Criminal Justice Test 2 Material
Criminal Justice Test 2 Material CJ 100
Popular in Criminal Justice
Popular in Criminal Justice
This 0 page Study Guide was uploaded by sjguertin Notetaker on Friday February 26, 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 747 views. For similar materials see Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/26/16
Criminal Justice Test 2 Wednesday March 2nd Fourth Amendment Remember 0 Protection against unreasonable searches and seizures 0 Probable cause reasonable person has to come to a conclusion based on evidence that a crime has occurred 0 No general warrants must be specific When warrants are NOT required 1 Consent gt Waving your fourth amendment rights gt Can t go backno time outs once you ve given consent 2 Plan View Doctrine gt This includes areas visible from the air gt Anywhere the police are legally allowed to be a Including helicopters with public air space gt If something is in plain sight and even though the police were not looking for it specifically it can be seized 3 Plain Feel and Plain Smell gt If a police officer smells alcohol or weed in your car they can search your car gt Police dogs who sniff luggage in public places are not conducting searches so you are not subject to 4th Amendment protections a If you are in a public place like an airport a dog can sniff your bag legally and if they give a positive sign to the officer that counts as probable cause Even if you are pulled over for a minor traffic violation they can order you out the car however they cannot legally search your car Weeks V United States 1914 Exclusionarv rule is created 1914 Huge check on police power making sure the search and seizure was legal Only applied to federal cases Mapp vs Ohio 1961 Dorlen Mapp was suspected to be involved in a bombing plot and the police got a search warrant to search her house for BOMBING material gt They get to a filing cabinet bombing material are probably NOT going to be in there and they find porn gt Dorleen Mapp says I m allowed to have that because freedom of expression gt This case Extended the exclusionary rule to the States via the Due Process Clause in the 14th Amendment a Don King was involved with probably the biggest Supreme Court precedent to date Katz V United States 1967 Katz was doing interstate criminal activity involving gambling and he was using a public telephone booth so the FBI put a bug inside the telephone book to hear his conversation Key Issues 1 Right to privacy does it extend outside the home telephone booths public places 2 Do you need physical intrusion to constitute a search Ex Wiretapping Ruling Private conversations can be made in public places Wiretapping violated privacy and therefor constituted a search and seizure unreasonable Need a warrant Think about the evolution of technology cell phones What a person knowingly exposes to the public even in his own home or office is not a subject of Fourth Amendment protection gt Because Katz shut the door to the phone booth each time he did not know he was exposing his information to the public gt Talking on you phone in public no protection of privacy gt In the library in a study room on your phone with the door shut privacy protected California V Greenwood 1988 California was suspected for drug use and the police searched his trash on the side of the road for any sign of drugs The police tried to say that because it was on the side of the road it was in a public place for public consumption and anyone could have searched it 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of home No reasonable expectations of privacv for trash on the side of the street This parallels to using social media EX If you commit a crime do not post anything about it online or it can be used against you in court Kyllo V United States 2001 Kyllo was going weed and the police needed to see in his home to find the intense heat source so they used a thermal imagining technology to see through walls The use of thermal imagine technology constituted a search did not fall under the plain view doctrine because it was not in plain sight They needed advanced technology to see what they needed to see As technology advances we have to keep update with the Fourth Amendment Domestic Drones and the Fourth Amendment gt Bug sized drones that record what you are doing outside your home a Legal or not Court case to come Media Data Program of NSA Extreme powers like that have been abused in the past so it will be abused in the future gt political gain gt finding dirt on people speaking out on corruption gt people finding dirt on significant others K9 Searches Sniff by a police dog is not a search under the 4th amendment US vs Place 1983 Positive alerts by K 9 units are treated as probably cause Is it constitutional for the police to stall when pulling you over and wait for a canine to arrive to sniff your car gt Police can only make you wait for the allotted time it takes to write a