Review Guide Exam 1
Review Guide Exam 1 SOCIOL2209
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This 11 page Study Guide was uploaded by Dylan Smith on Monday February 9, 2015. The Study Guide belongs to SOCIOL2209 at Ohio State University taught by Deborah Wilson in Fall. Since its upload, it has received 154 views. For similar materials see Into Criminal Justice in Sociology at Ohio State University.
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Date Created: 02/09/15
Review Guide Chapter 1 0 Regina v Dudley and Stephens 1884 4 men on shipwreck in Coast of Africa On life raft for 17 days little food Slash 17 year old throat and eat him saved 5 days later All judicial decisions are fact driven Facts at trial 1 All 4 would have died 2 Parker would have died rst 3 At the time they killed him they had no reason to believe the would be rescued Court Decision Murder and Dudley and Stephens sentenced to death later reduced Better to die than to lower moral and legal principles US Courts Position Defense necessity to kill 0 If Threat to life is immediate and everyone has equal chance 0 Reality is people pick the weak 0 Development of AngloSaxon Law Tribalism Iron Age Social Bond Tribe over everything Law Tribal law Chief rules Responsibility Entire tribe Wronged Party Entire tribe Sanction Kill everyone blood feud Feudalism Social BondStratification Fiefdom lords and serfs LawObligations and duties Lords give serfs things for work Responsibility Collective and individual Wronged Party Collective and individual Sanction Compensation 0 Killing serfs would not help they are assets Legal System decentralized varies per location TerritorialismNation State 1066 William the Conqueror Catholics sinful by nature 0 Power of state set to control chaos protect everyone 0 Church Law vs State Law Social Bond Territory LawState Civil vs criminal Responsibility Individual Wronged Party State Sanction Mixed Legal System circuit courts 0 Appointed people go from place to place 0 Legal Procedures Determine Guilt Compurgation swear oath of innocence that attest character 0 Trial by Ordeal If God intervenes you are innocent if doesn39t you are Bene t of Clergy don39t have to follow state law have Canon Law 0 They said if you can read bible to don39t have to follow law Trail by Combat battle it out 0 Trial by Advocacy defendants defend themselves 0 System of law in uenced by everything politics religion etc 0 Criminal Justice 0 Police Courts PrisonCorrections Criminology different from criminal justice Study of criminal behavior Causes trends control prevention 0 Origin as Academic Discipline August Vollmer persuaded University of Cal to offer CJ courses 0 Because of organized crime corruption to professionalize police work 0 Cops only cared about keeping their politician in of ce 0 Solution is education courses focused on what you would do 0 Impact of Civil Rights and Vietnam War Giant protests of American people so everyone cared more Inequality criminals now looked at as victims Police defended segregation harmed protestors Civil Disobedience People broke law on purpose accepted consequences Arouse community awareness Nonviolent tactics met with violent police 0 Crime rate rose police gained bad reputation War on Crime 1967 PresidentJohnson declare war on care Commissioned research on crime and justice to make recommendations on reform Findings 0 No con dence in police to control crime 0 Quality of life eroded by fear Omnibus Crime Control and Safe Streets Act 1968 0 Law Enforcement Assistance Administration LEAA 0 Transfer of federal money to state and local departments 0 Departments had to make standards endorsed by national committee 0 Set equal standards for all departments built con dence 0 Law Enforcement Education Program LEEP 0 Education of cers were hired increase salaries more education 0 Demand for courses in school went up academic discipline expanded National Institute ofJustice NIJ 0 Supports money for new programs 0 Higher standard for police consequences for misconduct 0 Public perception got a lot better 0 Models of Criminal Justice System Goal to diminish crime to prevent chaos Whyif not people will not respect law hurt themselves fear rises promotes social freedom How punishments and quick arrests Innocent people get off convict guilty quickly Operates on presumption of guilt Informal fact nding if arrested considered guiIty Hate Miranda and warrants slows down process and gives convicts way out 0 Want pIea because triaIs give chance for