Intro to Criminal Justice notes from full semester- Buntman
Intro to Criminal Justice notes from full semester- Buntman SOC 1003
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Intro to Criminal Justice August 25, 2014 Conflict in Ferguson Missouri Ferguson Missouri: last week, a white police officer shot an unarmed African American. Little is known about what exactly happened between the two men. There have been large local responses. Images of some of these responses look like a warzone. Issues Raised by this: Race in general (white police officer vs. black victim) Was Brown a victim? A suspect? A citizen? A person? Do police officers use force excessively? What is the appropriate use of force? There are competing accounts of what happened Sensationalization by media: small town, big news What has been the official response? Legal? Non-legal? How do we understand this issue? Law enforcement is becoming very militarized Republicans are critical of military use. So are libertarians in the democratic party. They both fear the government having too much authority over it’s citizens. Why do police need to hear from witnesses in the community? Witnesses are the primary source of evidence. When you try to bribe people or coax information out of them, they very well may give you false information. Beating people up for information could also lead to false information (it is also illegal and unethical). In the case of obstruction of justice, there is usually distortion as apposed to merely refusing to give information. Not everybody has a legal obligation to report certain things to the police. When police don’t have good relationships with the people in their communities, they cannot properly do their job. Security cameras and technologies help police identify suspects. Homicides have more accurate accounts than other crimes because there is a body that is hard to get rid of. Also, people tend to file missing persons reports. There is a difference between the number of crimes reported and the number of crimes committed. There can be an increase in the number of crimes reported, even when there are less crimes occurring in general. Car crimes are reported more often than other crimes. This is largely because everybody has car insurance. You can’t drive without car insurance. The cost of replacing a stolen car is covered by this insurance, but the insurance company will only give you the money to replace the car if you file a police report. Therefore, people have greater incentives to report stolen cars. Example Test Question: What changes have occurred in police strategies? Answer: leadership. DC has improved it’s police leadership over the last decade. The current police chief is a white woman, but is very well liked despite being a different race than the majority of the people she’s policing. The police have been diversifying. Is racism still prevalent today? In the article “A Collection of Race Hustlers”, the author notices that there is still racial inequality in the US today. However, this may not be his main argument. A good author includes many perspectives. The author of this article does not think that racism is the real issue in the case of Brown. There is a big divide in the US as to whether people think the case of Brown has to do with race. These divides are primarily among ages and races. The article “White America’s Racial Blinders” (which is also an opinion piece), discusses the divide between how Americans view the situation in Ferguson. Courts don’t generally find people innocent! They find them “not guilty”. There are some legal standards that require law enforcement to use force. American citizens not in law enforcement are not encouraged to use force. In Florida, the law is to “stand your ground”. Civilians have the right to use force if they feel threatened. Zimmerman used this to convince the Florida court that he was “allowed” to shoot Trevon Martin. In democracies, public opinions count. There needs to be more democratic (as in citizens having a voice) influence in the US. Criminal Justice September 2, 2014 Myths, Facts & Misperceptions about crime Most police officers will go through their whole career without ever having to use their firearm. When police do use their firearms, it is very rare that they use them to kill. There are in actuality very few jobs that profile serial killers. This is because there just aren’t actually that many serial killers out there. You more commonly see this on tv. Only about 3% of felons in jail have been convicted for murder. You’re much more likely to have a repeat robber than a repeat killer. This is because murder is often a crime of passion. Most often, victims of sexual assault are assaulted by somebody they already knew. It is a myth that juveniles are particularly dangerous. Juvenile crimes in the US have actually been on the decline in recent years. Dangerous juveniles are often depicted as male and black. Race does not equal black. Gender does not equal women. It is a misconception that the greatest danger (especially for children) comes from strangers. Penn State hid the fact that they had a pedophile in their midst. Many institutions hide illegalities. Why might a university or corporation not report something to law enforcement? Image preservation: if they report an illegality, they will receive negative attention Noble reasons: if a company fires an employee for stealing, they might not report the person to law enforcement because they don’t want to punish the person any more. They’ve already been fired. Practical reasons: reporting them to law enforcement would drain resources and time. People are not required to report most things to law enforcement. If an employee steals from their company, the company does not have to report it to law enforcement if they don’t want to. Enormous efforts are made within institutions to hide criminality for the reasons listed above. Defining crime: a crime must be defined by criminal law, and have an attached punishment. A crime is a human act of commission or omission, which violates the law and is punishable by law. Most crimes do not result in prison as a punishment. They result in punishment throughout the community. Ex post facto: the law can’t outlaw something after the fact. This protects citizens from government abuse. Most crimes are crimes of commission- they are things you actually do (kidnapping, stealing). Occasionally, crimes can be crimes of omission- a crime for not doing something (such as not reporting a conspiracy that you know is occurring). The terms sin, anti-social act, deviance and delinquency are usually overlapping but are not synonymous concepts. Delinquency is usually associated with juvenile offenses. Example: in the US, adultery isn’t a crime, but it may be a sin. Status Offense: a violation of criminal law that can only be applied to juveniles. For example, running away, drinking alcohol, possessing tobacco (truancy). Anti-Social Act: an act that is not in the best interest of society, such as loitering or picking your nose. Criminal Justice September 2, 2014 The Criminal Justice System There are 3 components/pillars of the criminal justice system: Law Enforcement Courts Corrections In addition to these 3 pillars, other shaping forces include