ticket 10 15 minutes a If a dog is 5 minutes away and can make it within the allotted time it is fair game Florida V J ardines 2013 Is a k 9 unit sniff outside of the house a 4th Amendment search gt A search requires both probably cause and a search warrant gt You can t just walk down the street with a dog sniffing everyone s houses and searching all the ones that the dogs give a positive sign Terry V Ohio 1968 Based on reasonable suspicion an individual can received a stop and frisk gt Basic pat down of outer extremities a Looking for guns Terry Stop applied to traffic stops as well Motor Vehicle Exception Allows the search of a motor vehicle without a search warrant still have to have probable cause gt Examples of probably cause sight or smell of contraband plain view plain smell gt Minor traffic violations are not considered probably cause If the search and seizure was not lawful then all evidence found is thrown out due to the exclusionary rule 5th Amendment Grand Jury Indictments Grand jury decides whether the prosecution has enough evidence to bring a defendant to trial Probable cause indictment formal charging green light to proceed No probable cause no bill suspect not charged Grand Juries Prosecutor presents evidence against suspect Advantageous for prosecution because 1 Proceedings are secretive only prosecutor and jury present gt Exception if the prosecutor invites the defense to come not usually in the best interest for the prosecutor 2 Exclusionarv rule does not apply to grand jury proceedings 3 Prosecutor can choose which evidence presented to jury gt They don t have to Miranda Warnings Miranda vs Arizona 1996 protects Fifth Amendment rights of individuals against self incrimination 1 Inside the courtroom 2 Out on the street Rights read AFTER a person has officially been taken into custody but before any interrogation takes place If you start talking on your own they do not have to read you any rights gt Officers will use tricks like putting you in the back of the police car Reasons for Miranda Protection against forced confessions compelled self incrimination gt Holding a gun up to your head Protection against lengthy interrogations without legal counsel Public safety exception can forgo Miranda warning s if there is a threat to public safety gt Emergency circumstances Criminal Court Burden of Proof Beyond a reasonable doubt gt Does not mean absolute certainty gt Quantify 97 99 gt Reason the threshold is so high a Dealing with a substantial deprivation of liberty gtgt Life in prison death penalty etc Civil Court Burden of Proof Preponderance of Evidence gt Tort civil wrong think Lawsuits not criminal offenses a Suing for some type of wrong done against you gt Quantify 51 501 gt Compensation from damages or injuries Stella Liebeck vs McDonalds 7th Amendment gt Right to a jury trial in civil cases gt Specifically dealing with civil court a Only amendment that deals with civil and not criminal Tort Reform gt When someone commits one they have harmed you in some way gt The ease of you to enter the civil court Compensatory Damages gt Direct compensation for the actual wrong Punitive Damages gt How to send the company a message a Hit them where it hurts with a Keep corporations in check and reform bad behavior Case In General gt Stella was not driving when she spilled the coffee on herself a She was in the passenger seat putting her creamer in the stopped car gt Stella s injuries were so bad they thought that she might not live gt Her daughter wrote McDonalds asking for them to cover her medical bills 10000 and to just check their machines a McDonalds only offered her 800 so they went to court a Media acted like she was trying to take economic advantage of the court system gt McDonalds knew the temperature of coffee was at 180 190 degrees as hot as your radiator after a drive gt Court declared 20 of the blame on Liebak for spilling the coffee and 80 on McDonalds for knowing about this problem and ignoring it Crime Control vs Due Process Two competing models of criminal justice administration 1 Crime Control Assembly line 2 Due Process Obstacle Course Crime Control Assembly Line Justice gt Crimes come in and crimes come out as fast as possible gt Speed and efficiency are the main goals Avoids the courtroom promotes plea bargaining gt Pleading guilty with a reasonable eXpectation for a reduction in a charge for a lighter sense Due Process Model Obstacle Course Justice gt Stressed using the adversarial courtroom process gt The Media presents a fictional depiction of the obstacle course gt Everything ends in jumping through a lot of hoops challenges a In actuality a small percentage make it to criminal trial Strained resources make this model problematic Test Question gt What percentage of criminal convictions come from negotiated plea deals please bargaining a 99 Benefits of Plea Bargaining 1 Criminal defendants chance at a less severe punishment 2 Judges no time wasted in the courtroom 