Week 4: Study Guide for Test 1
Monday, February 1, 2016
Bring a number 2 pencil for test 1!
Inside information about the criminal Justice System
Criminal Justice: Society's response to crime. Involves the three components of the CJ system we will discuss this semester.
Crime: An intentional act or omission in violation of the criminal law, committed without defense or justification, and penalized by the government.
Criminology: Study of why people commit crimes
Which general direction the crime rate is going
Down. Over 50% reduction.
Which country imprisons the most amount of people
How much did crime cost us
3 main components of the CJ system
1. Policing (law enforcement): Local, State and Federal
a. Each state has its own bureau of investigation
b. 18,000 local, state law enforcements; 15,000 federal
c. Federalism: Division of power
d. Healthy, created in the constitution
2. Court system: State and federal Courts
a. Jails ands prisons only account for 30%
b. Other 70% is dominated by criminal corrects
c. probation and parole; halfway house
Public Safety Expenditures
National Debt Clock
o $18 .9 trillion dollars close to $19 trillion
o Student loan debt- $1.3 trillion
Bank Robberies- How much???
o For stealing $500,000 from a bank 10-30 years
Medias Role in the CJ system
Mass media greatly influences public opinion; New Age of social media has changed everything (YouTube, Facebook, Twitter, etc.)
Key Names in the history of propaganda and sensatalism
WHITE COLLAR CRIME We also discuss several other topics like apsu god
White collar crime: full range of frauds committed by business and government professionals; account for much more of crimes than you would think.
Crimes committed by relatively affluent white-collar workers usually in the course of conducting their daily business activities and are usually possible only because of the social statuses (particularly occupations) they occupy
Father of white collar crime We also discuss several other topics like kurt kipfmueller
Key vocab word for white collar crime
What criteria has to happen to be considered a white collar crime?
1. crime had to be committed in course of ones OCCUPATION
2. Crime is committed by a "person of respectability and high social status"
Embezzlement, Insurance fraud (hard, soft), bankruptcy fraud, bribery
Embezzlement: The wrongful taking of money or other property that has been entrusted to a person as a part of his or her job; the fraudulent conversion of another's personal property by a person who is in position of trust (employee or agent)
Insurance Fraud: refers to any duplicitous act preformed with the intent to obtain an improper payment from an insurer
"Hard" Insurance Fraud: Deliberate destruction
"Soft" Insurance Fraud: exaggeration
Bankruptcy Fraud: This is committed when a person or corporation hides or lies about assets in bankruptcy proceedings. It also applies when creditors are given If you want to learn more check out pablo baldivieso
false information, or when illegal pressure is applied to bankruptcy petitioners; concealing assets to avoid having to forfeit them or Intentionally filing false or incomplete forms (petition mills)
Bribery: corrupt solicitation, acceptance, or transfer of value in exchange for official action Don't forget about the age old question of define ornithopter,0,12020-01-27,https://studysoup.com/guide/2454242/chapter-2-health-care-organization-and-administration-in-athletic-training-multiple-choice-1,all of the following should be elements of a hydrotherapy area except:
One Specific Component That We Must Be Able to Prove for Bribery Don't forget about the age old question of crju 4110 textbook notes
Quid Pro Quo; reciprocal relationship; "I scratch your back; you scratch my back"
Ford pinto case
Ford Pinto Case: gas tank placed 6 inches from rear bumper. Japanese compacts were coming out and Ford wanted to rush production. they "normalized the risk"
Why would they engage in fraudulent thinking?
They were aware of design flaw and refused to pay for redesign and decided it'd be cheaper to pay off possible law suits. We also discuss several other topics like in the circular flow diagram firms produce
FPC key vocab word …. (people tend to __ these types of behaviors because they're around them on a day to day basis)
Social and physical cost associated to white collar crime
More significant cost is the social cost -->
Social cost =very problematic
Physical Cost = injured, killed, company’s try to cut corners illegally
Was an American energy, commodities, and services company based in Houston, Texas. At the end of 2001, it was revealed that its reported financial condition was sustained substantially by an institutionalized, systematic, and creatively planned accounting fraud, known since as the Enron scandal.
