Criminal Justice Test 1 Material
Criminal Justice Test 1 Material CJ 100
Popular in Criminal Justice
Popular in Criminal Justice
This 11 page Study Guide was uploaded by sjguertin Notetaker on Thursday January 28, 2016. The Study Guide belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring 2016. Since its upload, it has received 857 views. For similar materials see Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 01/28/16
Intro into Criminal Justice Test 1 Criminal justice, society’s response to crime, involves the three components of the CJ system we will discuss this semester. Three Components of Criminal Justice: 1. Law Enforcement/Policing – local, state, and federal 2. Judicial – local, state, and federal court system > Ex: of federalism the division of state and federal powers 3. Field of Corrections > Prisons and jails only account for about 30% > Community corrections 70% (majority) Crime is an intentional act or omission in violation of the criminal law, committed without defense or justification and penalized by the gov. > the higher the intent, the higher the punishment Ex: murderstanslaughter 1 degree is accompanies by premeditation will receive a higher punishment Involuntary manslaughter can be unintentional will receive less harsh punishment Ex: killing someone in a car accident because of texting > omission in violation knowing about a crime and ignoring it to not get involved failing to report money you have received and not paying taxes on it Criminology is the study of why people commit crimes. > We want the best public policy, trying to explain or prevent crime, as possible Three separate subfields of Criminology 1. Biological > Genes that people posses that make them more likely to get involved in crime 2. Psychological (study of an individual) > Profiling 3. Sociological (study of a group) > Group dynamics/environmental dynamics Media Influence on the CJ System What media do we get our news from? 1. Internet 2. Social Media – game changer 3. TV – FOX, CNN “The Illusion of Choice” > Did you know that almost all media comes from same 6 sources? 6 media giants now control 90% of what we read, watch, or listen to > Media Consolidation – monopoly on news content, controlling the news market > A lot of the same information, a lot less independent news Edward Bernays > Advocate against propaganda > Nephew of Sigmund Freud If you control the news you control perceived reality > Ex: Over a 50% reduction in the Violent Crime Rate and Violent Murder Rate since the early 1990s > Not a good way to get viewers so the media portrays a society with lots of crime to get viewers A lot of people were born after WWII, crime spiked up. > Age demographics – big explanation of why crime rates change overtime > 1724 peak crime years Can the Media Handle the Truth? FBI’s UCR data (Uniform Crime Reports) – centralized reporting mechanism and puts out #s on crime report Media Sensationalism > Tendency to present info about crime in a way that provokes public interest and excitement usually at the expense of accuracy Public opinion frequently contradicts findings from crime data > Ex: People would probably say crime rate have increased instead of decreased based on what media presents Why sensationalize? > Sensationalize is NOT good, but the businesses want to make a profit/revenue Trial by Media > Trial by media is when the media reaching a verdict in a case before the jury does. Coverage is biased People become misinformed about how the legal system works > Notable examples: Casey Anthony, OJ Simpson, etc. Age Demographics > Changes in the age makeup of the population are key to the analysis of trends Ex: 1970 rise in crime post WWII Baby Boom The Role of Public Opinion Public Opinion greatly influences political leaders > Politicians know that the public is most likely misinformed Mass media greatly influences public opinion > New age of social media has changed everything > Public opinion contradicts what media narrative is Public safety as a percentage of civilian government spending has tremendously gone up. USA has the highest incarceration rates in the World. Current Events Bank Robberies – how much?? LIBOR Scandal – financial scandal > Libor rate – interest rate – how cheap money is to borrow > Everything in the world is affected by interest rates – negative (paying) or positive (profiting) > You have a lot of big banks involved, and they all come together with independement assessments in place and get an average of what the overall interest should be fixed at. They were manipulating interest rates, harmful to consumers in the early 1990s > Hundreds of trillions of dollars have been lost because of this scandal which has affected EVERYONE > Largest single crime perpetrated in human history > London InterBank Offered Rate > Average interest rate calculated estimated by major banks > Financial institutions, mortgagee lenders, and credit card agencies et their own rates relative to LIBOR Deterrent affect > Taking action to prevent crime > If the government is proactively preventing this crime, criminals will not want to risk committing a crime Life in prison for stealing $50,000 from a bank will discourage