3 Prosecutors allow them to move onto the next case in terms of their conviction rate plea bills are a win 4 Defendant like a corporate business you get your money and move on to the next case Criticism of Plea Bargaining 1 Due process concerns defendants give up their constitutional rights right to trial by jury 2 Sentencing policies reduces society interest in appropriate punishments for crimes gt Ex People who could get life in prison for 1St degree murder get a less severe sentence Legal Cases Boykin vs Alabama 1969 gt Defendants must state they made their plea voluntarily before a judge can accept the plea Santobello vs New York 1971 gt If the prosecution has promised a lenient sentence as a result of a plea deal the prosecution must keep that promise The Goals of Punishment 1 Retribution gt Deserved Punishment a The severity of the punishment should fit the seriousness of the crime a Eye for an eye and pay their debts to society 2 Deterrence gt Criminal punishments used as a basis for affecting the future choices and behavior of individuals gt Potential offenders will consider the costs vs benefits before committing a crime 2 Types of deterrence 1 General deterrence provides an example to the general public that discourages criminal behavior EX seeing criminals doing community service on the side of the road 2 Specific deterrence targets the decisions and behavior of offenders who have already been convicted gt Recidivism a person commits a crime and then they go back out and commit another crime after serving their time a Recidivism rate today 40 50 rate in the US 3 Incapacitation gt Depriving an offender of the ability to commit crimes against society using by detaining the offender in prison gt Capital punishment is the ultimate method of incapacitation gt Selective incapacitation targeting repeat offenders with longer prisons terms career criminals a Some people just will not reform a EX 3 Strike Laws life in prison after 3 crimes Death Penalty as a Criminal Sanction gt The US Supreme Court suspended its use from 1972 to 1976 amid debates concerning the Eighth Amendment cruel and unusual punishment Furman V Georgia 1972 gt Holding Supreme Court found that the death penalty was being imposed in an unconstitutional manner gt Never ruled the death penalty itself to be unconstitutional a Focused on arbitrary application a If you are going to use it for all cases use it for all It has to be streamlined equally across the border Which state has the largest total of death row inmates California 734 4 Rehabilitation gt Goal of restoring a convicted offender to a constructive place in society through training therapy gt Focuses on the offender offenders are treated not punished gt Judges should avoid fixed sentences instead using maximum and minimum guidelines to release offenders when rehabilitated l FixedDeterminate Sentencing 2 Non fixedIndeterminate Sentencing History of Criminology What is Criminology gt Trying to understand crime through a science gt The reason it is important to study is because we want to allocate funding accordingly The quotDemonic Perspective of Crime The dominant theory of crime was the demonic perspective up until the mid 1700s gt Crime was said to be the result of supernatural forces Ex spirits demons gt You were possessed to engage in criminal activity gt The only way to reform people was to physical ride them of the procession Ex torture The Shift Away from the Demonic Perspective Age of Enlightenment gt Our founder read the works of people who wrote about criminal justice in this age and it impacted their decisions a Ex 8th Amendment Cultural movement aimed at promoting rational thought while opposing superstitions Classical Criminology Classical Criminology gt Was a product of the Age of Enlightenment gt First attempt to explain crime through scientific terms gt More effective criminal justice system Cesare Beccaria was the first and most prominent Classical Criminologist with his work An Essay on Crimes and Punishments 1764 About Classical Criminology Individuals are being rational beings rational choices Maximize pleasure and minimize pain costbenefit Crime is committed through FREE WILL not by evil spirits Unless individuals are deterred they will commit crimes specific vs general deterrence Classical theory focuses on natural forces that can be observed absence of effective punishments more crime Three Elements 1 Swiftness of Punishment gt Want to avoid people being held in jail for years before being tried 2 Certainty of Punishment gt Use deterrence to discourage crime 3 Severity of Punishment gt Proportionality gt Minor crime minor punishment gt Maj or crime major punishment Blind Justice Law applies equally to EVERYONE EX Animal Farm gt Squealer adds in the Constitution that some animals are more equal that others gt Discrepancies in CJ system gt Have to have an equally distributed CJ system Problems with Classical Criminology Are all people