INCOMPLETE Test 3 Material
INCOMPLETE Test 3 Material CJ 100
Popular in Criminal Justice
Popular in Criminal Justice
This 16 page Study Guide was uploaded by sjguertin Notetaker on Monday April 18, 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 141 views. For similar materials see Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 04/18/16
Criminal Justice Test 3 Material (Final Exam) Visible Crime “Street Crimes” Majority of law enforcement resources Three Categories: 1. Violent Crimes 2. Property Crimes 3. Public Order Crimes Violent Crimes Physical injury or death is a result Most of these offenses are committed by people who know their victim 1. Murder and nonnegligent (voluntary) manslaughter > Willful (nonnegligent) killing of one human being by another (intent is present) > First degree murder – premeditated, intentional killings, felony murder (commission of a violent felony) Premeditation – planning ahead whether it’s 5 minutes before or 5 years before. Felony Murder Clause – if you are committing a felony, and someone dies, and st it’s your fault, then you can still be convicted of 1 degree murder. Ex: If you are robbing a bank with no intention of killing anyone, and you happen to drop your gun, and the bullet hits the wall and then strikes the bank teller and kills him instantly, you can be tried for first degree because you killed someone while committing a felony. > Second degree murder unplanned (death of a victim was a distinct possibility – reckless action) An extremely reckless act that you are going to be penalized for second degree murder Ex: drunk driving case when the driver is completely over the legal limit (15 drinks over) and kills someone > Voluntary manslaughter – intentional killing in which the offender had no prior intent (not premeditated) to kill (“heat of passion”) > Involuntary manslaughter Ex: if you are watching a child, and the child gets into something and dies because of your negligence Texting and driving and you hit someone and they die. > How egregious the prosecution views your act (gray area) 2. Forcible rape > Used to be carnal knowledge of a female forcibly and against her will > Update: FBI is changed the definition to include males and not just to include just forcible (unconscious, physically or mentally disabled, drugs/ alcohol, etc) 3. Robbery The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. What is the difference between robbery and burglary ? > Robbery is theft by force > Burglary is just a property crime 4. Aggravated Assault Unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury > Battery – physical connection > Assault – the threat of a physical connection Property Crimes The object of the thefttype offense is the taking of money or property, but there is no force or threat of force against the victims 1. Burglary The unlawful entry of a structure to commit a felony or theft To classify an offense as a burglary, the use of force to gain entry need not have occurred. 2. Larcenytheft The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another > Basically theft of anything but motor vehicles Examples are thefts of bikes, motor vehicle parts and accessories, shoplifting, pocketpicking, or the stealing of another property or article that is not taken by force and violence or by fraud. > Separate category for stealing motor vehicles 3. Arson Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property or another, etc. Public Order Crimes Acts that threaten the general wellbeing of society and challenge accepted moral principles > Ex: public drunkenness, panhandling, vandalism, and disorderly conduct Concern with these minor offenses is that they will lead to more serious crime and hasten urban decay Victimology Examines the impact of crime on victims 1. Who is Victimized? Demographics play a key factor (age and income) Lifestyle exposure model (factors places, times, and people) 2. The Impact of Crime All of us pay for crime (Ex: higher taxes, insurance premiums, feat, etc) Economic costs (lost property =, lower productivity) Psychological and emotional costs (pain trauma, etc) Operating the criminal justice system (remember the total annual cost of crime) Elements of Crime 1. Actus Reus – the evil act (guilty act) Act or conduct that is prohibited Must be a voluntary act or a qualifying omission > Voluntary – performed consciously as a result of effort (involuntary does not qualify as actus reus) > Omission – Failure 2. Mens Rea – Evil mind (guilty mind) Level of intent to commit an actus reus Think about the varying degrees of murder we discussed (and manslaughter) > First, second, voluntary (third), involuntary Strict Liability Narrow range of crimes that are exceptions to the requirements of actus reus + mens rea = crime Ex: Actus reus but no criminal intent (mens rea) 3. Attendant Circumstances Specific circumstances, which must surround the actus reus (criminal act) Ex: Is speeding a crime? > Driving a racecar on a track – legal > Driving your car on the highway – not legal 4. Causation of Result Result – Occurs because of the commission of the actus reus Example convicted of homicide (result – death