economics, law, and social values. Media’s influence: historically, the most important media influence was probably news media such as the newspaper or tv. Today, entertainment media of various types is arguably very influential. Mass incarceration Role of Politics/ Media: in the mid 1970’s, politicians realized that telling people crime was a big issue and that they could make laws to fix it would get them votes. They turned more things into crimes and increased punishments. The crime rate went up since more things were considered a crime. People’s fears did not decrease. The general public gets their information from tv, entertainment sources. This makes people misinformed or gives them a distorted view. What will the increasing fragmentation of media/entertainment do? News, blogs, tweets, tv shows etc… are very fragmented. They expose different people to different things. Federalism: Dual power Power is divided between a central (national) government & a regional (state) government. Dual system is largely (but not completely) parallel. The power of federalism: there is a national government with certain powers & a state government with certain powers. The federal criminal justice system plus the 50 state criminal justice systems creates a total of 51 criminal justice systems within the US. There are often great differences between and among local and county criminal justice systems, even within the same state. The State’s criminal law and criminal justice systems account for much more of what we think of as “The American Criminal Justice System” than the Federal system does. A crime is more likely to be defined and investigated by the state system than it is by the federal system. Federalism and the Federal Justice System are not the same!!! Marijuana use is illegal under federal law, but is legal under some states laws. Some states have decriminalized the use of marijuana. Colorado and Washington have fully legalized the recreational use of marijuana. Some states have partially legalized marijuana for medical use. Decriminalizing something is not the same is legalizing it. Decriminalize: when you change the legal status of something that was illegal under criminal law to make it legal under criminal law. Legalize: turns something ambiguous or illegal into something legal under law. Often legalizing something comes with regulations (Who can buy it? Age restrictions? How much can be purchased?). Decriminalizing something can be ambiguous. When something is decriminalized, it might still be illegal by law, but officials can choose to ignore it. Even if the actual law doesn’t change, the way that public officials deal with the crime can change. This is “unofficial decriminalization”. Partial Legalization: making something legal for certain individuals with certain conditions. The state law isn’t supposed to contradict or undermine federal law. Federal Law is supposed to be supreme. In 1954 when Brown v. Board occurred, state laws had allowed legal segregation. Tumult occurred as there were attempts to bring the new federal law and old state laws together. The federal government can accept a state choosing to instill a different law. But they rarely do this. The federal law allowed states to legalize marijuana if they wanted, even though it contradicted federal laws. Why? The federal government might not think marijuana use is a huge problem. They might view the current federal law about marijuana as an inherent law. Lack of resources Lack of political will: the fight to legalize marijuana is not worth picking. They don’t want to upset key constituencies. After Brown v. Board, the federal government did not do much to end segregation, even though it was the law. They didn’t begin to get serious until the 1960’s with the Civil Rights Act and Voting Rights Act. September 11 September 16 Models of the Criminal Justice System The idea of models: they are a representation of what something is supposed to look like. They can be 2D, 3D, visual, non-visual. They can’t show everything. They are partial. They can’t grasp every feature. Different models highlight different features. They focus on different elements. The Criminal Justice Wedding Cake Model: The celebrated cases often involve famous people. For example, the OJ simpson trial. OJ Simpson was already known for various things. The actual crime he committed may not have gotten the case attention, it was the fact that it was him. Paris Hilton getting a DUI is also a celebrated case. The other type of celebrated case occurs with somebody who is not famous. In these cases, the crime is so heinous and shocking that it receives public attention. We focus disproportionately on celebrated crimes, even though they are the rarest. These crimes aren’t representative of how the criminal justice system works. Most celebrated crimes involve a trial. Most crimes in general do not- they involve a plea bargain. It is NOT easy for defendants to avoid punishment through plea negotiations. Many avoid trial through plea negotiations, but they don’t avoid punishment. Many plead guilty to rape or murder and don’t go to trial, but they can still go to jail for life. The only thing you can’t be sentenced to through plea negotiations is the death penalty. In recent years, the supreme court said that in order to get the death penalty, you HAVE to have a jury trial. ***The big take home of the wedding cake model is that there is a distorted view of the criminal justice system by focusing on the celebrated cases. They’re the most atypical, and the least illustrative of how the criminal justice system actually works. Context matters in terms of what is publicized/ what goes viral. It is dependent on what else is going on in the news at the time. Some stats on crime: WAY more crime occurs than ever enters into the criminal justice system. We talk mostly about what happens inside the criminal justice system, and not enough about the crimes that don’t enter the criminal justice system. Only a small portion of crimes are actually reported and observed. Criminal Justice Funnel: The conventional wisdom is that the vast majority of criminals do not face punishment. Of 1087 serious crimes, only 48 go to jail. Crimes aren’t punished often enough. This is a fact, but… Of 1087 crimes, 641 go unreported (according to the data these authors found) Of crimes that are reported to law enforcement, about 75% remain unresolved. The number of crimes that police believe are solved is the known as the closure rate. Usually, the closure rate is close to the arrest rate. Of the 446/1087 crimes reported, 346 go unresolved. About 100 of the crimes lead to arrest. Therefore, the police rate of arresting likely offenders is 100/446. Of the 100 arrested, about 69 are prosecuted. Those who are prosecuted have to answer to those allegations in a court of law. In sum, only about 10% of people who commit serious crimes are arrested, but of those who are arrested, about 70% are prosecuted. Many give up their right to a trial and accept a plea bargain. They are convicted and receive criminal punishment (although this does not necessarily mean jailtime). The only way to avoid punishment after prosecution is to be acquitted, or to go to trial and have the prosecutors drop the charges. Fran Buntman’s modified