Test 1 Notes
Test 1 Notes CJ 100
Popular in Intro Criminal Justice
Popular in Criminal Justice
This 10 page Bundle was uploaded by Lauren Blackerby on Sunday October 4, 2015. The Bundle belongs to CJ 100 at University of Alabama - Tuscaloosa taught by a professor in Fall 2015. Since its upload, it has received 38 views. For similar materials see Intro Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
Reviews for Test 1 Notes
I love that I can count on (Lauren for top notch notes! Especially around test time...
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 10/04/15
Lauren Blackerby I Into to Criminal Justice 0 Criminal justice society s response to crime involves three components of the Cj system 0 Crime an intentional act or omission in violation of the criminal law committed without defense or justi cation and penalized by the government 0 Criminology study of why people commit crimes theoretical eld 0 3 main components 1 Law enforcement local state federal 2 Court system criminal state federal civil 3 Corrections prisons juvenile detention o Criminology sections 1 Biological criminology study of genes mapping human genos 2 Psychological criminology pro ling clinical psychology 3 Sociological criminology group or environmental behaviors II Media In uences on the Cj system 0 6 media companies cover about 90 of what we read watch or listen to Controlling the news means you control perceived reality 0 Media sensationalism tendency to present information about crime in a way that provokes public interest and excitement usually at the expense of accuracy 0 Public opinion frequently contradicts ndings from crime data 0 Why sensationalize Fear sells III Trial by media 0 The media reaching a verdict in a case before the jury does Noteable case Casey Anthony Oj Simpson IV The role of public opinion 0 Public opinion greatly in uences political leaders 0 Mass media greatly in uences public opinion Edward Bernays king of propaganda New age of social media has changed everything YouTube Facebook twitter etc o SOPA PIP etc internet censorship Lauren Blackerby V Age Demographics main factor of identifying trends in crime VI VII VIII rate 0 LIBOR Rate Changes in the age makeup of the population are key to the analysis of crime trends 1970 rise in crime post WWII baby boom During the 19905 the 1624 year old age cohort was smaller than it had been at any time since the early 19605 USA has the highest incarceration rate Russia is 2 India is the lowest Annual cost of crime is estimated 172 trillion 183 trillion in national debt London lnterBank Offered Rate Average interest rate calculated estimate by major banks Financial institutions mortgage lenders and credit card agencies set their own rates relative to LIBOR Estimated to affect 300900 trillion Going on since the early 1990 s Deterrence proactively trying to deter criminal behavior New York Fed federal Reserve released documents that showed they were aware that banks were rigging the LIBOR rate Civil suit class action lawsuits by individuals cities and municipalities etc White Collar Crime Full range of frauds committed by businesses and government officials MF GLOBAL BERNIE MADOFF ENRON Where did the money go Offshore bank accounts etc White collar criminality Edwin Sutherland was the rst to publish on this subject in 1940 Father of white collar crime Scholarly community was stunned by the claim that respectable executives physicians and politicians White CollarJobs Frequently violated the public s trust and committed fraud costing millions of dollars Sutherland Views Lauren Blackerby o The distinct criteria for whitecollar crimes 1 Crime had to be committed in the course of the occupation 2 A quotperson of respectability quotandquot high social statusquot undertakes crime IX Why study whitecollar crimes Whitecollar crime and quotsocial costsquot 0 Bad as the economic costs re the more worrisome effects involve lower morale and creation of distrust Ex Financial institutions X Physical costs of whitecollar crime 0 People killed injured made ill 0 Lack of safety regulations 0 Toxins in the workplace toxins released into the community Ex Asbestos Defective products and false advertising ex Pharmaceuticals automobiles etc Campbell39s soup Xl Exposure to Criminal Culture Newcomers arrive for work they soon learn that certain unethical and illegal business practices are normative Resistance to breaking the law treated like the new workers are not quotteam playersquot denied advancement within the company Engaging in shady dealings increased pro ts and rewarded White collar crime is not the result of a quotfew bad applesquot rather a quotrotten barrelquot 0 Case study Ford Pinto i Gas tank placed six inches from the read bumper ii Japanese compacts were coming out and Ford wanted to rush production iii Normalized the risk iv Aware of the