of another human being) Direct vs Circumstantial Evidence Direct evidence – demonstrates proof beyond a reasonable doubt Circumstantial evidence (indirect evidence) – requires inference from a jury > Sometimes it is really strong, and sometimes it is really weak When it is weak, it is problematic Careers in Criminal Justice Police Officer Educational background > Starting to look for higher education as a requirement Reality of Work/Job description > Not realistic on TV except COPS, but still COPS only captures the action packed scenes > Majority of the time they are righting reports and testifying in courts Stress/Work life balance > Encounter danger quite frequently (external stress) > Seeing things you can’t forget (internal stress) Detective/Investigator Real world vs TV > Can’t start straight out of college > Not always action packed. How you get there > In order to become a detective, you have to put in years as a patrol officer (street experience). > At least 3 years as a patrol officer. Could be 58 years. > Very competitive > You could become apart of the Federal straight out of college but not a detective. A day in the life > Lost of time testifying in court rather than action packed scenes Attorney/Lawyer Law school – how you get there > Be sure you want to do it > Very expensive, time consuming > Very COMPETITVE and intense Passing the bar > Go to a law school where you want to work > The school will prep you for their state’s bar test Reality of work > Lots of hours (6080 hours) > Mundane tasks for about 35 years before getting better jobs. Specialty areas (prosecution, defense, civil, etc) > Narrow it down before entering law school > They are law schools for specialty areas Judge How you get there > Somewhat political position, appointed > If you are a successful attorney for about 710 years, then you can think about becoming a judge > Most are appointed for life Probation/Parole Officer Reality of work > If a criminal on probation defies his conditions while on parole, the parole officer has to decide whether or not to report that to the judge > Try to get clients back on their feet as active members of society Correctional Officer (CO) Work environment > In prisons > Lots of inmate violence on correctional officers in maximum sentence facilities Reality of work > Great stepping stone for better jobs like FBI, DEA, etc Federal Investigator Reality of work > Not like Criminal Minds > Spend most of the time behind the desk, writing reports, or testifying in courts > Might see a little action if you are lucky USAjobs.gov – jobs > Pathways program – hires recent graduates 1811 series Crime Scene Investigator Education/Training > Major in chemistry or biology Intelligence Careers Education background > A lot of analyzing data Foreign languages > Hot areas are foreign languages (Chinese, Arabic, Russian) and computer skills (coding, data analysis) Reality of work Private Detective (PI) Work Environment > Own private businesses > Behind the scenes type work > Never know where it will lead you in terms of environment As a Career > Very good at entrepreneurship Bondsmen/Bounty Hunters Nature of Work > You get to choose your clients. Don’t want to take on sketchy clients that might not show up for court > In charge of covering someone’s bail for them > Get to keep the interest > If the criminal does not show up to court, you have to drag them into the court (bounty hunters) > If you can’t find them in 6090 days, you are out of that money you covered for them Clinical Psychologist Nature of work > Hospitals, jails > Teach, research How you get there > Psychology major or criminal justice major or both with forensic background > 5 or 6 year you have an internship, and then you can become a clinical psychologist Zodiac Killer Case Facts Northern California (late 1960s – early 1970s) Originated the name “Zodiac” in letters taunting the police (ciphers) Zodiac claimed 37 murders in the letters (only 7 confirmed victims) Case Overview Robert Graysmith > No previous detective experience, cartoonist > Obsessed with the case and didn’t think law enforcement was doing a good job because of miscommunications of evidence, so he took it upon his hands as an amateur detective Paul Avery > Main crime reporter > After calling the killer a homosexual, the Zodiac killer starts targeting him and his family Inspector Dave Toschi > One of the main criminal investigator of the case Arthur Leigh Allen > One of the main suspects Circumstantial Evidence (Indirect evidence) > Some level of inference from a jury to connect point A to point B Zodiac Victims in the Film Micheal Mageau, 19, and Darlene Ferrin, 22: shot on July 4 1969 > Micheal survives not die, and sees the Zodiac Killer’s face. > However, the police do not ask Micheal what he has seen for decades. Bryan Hartnell, 20, and Cecelia Shepard, 22: stabbed on September 27, 1969 > Bryan survives as well. > He has heard the killer’s voice. Paul Stine, 29: shot and killed on Oct. 11, 1969 > Killed in a cab Zodiac Killer starts Circumstantial Evidence Reference to the “Most Dangerous Game” – Count Zaroff > A book about Count Zaroff who hunts humans > Zodiac killer wants to live out Count Zaroff’s game > Arthur also likes the “Most Dangerous Game” Zodiac watch – same symbol as the Zodiac killer uses on their letters > Arthur Leigh Allen owns watch with the same Zodiac symbol that the Zodiac puts on his letters Misspellings in letters > On purpose to poke fun at the police > Arthur Leigh Allen also misspells words on purpose in the same way in his Christmas Cards Militarystyle boot prints > Arthur is the same size shoe as the killer Corrections Corrections refers to ALL programs, services, facilities, and organizations responsible for the management of the accused and convicted. Prisons, jails, probation, parole, hallway houses, education and work release programs. > 30% prisons (jail time) > 70% corrections (programs) History of Corrections in the US Penitentiary (prison) – an institution intended punish criminals by isolating them for society so they can reflect on their crimes and reform. > Over crowding became a problem The Pennsylvania System Criminals could best be reformed if they were placed in penitentiaries Separate confinement – Inmates are held in isolation from other inmates. All activities including craft work, took place in cells (and in isolation). Solitary confinement would prevent further corruption inside prison > People who committed little crimes would learn how to do more serious crimes when put in the same jail. Offenders would reflect on their past transgressions and repent The New York System Industrial efficiency should be the purpose of prison Contract labor system Labor sold on a contractual basis to private employers. Private employers provided the equipment and inmates mad products to sell. > Cheap labor, maximizing profit = controversial > Is this a legit business model? Strict discipline, obedience was key. Cincinnati, 1870 Advocated a new design for the penitentiary system Reform should be rewarded by release > Reduced overcrowding > Created parole = early release from prison Indeterminate sentencing guidelines, instead of fixed sentences. Corrections in the US Each level of government has some responsibility for corrections (local, state, federal) State and local governments pay about 90% of the cost of all correctional activities in the nation. Models of Incarceration 1. Custodial model – emphasizes security, discipline, and order (assumes purpose of incapacitation, deterrence, or retribution) > Strict discipline 2. Rehabilitation model – emphasizes treatment programs (drug courts) 3. Reintegration model – Emphasizes tries to family and community (community corrections) The majority of prisons conform to the custodial model. Federal Bureau of Prisons Created by Congress in 1930 Facilities and inmates are classified by security range: Level 1 (least secure, camptype settings) Level 5 (the most secure, “super max” penitentiary at Florence, Colorado) > ADX Florence – “Alcatraz of the Rockies” State Correctional Systems Forty states have created prisons that exceed maximum security About 20,000 inmates are currently held in these “super max” prisons California’s Pelican Bay Private Prisons Response to prison and jail overcrowding and rising costs Argues that private enterprise can build and run prisons as effectively as government, but a lower cost to the taxpayers > Are they just trying to make a profit? Private facilities hold approximately 6% of all state prisoners and 15% of all federal prisoners Guaranteed occupancy rates > You have to have to fill a certain amount of spots in jail a year > You can create more offences to incriminate more people to fill a gap > You can also just pay up that difference from what you should have to what you have Jails Jails are used fro detention and short term incarceration (less than one year) Local facilities used to detain people awaiting trial Also serve as a holding facility for social misfits (junkies, disturbers of public disorder, prostitutes, etc) The Contemporary Jail Approximately 3,400 jails in the US Because of constant inmate turnover, correctional services are usually lacking in jails The mixture of offenders of differencing ages and criminal histories is also a problem. Community Corrections Community corrections seek to build stability and success for offenders through the community Finding employment opportunities is an important component of community corrections Based on the goal of finding the “least restrictive alternative.” Community Corrections Anything that takes place in the community with the least restrictive alternative Community corrections seek to build stability and success for offenders through the community Finding employment opportunities is an important component of community corrections Based on the goal of finding the least “restrictive alternative” Probation Conditional release into the community (avoids incarceration) Submitting to drug tests, obeying curfews, and staying away from certain people or parts of town. About 4.2 million offenders currently on probation Probation Services Dual Duty: Probation officers can be thought of as police officers and social workers Supervise clients (offenders) to keep them out of trouble