funnel model: Takes into account that people in the punishment system are typically on probation/ in jail for long periods of time. In the data system we looked at, most people were not punished on the community level. But in actuality, most are sent to the community punishment system. Buntman’s funnel model would look at minor crimes in addition serious crimes. A filter funnel/funnel? Or the opposite? African Americans account for 13% of drug users, 35% of those arrested for drug crimes, 55% of those convicted & 74% of those with prison sentences. There is an opposite process for African Americans. At each stage of the process, they’re more likely to be kept within the system. They are more likely to be arrested, then convicted and then sentenced to jail. Crime Control & Due Process Models of Criminal Justice (H. Packer 1968): These are two sides of the same coin: how to achieve freedom recognizing both 1. The power of crime to undermine freedom, especially in terms of practicalities of daily life. 2. The power of the state (government) to undermine freedom through it’s control of the criminal justice system. But these lead to different emphases. Crime Control Model: A model of the criminal justice system that assumes public safety is so important that every effort must be made to repress crime. Emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict and dispose of a high proportion of offenders. For example, Is there illegal drug use in GW dorms? Yes. Does the school know? Yes. Could they stop it or take measures? Yes. They could take urine samples every single day, bring in drug dogs or expel kids. Would drug use decrease? Yes. However, so would enrollment. The students (including those who don’t use drugs) would feel oppressed. Societies that rule through law need to balance both order and liberty. We want order, but we don’t want to take away freedom. Due process: fair, transparent methods the government must follow to make sure that people are protected from government abuse. This is why suspects must know that they have the right to a lawyer. This model assumes that government power in the criminal justice system can thwart individual liberties if not properly checked by due process. Authoritarian rule & transitions to democracy arguably demonstrate the limits of either emphasizing crime control or due process. We need both. Raises core questions of balancing rights in constitutional law. When countries become democratic, we see that crime increases. As freedom increases, so does crime. At what point do we say that we’ve given too much liberty or that we’ve taken too much away? The article we read talks about how police have too much ability to abuse the system. Citizens can’t really challenge police misconduct/illegality, which gives them an unfair advantage. September 18, 2014 Classifying Crime Many different typologies of crime are possible. The typology here includes crimes that are: Visible crime Occupational crime (white collar, fraud) Organized crime Political crime Victimless crime This is how we tend to look at crime around the world. Visible Crime: Also known as street crime or ordinary crime. Can be anywhere from shoplifting to homicide These are the hardest crimes to hide and are the least profitable Violent crime, property crime, public order crimes 1. Violent crime: Robbery 2. Property crime: Burglary 3. Public order: limits on marches etc… 4. Public morals: gambling, prostitution The US has the highest rate of violent crime. The fears of violent crimes are greater than the realist. They also tend to occur in clustered groups. Property vs. Violent Crime: The role of violence or threat when defining crime legally: Ex: theft of a car (property) vs. carjacking (violent) Larcency-theft /taking property (property) vs. robbery Burglary is non-violent, but specifically involves entering a premise (usually a home, sometimes an office), typically to steal. What we consider property crime: Property vs. white collar, occupational & related cyber crime White-collar crimes: Occupational realm, nonviolent Can take place through computers: internet scams Could be a car company purposely over billing you for a repair, could be you claiming that you earn more than you do in order to get a loan. More than 5% of US citizens are likely to be victims of white- collar crime. It is VERY hard to get stats on white collar crime because you don’t always know you’re even being tricked, and people are less likely to report white collar crimes. Victims of white-collar crimes are more likely to report them to financial institutions than they are to law enforcement. Poor people are often targeted. Bernie Madoff: Ponzi scheme. He was a successful criminal until he got caught. He made billions of dollars by stealing money from his client. He used money from new clients to pay for old clients. The old clients thought they were receiving money from investments and interest. Much more than 5% of US citizens are likely to be victims Occupational Crime: Criminal offenses committed through opportunities created in a legal business or occupation. There is often difficulty in deciding legally, sociologically and ideologically what counts as an occupational crime and what doesn’t. Ex: what, if any criminal activities were behind the great recession and the 2008 financial crisis? There were a lot of large companies that committed crimes but the companies were too large to punish. White collar and occupational crimes are even more undercounted than ordinary/visible/street crime. Vested interest in institutional secrecy Often white collar crimes are viewed as shrewd business acts rather than illegal acts. Often includes cyber crime: the use of computers and the internet to commit crimes such as stealing information, money, trafficking porn, fake charities etc… Cyber crime is NOT always occupational crime. For example, child porn is not occupational crime, but it is cyber crime. September 11 Effects of September 11 on Criminal Justice September 11, 2001 had an effect on reorganizing the US. The department of Homeland Security should have a high degree of coordination between the local, state and federal governments. A problem during 9/11 was that there was not a high level of coordination. The conflict between the CIA and the FBI made it more difficult to detect the 9/11 plot before it occurred. The US has not been following information they already had. The flight schools had reported the two middle easterners learning to fly but not how to land to the FBI. The information never left the FBI. If information can’t be used properly it can’t help. The airports also had poor screening. The terrorists should not have been able to get box cutters onto the plane. In addition, airports were supposed to alert Law Enforcement if anybody bought a 1-way airplane ticket in cash. The terrorists had done this, but were not reported. The sniper shootings in 2002 serve as another example. Two men randomly went around DC, Maryland and Virginia shooting people out of a hole in the back of their van. The car would drive by, somebody would be shot, and nobody would be able to tell where it came from. There were many incorrect initial assumptions. The men were not driving a white van. There was more than one person. The people were not white. A higher level of coordination due to 9/11 allowed police to solve this crime. Laws/Rules don’t work if people aren’t following them. 9/11 made people start to follow rules more strictly. Police Shootings Tv/movies create myths about police shootings A NYPD case study (2011): In NYC in 2011, there were 92 incidents in which cops fired weapons. 