criminals from robbing banks. Annual cost of crime? > $1.72 trillion National Debt Clock > $19 trillion New Information New York Fed (Federal Reserve) released documents that showed they were aware that banks were rigging the LIBOR rate > Timothy Geithner who later became the US treasurer was the head of the New York Fed Civil suits – class action lawsuits by individuals, cities and municipalities, etc. > Criminal court has a narrow threshold guilty beyond reasonable doubt 95% > Civil court has a wider threshold has to have reasonable double of a little over 50% > Civil court usually deals with money – monetary > Class action lawsuit has a lot of stakeholders, people who have also been affected by an injustice, who come together to fight in court. Pay is not as good, but you are more likely to win. Potentially billions of dollars – UPDATE WhiteCollar Crime Full range of frauds committed by business and government professionals > Estimated to cost US somewhere between $300700 billion annually MF Globalm Bernie Madoff, Enron > Bernie Madoff – biggest ponzi scheme Victimless?? > Media acts like there are no victims of whitecollar crimes > Impacted is diffuse WhiteCollar Criminality Edwin Sutherland was the first to publish on this subject in 1940 – White Collar Criminality Not until1960s and 1970s people started focusing on white collar crimes. > Father of White Collar Crime > Scholarly cumminity was stunned by the claim that respectable executives, physcisans , politians frequently ciolated the publics trust and commitedd fraud costing millions of dollars. > Yes we have street crimes, etc, but we have all of this financial crimes that we should focus on because these white collar crimes are affecting a lot more people. Financial leaders were in doubt that other financial leaders could possibly participate in this crime. Sutherland’s Views Two distinct criteria for whitecollar crime: 1. Crime had to be committed in the course of the occupation 2. Crime is undertaken by a “person of respectability and high social status.” Why Study WhiteCollar Crime? Whitecollar crime and social costs > Everyone is affected by white collar crime Bad as the economic costs are, the more worrisome effects involve lower morale and creation of distrust (ex: financial institutions) > Think Libor > If consumers are not confident, then the market will take a hit. Physical costs of whitecollar crime People are killed, injured, or made ill There is a lack of safety regulations, violating safety regulations > Ex: In the coal mining industry, companies will try to get around setting safety regulations because they are expensive which usually ends in a bad result (death and injury) Toxins in the workplace, toxins released into the community > Ex: asbestos was used for insulation purposes, but they found out it can cause cancer and illness so there were a lot of lawsuits Defective products and false advertising (pharmaceuticals, automobiles, etc) > Ex: The pill that advertised to be equivalent to a 2 hour work out > Pills like that usually end up causing liver, kidney, etc failure Campbell’s soup > They would advertise by using a bowl filled with marbles and then putting their soup on top to make it seem like it was full of veggies, but it was actually 99% water. Exposure to a criminal culture When newcomers arrive for work, they soon learn that certain unethical and illegal business practices are normative. Resistance to breaking the law and treated like the new workers are not team players > Consequently they can be denied advancement in the company Engaging in shady dealings – increased profits are rewarded. Exposure to a criminal culture Whitecollar crime is not the result of a “few bad apples” but a “rotten barrel” Case study: the Ford Pinto > Gas tank placed six inches from the rear bumper If vehicle gets rear ended, the pinto and the other car can get engulfed in flames > Japanese compacts were coming out and ford wanted to rush production > Normalized the risk Decided to just do business as usual even though they know people can get injured or killed > Aware of the design flaw, refused to pay for a redesign and decided it would be cheaper to pa possible lawsuits WhiteCollar Crime Fullrange of frauds committed by business and government professionals Victimless? “Ponzi Scheme” > Taking new investor money and shifting the money to pay out the existing investors, but it is cloaked to make it look legitimate > Three main components of a Ponzi scheme 1. seems legitimate 2. involves someone at a very high respectability and trust 3. they go belly up/end the same way They run out of new investor money, then the existing investors are not getting paid out so they want out. Consequently, the Ponzi scheme collapsed. List of Main White Collar Crimes 1. 