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USC / Criminal Justice / CRJU 101 / What can be considered to violate the law?

What can be considered to violate the law?

What can be considered to violate the law?

Description

School: University of South Carolina
Department: Criminal Justice
Course: The American Criminal Justice System
Professor: Corey burton
Term: Winter 2016
Tags: CRJU 101, Criminal Justice, and 101
Cost: 50
Name: CRJU 101 Exam 2 Study Guide
Description: These is the complete study guide for exam 2.
Uploaded: 02/19/2016
5 Pages 41 Views 5 Unlocks
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Exam 2 Study Guide


What can be considered to violate the law?



Thursday, February 11, 2016 6:24 PM

Chapter 4  

• mala in se vs mala prohibit a

○ Mala in se: a core of acts that are universally condemned or criminalized and considered harmful in themselves

Mala prohibit a: criminalized in particular places at particular times according to social attitudes surrounding those acts  

at the time, not because they are inherently evil

• Felony vs misdemeanor

○ Felony: Typically carry a penalty of 1 year or more in jail or prison

○ Misdemeanor: Typically carry a penalty of less than a year in jail or prison or are punishable by fines or restitution • Limitations of Criminal Law:


What caused the harm?



○ Legality:

▪ Based on the idea that law defines what is illegal, not legal If you want to learn more check out When is survey research the best method available?

The government cannot punish citizens for wrongdoing in no specific laws exist forewarning them that the  conduct is prohibited

○ Ex Post Facto:

▪ The government cannot punish citizens for acts committed before the law prohibiting the behavior was passed

The government is also prohibited from increasing the punishment for a specific crime after the crime is  committed We also discuss several other topics like When did certain things occur?

○ Due Process:

▪ Addresses the limits that are placed on the government in terms of what can be considered to violate the law ▪ Procedural due process also key


What are considered the best practices or legal codes, classifies crime according to the victim of the crime such as?



○ Void for Vagueness:

▪ Criminal statutes are void for vagueness when they fail to clearly define the act prohibited ▪ The average person must be able to clearly understand what is prohibited

○ Right to Privacy:

Although the right to privacy in one's home is well respected in the law, many acts are still criminal even when  committed in the home

○ Void for Overbreadth:

▪ Criminal laws cannot be drafted to prohibit specific acts while prohibiting other acts that would otherwise be legal ○ Cruel and Unusual Punishment:

Laws must specify the punishment to be applied for violating the law and the punishment cannot violate the 8th  Amendment's ban on cruel and unusual punishment

• Corpus Delicti, elements that must be present for a crime to occur ○ Actus Reus: some act must occur, criminal thoughts must be acted upon 1. Voluntary movement We also discuss several other topics like What are the four intermolecular forces and how does each work?

2. Omission in the face of duty to act

3. Possession

○ Mens Rea: refers to criminal intent

○ Concurrence: joining of Actus Reus and Mens Rea

○ Causation: refers to the idea that the criminal act itself is what caused the harm ▪ Also known as Proximate Cause If you want to learn more check out What is done on a given job and what should be done on that job?

Harm: result of the act or injury to victim, physical or mental, governments may criminalize harm done to oneself if a  

societal harm exists

• Mens Rea vs Motive

○ Mens Rea: not the intent to commit the crime

○ Motive: refers to the reason for which the crime was committed

• Strict Liability: refers to behavior in which criminal liability will attach even if there is no intent, ex. Statutory rape • Inchoate Offenses (Incomplete Offenses)

1. Solicitation: urging, requesting or commanding of another person to commit a crime ▪ No intent or action required by the person being solicited  

▪ Carries a requirement of specific criminal intent

▪ Is the furthest removed from actual criminal action and carries the lightest penalties

2.

Conspiracy: requires at least 2 individuals, involves the planning of a crime and/or some action toward committing the  crime Don't forget about the age old question of What are the basic structures of bacteria?

▪ Face to face contact is not necessary, mere communication is sufficient for conspiracy

3.

Attempt: occurs when there is a criminal act and intent but for some reason, the crime does not occur exactly as  intended

▪ Closest to a complete act and carries a greater penalty than solicitation or conspiracy

▪ Criminal attempt generally cannot be renounced, ex. bank robbery

• Criminal Defenses

1. Alibi: witness is willing to testify in court that a defendant could not have committed the crime because the defendant   Study Guide Page 1 We also discuss several other topics like How many major plates are on the surface of the earth?

1.