19 people were injured. 9 were killed. 2 police officers were killed. 3 police officers were injured. This data is self-reported by the NYPD. People will interpret this data differently. Black people were more than 10 times as likely to be injured by a white officer than white people were. They were 5 times as likely to be killed A national reality police across the US disproportionally shoot/ shoot at young black men. Between 2005-2012, about 400 people were killed per year by police action: Since the data is self-reported, it is likely undercounted. Not all police departments choose to give data. The self-reporting identifies them as “justifiable homicide” The victims are disproportionately young, male and African- American The data are incomplete and impartial. There is a Facebook page called “Killed by Police” that attempts to obtain an accurate count of people killed by police. According to this data, closer to 1000 people are killed per year by police. However, whether these are “justifiable homicides” is debatable. The FBI is not trying to distort things. They just are reporting the information that has been given to them. There is no audit or independent assessment What is the best method of policing? Comparisons within the US Comparisons between the US and other countries Options/ alternatives In other countries such as England, law enforcement officers don’t carry around guns. This makes it less likely for criminals to use guns. School shootings: do they show that more people are obtaining guns? Should school teacher be allowed to possess guns? How do we define the cause of an unnatural death? The police officer and coroner might have conflicting opinions. How is it best to police? How did the swat team emerge? There is an increased use of community policing today. SWAT team: special weapons and tactics. Supplementary Materials Videos on How to Deal With Police: Stay cool and collected when encountering police. If you act scared or angry, the police may react angrily. Assert your rights!!! You have to right to remain silent. You have the right to a lawyer th The 4 amendment gives you the right to say that you do not consent to searches. Police need probable cause in order to search you. Police can try to trick you into giving them permission to search you. So assert your rights. If you consent to a search & the police damage your belongings, they do not have to compensate you. If police search you without your consent, your lawyer can use this to help you in court. If police have reasonable suspicion that you’re involved in a crime, they have the legal right to detain you for a short period of time. They have the right to pat you down if they have reason to believe that you’re concealing a weapon. If you aren’t driving and are walking in the streets, you are not required to carry an ID. If you’re going to report police misconduct, do it immediately, and do not tell them that you’re going to do that. Don’t ask for their badge number. If police knock on your door and want to come in, you have the right to say no. If they don’t have a search warrant, they can’t come in unless you give them permission. Current events pertaining to criminal justice: Sexual abuse on college campuses Decriminalization of marijuana Gun violence Sample Test Questions: 1. True or False: police can believe they’ve solved and closed a case (identified the likely culprit) without an arrest or charge. 2. SWAT is associated with: A. Special Weapons Attack Team (acronym in full) B. Special Weapons and Tactics (acronym in full) C. A militarized approach to law enforcement D. An approach to law enforcement that arose with the Department of Homeland Security after 9/11. E. A, C, & D F. B & C 3. True or False: Federalism refers to the fact that federal criminal justice is more important than state criminal justice. 4. True or False: Robbery is best classified as a property crime, because it involves stealing (or attempt to steal). 5. True or False: Erwin Chemerinsky argues that the Supreme Court’s rulings have greatly helped citizens use courts to keep police accountable. 6. When numbers are put into the criminal justice funnel, we see that: A. Police have a high rate of arresting likely offenders B. Prosecutors have a high rate of prosecuting those who are arrested C. Most crime is white collar crime D. It is very easy for defendants to avoid punishment by plea negotiating E. All of the above 7. Media and public focus on celebrity crimes is best captured in which of the following models? A. Wedding cake model B. Christmas cake model C. Due process model D. Criminal justice funnel E. Crime control model 8. Which do you think is likely the most accurate statement? A. About 5% of people in the US are ever likely to be a victim of white collar crime B. The most common form of white collar crimes were Madoff-like ‘Ponzi’ schemes C. Victims of white-collar crimes are more likely to report those crimes to financial institutions than law enforcement institutions. D. Poor people are unlikely to be victims of white-collar crime because they have few financial assets to steal. Criminal Justice Unit 2 ZIMBARDO My Notes from “Psychology of Evil” ted talk: Lucifer Effect: understanding human transformations of character. Evil: The exercises of power to intentionally harm, hurt, destroy, or commit crimes against humanity. Abu Ghraib Prison: soldiers took advantage of their power violently and sexually abuse prisoners. How do psychologists understand transformations of human character? Dispositional: the bad apples. The bad behavior comes from within the individual. Situational: the bad barrel. The transformation comes from external forces. Systemic: the bad barrel makers. Political, economic and legal power forces create the transformation. Milgram Study: tested 1000 normal people to see if they could be manipulated into hurting other normal people. 