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 Enron (the most trusted corporation at the time) just added zeros – did whatever they wanted with people’s money 2. Tax Evasion > Perpetrator attempts to avoid paying taxes they would otherwise owe > Ranging from filing tax forms with false information to illegally transferring property so as to avoid tax obligations 3. Money Laundering > Criminal act of filtering illegally obtained (“dirty”) money through a series of transactions designed to make the money appear legitimate (“clean”) > Ex: Mafia’s legitimate businesses (dry cleaners, trash companies) to cover up their dirty money 4. Bankruptcy fraud > Concealing assets to avoid having to forfeit them > Intentionally filing false or incomplete forms > Ex: Petition mills – you pay us a 100$ a month, and we will pay off your debt. They target people who are desperate to pay off debt but are actually fraud themselves 5. Insurance Fraud > Refers to any duplicitous act performed with the intent to obtain an improper payment from an insurer > “Hard fraud” (deliberate destruction) vs “soft fraud” (exaggeration) soft fraud – when your house gets burned down and then you lie about all the fine jewelry and extensive computer equipment you had in the fire. > Life insurance fraud 6. Counterfeiting/ Copyright violation > Someone copies or imitates an item without having been authorized to do so, and then passes the cop off for genuine or original item Examples: money, designer clothing, handbags, watches, etc > Secret service 50/50 mandate: protecting elected officials and investigating counterfeiting US currency 7. Insider Trading > Trading of a company’s stocks or other securities by individuals with access to confidential or nonpublic information about the company. > Trading security on inside information that is not available to the public Undermines public confidence in that security Ex: Martha Stewart’s case 8. Bribery > Corrupt solicitation acceptance or transfer of value in exchange for official action > Must prove quid pro quo Reciprocal relationship: favor for favor I’ll scratch your back if you scratch mine. Ex: getting pulled over and paying the police officer $50 in return for not getting a ticket 9. Credit Card Fraud > Form of identity theft that involves an unauthorized taking of another’s credit card information for the purpose of charging purchases to the account > Two main types: application fraud and account takeover Application fraud: when a credit card company sends you a card with an application for you to sign up, and someone else can fill out the application and use that card to make a couple purchases before getting caught Using your name and account to buy things – more serious Ex: Target and Home Depot – why we have the chip now 10. Phone and Telemarketing Fraud > Any type of scheme in which a criminal communicates with the potential victim via the phone > Obtain info from victims when acting like a legitimate company, fake checks tell them they overpaid > Phony fundraising: targets tragedies and natural disasters 11. Cons > Nonexistent home electrical or plumbing repairs > Fortune tellers who persuade people to bury their money to lift the curse > Foreign countries to transfer money WhiteCollar Crime Today Bernie Madoff the 50 billion dollars heist > Three main components of a Ponzi scheme 1. seems legitimate he had been on Wall Street for about 50 years his results were consistent – raised questions bc in financial crisis, he still produced returns 2. involves someone at a very high respectability and trust ultimate insider serviced families from generation to generation 3. they go belly up/end the same way The financial crisis of 2008 They run out of new investor money, then the existing investors are not getting paid out so they want out. Consequently, the Ponzi scheme collapsed. > Convicted of multiple crimes – 156 years in prison in Camp Fay (FBI prison) > Largest financial crime committed by one individual MF Global > CEO Jon Corzine former governor/ senator of New Jersey and CEO of Goldman Sachs (an insider) > Large broker firm that traded commodities that were specialized in farming > 2 billion dollars disappeared and Jon Corzine had “no idea” Everyone invested in MF Global had $0 in their bank accounts > Never supposed to touch segregational accounts Customer and client money are supposed to be separate Someone in MF Global withdrew all the money in customer accounts This is now okay because it set a precedent that if all things go south, it is okay to take customer money as a last resort > People went to the second biggest company to invest what little money they had left and it was also a scheme Low consumer trust Enron Everyone was saying invest in Enron because it was the #1 most trustworthy company at the time People involved: > Kenneth Lay – architect of it all > Jeffery Skilling > Andy Fastow – financial guy These guys were very arrogant Ex: made up a person called M.Y. Ass in their scheme The Constitution > The supreme law of the United States > The first three articles establish the separation of powers (legislative, executive, judicial) > Concerns over a centralized power Bill of Rights > First 10 amendments to our constitution > Designed to limit the power of the federal government (federalism) > Protections originally applied only against the federal government (Barron v Baltimore) First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” 1 Amendment (the Great Amendment) > Freedom or religion, press, speech, assembly, and petition Guarantees that Americans can share