3 names associated with ENRON
Kenneth Lay, Jeffrey Skilling, Andrew Fastow
CEO John Corzine
Stood for 'Man Financial'
2 billion dollars of client money was lost; dealt with commodities
• (oil, agricultural front)
Also dealt with industrial farms
2 months after people recommended MF global for being the best; the company declared bankruptcy When dealing with a financial institution, you have business accounts with what they invest in and you have your client accounts. You're never supposed to touch your client accounts.
John Corzine said he had no clue where the money went
Took new investors money and gave it to old investors (committed a Ponzi scheme); largest Ponzi scheme to date - 50 bill. Lost
Define Ponzi Scheme
Ponzi Scheme: Fraud that seems legitimate, could be a cover, takes money from new investors and pays it outdo existing investors
3 components of a Ponzi scheme
1. it seems legitimate
2.it comes from a well respected and trusted individual
3. they all eventually end by going belly up (collapsing on themselves, bankruptcy)
London Interbank Offer Rate (LIBOR): The rate at which large banks in London are willing to lend money among themselves; manipulation of global interest rates, no criminal charges
Bill of Rights- KNOW THE AMMENDMENTS
First Amendment: ("the great amendment") freedom of religion, freedom of press, freedom of speech, freedom of assembly and petition.
Second Amendment: Right to bear arms; each state can maintain a militia; right to keep and bear arms Third Amendment: Protection against being forced to quarter troops.
Fourth Amendment: Protection against unreasonable searches and seizure; No warrants without probable cause; Protection against illegal search and seizure.
Fifth Amendment: Protects you from giving evidence against yourself via confession.; protection against self incrimination. (Miranda rights); don't have to testify against yourself. don't have to answer questions; "plead the fifth”; DUE PROCESS AT THE FEDERAL LEVEL
Sixth Amendment: guarantees criminal defendants the right to a fair trial and ensures that they are brought to trial soon after they are charged (SPEEDY TRIAL); trials are held in public; fair and impartial jury Seventh Amendment: Only amendment that only deals with civil court; right to a jury trial in civil cases Eighth Amendment: Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment Ninth Amendment: provide flexibility in constitution; just because a particular right is not mentioned doesn't mean it doesn't apply; "unremunerated rights" right to privacy
Tenth Amendment: calls for essence of federalism (division of power between state and federal governments); states rights not specifically mentioned in constitution
14th Amendment: due process clause to the states; guarantees due process and equal protection; due process clause; equal protection clause
Schenk v. United States (1919):
Established the "clear and present danger test" test. Free Speech is limited when it creates a "clear and present danger" E.X.- Shouting "fire!" in a crowded theater would cause panic and consequential harm, therefore it is not protected under the First Amendment
Two most missed questions
2 landmark supreme court cases dealing with the second amendment
McDonalds Vs. Chicago: second amendment applies to individual states under the due process clause of the fourteenth amendment
D.C vs. Heller: 5-4 decision-- 1st supreme court case that decided the ownership of guns for self protection: Federal government is making a decision: Challenged the old gun law. Said that the second amendment protects an individual right to possess a fire arm in federal enclaves. Supreme Court decision that ruling in Heller’s favor protecting the 2nd amendment in owning firearms. Only applied to the federal
Brandenburg vs. Ohio: government can't punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action (ex. riot)
any speech is considered good, considered legal under the first amendment as long as it doesn’t evoke eminent behavior (riots)
*Specific dates aren't necessary but are included
Fundamental safeguard for individual freedom against an arbitrary government; the right of an accused person to appear in court so a judge can determine whether he or she is being imprisoned lawfully
Bills of attainder:
Neither state nor federal government may pass legislation that designates particular individuals (by name or description) for punishment without judicial trial;
legislative act declaring someone guilty of a crime and imposing punishment in absence of a trial; CONSTITUTION PROHIBITS CONGRESS FROM PASSING THESE BILLS
Ex post facto laws:
retroactive laws that punish people for committing an act that was legal when the act was committed; Cannot make a law and arrest someone after law is made; any law that punishes an act that was not criminal when committed