2/3 people shocked others at 450 volts. Almost everybody could be manipulated into administering the shocks. Stanford Prison Experiment: the power of institutions. Randomly assigned 24 boys to be prisoners or guards. All of the boys were normal and health. The purpose was to test the power of anonymity. “Power without oversight= prescription for abuse” Banality of Heroism: ordinary people do extraordinary moral deeds in certain situations. The same situations have the power to do 3 things: Inflame the hostile imagination of those who become perpetrators of evil Inspire the heroic imagination in others or us Render most passive bystanders guilty of the evil of inaction. Class Notes on Zimbardo/ Torture: Zimbardo was given information about Abu Ghraib and wanted to see what makes authority become abusive. He was on the side of the soldiers. Yet, he was also disgusted by what they were doing. How does this make sense? He believed that you couldn’t understand the soldiers as individuals. Their actions had to be understood as a whole. Bad apples: the bad behavior comes from within the individual. One bad apple can spoil the rest. Bush said that if you have a barrel of apples, you have to make sure there isn’t a bad apple that will spoil the rest. Essentially, the 1 or 2 bad people must be weeded out before they have the chance to distort everybody else. Zimbardo: the problem doesn’t lay only in the apple, it also lays within the barrel (environment). You must look at the barrel-makers. Responsibility for Abu Ghraib doesn’t start with the soldiers. It starts with the people who started the bad environment of the prison. Responsibility is also put on whoever was supposed to be overseeing what was happening in the prisons. Abu Ghraib is in Iraq. It was a prison ran by the US government. Why were they there? Why were they in Iraq trying to get intelligence? The bush administration at the time said they were going into Abu Ghraib because they thought they had weapons of mass destruction, not because of 9/11. The 9/11 plot originated in Afghanistan, not Iraq. The people who planned it were part of Al Qaeda. The US was in Iraq to fight a war over weapons of mass destruction. Rules of war: you can’t just kill enemies. So instead, they kept them as prisoners of war. The soldiers in Abu Ghraib were told that their prisoners hated Americans and wanted them dead. Bush said that we had to “take the gloves off when dealing with terrorists”. What did this mean? They are going to do whatever the must, even if it’s unpleasant or immoral. Torture is illegal. “Torture” vs. abuse. What happened in the prison was called abuse. Zimbardo defends the soldier who did horrible things, saying that the soldier wasn’t totally responsible. The environment and the people overseeing the prison were responsible. The tactics used in Abu Ghraib were first tried in Guantanamo Bay. The soldiers did not create the environment they were thrown into and were encouraged that their behavior was heroic. Psychology & sociology are not equal to excusology. Yes, people can go wrong. But how and why do people go wrong? A soldier in the prison who was disgusted brought the Abu Ghraib conditions to the government’s attention. As it turns out, the US government was already pretty aware. They were just keeping it quiet. Practical politics: why government’s don’t actively call each other out for improper behavior. International Law: basic conditions countries around the world have agreed to. Some follow them, some don’t. These laws include things about the treatment of soldiers, children etc… Some international laws require the countries’ signatures, but some are binding regardless of whether the country signed or not. Nuremburg Trials: trials held after the Holocaust. Nazis and Nazi helpers were brought to trial for committing genocide. CRIME CLASSIFICATION Organized Crime: Refers to the framework within which criminal acts are committed. Crime syndicate has organized structure, rules, division of labor, capacity for violence. Network of activities, often cutting across state and national borders. Potential/actual overlap with occupational and transnational crime. Organized crime isn’t just 1 individual. It is a group of individuals with a purpose and mission (violence, illegal goals, threats). They also do things we think of as necessary to complete any goal such as dividing up labor. Examples: terrorism, teachers in Georgia selling test answers to students. Political Crime: Motivation or belief or ideology (religious, political, left, right…) to challenge power and power arrangements. By or against the state; against the government, including treason, sedition (rebellion), espionage Democracies and/or non democracies Terrorism Importance of perception There is a range of legal definitions (ex: emphasis on civilian targets/ and or power/ideology). Governments are more likely to follow their own laws Mandela was technically on the terrorist watch list. Political & Hate Crimes: Hate crimes need: o Underlying crime (opinion and belief are not enough) o Law allowing for opinion to be an aggravating factor (relates to ideas of aggravating vs. mitigating factors). o Victims fall into the protected class recognized by the legislation Tension over role of belief in defining crime Political crimes raise questions about motive. Motive is key for hate crimes as an aggravating factor Victimless Crime: Certain crimes, especially crimes considered against morality are often thought to be victimless. For example, gambling or prostitution. From a legal perspective, victimless crime is not a thing! Victimless crime isn’t a legal category. Legally, law and society are victims of the crimes we are calling victimless. The greater the gap between public legitimacy of a law and the legality of a law, the more likely it will change in a democracy. For example, prohibition laws in a democracy were doomed for failure because people didn’t think drinking was a crime. October 2, 2014 Measuring Crime: There is a lack of accurate counts of crime and means to fully determine the amount of crime. Most homicide and auto-theft crimes are reported to the police, but many and most other crimes aren’t. Crime Clock 2005: You can guess how many crimes are occurring each day Certain crimes are more likely to take place at certain times of day and of the year Measuring Crime: two major national measures: 1. The Uniform Crime Report (UCR) 2. The National Crime Victimization Surveys (NCVS) The Uniform Crime Report: An annual statistical summary of crimes reported by most law enforcement officials to the FBI. Voluntary reposting by local, state and federal law enforcement to the FBI. Part 1: index crimes (8), Part 2 additional 21 crimes This provides a useful but incomplete picture of crime levels Includes crimes against people and property UCR & Rape: continuity, change & society: 2012 expansion of the definition of rape for the UCR. Steubenville OH: reflects broader legislation regarding what rape is. In Steubenville 3 high school football players videotaped and bragged about having sexually assaulted a girl. The boys were charged and tried within the juvenile system, meaning they would have a lesser punishment. IT raised questions about drunken highschoolers, how important football is in small towns and about social media/it’s abuse. In CA, they just made a “yes means yes” consent law meaning that people have to say yes to sex. There can’t be implied consent. This law shifts the legal burden so that a potential perpetrator must be able to say why they thought the girl consented. If a girl is under the influence, consent cannot be implied and yes does not count. Historically, there was no such thing as “marital rape”. Consent was implied through marriage. This is no longer the case and it isn’t implied that sex with your marital partner is always consented to. “Yes means yes” makes to so much harder for men to claim that they thought the girl wanted it. The National Crime Victimization Surveys (NCVS): Surveys of victims conducted by the US Census Bureau. o The same people are interviewed twice a year for 3 years. They are asked if they have been victimized in the last 6 months. o This provides a more complete picture of the nature and extent of crime than the UCR does o The focus is on the victim’s