Test 1 Study Guide
Test 1 Study Guide CJ 100
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This 7 page Study Guide was uploaded by Erica Kugler on Friday February 20, 2015. The Study Guide belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring2015. Since its upload, it has received 567 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/20/15
Test 1 Study Guide This study guide covers everything since quiz 1 Please do not feel overwhelmed by the amount of information YOU CAN DO IT bolded topic headings underines important people itaicized court cases 4th Amendment 0 Protection against unreasonable search and seizure 0 Need probable cause for warrants reasonable belief that a crime has been committed o Warrants NOT required w1 consent 2 plain view 3 plain feelsmell 0 Motor vehicle exception when no warrant is needed bc evidence can be removed from car 0 Still need probable cause or plainview to conduct warrantless search 0 Police dog sniffs do not constitute a search gt no 4th amend protection US v Place 0 Positive alerts by dog probable cause gt police can then get a warrant 0 Florida vJardines gt K9 sniff on propertyin house needs a warrant bc it s a search 0 Weeks v US gt est quotexclusionary rule for federal cases 0 Mapp v Ohio gt exclusionary rule applies to the states via Due Process Clause of the 14th Amend o Katz v US gt quotright to privacy public things can be private if there was expectation of privacy 0 CA v Greenwood gt 4th amend does not prohibit warrantless search of garbage left outside 0 No reasonable expectation of privacy for trash on street gt waive 4th amend protection 0 Kyllo v US gt thermal imaging tech constituted a search and needs a warrant plain view no 0 Terry v Ohio gt police can do quotstopandfrisks pat downs if reasonable suspicion present 5th Amendment Grand Jury Indictments 0 Grand jury decides whether the prosecution has enough evidence to bring a defendant to trial 0 enough evidence and probable cause gt quotindictmentquot issued gt trial 0 lack of evidence or probable cause gt quotno bill gt no trial 0 Grand jury proceedings are advantageous for the prosecution because 0 Proceedings are secretive gt only the prosecution and jury are present 0 Exclusionary rule DOES NOT apply to grand jury proceedings 0 Prosecutor can choose which evidence to present to the jury o Miranda Warnings gt Miranda vArizona o Protects 5th Amendment right against selfincrimination silence right to attorney 0 2 requirements 1 in custody 2 read rights before you are asked potentially incriminating s 0 quotPublic safety exception gt forgo Miranda if person is involved in a threat to public safety 0 Salinas v Texas gt not in police custody but start answering s and then stop and ask for a lawyer means police can use that against you as evidence of admission of guilt Courts Criminal vs Civil o Burden of proof what the prosecution must overcome in order to establish someone s guilt o Plaintiffprosecution person who brings an accusation against another person 0 Defendant person who the accusation is against 0 easier for the prosecutionplaintiff to win civil cases bc the burden of proof threshold is lower 0 Criminal Cases burden of proof quotguilty beyond a reasonable doubt 9799 certain o govt brings a suit against a person who they believe has violated the law 0 written as ProsecutionPlaintiff v Defendant People of the State of CA v OJ Simpson 0 Civil Cases burden of proof quotpreponderance of evidence 51 certain 7th Amendment deals with civil courts allows for a trial by jury in civil cases quottortquot civil wrong one party who feels they were wronged brings a complaint against another party written Plaintiffv Defendant I Stella Liebeck v McDonald s Restaurant quotMcDonald s Hot Coffee Case 0000 Operation of the Criminal Justice System 0 2 competing models of C system operation Crime Control and Due Process 0 Crime Control Model quotassembly line justice gt move through CJ system quickly 0 Due Process Model quotobstacle course justice gt drama courtrooms TV portrayal 0 Crime Control Model quotassembly line justice 0 Goal speed and efficiency gt avoid trialscourtroom I Promotes plea bargaining gt Defendant pleads guilty for reduction in sentence 0 Due Process Model quotobstacle course justice 0 Use of quotadversarial process gt courtroomtrial drama trials guarantee due process 0 Plea bargaining leads to plea agreement 0 Defendant pleads guilty to original or different charge to get a lighter sentence 0 What percent of criminal convictions come from plea deals 9095 0 Making a plea deal means the defendant gives up 6th amend right to a trial byjury o Boykin vAabama gt NO forced plea deals 0 Santobello v New York gt prosecution must stick wmore lenient sentence promised in plea deal 0 Discretion authority to decide enforcement of law based on one s judgment ticket vs warning Types of Crime 0 Visible Crime quotstreet crime 