convict to get off 0 Formal rules and procedures to make policeprosecutor more reliable Adversarial Proceeding Trail 0 Only way the truth comes out Protecting rights of individual 0 Innocent until proven guilty 0 Rather 10 guilty go free than convict on innocent 0 Balance Individual Rights vs Public Order 0 196039s balance favor Due Process Model Court decisions Iaw favor individual rights ChiefJustice Warren known for LANDMARK decisions changes ways Limit police power holding accountable for wrongdoing 198039s balance favor Crime Control Model crime going up and people are worried about safety Demand for protection War on drugs penalties greater 3 strikes and you are out 3 felonies25life 0 US Response to 911 Increase surveillance powers Country scared of another attack Bush tried to calm them down Providing appropriate tools to defend country Bush put Whitehouse version in last minute before vote 0 No one read it not original biII AII provisions expanded law enforcement power Arrests started to be made based on stereotypes Allows police to search wherever whenever with no noUce Everyone is scapegoat Able to demand 3rd party records medical library etc without warrant Only have to tell judge getting records is related to terrorismforeign Intel 0 FBI gives application of documents to 3rd party have to give them Gag order prohibits 3rd party to give noti cation of info release Undermines 4th amendment gives statefed more power Tap phones No warrant needed Only need to show tap is for ongoing investigation Not only phones aIso computers network 0 Only 1 warrant needed for and computer or phone 0 Needed on for each before Follows you everywherestate to state out of country Able to detain anyone who might be national threat Hold for as long as want to inde nite detentions Give government way to show something is being done after 911 Took one week to implement Took away lawyerclient communications as long as reasonable suspicion Takes away rights Passed way too quickly not much thought went into it Nobody discussed if there were problems with old surveillance Would 911 have been stopped if act was in place at time o Gives some branches more power 0 Undoes everything courts put on law enforcement Worried about permanent shift of power to state 0 People willing to give up civil liberties to make US safer right after 911 0 Everyone starts to oppose by 2005 0 12312005 After that date Patriot act no longer there Requirements to renew if still needed by president 0 1 Have to show power materially enhances securty o 2 Have to demonstrate adequate supervision to ensure rights Patriot Act II March 2006 o 14 provisions extended StateLocal Response 0 Passed provisions that deemed act violated civil liberties 0 Provisions of act deemed unconstitutional Chapter 2 How crime is tracked after 1930 not tracked before Measures amount and volume of crime in entire US FBI collects piles and reports crime Part 1index offenses 4 violent murder rape robbery aggravated assault 4 property burglary larceny theft arson Part2 all else but traf c offenses Trends Violent and Property crimes dropped 0 Aggravated assault most common murder least o Larceny most common arson least 0 Larceny so high because it is an umbrella offense Problems with UCR More crime happens than ones reported No federal crimes Only 29 offenses reported Voluntary system no one has to send numbers 98 do though Reporting Practices 0 People sometimes lie to get more funding 0 In ate numbers to show more need for money Individual Of cers Reporting 0 Of cers sometimes let things go Underreporting 0 Only counts crime reported to police 0 Less than 40 reported to FBI 0 Some people don39t want to go through process 0 Some fear retaliation 0 Reporting sometimes useless Hierarchy Rule 0 Highest offense shows when more than 1 offense occurs 0 Charges are led on every crime though Clearance Rates 0 Proportion of crimes that have been solved o Re ect arrest rates and not convictions o Exceptional clearance 0 Know who did it but can39t make arrest ea country dead 0 Part 2 offenses 0 Top offenses DUI larceny theft drugs simple assault Solution to problems in UCR Offense categories 0 A and B equaling 46 Includes completed and attempted offenses separated Ways different from UCR Broadens Sexual Assault to include more victims and acts 0 Gets rid of Hierarchy Ruleeach crime reported separately 0 Includes info on crime with what what time etc Only 16 states have converted because it cost a lot of money small pop States 0 Historical