitation Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison. Capital punishment is the ultimate method of incapacitation Selective incapacitation – Targeting repeat offenders with longer prison terms (“career criminals”) o Some people just don’t reform. Nothing you can do about it. o Ex: The three strikes law Think My Name is Earl If you don’t learn from the first two strikes, you’re never going to learn. Death Penalty as a Criminal Sanction The US Supreme Court suspended its use from 1972-1976 amid debates concerning the Eighth Amendment (cruel and unusual punishment) Furman v. Georgia (1972) Holding: Supreme Court found that the death penalty was being imposed in an unconstitutional manner Never ruled the death penalty itself to be unconstitutional Which state has the largest total number of DR inmates as of October 1, 2015? o California [743 total] 4. Rehabilitation Goal of restoring a convicted offender to a constructive place in society through training and therapy Focuses on the offender, offenders are treated, not punished Judges should avoid fixed sentences, instead using maximum and minimum guidelines to release offenders when rehabilitated. Which model/ goals does our criminal justice go by/ use? 1. No Plea bargain knocks out retribution 2. No Deterrent not really helpful 3. Yes We’re #1 incarceration rate in the world 4. Maybe 50% are being repeat offenders Furman v. Georgia (1972) Holding: Supreme Court found that the death penalty was being imposed in an unconstitutional manner Never ruled the death penalty itself to be unconstitutional Death Penalty as a Criminal Sanction Which state has the largest total number of death row inmates as of January 1, 2016? (743 total) The U.S. Supreme Court suspended its use from 1972 to 1976 amid debates concerning the Eighth Amendment (cruel and unusual punishment) History of Criminology What is criminology? The “Demonic Perspective” of Crime The dominant theory of crime was the “demonic perspective” up until the mid 1700s Crime was said to be the result of supernatural forces o Spirits, demons, etc. The Shift Away from the Demonic Perspective Age of Enlightenment Cultural movement aimed at promoting rational thought while opposing superstitions Classical Criminology First attempt to explain crime through scientific terms Cesare Beccaria was the first and most prominent “Classical Criminology” with his work, An Essay on Crimes and Punishments (1764) About Classical Criminology Individuals are rational beings (rational choices) Maximize pleasure and minimize pain (cost/benefit) Crime is committed through free will! (not by evil spirits) More About Classical Criminology Unless individuals are deterred, they will commit crimes (specific vs. general deterrence) Classical theory focuses on natural forces that can be observed (absence of effective punishments = more crime) Three Elements 1. Swiftness of Punishment 2. Certainty of Punishment 3. Severity of Punishment “Blind Justice” Law applies equally to EVERYONE Problems with Classical Criminology Are all people rational? Lombroso and the Positive School Argued many criminals were “genetic throwbacks” (primitive people stuck in modern society) Criminals are different from non-criminals Rise of Sociological Theories Growth of cities and industry (urbanization) Social changes were implicated in the rise of crime Forces outside individual control resulted in criminal behavior (environmental factors) Social Disorganization in the City Social change was very rapid Chicago as a case study: o 1833= population of about 4,000 o 1890= about 1 million o 1910= about 2 million Most people worked in factories and lived in crowded living arrangements Upton Sinclair, The Jungle (1905) University of Chicago Research Understanding crime was not an individual basis, but studying the collective group (sociological approach) Researchers focused on traits of neighborhoods in Chicago Ernest Burgess, “Concentric Zone Model” Social Disorganization Breakdown of the social institutions in a community cause crime Poverty, rapid population growth, transiency, etc. Juveniles were especially impacted (gangs, vice activities, etc.) “Learned” Criminal behavior What The Research Showed Crime was higher in the “Zone in Transition” Rates of crime by area remained relatively stable Meaning that characteristics of the areas (neighborhoods), not individuals, regulated crime Finding led to the Differential Association Theory 2/17/16 Lombroso and the Positive School Determinism – idea that most human behavior is determined by factors beyond free will and free choice Lombroso’s idea of the “born criminal” o Biology played the role; you were either a criminal or not a criminal After Lombroso – IQ Testing Era Still focused on individual differences [early 1900s] “Intelligence Quotient” [IQ] developed by Alfred Binet [France] Binet said IQ could be changed and used to help slow learners o Someone has a low IQ and you target that individual and you help them learn and teach them to bring them up to the societal average. IQ Testing – United States H.H. Goddard – IQ used to deport, incapacitate, sterilize and target low- IQ individuals [early eugenics] Goddard believed that IQ could not be changed [static, innate, genetic] Labeled a low-IQ as “feeble-mindedness” o 70 or below Goddard’s “Feeble-Mindedness” Three subgroups for low-IQ individuals [high to low]: 1. “Morons” [score 51-70] 2. “Imbeciles” [score 26-50] 3. “Idiots” [score 0-25] According to Goddard, the