the info they need for a robust public debate on issues, and to act on these issues Categorized as freedom of expression How the First Amendment Applies to the CJ Trial by Media – Sheppard v Maxwell Supreme Court overturned conviction bc media publicity have prevented a fair trial (1 freedom of press vs 6 right to a fair trial) Freedom of assembly and petition – large protest movements (think Occupy Wall Street) Internet, instant, access to events via YouTube – SOPA > Crack down on the freedom of information Freedom of Press Press is called the 4 Estate Corporate owned media stream Second Amendment Often cited as the “right to bear arms” “A 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” District of Columbia v Heller (2008) – second amendment protects an individual’s right to possess a firearm in federal enclaves (Previously had a handgun banned in homes) McDonald v Chicago (2010) second amendment applies to the individual states under the due process clause of the th 14 amendment Third Amendment Quartering troops in your home No soldiers 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. Fourth Amendment The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, 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” > Probable cause is not just suspicion, you need evidence Warrant written court order instructing that a certain act be carried out > has to be specific not general Protection against unreasonable searches and seizures Probable cause is a legal justification for an arrest, search, or seizure, based on sufficient reason to think a crime has been committed > “Reasonable conclusion” 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 > This is what empowers the fourth amendment > You have to throw our any evidence that was illegally obtained and cannot be used in court against you Fifth Amendment Protects you against giving evidence against yourself via confession (“take the fifth”) protection against self incrimination (Miranda) Double jeopardy doctrine prevents authorities from trying you twice for the same crime > Same level of court you have protection > Cant be tried twice in fed court or state court for the same crime, but you can be tried once in fed and once in state for the same crime Guarantees due process – constitutional guarantee of fairness and that one will be given notice of the proceedings and an opportunities to be heard before the government acts to take away one’s life, liberty, or property. Sixth Amendment Guarantees criminal defendants the right to a fair trial Ensures that defendants are brought to trial soon after they are charged (“speedy trial”) > Not really true today bc courts are so booked > Only 510% of cases actually make it to court > 9095% end in plea bargains Trials are held in public Fair and impartial jury Seventh Amendment Specifically dealing with civil court > the only one that deals with civil and not criminal Right to a jury trial in civil cases Eighth Amendment Protection against excessive bail Protection against excessive fines Protection against cruel and unusual punishments Ninth Amendment Provide flexibility in the Constitution “Unenumerated rights” > Just because a particular right is not mentioned does not mean that it doesn’t applied > Provide flexibility in the Constitution Right to privacy?? > Shrinking everyday Tenth Amendment States’ rights not specifically mentioned in the Constitution > If something isn’t specifically delegated to the federal government, then it is given to the states Essence of federalism (division of power between state and federal government) The 14 Amendment Guarantees due process ad equal protection > Due process is the grey area fairness in the criminal justice system > 5 amendment – federal cases th > 14 – state cases Due process clause at the state level Equal protection clause Habeas Corpus Fundamental safeguard for individual freedom against an arbitrary government > You have the right to your day in court, can’t deny you Bills of Attainder Legislative act declaring someone guilty of a crime and imposing punishment in absence of a trial Constitution prohibits congress from passing bills of attainder Ex Post Facto Laws Any law that punishes an act that was not criminal when committed > if something is legal when you did it, then it is criminalized, and you are arrested for it. Schenck vs United States (1919) Established the “clear and present danger test” test – free speech test > passed out pamphlets about discouraging others to not go to war if they get drafted because he did not want us to be in WWI. > accused of initiating danger for the US Falsely shouting fire in a theatre Limits on free speech? Brandenburg v. Ohio (1969) Government can’t punish inflammatory speech unless that speech is directed in inciting, and is likely to incite, imminent lawless action > Ex: riot The Brandenburg test 1. Intent – are you saying something that is intending to start some type of riot? 2. Imminence – As a time proximity test, is the speech intending to start some type of riot right now? 3. Likelihood – what is the speech being used? How likely is it going to start a riot?
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