rational gt No mentally ill juveniles Lombroso and Positive School Argued many criminals were genetic throwbacks primitive people struck in modern society Criminals are different from non criminals Lombroso with the positive school argued that many criminals have not evolved mentally as law abiding people had gt Positive School was first attempt at a biological approach with crime Emergence of the concept 0 the born criminal Positive School kind of resembled racial profiling considering they wanted to lock up everyone with certain physical attributes Rise of Sociological Theories Growth of cities and industries urbanization Social changes were implicated in the rise in crime gt A lot of social unrest gt Criminology would study why is crime eXploding in these developing cities Forces outside individual control resulted in criminal behavior environmental factors Social Disorganization in the City looking for social changes gt Looked at living conditions crowded horrible conditions University of Chicago Research Understanding crime was no an individual bases but studying the collective group sociological approach gt Earliest attempt to explain crime through a sociological approach Researchers focused on traits of neighborhoods in Chicago gt Some neighborhoods had high crime rates some had low but all of them were consistent stable Ernest Burgess Concentric Zone Model gt Business district transition working class better residence commuters Zone in Transition Zone 2 Located just outside of the central business district factories industry etc gt Highest crime rate Impoverished newcomers settle factory workers ineXpensive housing all in this zone Outside zones considered suburbia Social Disorganization Zone 2 had more social disorganization than other zones Breakdown of the social institutions in a community causes crime Poverty rapid pop growth transiency etc gt Transiency people moving in and out of an area Juveniles were especially impacted gangs vice activities etc gt Parents working in industries and left alone Learned criminal behavior Edward Sutherland gt differential association theory What the Research Showed Crime was higher in the Zone in Transition Rates of crime by area remained relatively stable Meaning that characteristic of the areas neighborhoods not individuals regulated crime gt Crime is not always the product of the individual but it is the product of the environment Findings led to the Differential Association Theory Lombroso and the Positive School Determinism idea that most human behavior is determined by factors beyond free will and free choice Lombroso s idea of the born criminal gt Born either a criminal or a non criminal After Lombroso IQ Testing Era Still focused on individual differences early 1900s Intelligence Quotient IQ developed by Alfred Binet France gt IQ testing carries a lot of weight in the court room Binet said IQ m be changed and used to help show leaners gt Could be used for the better a EX If someone has a low verbal IQ score you can target that individual and try to raise his score positive for society bc you can raise society to the norm IQ Testing United States Associate HH Goddard with IQ testing in the United States IQ used to deport incarcerate and sterilize and target low IQ individuals early eugenics Goddard believed that IQ could not be changed steric innate genetic Labeled a low IQ as feeblemindedness Goddards s Feeble Mindedness Thee subgroups for low IQ individuals high or low 1 morons 51 70 2 imbeciles 26 50 3 idiots 1 25 According to Goddard the biggest threat to progress of humanity were the morons gt Although the morons were in the low IQ group they were the upper hand They were just functioning enough to reproduce and their offspring would also be a moron This would eventually lead to the decay of society His world resulted in sterilization is this constitutional Supreme Court Weighs In Buck V Bell 1927 discussed the issue of sterilizing targeting low IQ individuals Upheld the use of sterilization for the purposes of limiting reproduction who were deemed feeble minded protection and health of the state gt Never officially been overturned interesting gt Very controversial Sterilization over IQ scores continues until the 1970s BodyType Theory Mid 1940s William Sheldon Model of Somatotyping gt Wanted to do an Ivy league study of researching different body types Somatotyping links body type to risk for delinquent criminal behavior 1 Endomorph jollylazy 2 Mesomorph risktaking aggressive gt Stronger athletic build gt Sheldon wanted to do further research gt Believed they would be the ones committing the crimes 3 Ectomorph introverted shy Mesomorph weren t out there committing street crimes but they were committing white collar crimes in their sophisticated business jobs gt Political crime instead of physical crime Adrian Raine Neurocriminology examining genes for potential criminal behavior gt Research if psychopaths have different brain