Alibi: witness is willing to testify in court that a defendant could not have committed the crime because the defendant  could not have been at the crime scene when the crime was committed

▪ Credibility of an alibi witness is determined by the jury

2. Consent: defense that the victim in some way consented to his or her victimization ▪ Professional sports in which violence is common  

3. Entrapment: Based on the idea that criminal action must be voluntary

▪ Occurs when government officials provide the defendant both the intent and means to commit a crime ▪ Law enforcement is permitted to encourage people to commit crime

4. Immunity: generally refers to special protection granted to a defendant by the government from prosecution ▪ 4 types: Diplomatic Immunity, Legislative Immunity, Witness Immunity and Privilege

5.

Duress: a defendant claims that a crime was committed as a result of force or the threat of force (ex. the crime was  committed not of the defendant's free will)  

6. Mistake or Ignorance of Fact or Law: simple ignorance of the law is generally not a valid excuse for violating the law ▪ Mistake of fact is a valid defense (ex. theft)

▪ "Factual Impossibility" is also not a valid defense in that the act and intent are still present (ex. attempted murder) 7. Necessity: applies to defendants who commit crimes as a response to life-threatening situations ▪ Claims that the crime is out of necessity and not because criminal intent is present

8.

Self-Defense: individuals may use force to prevent an unprovoked attack which could cause the person serious harm or  death

▪ Individuals must use no more force than necessary

▪ Applies to unprovoked attacks

▪ Retreat Doctrine: Individuals must retreat from an attack if doing so does not put the person in danger ▪ Castle Doctrine: a person need not retreat within the home in certain situations

9. Youth: traditionally, persons under a certain age could not be held criminally liable for their actions, at common law: ▪ <7 = No criminal liability

▪ 7-14 = Diminished criminal liability

▪ +14 = Full criminal liability

10. Insanity: successful insanity defenses are extraordinarily rare and are seldom even raised

M'Naghten Rule: The person did not know the difference between right and wrong at the time the act was  committed

How the Model Penal Code defines crime: set of guidelines for what are considered the best practices or legal codes, classifies  crime according to the victim of the crime such as:

○ Crimes against the State

○ Crimes against Persons

○ Homicide

○ Crimes against Habitation

○ Crimes against Property

Chapter 5

• Jurisdiction: refers generally to the geographic area of responsibility that a law enforcement agency has • 4 types of jurisdiction:

○ Federal

○ State

○ County/City

○ Municipal

• Original 2 federal law enforcement agencies: U.S. Marshals Service and U.S. Postal Inspection Service • 3 major types of federal law enforcement:

1. Military Police

2. Tribal Police  

3. Civilian Police

• Federal Bureau of Investigation (FBI)

○ Founded in 1908

○ Changed drastically under directorship of J. Edgar Hoover

○ Grown significantly since the 1930s with dual responsibilities of criminal investigations and domestic intelligence ○ Operates the FBI Academy in Quantico, VA

○ Administers the National Crime Information Center

Priorities are protecting the US from terrorist attacks and gathering information related to foreign intelligence and  

espionage

○ Also investigates numerous other violations of federal law and assists state and local law enforcement agencies • U.S. Secret Service

○ Established April 15, 1865

○ Part time protection in 1894

○ Full time protection in 1901 following assassination of William McKinley

Responsible for investigating violations of numerous federal laws related to counterfeit currency, financial fraud, cyber   Study Guide Page 2

Responsible for investigating violations of numerous federal laws related to counterfeit currency, financial fraud, cyber  

fraud and other financial crimes as they relate to the support of terrorism

○ Protective responsibilities include:

▪ President, vice-president, major candidates, heads of state, first and second families and their children until 16 ▪ Former presidents

▪ White House, Naval Observatory and Foreign Embassies and Consulates in Washington, DC

▪ National Special Security Events

• Only state that doesn't have a state law enforcement agency: Hawaii

• 2 primary functions of state law enforcement: highway patrol and investigations

• Functions of county law enforcement:

○ Administered by a county Sheriff's Office

○ Sheriffs obtain their position through election

○ Along with deputies, responsible for many law enforcement functions within their respective county

Perform same basic police services as city police departments such as routine patrol and investigations but may vary  

depending on the jurisdiction

○ Sheriffs and their deputies also serve as officers of the court and operate county jails ○ Jurisdictional conflicts also exist between county and city law enforcement ○ Solution: many larger jurisdictions have moved to incorporating county and local agencies • Primary roles of local law enforcement:

Arguably most recognizable type of police, up to 60% of all sworn law enforcement personnel working for local law  

enforcement agencies

○ Jurisdiction restricted to city limits

○ Roles and responsibilities:

▪ Traffic enforcement

▪ Routine patrol and directed patrol

▪ Investigating crimes

▪ Order maintenance

• City with largest local law enforcement: New York City Police Department is largest municipal police department in the US • Police Selection Hiring Processes:

○ Written exam

○ Oral board/interview

○ Physical fitness tests

○ Polygraph

○ Background check

○ Medical exam/drug screening

○ Psychological evaluation

• Field Training vs In-Service Training

○ Following academy training, new officers may be assigned to a Field Training Officer (FTO) program ○ In-service training is performed throughout an officer's career in order to maintain various job-related skills • Life of a Law Enforcement Officer:

○ Police departments and agencies are required to be staffed and on-call 24/7

○ 9-5 shifts are very atypical in law enforcement

○ Officers may work shifts of 8-12 hours and work rotating shifts (alternating between day and night shifts) ○ For patrol officers, shifts are spent in assigned areas of responsibility or "beats", each with their own challenges • Police Subculture

○ Law enforcement officers by nature do a job that is different than most other professions

○ Police officers tend to feel a sense of isolation from the public

○ Police offices also find support and solidarity within each other

○ Forms of police stress: fear of civil liability, workplace stress, family stress, and keeping up with the law

Police officers in general suffer from higher rates of suicide, drug and alcohol abuse, various mental and physical health  

problems and divorce than the general public

○ Police work is inherently dangerous, although police deaths in the line of duty are relatively rare

The unpredictability of police work refers to never knowing when a dangerous situation will arise or when one will  

become involved in a critical incident

• Stress and Law Enforcement

Even though assaults on police officers and deaths in the line of duty are rare, they can and should influence hiring and  

training and can affect offices and departments in their aftermath

Suicide by Cop/Police: a suspect, without having intent to harm a police officer, places himself or herself in a situation  

where a police officer is compelled to use deadly force

• Community Policing

○ In general, a partnership between police and the community to work together to combat crime and disorder Emphasizes: crime prevention, quality of life, alternatives to arrest

 Study Guide Page 3

○ Emphasizes: crime prevention, quality of life, alternatives to arrest

Broken Windows Theory: idea that ignoring public order violations and disruptive behavior leads to community  

neglect, which fosters further disorder and crime

Zero Tolerance: with regard to Broken Windows, it is the practice of strict enforcement of minor offenses in order to  

send a message to other offenders

Posse Comitatus Act of 1878: act that limits the powers of local governments and law enforcement agencies in using federal military  personnel to enforce the laws of the land

• The roles and responsibilities of the federal law enforcement agencies  

○ U.S. Marshals Service

▪ Oversees federal court security, serve papers of federal courts, perform federal law enforcement duties

Movement and custody of federal prisoners, capture of inmates from federal penitentiaries, management and selling of  government assets and protection of witnesses

○ U.S. Postal Inspection Service

▪ Responsible for security of U.S. mail and mail carries and investigation of mail fraud ▪ Law enforcement limited to crime related to protecting the integrity of mail services ○ U.S. Secret Service

▪ Full time protection in 1901 following assassination of William McKinley

Responsible for investigating violations of numerous federal laws related to counterfeit currency, financial fraud, cyber fraud  and other financial crimes as they relate to the support of terrorism

○ Federal Bureau of Investigation (FBI)

▪ Grown significantly since the 1930s with dual responsibilities of criminal investigations and domestic intelligence ▪ Operates the FBI Academy in Quantico, VA

▪ Administers the National Crime Information Center

▪ Priorities are protecting the US from terrorist attacks and gathering information related to foreign intelligence and espionage ▪ Also investigates numerous other violations of federal law and assists state and local law enforcement agencies ○ Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

▪ Responsible for regulating alcohol, tobacco, firearms, explosives and arson

○ Drug Enforcement Administration (DEA)

▪ Enforce U.S. controlled substances laws and regulations and to bring to criminal and civil justice systems of the U.S.  ○ National Security Agency (NSA)

▪ Responsibilities related to national security posed by foreign governments and powers

○ Central Intelligence Agency (CIA)

▪ Same responsibilities as the NSA but cannot conduct any operations on American soil

• National Crime Information Center (NCIC): nation's largest database of computerized criminal information on wanted felons, people on  parole, criminal history, and stolen items

• The "operational strategies" of law enforcement:

○ Watchman Style: focused on maintaining order, in industrial blue-collar communities, broad discretion in enforcement of legal codes

Chapter 6

Legalistic Style: focused on professionalism, associated with reform-minded cities with mixed socioeconomic communities, police  reflect a single standard of professionalism for the community  

Service Style: protecting homogenous community against outsiders, police provide service and informal interventions for community  members, associated with suburban, middle class communities

• Direct Oversight vs Indirect Oversight

○ Direct Oversight: refers to how laws and judicial decisions influence police behavior