3 types violent property and public order majority of crimes 0 Violent Crimes quotresults in physical injury or death element of force is involved 4 categories 1 Murder and Nonnegligent voluntary manslaughter a quotwillful nonnegligible killing of one human being by another gt INTENT i First degree murder gt Premeditated intentional killing ii Felony murder gt murder during felony crime killing no intent b Second degree murder gt unplanned killing due to distinct reckless action c Voluntary Manslaughter gt Intentional killing but no premeditation 1 quotheat of the moment killing 2 Forceful Rape gt quotcarnal bodily knowledge of a female forcibly and against her wil i Update on the above definition males force drugs disabled etc I 3 Robbery a quottaking or attempting to take anything of value from the care custody or control of a person or persons by force or threat of forceviolence andor by instilling in the victim a sense of fear 4 Aggravated Assault and battery a quotunlawful attack by a person upon another for the purpose of inflicting severe or aggravated bodily injury b Assault threat of force battery physical attack 0 Property Crime quotthefttype of offense where the object is the taking of money or property BUT no force or threat of forceviolence against the victim 4 categories 1 Burglary gt quotunlawful entry of a structure to commit a felony or theft 2 LarcenyTheft gt quotunlawful takingcarryingriding away of property from the possession or constructive possession of another 3 Motor Vehicle Theft 4 Arson gt quotwillful burning or attempted burning of another s property 0 Public Order Crimes quotacts that threaten social wellbeing and challenge accepted morals 0 Ex public drunkenness disorderly conduct vandalism o Unconcern for public order crimes minor offenses will lead to more serious crime Victimology o The study of the impact of crimes on victims 0 Key factors on who is victimized age 1624 55 income lifestyle exposure 0 Victims can have positive or negative roles in crime cooperate vs noncooperation etc Criminology o Criminology is the study of criminal behavior 0 There are 3 types biological psychological and sociological o quotdemonic possession was the dominant theory up to the 1700s to explain crimes 0 Classical Criminology new theory about crime that came out of the Age of Enlightenment 0 Key person Cesare Beccaria I People are rational beings and crime is result of rational choices FREE WILL I People seek to maximize pleasure and minimize pain gt weight costs vs benefits I Unless people are deterred faced wcosts they will commit crimes I 3 elements of C system swiftnesscertaintyseverity of punishment I quotblind justice laws are applied equally to everyone gt quotequal justice 0 Positive School Model o Cesare Lombroso gt criminals quotgenetic throwbacks primitive ppl in modern society I determinism gt behavior is determined for you NO free will born a criminal I Linked certain physical traits to criminality gt have trait you re likely a criminal 0 Classical vs Positive Criminology summary 0 Classical School individuals freely choose to engage in crime quotfree will Beccaria 0 Positive School criminals have no choice in their actions quotborn a criminal Lombroso o IQ Intelligence Quotient developed by Alfred Binet o HH Goddard gt IQ testing should be used to deport incapacitate and sterilize low IQ people Early theory of eugenics Goddard believed that IQs couldn t be changed m thought IQs could change Label for low IQ quotfeeble mindedness 3 subgroups of quotfeeble mindedness people morons imbeciles and idiots I Goddard believed morons were the biggest threat to society 0 Buck v Bell gt upheld use of sterilization to limit reproduction by quotfeebleminded ppl 0 William Sheldon gt Model of Somatotyping linking body type to risk for criminal behavior 0 3 body types endomorph mesomorph and ectomorph mesomorph high crime risk 0 Travis Hirschi IQ tested youth gt IQs of delinquents were lower than nondelinquents o UrbanizationIndustrial Rev gt rise in crime gt look at social changes as crime factors sociology 0 Ernest Burgess and quotConcentric Zone Model gt zone 1 factory epicenter zone 5 suburbs 0 As you move from zone 1 to zone 5 the crime rate decreases 0 most crime occurred in zone 2 or quotZone of Transition gt factory workers lived there I Social disorganization in zone 2 led to idea of quotdifferential association theory 0 Edwin Sutherland gt learned criminality one s environment influences criminal behavior OOOO Biological Theories of Crime 0 Biological Criminology no single quotcrime gene but some genes can influence criminal behavior 0 Adrian Raine gt Neurocriminology link brain functionsbrain disorders and crime 0 Molecular Biology MAOA Gene quotWarrior Gene gt low activity leads to aggression 0 Environmental Toxins chemicals and metals ex lead 0 Diet and Crime lack of Omega 3 fatty acids Magnesium Zinc hyperactivity