Trends Crime grows as population grows Rate increases men crime growing faster than population 194039scrime decreased sharply 0 Due to large number of men who entered military 1960early 199039s increase in most forms of crime 0 Due to return of soldiers from war disproportionate number of young people 0 Modi ed reporting process made reporting easier 0 19912010 decline of most major crimes Due to national effort to control crime Better agencies Innovative police programs Sentencing reform 0 Advances in forensic science and technology 4th shift starting now 0 Increase of crime due to jobless rate exconvicts back in street growth in teenage population in uence of gangs 0000 Measuring Crime 0 Bureau ofJustice Statistics BJS reports 6 index offense 0 Census people go to 41000 houses and talk to people 3 years Advantages Better indicator of crimes talking to actual victim Tells proportion of underreported crimes and why Collects details of offenses and victims 0 Experiences of the people with C system Problems 0 Hate Crimes Limited number of offenses People lie create offenses that never happened Some victims don39t feel comfortable telling Average person doesn39t know difference between crimes Sampling leaves people out 0 Illegal aliens homeless young black men have 3 highest victimization rates 102 mill vs 195mill reported crimes Hate Crime Statistics Act 1990 Mandates statistical tally of hate crimes Most hate crimes consist of intimidation Violent Crime Control and Law Enforcement Act of 1994 Created new category of hate crimes by gender and disabilities Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act Expanded de nition of hate crimes to include crimes based on sexual orientation gender identity and disability 0 Gun Control Legislation Early 19th 20th Century Few restrictions because unsophisticated weapons rural areas Sullivan Act 1911 Requires anyone in NYC to get license for concealed carry weapon Millions of people go to NYC from different places to cause crime National Firearms Act 1934 Created because of St Valentine s Day massacre Requires owners of speci c guns machine guns ri es etcto register and pay 200 tax high tax discouraged gun ownership Way to watch organized crime if witness quotdisappearedquot still have a way to charge 0 Miller challenges register sawed off shotgun 0 Didn39t think he should pay 200 tax o Is a militia right not personal 0 Bear arms is for national defense 0 Remanded case because supreme court did know if gun was national defense gun 0 Miller died before case was nished Gun Control Act of 1968 Created because of MLK JFK etc assassinations Banned mail order of guns Creates categories or people who can39t buy or have a gun o Felons drug users mentally insane quotdomestic violencequot children dishonestly discharged illegal aliens All guns have to have serial number Dealer of gun has to complete form showing buyer is allowed to buy 0 Buyer only had to sign paper Problems 0 Honor system 0 People only had to sign a paper saying they were allowed lie Brady Handgun Violence Prevention Act 1994 0 Brady attempted assassination of Regan he was mentally insane but got gun 0 Original Form 0 5 day waiting period 0 Background check 0 1998 waiting period gone instant background checks 0 Problems 0 People could buy guns and gun shows and ea markets 0 Very little data in background checks 0 Straw purchases have someone buy gun for you DC law bans hand guns must have license for legal pistol Heller challenged 2nCI amendment right Signi cance Problem 0 Only implies to federal places 0 Article on Gun Control Laws Zimring39s Position Guns are used in 70 of killings Guns are more deadly than other weapons Introducing 10000 loaded handguns into a social environment where Violent assault is a rare occurrence will not produce a large number of additional homicide Introducing 10000 handguns into an environment where rates of attack and willingness to use handguns in attack are both high is a change that would produce many more additional deaths Thinks gun control would prevent homicide Stell s Position Percentage of killings with guns have been constant Homicide rate independent from homicides with guns Other things such as bombs are just as lethal than guns Uses data to show if 10000 guns introduced to society homicide rate could stay constant depending on types of guns Self Defense 0 Victims who protected themselves more successful than with other weapons or no weapon at all
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