○ Indirect Oversight: refers to available remedies for citizens when agencies or officers do not observe legal standards • 3 Purposes of the Rule of Evidence:

○ Stipulate the requirements for the introduction of evidence

○ Define the qualifications of expert witnesses

○ Define when evidence is relevant to a case

• Exclusionary Rule

Stipulates that evidence against a defendant is inadmissible if it is obtained in violation of constitutionally protected civ il  

liberties and rights

○ Weeks vs US (1914) - U.S. Supreme Court creates the Exclusionary Rule

○ Mapp vs Ohio (1961) - U.S. Supreme Court rules that all states must adhere to the Exclusionary Rule • Fruit of the Poisoned Tree Doctrine

○ Expands on the Exclusionary Rule by stipulating that evidence obtained indirectly through illegal means is also inadmissible • Search: any activity performed in order to find evidence to be used in a criminal prosecution

Seizure: any instance in which a person is deprived of their liberty or freedom of movement or when an individual's property is  seized or taken by a government actor following a search

• Exceptions to arrest warrant

1. Search Incident to Arrest

▪ A warrantless search of an arrested person immediately following their arrest

▪ Limited to: person and anything they may be carrying, the person's "arm span", recently occupied vehicles  Study Guide Page 4

▪ Limited to: person and anything they may be carrying, the person's "arm span", recently occupied vehicles 2. Plain-View Searches

▪ Searches conducted by police officers when evidence of a crime is readily observable

▪ Requirements: a lawful starting point, the item is "immediately apparent"

3. Consent to Search

▪ Yes you can refuse a consent search

▪ However, in cases where consent is granted, all evidence obtained is admissible

▪ The catch is that the person granting consent must be allowed to do so

□ Ex. Generally, other people cannot grant consent to search places where others have an expectation of privacy ▪ It doesn't matter if you are aware of your right to refuse consent, you may still grant it

▪ Consent searches cannot be the result of duress

▪ Consent searches are limited to the person granting the consent

▪ Consent may be withdrawn at any time

4. Automobile Searches

▪ Carroll doctrine (Carroll vs US (1925))

▪ Occur when a police officer has probable cause that evidence of a crime exists

▪ Occur because delays in getting a warrant would result in the loss of evidence

▪ Drug sniffing dogs are acceptable during traffic stops

▪ Impound searches are also permissible

5. Pat Downs/Stop and ID

Pat downs or "Terry Frisks" are acceptable when there is "reasonable suspicion" that criminal activity is present  (Terry vs Ohio 1968)

Pat downs are limited to the outer part of a person's clothing or the outer part of any bags or containers the person  may be carrying

▪ Searches that start as pat downs may be expanded if evidence is found

Stop and ID laws have been upheld by the U.S. Supreme Court when a police officer has reasonable suspicion that  criminal activity is present (Hiibel vs Sixth Judicial District Court of Nevada, 2004)

6. Public Safety

Overall, police may conduct warrantless searches when probable cause exists to support the presence of a weapon  and when not conducting the search would endanger the officer(s) involved or the general public

▪ Airport, subway, border, school searches, some checkpoints (DUI, Crime Info)

7. Good Faith

▪ Involves cases where a warrant is issued, but for some reason the warrant is later found to be invalid ▪ Evidence obtained in good faith is admissible in court

8. Exigent Circumstances

Hot Pursuit restrictions: police must have a lawful starting point, applies only to "serious" offenses, scope is limited  to what is reasonably necessary to prevent dangers posed by suspects and prevent escape

• Interrogations and Confessions

○ In general, 5th and 6th Amendments to the U.S. Constitution establish the rules for interrogations and confessions ○ Must be given knowingly and voluntarily

○ The Miranda Warnings

▪ Originate in the case of Miranda vs Arizona (1966)

▪ Suspects must be informed of their right to remain silent and their right to have an attorney prior to questioning ▪ Spontaneous confessions are an exception

• Law Enforcement Use of Force

○ Use of deadly force

▪ The rules guiding police use of deadly force are driven by the Supreme Court's ruling in Tennessee v Garner (1985) ▪ This case strikes down "fleeing felon doctrine"

▪ However, the rule allows police to use deadly force to prevent the escape of a dangerous suspect or a suspect who  presents a "clear and present danger"

○ Use of non-deadly force

▪ Driven by the Supreme Court's ruling in Graham vs Connor (1989)

▪ States that police officers may use less than lethal force in ways that are "objectively reasonable" in light of the  circumstances

▪ Many police departments use a "use of force continuum" to guide officers in appropriate use of force  Study Guide Page 5

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