and enforce the conditions of the sentence Help clients obtain housing, employment, and treatment services No way to effectively manage that many clients > National average for adult supervision is about 150, with some urban areas exceeding 300 > Very problematic How Probation Ends Probation ends in one of two ways: 1. offender has successfully complete the period of probation 2. the probationary status to revoked because of a technical violation (fails to meet conditions and abide by rules of probation Once the probationary term is completed, the sentence ends. Parole Provisional release from prison Types of Intermediate Sanctions Fines – Sums of money to be paid to the state by a convicted person as punishment for an offense Restitution – repayment in the form of money or service by an offender to a victim who has suffered some loss form the offense. > Paying a debt back to a victim Forfeiture – Government seizure of property and other assets derived from or used in criminal activity Types of Intermediate Sanctions Home confinement – a sentence requiring the offender to remain inside their home during specified periods (“house arrest”) Community service – requires the offender to perform a certain amount of unpaid labor in the community ) social service agencies, cleaning park, and roadsides, etc) Day Reporting Centers – Community correctional center where an offender reports each day to comply with elements of a sentence. Ex: drugs tests, print out the jobs they have applied to, weekly progress report of educational classes The Juvenile Rights Period (19601980) Limited the powers of juvenile justice officials In re Gault (1967) – Afforded juveniles many of the same due process rights as adults (right to legal counsel, to confront and examine accusers, notice of charges, etc) In re Winship (1970) – The standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings. Status offenders were taken out of correctional institutions > Status offenders were in jail for crimes that were illegal for children to do but legal for adults Ex: Skipping school Roper vs Simmons (2005) was the begging of the new movement > If you commit a crime under the age of 18, you cannot have the death penalty imposed on you. > They had to establish a cut off somewhere referring to a teen’s rational thinking ability. Recognizes developmental difference of teens (maturarity impulsiveness) Classifications of Juveniles 1. Delinquency – Delinquent childen have committed acts that are criminal in the adult world Ex: theft, robbery, etc) 2. Status offenses – not illegal if committed by an adult, only juveniles 3. Neglect – a neglected child is receiving inadequate care because of some action or inaction of their parents Bail: Pretrial Release Bail – sum of money or property specified by a judge that the defendant must present to the court in order to gain pretrial release Bail will be forfeited if the defendant does not appear in court as scheduled. No constitutional right to be released on bail. If you show up to all your court dates and behave, you get 100% of their bail back at the end of their trial, convicted or not. Bail Bondsmen Private businesses that loan money to defendants who lack the money to make bail Charge a fee (usually 510% of the bail amount) to put up money to gain the defendant’s release If charges are dropped or a defendant is acquitted, the bondsman still keeps the fee paid to make bail. Bounty Hunters/Bail Enforcement Agents Hired by bondsmen to find defendants who have skipped out on bail Homeland Security Agencies Transportation Security Administration Provide security for the nation’s transportation system’s Federal Air Marshals (FAMs) > Highest firearm qualification standards in the law enforcement community US Customs and Border Protection US Border Patrol (Border Patrol Agent) > Protect 1,9000 miles of border with Mexico and 5,000 miles of our border with Canada CBP Officer > Any kind of transportation checkpoint, they will have CBP officers stationed. > They see a lot of interesting stuff – drugs, weapons, etc. US Secret Service Originally established in 1865 solely to suppress the counterfeiting of US currency Dual mission now: protection of national and international leaders, and safeguard our financial infrastructure. 50/50 mandate of protecting elected officials and dealing with fraud/counterfeiting of US currency Federal Bureau of Investigation Critical languages: Arabic, Chinese – all dialects, Farsi, Hebrew, Hindi, Japanese, Korean, Pashtu, Punjabi, Russian, Spanish Urdu, and Vietnamese > Number one way to get into the FBI is to be proficient in one of these languages. You have to be 23 to work for the FBI. > Average age coming into the FBI is 29. US Marshals Service Nation’s oldest and most versatile federal law enforcement agency (1789) Serve as the enforcement arm for the federal courts Apprehend more than half of all federal fugitives, protect the federal judiciary, operate the Witness Security Program, transport federal prisoners, seize criminal property, etc. Employment in the Field > Experience/Internships > Foreign Languages > Physical Fitness > Background (criminal/social