activity than of non psychopaths gt Merged biology and environment gt Discovered that higher Testosterone levels and low resting heart rates when viewing disturbing images may lead to aggressive and violent behavior a Look for that thrill to get heart rate elevated Molecular Genetics Examines variations in genes MAOA Gene Warrior Gene gt Low activity in MAOA gene may lead to aggressive and violent behavior gt Monoamine oxidase A Environmental Toxins Chemical substances and heavy metals aggressive behavior Research has shown that boys with high amounts of lead in their bones had more reports of aggressive and delinquent behaviors gt What is the biggest cause of this saturation of lead a Gasoline a Once lead is released into the environment it gets into the soil Ex High lead levels in New Orleans high lead levels match up with high crime rate areas Diet and Crime Behavioral issues can stem from deficiencies in 1 Omega 3 fatty acids 2 Magnesium hyperactive behavior 3 Zinc hyperactive behavior gt With these you will improve life overall gt Nongentic research gt Eat better feel better Policy Implications of New Biological Theories If bio is the only cause of crime offenders will not be deterred by fear of punishment or rehabilitation Thus it s a little bio and a little environment The Real Life Silence of the Lambs Documentary gt Behavior analysis unit Dr Pat Kirby gt Clarice gt First Female Profiler Ted Bundy gt Scored 39 on Psychopathic test gt Escaped from jail gt Likeable Charming Gein gt 5060 3 range gt took face off victim Gary Ridgeway gt Most prolific serial killer in American history Part II Psychological Theories of Crime Individual differences in behavior and personality Characteristics study of the mind Early childhood experiences are underscored gt Usually something happened to that individual as a Child which initiated that criminal behavior Fact vs Fiction gt Cases can take up to a year and a lot of cases go cold Psychoanalytic Theory Sigmund Freud All humans have natural drives and urges repressed in the unconscious gt Why aren t we all criminals a It depends on those early Child experiences whether we act out on criminal tendencies All humans have criminal tendencies gt How these characters manifest themselves later in life The Id the Ego and the Superego Human nature includes instinctual drives that demand gratification These drives involve pleasure seeking Irrational antisocial and instinctual impulses Freud referred to these pleasure seeking drives as the id gt gt ltunconsciousgt ltgtlt The id is restrained by moral and ethical codes known as the superego Children internalize these codes as a result of their attachment to their parents The superego is moral compass What would an underdeveloped superego mean gt More likely to engage in criminal activity if you do not know what is right and what is wrong gt No moral code What would an overdeveloped superego mean gt Never wanted to take risks Adults develop a rational part of their personality known as the ego The ego mediates between the drives of the id and the restrains of the superego gt The moderator between the two Leads in making decisions gt This is the reason why you cannot get the death penalty if you are under the age of 18 because your ego has not developed fully which would lead to rational decision making The Iceberg Metaphor IF reuwd39s Conception of the Human Psyche a The Iceberg Metaphor Conscious y Prinzconscious amperage Egg Hunmnscinus Um corner ows L 39 Nute Ego is freafi uating in all ihl I E39UE39IS Normality vs Abnormality Normality is defined in negative terms not psychopathic not neurotic etc Defining what is normal is difficult something commonly done doesn t make it normal Accepted normal change over time The Criminal Personality Researchers have not yet fount a single criminal personality Focus on identifying personality traits and patterns including gt Criminal thought patterns gt Chronic lying intense gt Anger and aggression gt Manipulativeness they want to dominate the conversation gt Lack of self control The Psychopath Outer facade of normalcy convincing mask of sanity gt A lot of psychopaths live a double life EX Ted Bundy was in law school and his peers were defending him because they could not believe he could commit such terrific acts EX Dexter and his dark passanger EX Christian Bale in American Psycho Not all psychopaths are serial killers EX white collar criminals who are psychopaths Come across as likeable adjusted and well meaning Only through continues interaction and observation that the darker nature is revealed Robert Hare and Psychopathy Chief proponent today of psychopathy as a theory of criminal behavior Hare is the author of both the original and revised Psychopath Checklist PCLR gt 20 interview type questions gt Scored O l and 2 on each question 0 being a normal answer and 2 being a psycho answer gt Scored 0 40 on the entire test 0 being normal 2 being a perfect psycho gt You have