perception o There is an emphasis on how much greater the numbers actually are. Methodologies of Crime Measurement: UCR Census (goal & method): NCVS (representative sample) Other methods: self reporting, ethnographic Crime is hard to measure There is a difference between interviewing local citizens and interviewing prisoners. Local citizens will be more likely to lie about committing certain crimes than prisoners who are already serving time. What is or should be our focus on crime? Street crime White collar crime Sex crimes Transnational crime Drug crime Violent crime Hidden crime Who becomes a victim? Not everybody has an equal chance of becoming a victim. Most people are unrealistic about victimization. There is an importance of key demographic factors: race, age, sex/gender, urban/rural/suburban, wealth/poverty/class, and income inequality. Not just the USA Nature of crime varies depending on these and other factors Myths often include inter-racial vs, intra racial: stranger vs acquaintance Victimization: The criminal justice system is not designed to be oriented to the victim. The Victim’s Rights Movement made improvements to this, but there is still a long way to go. Huge costs: direct, indirect, financial, social, political, racial, fear, public choices. Victims can and may play a role in their victimization. Knowing this fact can improve public policy, not just ‘blame the victim’. The CJ system is not designed to help the victim. It’s designed to help the offenders/suspects. Our legal system is adversarial. It assumes that there are 2 opposing sides that challenge each other’s truths. In our system, suspects don’t have incentives to admit being guilty. By denying responsibility, you protect yourself legally. We need to recognize that we can play a role in the victimization of a victim, but that’s not the same as blaming the victim!!! o Example: the NYD put pink slips of paper that looked like parking tickets on people’s cars. The tickets had a checklist telling people how vulnerable they are to crime: was the car locked? Electronics in sight? October 9, 2014 Criminal Law in the Context of Law/ Procedural Criminal Law Law: system of authoritative rules. An authority (the government) has a responsibility to enact these rules. Statute: synonym for law/legislation Private/Civil Law: concerns the rights and relations of private citizens. Wrong need remedies ($), suits and suing. Public Law: Law between the government and it’s citizens. Administrative Law: example- FDA, IRS Constitutional Law: “The architecture”. Establishes government and institutions, establishes fundamental principles and limits on law and government action. Procedural criminal law part of constituational law. Criminal Law/substantive criminal law: defines, punishes and prevents actions (and inactions) considered to violate societies codified rules. The constitutional law is the “architecture”. It defines who is in charge and the branches of government. It balances the security of people and the liberties of people. Public law needs to have PUNISHMENT whereas civil law needs to have a REMEDY. Where does private/civil law connect with criminal law? Preponderance of evidence: civil cases have less of an evidentiary burden. Comparison between Chris Rock Video, Busted and 10 Rules: The “10 Rules” video was all people of color. It focused more on racial issues. All of the people were pretty innocent. “Busted” was more about how to defend your rights when you’ve actually done something illegal. The Chris Rock video was a mixture of both. It was different from the other two videos because it was a also a critique about excessive use of force. It also touched on how people (especially young black men) escalate things with the police. Police biases It’s not hard for police to find reasons to pull people over and question them Legal vs. illegal/questionable basis for police to pull you over. Blasting loud music is not a reason for police to be able to pull you over. There is an important difference between profiling, which is legal & necessary, and racial or ethnic profiling. Say an African American man is walking down the street in a high crime area and police stop him. Is this racial profiling? Or legal profiling? Probable Cause: a legal standard that protects citizens from illegal police searches. If police have a warrant or probable cause, you cannot say no to a search. If they don’t have a warrant or probable cause, you can. The most important source of rights identified in these videos is the 4 th amendment. Legally, police have considerable latitude to lie to help identify possible or actual criminal activity. Police have the right to be deceptive and try to get a confession or permission to commit a search. However, police can’t pretend to have a search warrant or probable cause. The source of rights identified in the videos is/are from the following: The constitution The bill of rights The supreme court’s interpretation What are the 10 rules? 1. Always remain calm, collected and respectful 2. You have the right to remain silent thanks to the 5 amendment. Exercise it. 3. You have the right to refuse any searches if the police do not have a warrant. 4. Don’t be fooled. Police are allowed to lie to you. 5. If you are detained, ask if you are free to go. Police need probably cause to detain you. 6. Don’t say or do anything that will help the police find probable cause to detain you. 7. Don’t run. That gives police automatic probable cause. 8. Never touch the cop 9. Be a good witness so that if you have to make a complaint about police misconduct, you will have a good recall of what happened. 10. Don’t let anybody from the government inside your house without a signed, court-ordered search warrant. Buntman’s added 11 rule: video taped police encounters to eliminate “he said she said” or questionable acts. Procedural Criminal Law: Defines the rules that govern how the laws will be enforced by state actors Protects constitutional rights of defendants and others in the criminal justice system Provides the rules and procedures officials, prosecutors and so on must follow in enforcement, adjudication and corrections. Origin of Procedural Law: Constitution- habeas corpusthndthx thst facth Bill of rights (especially 4 , 5 , 6 and 8 amendments) Judicial interpretation/case law- especially by US supreme court Habeas corpus: if the government can’t show they have a legal basis to hold somebody, the person shall be released. Ex post facto: you can’t make something a crime and charge a person for committing it after the fact. Challenge of procedural law: you have to find a balance between order, security and liberty/rights. Core concept: due process: Concept of fundamental principles of justice. Fundamental fairness and knowledge of rules. This is NOT arbitrary. How to correctly administer the laws (correctly meaning consistent with legal protections. Numerous definitions in different cases, texts etc… The Due Process Revolution: th The 14 amendment (1868) of the constitution: no state shall deprive any person of life, liberty or property without due process of law. BUT it is not until 1961 that states begin to be held to this standard, and on a case-by-case basis. Mapp vs. Ohio (1961) marks the beginning of the due process