design aw refused to pay for a redesign and decided it would be cheaper to pay possible lawsuits Xll Embezzlement The fraudulent conversion of another s property by a person who is in a position of trust Such as an agent or employee EX Accounting embezzlement Xlll Tax Evasion XIV XV XVI XVII XVIII XIX XX XXI Lauren Blackerby o Perpetrator attempts to avoid paying taxes they would otherwise owe o Ranges from ling tax forms with false information to illegally transferring property as to avoid tax onga ons Money Laundering 0 Criminal act od ltering illegally obtained quotdirtyquot money through a series of transactions designed to make the money appear legitament quotcleanquot Bankruptcy Fraud Concealing assets to avoid forfeiting them intentionally ling false or incomplete forms Ex Petition mills Insurance Fraud Refers to any duplicitous acts performed with the intent to obtain an improper payment from an insurer quotHard Fraudquot deliberate destruction of property vs quotSoft Fraudquot exaggeration of assets 0 Life insurance fraud Counterfeiting Someone copies or imitates an item without having been authorized to do so and the passes the copy off for genuine or original item 0 Ex Money designer clothing handbags watches etc Insider Trading 0 Trading of a company s stocks or other access to con dential or nonpublic information about the company Bribery Corrupt solicitation acceptance or transfer of value in exchange for of cial action 0 Must prove quid pro quo l scratch your back you scratch mine Credit Card Fraud 0 Form of identity theft that involves an unauthorized taking of another s credit card information for the purpose of charging purchases to the account 0 Two main types application fraud and account takeoven Phone and Telemarketing fraud XXII Cons XXIII Lauren Blackerby Any type of scheme in which a criminal communicates with the potential victim via telephone Obtain info form the victims when acting like legitament companies fake checks tell them they overpaid Phony fund raising targets tragedies and natural disasters NonExistent home electrical or plumbing repairs says something needs xed when it really doesn t Fortune tellers who persuade people to bury their money to lift the curse Foreign countries to transfer money Car shops charging you for stuff you really don t need White Collar Crime today Bernie Madoff architect of a ponsy scheme MF GLOBAL PFG FINANCIAL Ponsy Scheme fraud reports to be legitament A lot of times it s a cover Shifting around client s money Takes money from new clients and paying it out to existing investors 3 essential components to a ponsy scheme 1 Seems legitament 2 Comes from a well respected individual 3 All eventually end the same way all collapse because of new investors 0 John Corzine MF Global XXIV XXV First Amendment The Great Amendment freedom of speech press assembly religion and petition Guarantees that Americans can share the information they need for a robust public debate on issues and to act on these issues Categorized as freedom of expression As long as it s not a federal funded business they can have rules they decided on Second Amendment Often cited as the quotright to bear armsquot XXVI XXVII XXVIII Lauren Blackerby quotA well regulated militia being necessary to the security of a free state the right of the people to keep and bear arms shall not be infringed uponquot District of Columbia v Heller 2008 2nCI amendment protects an individual s right to posses a rearm in federal enclaves McDonald v Chicago 2010 2nCI amendment applies to individual stated under the due process of the 14th amendment Third Amendment Quartering troops quotNo soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in a manner to be prescribed by law M Fourth Amendment quotThe right of the people to be secured in their persons houses appears and effects against unreasonable searches and seizure shall not be violates and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized quot Warrant written court order instructing that a certain act be carried out Protection against unreasonable search and seizures quotl have nothing to hide officer but I do not consent to any searches at this timequot Probable cause legal justi cation for an arrest search or seizure based on sufficient reason to think a crime has been committed quotReasonable conclusionquot Search warrants authorities have to go before a neutral judge or magistrate and demonstrate probable cause Exclusionary Rule prohibits courts from considering illegally obtained evidence Fifth Amendment Protects you against giving evidence against yourself via confession 39plead the fifthquot Protection against selfincrimination Miranda rights Double Jeopardy doctrine prevents authorities from trying you twice for the same crime Same level XXIX XXX XXXI XXXII XXX XXXIV XXXV XXXVI Lauren Blackerby court can