APCJ Exam 1 Study Guide
APCJ Exam 1 Study Guide CCJ3024
Popular in Advanced Principles of Criminology Justice
Popular in Criminology and Criminal Justice
This 9 page Study Guide was uploaded by kyrabacon on Thursday February 4, 2016. The Study Guide belongs to CCJ3024 at University of Florida taught by Dr. Marvin Krohn in Fall 2016. Since its upload, it has received 271 views. For similar materials see Advanced Principles of Criminology Justice in Criminology and Criminal Justice at University of Florida.
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Date Created: 02/04/16
Advanced Principles of Criminal Justice Study Guide Exam 1 Exam: Feb 9 th Covers chs 1-3 in textbook and 2-3 in WS as well as lectures (included with chs) 50 MC Questions Ch 2 (textbook) What is crime? o Criminal law- branch of law that proscribes formal punishment for violation of society's rules, or offenses against the state. Civil law- violations against individual o Summary offenses- minor offenses that allows CJ system to dispense with them regularly o Status offenses- class of offenses that are illegal for juveniles but not for adults o Deviant behavior- violation of norms Social v legal definition of crime Legal definition-any act or omission of an act prohibited by the public law for the protection of the public and made punishable by the state in a judicial proceeding in its own name Social definition- behavior that is harmful to the interests of society and/or humanity o Why use legal? – distinguishes between norms, moral and social definitions and specifies behavior and consequences, but also accepts ruling power as definer of crime and assumes law is protection Natural Law- moral law o Mala in se v mala prohibita o Elements Commission of act Criminal intent General, specific and transferred Concurrence Causation Harm (occurs in all crimes) o Defenses Affirmative defense- admit to crime w/ excuse (ex: self-defense, consent) o Research Archival, surveys, case studies and field research know difference between complete observer, participant as observer and complete participant Ch 1 (textbook) Criminal Justice (CJ) system o Components of system- police, courts and corrections o Stages of justice process Investigation Arrest Booking Initial Appearance (explained rights) Preliminary hearing (evidence) Grand jury/ indictment (court) Arraignment Guilty-sentencing (90% of cases) Not guilty- trial o Plea bargaining- Pleading guilty subjects you to the punishment you are given, but pleading not guilty could be better, if you win, or much worse Appeals Sanction Jail v prison Release (parole) CJ Funnel – only about 2% of all crimes committed end up with the criminal incarcerated o Only 50% reported, 20% arrested, 29/1000 found guilty o Models Crime control – focus on protecting public; moves quickly Due process – focus on protecting defendant’s rights; uses formal structure Wedding cake model (Walker) Tond– celrdrated cases 2 and 3 layer – major/minor felonies Bottom – misdemeanors o Scientific Parts Objectivity- criminal justice scholars must not let their values drive research endeavors Parsimony- scientist create the simplest explanation possible in examining topics under study Ethical Neutrality- criminal justice researchers should not allow their own ethical beliefs to guide their research efforts Determinism- behavior is caused by or influenced by preceding events Skepticism- scientists must question the re-question everything o Parts of CJ system Legislative- defines laws Judicial – determines constitutionality of laws Law Enforcement – investigates and apprehends Courts – charges and sentences Corrections – incapacitating and maybe rehabilitation o Law – legal v social definition Legal- formal social control and rules enforced by political community Social- obligations and moral responsibility to community norms Social norm- legal if disobeying it provokes the application or physical force by individuals possessing the socially-recognized duty (Hoebel) Order- law if it is externally guaranteed by the probability that coercion brings about conformity and people are ready to avenge the violation (Weber) Issues raised o Legal norm = institutionalized norm o Bohannon’s notion of double institutionalization Primary rules- substance of law Secondary rules- application or form of law Social contract as basis o Coercion, third party involvement and questions of legitimate authority How defined? Substance – types of behaviors Function – intended to do Form- elements (most important definer of law) o Know examples of each Types Common / case law- derived from earlier judicial processes Statutory- acts of legislative body Administrative- regulations by both state and local agencies Constitutional- basic rules that serve as guides for decision making process and future laws Applying law Formalistic – internal logic and applies to all cases Social- flexible for interest of citizens o Justice Just- recognized as good by society Justice- evaluation of concrete situations to determine law distribution Rawls Theory- basis for defining what is just o Veil of ignorance Every person has equal political liberty Social and economic inequalities must not exist unless they benefit even the worst of society o Implications Liberty comes first Counteracts natural inequalities (race, gender, circumstances) Everyone provided with basic conditions to achieve goals o Recent history First major in 1937 First school in 1950 (UC Berkeley) Commission of Law Enforcement and Administration followed by Justice Assistance Act Not accepted as science at first o know parsimony and determinism) Criminology v CJ Criminology- focuses on explaining criminal behavior First police force – 1829 in London (juvenile – 1899) Larry Siegel- first research in 1950s by American Bar Foundation o Criminal Justice and College Students Victims- female college students more likely than female non-students, but males are both equally likely Offenders- typical offenses include public drunkenness, drug offenses or assault CJ Practitioners- degrees sometimes needed, so often people already involved in CJ system go back to school to get a degree Research subjects- easily accessible, cost efficient and reflect culture Future researchers- Students in CJ strive to become criminologists Ch 3 (textbook) Measuring Crime o Three ways reported Crimes known to police Crimes cleared by arrest Persons arrested o FBI's Uniform Crime Reports Part 1 (violent) offenses more serious than Part 2 (property) offenses o Part 1- murder, rape, robbery, aggravated assault o Part 2- Burglary, larceny/theft, motor vehicle theft (most common), arson Burglary- entry of a structure to commit a felony or theft Larceny/theft- taking, carrying or riding away of property from possession of another Robbery- taking anything of value from the custody of someone else by force or threat of violence Figure 3.1- Of violent crimes, aggravated assault and robbery are most common and of property crimes, larceny-theft is most common, but property crimes are more common than violent crimes reported crime clock and clearance rate o Clearance rate- percentage of crimes that were "solved" either by arrest or exceptional means Clearing a crime- suspect is arrested, charged with an offense or case is sent to court for prosecution Critics o Dark figure of crime- amount of crime not reported to the police o Mischaracterizes crime problem- offenses don't always belong in the category o Police under/over report crime o Data not provided in timely fashion and limited Figure 3.4- NCVS shows that aggravated assaults dropped drastically between 1993 and 2013, but the UCR only shows a gradual drop created in 1930 by FBI Advantages 98% population represented only true national data source Disadvantages shows behavior of police, not public (where patrolled) manipulation of data- under/over report for political reasons only represents about 50% of crime committed o National Crime Victimization Survey - info about personal victimizations boundary (specific amount of time) v telescoping (unknown time) self-report survey- more willing to admit victim than offender first conducted by National Opinion Research Center in 1965 (now Census Bureau under Department of Justice) Purpose is to determine amount of unreported crime and why unreported o Why unreported? – concern over retaliation, self-incrimination, hassle of reporting, personal knowledge of criminal, embarrassment, etc. Disadvantages problems with memory of victims- limited info of offenders Advantages provides info about victims of crimes- gender, race, age, location Offenders and victims similar in demographic routine activities of victims- where and when crime occurs provides a check on other crime reports, such as UCR rate is 2x UCR and varies by crime History Porterfield (1943)- studied relationship between social class and delinquent behavior (55 offenses and college kids responses) believed justice system responded differently to people of different backgrounds further studies in 50s and 60s supported this concerns with items on the list, confidentiality, and follow-up questions Attrition- preventing concerns and effects on studies testing effect- respondents learn implication of their answers when taking the survey o National Incident- Based Reporting System - more detailed crime report created in 1980s Advantages Detailed and broader range of offenses (hierarchy rule) Captures different types of victims and provides more data about victims and violence against women Allows researchers to examine links between victimization and arrests Crime Patterns o Age-crime curve - more crimes committed by younger people adolescence-limited