revolution/ exclusionary rule. Selective incorporation of the Bill of Rights: Before the due process revolution, the Bill of Rights was mostly applied to the federal government in applying federal law. The due process revolution selectively incorporated most of the criminal justice amendments in the Bill of Rights to the states. People to know: John Roberts: current chief justice of the US Supreme Court William Rehnquist: previous chief justice who died on the bench. Roberts came in to replace him. Eric Holder: attorney general of the united states John Marshall: chief justice who shaped the Supreme Court the most. He introduced judicial review (whether laws are legal or not). Earl Warren: chief justice during the passing of Brown vs. Board and the due process revolution. Thurgood Marshall: worked on African American justice From Constitution/ Bill of Rights to courts: Wording in the constitution and the Bill of Rights is mostly brief and vague. Societal changes since the founding are huge. Judges interpret the meaning of the rights Different supreme court justices do not always agree on the constitutions meaning/ definition of these words The Due Process revolution was led by the Warren Supreme Court. It was more about putting the bill of rights in each state then it was about applying it. Mapp vs. Ohio (1961): Police pretended to have a search warrant and searched Mrs. Mapp’s house. They found porno magazines (which were illegal) and charged her. The magazines were not hers, but they were in her house. The police did not have a search warrant. At the time, Ohio was not required to follow the fourth amendment meaning that they did not need a search warrant to enter her house. Mapp wanted the evidence found to be excluded, but they did not have exclusionary rule in Ohio. She was convicted. She fought harder, claiming that her rights as a citizen had been violated. The 4 amendment and prohibition of searches without warrants were extended to Ohio and all states. Fruits of the poisonous tree: not only can evidence illegally seized not be counted, but also any other evidence it let to cannot be counted either. Did Mapp vs. Ohio create exclusionary rule? NO!! 4 Amendment: Limits the ability of law enforcement officers to search and/or arrest/detain a person or property Requires probable cause The supreme court defines searches as actions by law enforcement officials that intrude on people’s reasonable expectations of privacy. Terry vs. Ohio: Led to a decrease of rights A man is outside of a bank on a hot day with a big coat and a big bag. He looks suspicious. A cop saw him, and questioned/ searched him. The cop was right to be suspicious. The man was waiting for his accomplice so that the two could rob the bank. Terry’s lawyer tried to dismiss the case by saying that the cop didn’t have probable cause. The courts created “reasonable suspicion”. Probable Cause: You need probable cause to be able to get a search warrant. Probable cause is a degree of evidence/ basis of suspicion. The majority of searches and arrests legally take place without a search warrant. They take place because of probable cause. Courts understand that law enforcement don’t always have the time to wait around for a search warrant. Evidence could be destroyed or the public could be harmed in that time. Legal standards of suspicion and proof: Reasonable suspicion: allows stop and frisk searches Probable cause Preponderance of evidence Proof beyond reasonable doubt Stop and frisk ends up being very important, in NYC especially. The 4 amendment makes it easier for law enforcement to develop a legal basis for searches/arrests involving cars. th 4 Amendment: Not all seizures follow searches as defined by law. Plain View Doctrine: officers may examine and use as evidence, without probable cause, anything that is in open view at a location where they are legally permitted to be. You can give consent for police to search your house or belongings Public safety and exigent circumstances Arrests and searches incident to arrest: police are allowed to search you before you get into the back of their car or into the police station to make sure that you aren’t armed. Does probable cause allow law enforcement to take/look through your phone? No. If you give permission for law enforcement to search you, can they then look through your phone? Maybe. 5 amendment: Key rights related to the investigation and prosecution of criminal suspects We can’t be forced to incriminate ourselves in any criminal matters. The right against double jeopardy: you can’t keep charging somebody for a crime after they’ve been acquitted for that crime. Less about property and more about the person. Entitlement of indictment by a grand jury is only a federal right. States can but not have to have grand jury indictments. Protection against double jeopardy does NOT mean that nobody can face two prosecutions for the same incident. The snipers, and Rodney King are examples of this. 6 amendment: Trial phase of the CJ system Leading case: Gideon vs. Wainright (1963): establishes the right to counsel for indigent state defendants of felony charges. The right to a lawyer isn’t new. The right to a lawyer if you can’t afford one is what’s new. The right to a speedy public trial The right to an impartial jury (a cross section of the community) A grand jury is not the same as a trial or petit jury!! Miranda vs. Arizona: combines rights from the 5 and 6 amendments. You not only have a right to a lawyer and the right to not incriminate yourself, but you have the right to know that you have these rights (known as Miranda rights). This led to improved policing because it made police act a lot more professional and made their work less discretionary. These Miranda rights were upheld in Dickinson vs. United States in 2000. 8 Amendment: “excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted”. Release on bail: o Does not require all defendants to be released on bail, only that it is not excessive. o The Bail Reform Act of 1984, upheld in 1987, states that suspects considered dangerous to the public may be held without bail. o You get bail money back when you come back for trial o Bail bond companies & bounty hunters Excessive fines: forfeiture of property may be viewed as an excessive fine in some circumstances. Cruel and Unusual Punishment: o Values of contemporary society are used to determine whether a punishment is cruel and unusual, evolving standards of justice. Mostly applies to death penalties Looker vs. Andrade (2003) shows that 3 strike law is not a good law. October 16, 2014 GUEST SPEAKER SVU prosecutor in Colorado Mrs. Joseph. She went to Barnard and studied urban anthropology. She studied teenage pregnancies and went to McGill law school in Canada. She worked in the CJ system in the district attorney’s office in Boston. She has been working in Law Enforcement since 1994. She currently works with sexual assault victims- both children and adults. Law is dependent on the jurisdictions. Freedom is the most important thing. Is it better to have 1 criminal go free, or to have 10 innocent people go to jail? Innocent until proven guilty: you are innocent until you have a trial and are declared guilty. Example of Ray Rice: there is a video of him beating the shit out of his