media) > Firearm proficiency USAjobs.gov Federalsoup.com Officer.com OJ Simpson Criminal Trial OJ Simpson > Former football star “The Juice” > Pro Football Hall of Fame (1985) Actor Football Broadcaster Physical Evidence – it seems that it all points to reasonable doubt > Slash on throat > Left handed leather glove found on the scene of the crime > Right handed glove is found at OJ’s house > Bloody foot prints > Envelope of glasses RG delivering to NS > Drops of OJ blood > Nicole’s blood on socks > OJ’s left hand has a cut on it > Blood above driver door handle > Throughout the Bronco > Blood droplets at the front of his house > History of abuse > Car chase, suicide note, gun to his head Murder Trial People of the State of California vs Orenthal James (OJ) Simspon November 2, 1994 (jury is sworn) to verdict on October 3, 1995 Two counts of first degree murder Defense Team – Robert Kardashian Murders June 13, 1994 – Nicole Brown Simpson and Ronald Goldman found murdered outside Simpson's Condo at 12:10 am. > Divorced 2 years earlier > Stabbed multiple times in the head and neck with defensive wounds on hands Key Evidence includes: > Glove at Nicole Brown’s house (left hand) > Right handed glove at OJ’s house covered in blood > OJ traveled to Chicago the same night, called back by police > Inconsistencies with his stories Reasonable Doubt? How the crime scene was grossly handled Mark Fuhrman says he finds all of the key evidence. > The defense finds a video of Mark in the past using racially charged language. > They find evidence that in past cases that he has mishandled evidence. > When asked if he has falsified a police report, he says I plead the fifth. > When asked if he has mishandled evidence in this case, he says I plead the fifth. EDTA in specific blood stains > EDTA is a lab preservative to keep the blood in a liquid form > EDTA is found in the blood on the socks and on his back gate Police inside Bronco before forensically examined Key Piece of Evidence in Civil Trial New evidence – bloody footprints – special Bruno Magli shoes (only 300 in the world) Simpson denies owning a pair under oath Multiple photos surface of Simpson wearing these shoes Casey Anthony Case Case Summary Verdict: not guilty for 1 degree murder or aggravated manslaughter Being tried for 1 degree murder (intentional) and aggravated manslaughter (could be accidental) and a bunch of other charges Police asked her why she hasn’t told the police that her daughter is missing > Lied and said she has been working a lot > Lied about where she worked. Lied and said the “nanny” kidnapped her, but the “nanny” never even knew Casey Anthony > The “nanny” lived at her ex boyfriend’s house > The woman is not even a nanny > Eventually the woman sued Casey Anthony Very little physical evidence Delay in recovering Caylee’s remains > Reported missing a month laster > Found several months later > Evidence has been destroyed by this point (hot months) Built case around Casey’s moral character (party lifestyle, liar, etc) Liar = murder??? Key Evidence Strand of hair from the trunk > Testing techniques were very new and not officially proven > They were trying to prove that a piece of hair from her care could be proven to be from a decomposing body Air sampling procedure Same testing showed chloroform was found Google searches “chloroform” > Chloroform in her system would suffocate her bc of the duct tape over her mouth > The forensic computer analyst changed his story from 80 Google searches to 1 Google search > Cindy Anthony changed her story and said he Googled it on accident. She meant to type in chlorophyll. People living in Casey Anthony’s house: > George and Cindy (Casey Anthony’s parents) > Caylee > Casey Anthony Caylee’s remains were found on December 11, 2008 Found in a trash bag with a blanket and duct tape > Someone dumped the body > Someone knew she liked that blanket Cause of death was undetermined bc deterioration of physical evidence. Defense Accidental drowning in family swimming pool George Anthony disposed of the body Defense said that Casey lied because of her dysfunctional family Fantasy forensics 2 mistakes that the prosecution made: 1. Over trying – bc the prosecution had such limited evidence in the case, they attempted to make more out of it than they really had. > Ex: Fantasy forensics 2. Over charging Piece of physical evidence that comes out after the physical trial: The family computer had two different browsers, one was brought to trial and one was not. th On June 8 , 2008 (around the time Caylee was missing), someone on the computer searched “full proof suffocation methods,” and then immediately logged into Kasey Anthony’s MySpace page. > This proves that it was premeditated Civil Case for Missing Children > Has to pay them $80,00090,000 Civil Case for the “nanny” > Lost her house, job, etc > Sues Casey Anthony for definition of character > However, Casey Anthony has filed for bankruptcy > Casey Anthony has filed for bankruptcy, and if she goes out and makes a deal with an agency to make a book or movie, all of her money will go to the “nanny”
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