offenders- age out of crime life-cause-persistent offenders- engage in crime entire life Career criminal- commits majority of crimes in group o South has highest crime rates- southern subculture of violence (accept and use violence) o blacks more often arrested - "driving while Black" o Gender Chivalry- females and males treated differently by CJ officials and promote female crime Parenting- differences in offending patterns in males and females result from different ways that boys and girls are treated by parents Gender role- differences to way boys and girls treated to all members of society Accomplice hypothesis- females' involvement in crime is often as role of accomplice o Time, social class and type of communities also affect crime rates Communities- different communities have different crime rates- rural/urban, population size, public transportation Region- S highest, NE lowest Ethnicity/ Race Blacks overrepresented (13% black, but 33% of crimes) and American Indians Whites and Asians least Social class- lower social classes overrepresented stress from poverty, inequality breeding crime, different treatment in CJ system, methodological limitations (self-report v official) Short and Nye studied rural communities Elliot and Ageton studied relationship between social class and race and delinquent behavior Methods o Experimental studies o quasi-experimental studies- observe extraneous variables and effects o historical research o observational studies- natural state o survey research o secondary analysis- UCR, census reliability v validity Clark and Wenninger- responses changed Gold Et Al- friends responded on one another's behaviors Akers Et Al- substance use and testing effect found that on surveys, people tell truth most of the time but not always Random v Systematic Bias o Random- people in varying groups lie, but the lying is equally distributed so it does not affect relationships o Systematic- People lie differently in different groups, some more than others, so relationship patterns are affected Ch 2 (WS) Classical school (1700s) o Focus on lawmaking not individuals o Key voices: Beccaria and Bentham o How did it develop? Resentment between rich and poor classes Rise of Protestant Church- promoted happiness during lifetime not heaven Writers examined human nature and social conditions Hedonism- max pleasure and min pain o Concept of deterrence (Bentham) Social contract Enlightenment- interest in improving humanity Utilitarianism o Perspective Law creates moral responsibility for citizens Assumed rationality and therefore deterrence o Specific v general o Components: celerity, certainly and severity Beccaria- same treatment for all offenders Bentham- separated offenses (felonies, misdemeanors, etc) Wanted degree of punishment to be just enough to offset crime Ch 3 (WS) Positive school (19 C) o Focus on behavior and prevention of crime through rehabilitation Believed treatment was in society’s best interests Purpose of sanctions is to provide treatment o Known today as modernism o Positivism- laws govern nature and man is part of nature, so man follows laws o How did it develop? Application of sciences led to a concern with human affairs Believed humans capable of adapting behaviors Study human behavior through scientific method Auguste Comte- father of sociology Phrenology in early 19 C- behavior mirrored in brain bumps Key positivists Lombroso- father of modern criminology o Some have abnormalities in brain- “born criminals” Insane, epileptic and occasional Ferri- crime caused by numerous factors o Law of criminal saturation- only a certain amount of crime with fixed conditions Garofalo- criminals don’t have sentimental values o “psychic variation” o Natural crime- deemed offensive by all o Heredity Family histories studied and found that criminal behavior is inherited in some cases Alfred Binet- low IQ is cause William Sheldon- body features can affect psychology o 3 types: ectomorph, mesomorph and endomorph o Others thought self-perception of physical attributes established self-esteem and personality o Goals of CJ System Determinate v indeterminate sentence Indeterminate assumes amount of rehabilitation needed varies and length of sentence per individual is therefore unknown What should be ultimate goal? Custody- protect society from criminals Rehabilitation- criminals affected by internal or external factors; address reasons Deterrence- ensure criminal or others do not commit crime Justice- all people receive same treatment Retribution- punish offenders because they deserve it Restorative justice- promote peaceful society- reintegrate criminal Crime control- control crime at expense of liberties Due process- emphasis on constitutional rights o Goals always in conflict with one another o Know examples
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