be tried in any other court except the same Guarantees quotdue processquot Constitutional guarantee of fairness and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one s life liberty and property Sixth Amendment Guarantees criminal defendants the right to a fair trial Ensures that defendants are brought to trial soon after they are charged quotSpeedy trialquot 0 Trials are held in public 0 Fair and impartial jury Seventh Amendment 0 Speci cally deals with the civil court 0 Right to a jury trial in civil cases 0 Much lower threshold Eighth Amendment 0 Protection against cruel and unusual punishment 0 Protection against excessive nes No constitutional right to bail Ninth Amendment 0 Provides exibility of the constitution Just because a particular right is not mentioned does not mean that it doesn t apply quotUnremunerated rightsquot 0 Right to privacy Tenth Amendment 0 States rights not speci cally mentioned in the constitution quotEssence of federalism division of power between state and federal governments Fourteenth Amendment Guarantees due process and equal protection 0 Due process clause 0 Equal protection clause Habeas Corpus Fundamental safeguard for individual freedom against an arbitrary government Bills of attainder Legislative act declaring someone guilty of a crime and imposing punishment on absence of trial XXXVI XXXVI XXXIX XL XL XL XL Lauren Blackerby Ex Post Facto Laws 0 Constitution prohibits congress from passing of ex post facto laws 0 Any law that punishes an act that was not criminal when committed Schenk v US 1919 0 Established the quotclear and present danger test Falsely shouting re in a public theatre Limits on free speech Brandenburg v Ohio 1969 0 Government cannot punish in ammatory speech unless that speech is directed to inciting and is likely to incite immense lawless action ex Riot o The Brandenburg test 1 Intent 2 Immense 3 Likelihood When warrants are not required Consent 0 Plain view doctrine Includes areas visible form air 0 Plain feel and plain smell 0 Police dogs who sniff luggage in public places are not conducting searches not subject to 4th amendment protections Weeks v US 1914 Exclusionary rule is created 1914 0 Huge check on police power 0 Only applied to federal cases Mapp v Ohio 1961 0 Extended the exclusionary rule to the stated via the due process clause in the 14th amendment Katz v US 1967 Keyissues 0 Right to privacy does it extend outside the homes telephone booths public places etc 0 Do you need physical intrusion to constitute a search Ex Wiretapping Ruling private conversations can be made on public places XLIV X LV XLVI XLVII XLVIII XLIX Lauren Blackerby Wiretapping violated privacy and therefore constituted a search and seizure unreasonable need warrant Think about the evolution of technology cell phones What a person knowingly exposes to the public even in his own home or office is not subject to fourth amendment protection California v Greenwood 1988 4th amendment does not prohibit the warrantless search and seizures of garbage left for collection outside the curtilage of the home No reasonable expectation of privacy for trash on the side of the street Kyllo v us 2001 Use of thermal imaging technology to see through walls The use of thermal imaging technology constituted a search did not fall under the 39plain view doctrinequot K9 Searches Sniff by a police dog is not a search under the 4th amendment US v Place 1983 Positive alerts by k9 searches are treated as probably cause Florida vJardines 2013 o Is a k9 unit sniffing outside of the house a 4th amendment search 0 Search required both probable cause and a search warrant Terry V Ohio 1968 Based on reasonable suspicion am individual an receive a quotstop and friskquot quotTerry stopquot applies to traffic stops as well If you give consent you waiver your 4th amendment rights Motor Vehicle Exception Allows the search of a motor vehicle without a warrant still need a probable cause Examples of a probable cause sight or smell of contraband plain view plain smell Minor traffic violations are not considered probable cause Criminal court Burden of proof beyond reasonable doubt Does not mean absolute certainty L Civil court 0 Lauren Blackerby Quantify 97999 Reason the threshold is so high The government state or federal brings suit against persecutes a person whom they believe has violated the law the defendant ex People of the state of California prosecutionplaintiff v Orenthal James Simpson defendant OJ Simpson Burden of proof preponderance of evidence Slightly tipping the scales ofjustice Tort civil wrong lawsuits Quantify 51 501 Compensation from damages or injuries One party plaintiff who feels they were harmed tort brings a complaint against another party defendant Ex Liebeck plaintiff v McDonalds Restaurants defendants
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'