Exam 1 Notes
Exam 1 Notes CJST 240
Popular in Into to Criminal Justice
Popular in Criminal Justice
This 16 page Bundle was uploaded by Desiree Clark on Monday October 5, 2015. The Bundle belongs to CJST 240 at Iowa State University taught by in Summer 2015. Since its upload, it has received 35 views. For similar materials see Into to Criminal Justice in Criminal Justice at Iowa State University.
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Date Created: 10/05/15
The Limits of the Criminal Sanction Herbert Packer 1968 Crime Control Model 0 Assumes that freedom is so important that every effort must be made to repress crime 0 Failing to repress crimecriminals contributes to societalmoral breakdown and decay O Emphasis is on efficiency and finality in the apprehension prosecution and disposal of criminals O Cuttothechase mentality or assemblyline justice 0 Plea bargaining is preferred to resourceintensive trials 0 Presumption of guilt the process of being arrested and charged is itself indicative of one s guilt ie innocent persons are not arrested 0 Assumes societal consensus Durkheimian and thus holds the protection of public order paramount 0 Law amp order mentality O Conservative 0 Republican Due Process Model 0 O O O O O O Assumes that freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information Emphasis is on the adversarial process the rights of the defendant and formal decision making Obstaclecourse justice where successive stages are designed to present formidable impediments to carrying the accused any further along in the process Protection of the innocent is as important perhaps more as convicting the guilty Skeptical of the ability of human beings to objectively and accurately adjudicate visceral events like crime e g skepticism of eyewitness testimony Stigma and deprivation of liberty are viewed as grave costs and thus the state must proceed judiciously Governmental power is always subject to abuse Based on doctrine of legal guilt and the presumption of innocence Assumes societal con ict Marxian and this holds the preservation of individual and now group rights paramount Civil libertarian mentality Liberal Democratic What explains Kenneth McDuff s Conduct Psychopathy ChecklistRevised PCLR created by Dr Robert D Hare Subjects receive 0 l or 2 points per item during diagnostic interview with clinician interview takes several hours Most scholars use 30 as minimum criterion for clinical psychopathy Factor 1 Interpersonalaffective traits a Glibnesssuperficial charm a Grandiose sense of self worth 3 Pathological lying a Conningmanipulative 3 Lack of remorse or guilt a Shallow affect a Callouslack of empathy 3 Failure to accept responsibility Factor 2 LifestyleSocial Deviance traits El El El El Need for stimulationproneness to boredom Parasitic lifestyle Poor behavioral control Early behavioral problems Lack of realistic longterm goals Impulsivity Irresponsibility Juvenile delinquency Revocation of conditional release Promiscuous sexual behavior Many shortterm behaviors Criminal versatility The Foundations of Criminal Law Substantive criminal law a law defining the acts that are subject to punishment and the specification of the appropriate punishment of those acts Procedural criminal law a law defining the procedures that criminal justice personnel must follow throughout all spheres of the justice system Civil law a law regulating relationships between individuals such as business contract property estates etc Sources of Criminal Law a US Constitution supersedes any state law a Common law tradition such as unanimous juries u Statutes created by legislatures a Case law based on similar precedent stare decisis u Administrative orders or regulation Crime Corpus delicti a Mens rea guilty mind or criminal intent u Actus reus actual behavior or guilty act u The concurrence of these two in time and space sometimes referred to as necessary attendant circumstances Mens rea states of mind in descending order of mental fault u Purposely conscious desire to cause criminal harm a Knowingly awareness that criminal harm will occur a Recklessly conscious disregard of harm or injury a Negligently should have known that conduct would cause harm also known as Vicarious liability u Strict liabilityabsolute liability no intent is needed for example parking Violations Actus reus inchoate or anticipatory offenses u Attempt conspiracy or complicityaccomplice Other Features of Crime u Causation causal relationship between actor and act a Harm personal property or societal Victim and punishment u Legality violation must already be on the books and cannot be charged ex postfacto u Specificity void for overbreadth Legal Defenses Alibi Latin for elsewhere disrupts the attendant circumstances can t be two places at once J ustifications crime was admittedly committed to avoid a worse situation a Selfdefense can apply to selfprotection defense of others and defense of property a Deadly force only used to guard against severe and immediate threat a Necessity u Consent u Resisting Unlawful Arrest Excuses u Duress exigent inducement El AgC u Mistake Ignorance of the law is no excuse u Unconsciousness involuntary intoxication provocation a Insanity Insanity lacking the capacity to appreciate the wrongfulness of one s behavior El M Naghten Rule 1843 I didn t know what I was doing cannot discern right from wrong Irresistible Impulse 1897 could not control one s conduct Durham Rule 1954 persons are not criminally responsible if their actions are the result of mental disease or defect u Prosecution must show that crime was caused by mental illness United States v Brawner 1972 a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect she lacked substantial capacity to appreciate the criminality of the conduct or conform conduct to the law Guilty