girlfriend. Is he guilty? No because he has not gone to trial yet. Even though there is video proof, he is innocent by law until he goes to trial and is found guilty. The jury’s decision MUST be unanimous. All 12 people must agree. Right to remain silent: you have to right to not incriminate yourself. You do not have to talk. If the person chooses to plead guilty, they give up their right to remain silent, their right to confront witnesses, the right to have a jury trial and the ability to be found innocent. Plea negotiations: how 80% of criminal cases are resolved. Without plea negotiations, the system would stop. Plea bargains take 15 minutes whereas trials take weeks. If everybody wanted a trial, there would not be enough time or resources to accommodate this. There is no marital privilege in sexual assault of children. Child molesters are usually people that are known to the child such as a parent, grandparent, uncle, coach etc… Even if a child consents to the sexual relations, it does not count. Children usually listen to their parents, so when a parent uses their authority to sexually abuse their child, the child may think it’s normal or okay. Therefore, children’s consent does not count. How do you get evidence for sexual assault when the only witnesses are the bad guy and the victim? Whose word do you chose to believe? Do you convict a parent for sexual assault based on the word of a 10 year old? Most children who are sexually assaulted don’t speak about it. If they are younger, they may think it’s normal. If they are adolescent, they might be ashamed or scared to talk about it. They might confide in 1 friend, or try talking to their mother. Hospitals won’t perform a rape kit on somebody if the rape happened more than 72 hours before. A lot of kids who face child abuse/rape turn to drugs and alcohol, and face manic depression. Hearsay rule: an out of court statement cannot be used in court, unless dealing with child abuse. If a child had told another person about the abuse, that adult could come to court, and the child’s out of court statement could be used. You have a legal right to be able to confront witnesses. Imperfect justice: example about Destiny, a girl who brings her stepfather to court for repeatedly raping her, but protests when he gets sentenced to prison because she loves him and he’s her dad. She did not want him to go to prison; she wanted to get him help. Mrs. Joseph sent him to jail anyways, because it is her duty to protect society, not Destiny. The law doesn’t punish people without criminal intent, but exceptions st can be made. Extreme recklessness can be charged for 1 degree murder. Mental Illness: defined differently by different states. If your mental illness is so extreme that you can’t even control or know what you’re doing, you might not be found guilty by reasons of insanity. However not all mental diseases are an excuse or can be accepted as reasons of insanity. You can have a mental illness and still know what you’re doing. Mental illness is a hard, complicated and important matter. M’Naghten Test: unless the mental illness impairs your ability to know right from wrong, you will be held responsible. Can a mother be charged for knowing that her child was being abused and not having done anything about it? In most states, yes. However these mothers are not usually charged because they are needed as evidence. You want these mothers to testify and help prove that the sexual abuse did occur. Victim advocates, family justice centers Powers of a prosecutor: Compel people to testify Subpoenas, search warrants Can send police to watch you Can look at your phones and computers Can track people October 21, 2014 Prosecution & Plea Bargaining Prosecutors: who are they? Prosecutors have discretion as do police officers meaning that they can basically do whatever they want. Prosecutor responsibilities: State: most are elected They have the discretion to drop charges or press charges Lots of good reasons: strength of the case Nolle Prosequi: to dismiss the case. About 50% of cases are dropped Very few cases go to trial. Most cases end in plea bargains Plea Bargaining: Most common method of case resolution Why bargain? Expediency, more efficient Advantageous to prosecutors o It’s a conviction. It’s guaranteed and it counts as a win for the prosecutor. o To get information o May not trust juries to do what is right o If evidence is weak o No time and money to take the case to trial Prosecutor as a politician: if cases are being lost, politicians may use attack ads such as “she only gets 80& convictions, elect me and I’ll get 95%”. Private Defense Attorneys: Role: get clients less punishments Washington post: lawyers setting fees rather than billable hours Criminal defense always fees. If the client loses, who pays? Defense attorneys always collect in advance. All pressure is for a plea bargain Courtroom Workshop: Trials are supposedly adversarial, BUT in actuality, professional courtroom actors (judges, prosecutors, defense attorneys) are non-adversarial. The have informal long term relations, share calendar pressures and both want plea bargains to occur to prevent overcrowding of the courts. Other role players: Judge: has to agree, but needs the show to keep moving on. Generally does not participate in the bargain. Defendant: no role Victim: typically no role, sometimes liminted What kinds of bargaining take place? Charge bargaining: reduces the number of charges against the defendant Sentence bargaining: recommendation for a lighter sentence to the judge. o Example of Roman Polanski. Implicit Plea Bargaining: throw self on the mercy of the court “you save some of my time, I’ll save some of yours”. Can offer many different things Laffler vs. Cooper (2012): Lafler chased a man down the street and shot him 3 times in the leg and the butt. He is charged with attempted murder. He is told that if he confesses they’ll reduce the number of offenses and say he only shot 1 bullet and will only get 3-7 years. His lawyer tells him not to take the plea. He tells Lafler he will be acquitted since all three shots were below the waist and you can’t kill somebody by shooting them below the waist. Lafler listens to the lawyer, goes to trial and is charged with 3 attempts of murder and is sentenced to 18- 30 years. He goes to the supreme court and claims that he was provided ineffective counsel. The supreme court rules on the case. Laffler provides that not only is counsel needed at plea bargaining, but it must be EFFECTIVE counsel. Previously there had been no right to attorney at plea bargaining, or the right to a plea bargain at all. Now, not only do people have the right to a plea bargain, but they have the right to effective attorney. Who benefits from Plea Bargaining? Higher court efficiency: defendants give up due process rights when they plead guilty. They give up their right to a trial. Defendant: no pretrial jail time, maybe a reduced sentence Prosecutor because they get a guaranteed conviction Opposition to Plea Bargaining: Due process fans who think by plea bargaining you’re giving up your constitutional rights to a trial and acquittal. People think we’re letting dangerous offenders get off with lighter sentences ??
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