to score a 30 or higher to be qualified a psycho path Not very easy your answers plus your criminal history are taken into consideration The PCLR is the most widely use instrument for the measurement of the psychopathic personality gt Assessment in interview style gt Asks questions about your responses to different situations and why Hare s Description of Psychopaths Social Predators Ruthlessly plow their way through life leading a broad trail of broken hearts shattered eXpectations and empty wallets Preferred the term psychopath over sociopath because he believed factors beyond social forces psychological and biological also contributed to the develop of the psychopathic syndrome gt Sociopath is not recognized in the clinical setting Measuring Personality Personality tests or personality inventories aim to discover how criminal differ from noncriminal MMPI the Minnesota multiphasic personality inventory Dark Triad Group of three personality traits 1Narcissism 2Machiavellianism 3Psychopathy Interpersonally aversive distant from intimate interpersonal relationships 1Narcissistic Personality Grandiose selfview gt View of others with disdain or as inferior gt Unrealistic sense of superiority You are the best you gt Denial of weakness a Can do no wrong gt Lack of empathy 2Machiavellianism gt Manipulation and exploitation of others gt Cynical disregard for morality a Laugh at the idea of being ethical gt Focus on self interest and deception a It looks like they are trying to do something but they have another darker agenda gt The end justifies the means 3Psychopathy gt selfishness gt callousness a hardened sense of self gt superficial charm a conVincing mask of sanity gt remorselessness a not being about to feel or to love for others empathy Sociological Theories of Crime Forces outside of indiVidual control cause crime gt biological and psychosocial theories incorporate theories inside the indiVidual control to cause crime Think of sociological theories as pertaining to enVironment group behaVior learning society as a whole Environmental Criminology Concerned with crime as a whole not indiVidual criminals The central focus is on the opportunity to commit the crime gt try to do things to make the opportunity of crime committed against you more unlikely gt EX take self defense classes get an alarm system Broken Windows Theory Environmental Criminology Introduced in 1982 by James Q Wilson and George Kelling Criminals break a window of a house to see if anyone caresdoes anything about it but then after two weeks of nothing they enter the house maybe to rob it gt crime has a snowball effect If the homeowner would have fixed it and the neighborhood hand out yers on crime then they would not mess with that neighborhood and move on to the next Apathy vs upkeep active deterrence of crime Detroit one of US most abandoned cities gt crime ourishes Fix smaller problems in order to prevent larger problems more serious crimes Repair broken windows within a short period of time and keep neighborhoods and sidewalks clean gt be proactive gt show that people care One of the most famous Broken Window Theory stories gt NY had zero tolerance for crime including minor offenses like graffiti and cleaned up the city gt Saw 20 30 crime reduction Anomie Theory Focuses on explaining why some societies like the US have higher crime rates than others Robert Merton theorized the US places a relatively strong emphasis on the goal of monetary success Weak emphasis on the legitimate norms for achieving this goal like education and hard work Societies that fail to regulate goal seeking behavior are said to be characterized by a state of anomie or normlessness General View on Monday February 29th Quick Test ReviewMaj or Hints l Edwin Sutherland differential association theory of learned criminal behavior 2 Weeks case exclusionary rule to federal 3 Matthew Ohio case exclusionary rule to the states 9915 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Katz case right to primary outside the home 5th Amendment grand juries indictment official charging of grand jury Advantages of prosecution exclusionary rule does not apply do not have to present all evidence Miranda rights 2 prong test have to be in physical police custody and have to be read your Miranda warnings before official interrogatior asked difficult questions Criminal court beyond a reasonable doubt quantify 97 99 Civil court Preponderance of Evidence 51 501 7th amendment civil McDonalds case punitive damages that try to rectify a company s behavior McDonalds case Compensatory Damage Direct compensation for the actual wrong Plea Bargainingknow percentage Boykin vs Alabama Santobello vs New York can t go back on their word about their side of the bargain Classical school vs positive school Diet and Crime Id ego superego Sigmund Freud Psychopath traits Name of psychopath clinical test and who created it Dark triad
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