but mentally ill 1975 although mentally ill defendants had sufficient mental faculty to be morally blameworthy for their actions Temporary insanity Diminished capacityresponsibility eg using low IQ to reduce murder manslaughter Procedural Defenses u Entrapment police misconduct a Double jeopardy u Prosecutorial misconduct Innovative defenses u Abuseadversity poverty battered woman syndrome Summary Law is the codification of a society s values beliefs and norms regarding justice and What is appropriate and wrongful conduct Traditional common law case law or precedent legislated statutes and the U S Constitution form the bases of criminal law Laws encompass proscribed behavior that varies in its seriousness and the degree to which the criminal justice system will respond to its violation An illegal act actus reus coupled with criminal intent mens rea that concurs in time and space results in crime corpus delicti There are numerous defenses against criminal liability including alibis justifications excuses and conditions such as insanity that compromise mens rea A variety of doctrines customs and court cases have been developed relating to the insanity defense Despite public hype and concern insanity defenses are rarely attempted and often unsuccessful Procedural defenses protect the accused from violations of due process by agents of the criminal justice system Although law is codified and exact the application of the law and defenses against the law are variable subject to interpretation and inexact The American Criminal Justice System Not a monolithic system per se instead the aggregate of overlapping local state and federal agencies Decentralized lacks coherence and demonstrates great variation across jurisdictions Police are the most visible and important agents in the criminal justice process Overwhelmingly the police react or respond to crime after its commission they do not often preclude or prevent it Most often people get away with crime Police are specialized experts and policing is a job Both of these points are profound and have deep implications for what we think about police and criminal justice generally Probable cause What are evidence common sense experience reporting witnessesparties logic etc telling us This person probably did it The courts determine how well the police did their job The state s job is to prosecute criminals and protect society The defense s job is to throw constitutional hurdles and disrupt the ability of the state to meet its burden of proof beyond a reasonable doubt The process is adversarial NOT TRUTH SEEKING Defendants are found guilty or not guilty which is different than guiltyinnocent Ask O J Simpson Primarily for fiscal reasons the guilty experience innumerable chances with intermediate sanctions before going to prison 3 Prison is the literal and symbolic end of the justice system Examples of Slack in the Criminal Justice System Rand Inmate Survey of Convicted Armed Robbers Average Duration of their first five incarcerations 1St prison term 24 years 2nd prison term 33 years 3rd prison term 30 years 4th prison term 37 years 5th prison term 57 years Based on California Department of Justice Data 77 of murder 44 of rape 42 of robbery and 6 of aggravated assault convictions result in prison sentence In one year of 34 million felonies committed in California just 3 million felonies actually entered the criminal justice system In other words 91 of serious crimes went unpunished Using UCR and NCVS data Michael Block found that only 13 of arrests for IndeX crimes ended in felony conviction and about 1 of IndeX crimes murder rape robbery aggravated assault burglary arson auto theft larceny actually resulted in imprisonment although the probability varied between offenses Epidemiology of Crime Age 3 Youthfulness is a primary risk factor for crime and delinquency a Youth have great involvement with peers and are extremely susceptible to peerpressure and social coercion u Adolescence is laden with insecurities about social status it is the tenuous middleground between childhood and adulthood u Hormones and biology also play an important part SeX u The reason that crime is so maledominated is a combination of nature and nurture a Males are biological more aggressive and violent than females a Female crime and delinquency has traditionally been sexualized evidenced by the female arrests for prostitution and running away a Differential criminal justice treatment by seX gender is the most common form of differential treatment Raceethnicity a Crime is circumscribed by social interaction Thus crime is mostly intraracial and intraethnic a Convergence of official and victimization data argue strongly for actual raceethnic differences in offending a Residual forms of bias or differential treatment do eXist and will probably never be eradicated The When and Where of Crime a Crime usually occurs during routine activities of life when a motivated offender suitable targetvictim and absence of police cooccur u The criminal justice system could be understood as responding to the drinking behavior of young males u The most dangerous time of day for juveniles is the hour after school is released about 34pm u The most dangerous time of day for adults is approximately 10pm3am a Crime and its control are responsive to social conditions and other mundane circumstances such as weather a The rain is the police officer s friend a Due to weather and police preparedness holidays such as July 4th New Year s Eve and Memorial Day net many arrests especially OWI u Holidays such as Thanksgiving and Christmas net very few arrests only for the most serious offenses u Moreover criminal justice practitioners are not pleased to deal with criminal offenders on these days
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