biggest threat to the progress of humanity were the morons Goddard’s work resulted in sterilization Believed “morons” were just able to function in society, reproduce, have low IQ babies, lead to the decay of society o The ones that they have to target Supreme Court Weighs In Buck v. Bell (1927) – Discussed the issue of sterilizing low-IQ individuals Upheld the use of sterilization for the purposes of limiting reproduction who were deemed “feeble-minded” (“protection and health of the state”) Sterilization over IQ-scores continued until the 1970s Body Type Theory Mid-1940s – William Sheldon [Model of Somatotyping] Somatotyping – Links body type to risk for delinquent and criminal behavior o Endomorph – jolly/lazy o Mesomorph – risk-taking/aggressive o Ectomorph – introverted/shy Test question: Which body type was linked to criminal behavior? Mesomorph!! Adrian Raine “Neurocriminology” Took groups of psychopaths to see if the brain patterns were the same as non-psychopaths Molecular Genetics Examines variations in genes MAOA Gene – “Warrior Gene” o Low-activity in MAOA gene may lead to aggressive and violent behavior o Forefront of all biological research (monoamine oxidase A) Environmental Toxins Chemical substances and heavy metals = aggressive behavior??? o Lead [high levels] Research has shown that boys with high amounts of lead in their bones had more reports of aggressive and delinquent behavior Diet and Crime Behavioral issues can stem from deficiencies in: 1. Omega 3 fatty acids 2. Magnesium (hyperactive behavior) 3. Zinc (hyperactive behavior) Policy Implications of New Biological Theories If biology (think genes!) is the only cause of crime, offenders will not be deterred by fear of punishment or rehabilitation 2/22/16 Part II: Psychological Theories of Crime Individual differences in behavior and personality characteristics (study of mind) Early childhood experiences are underscored o Personality traits manifesting themselves from something that stems from childhood Psychoanalytic Theory Sigmund Freud (1856-1939) All humans have natural drives and urges repressed in the unconscious. All humans have criminal tendencies The Id, Ego, and Superego Human nature includes instinctual drives that demand gratification These drives involve “pleasure seeking” Irrational, antisocial, and instinctual Freud referred to these pleasure seeking drives as “id” *unconscious* The id is restrained by moral and ethical codes known as the “superego” Children internalize these codes as a result of their attachment to their parents The superego is our “moral compass” What would an underdeveloped superego mean? Adults develop a rational part of their personality known as the “ego” The ego mediates between the drives of the id and the restraints of the superego Leads in making decisions - Iceberg theory Normality vs. Abnormality Normality is defined in negative terms (not psychopathic, not neurotic, etc.) Defining what is “normal” is difficult (something commonly done doesn’t make it normal!!) Accepted norms change over time o Spending hours at a time on social media was “abnormal” in 2009, but “normal” now. Psychopathology Collectively and clinically, we refer to the study of “abnormal” personality types as psychopathology “The Criminal Personality” Researchers have not yet found a single “criminal personality” Focus on identifying personality traits and patterns “Criminal thought patterns” o Chronic lying o Intense anger and aggression o Manipulativeness o Lack of self control Ted Bundy [considered the worst psychopath- o Scored a 39/40 on the test o Appeared “perfectly normal”; “the guy next door” o “good looking” Idaho, Colorado, Utah - Dr. Pat Kirby o First Female profiler o Was used for profiling in a twist for “Silence of the Lambs” o First female to do so - Gary Ridgeway [highest number of conforms] Serial Killers - Lack of remorse - Blood pressure stays the same [when shown horrific photos] Agents have training in clinical psychology - Ted Gein – know for test - Gary Ridgeway – know for test Part III: Sociological Theories of Crime Forces outside individual control causes crime Think of sociological theories as pertaining to environment, group behavior, learning, society as a whole. Brief Review Rapid expansion of industries and cities caused social disorganization Early sociological explanations – examining traits of neighborhoods (University of Chicago) Environmental Criminology emerged as a result Environmental Criminology Concerned with crime as a whole [not individual criminals] The central focus is on the opportunity to commit the crime - Video: climb through unlocked window – Tommy Linsales – can’t reform him, if you let him out, then he’ll just do it again. Broken Windows Theory Environmental Criminology Introduced in 1982 by James Q. Wilson and George Kelling Summary of Broken Windows Fix smaller problems in order to prevent larger problems [more serious crimes] Repair “broken windows” within a short period of time Keep neighborhoods and sidewalks clean Anomie Theory Focuses on explaining why some societies [like the US] have higher crime rates than others Robert Merton theorized the US places a relatively strong emphasis on the goal of monetary success Weak emphasis on the legitimate norms for achieving this goal [like education and hard work] Societies that fail to regulate goal-seeking behavior are said to be characterized by a state of “anomie” or normlessness
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