Psychological Theories of Crime 0 Psychology study of the mind and individual differences in behaviorpersonality 0 Big influence on psychology and criminal behavior childhood experiences 0 Sigmund Freud gt ppl have repressed criminal urges in their unconscious 0 Id Ego and Superego I Id gt quotpleasure seeking drives I Superego gt quotmoral compass prevents acting out on criminal tendencies I Ego gt decisionmaking rational thinking 0 Normality is defined in negative terms not neurotic not impulsive etc o Abnormality deviation from the norm o Psychopathy study of abnormal personality types 0 Psychopath person having psychopathy gt convincing mask of sanity but hidden dark side 0 Robert Hare gt PCLR or Psychopathy ChecklistRevised clinical psychopath diagnosis test 0 Scored from 0 to 40 gt 0 no psychopathic tendencies 3040 clinical psychopath 0 Personality type test MMPI gt Minnesota Multiphasic Personality Inventory Dark Triad 0 Dark Triad group of 3 personality traits gt narcissistic Machiavellian and psychopathic 0 People wthese traits are quotinterpersonally averse gt avoid interpersonal relationships 0 Narcissistic grandiose selfview others are inferior o Machiavellian manipulative disregard of morals quotthe end justifies the means 0 Psychopathic selfish superficial charm Silence of the Lambs documentary 0 Dr Patricia Kirby female FBI profiler who the main female character in quotSilence of the Lambs is based on 0 Gary Ridgway Green River Killer most prolific serial killer in US history by of victims 0 Ted Bundy serial rapistkiller inspiration for Anthony Hopkins Silence of the Lambs character 0 Ed Gein serial killer who made masks out of his female victim s facial skin Sociological Theories of Crime 0 Sociology study of group behaviorrelationships gt looks at whole pic rather than one person 0 Relating to crime forces beyond a person s control contributes to crime 0 Environmental Criminology concerned wcrime as a whole rather than individual crimes 0 Central focus is on OPPORTUNITY to commit crime 0 Crime prevention reduce opportunities for crime to make crimes harder to commit 0 Broken Window Theory environmental criminology 0 James Q Wilson and George Kelling o apathy vs upkeep gt more apathy higher crime rate more upkeep lower crime rate I apathy vs upkeep is seen in terms of maintaining clean neighborhoodshouses o leaving minor crimes unchecked will lead manifest into bigger and worse crimes 0 Routine Activity Theory environmental criminology 0 Lawrence Cohen and Marcus Felson 0 Core of theory ppl make choices but they cannot choose choices available to them 0 3 elements to the theory all three elements must COOCCUR for crime to be present I 1motivated offenders must come in contact w2suitable targets empty houses unlocked cars in absence of 3capable guardians police locks security systems 0 Anomie Theory environmental criminology 0 Robert Merton I US focuses more on the goal of monetary success rather than the legitimate norms of achieving that goal gt weak legitimate norms people pursue goal by whatever means ie crime 0 Societies wo norms for goalachievement are in state of anomie or normalness People to know 0 Beccaria ppl are rational crime is result of quotfree will quotblind justice 0 3 elements of CI system swiftnesscertaintyseverity of punishment 0 Lombroso gt criminals quotgenetic throwbacks primitive ppl in modern society 0 determinism gt behavior is determined for you NO free will born a criminal 0 Alfred Binet developed IQ test Intelligence Quotient o HH Goddard gt sterilize low IQ people eugenics low IQ ppl quotfeebleminded o quotfeeble mindedness subgroups morons imbeciles and idiots morons social threat 0 William Sheldon gt Model of Somatotyping linking body type to risk for criminal behavior 0 3 body types endomorph mesomorph and ectomorph mesomorph high crime risk 0 Travis Hirschi IQ tested youth gt IQs of delinquents were lower than nondelinquents 0 Ernest Burgess Concentric Zone Model gt move from zone 1 to zone 5 crime rate decreases 0 most crime occurred in zone 2 or quotZone of Transition gt where factory workers lived 0 Adrian Raine gt Neurocriminology link brain functionsbrain disorders and crime 0 Sigmund Freud gt ppl have repressed criminal urges in their unconscious IdEgoSuperego 0 Id gt quotpleasure seeking drives 0 Superego gt quotmoral compass prevents acting out on criminal tendencies o Ego gt decisionmaking rational thinking 0 Robert Hare gt PCLR or Psychopathy ChecklistRevised clinical psychopath diagnosis test 0 Dr Patricia Kirby female FBI profiler who the main female character in quotSilence of the Lambs is based on 0 Gary Ridgway Green River Killer most prolific serial killer in US history by of victims 0 Ted Bundy serial rapistkiller inspiration for Anthony Hopkins Silence of the Lambs character 0 Ed Gein serial killer who made masks out of his female victim s facial skin 0 James Q Wilson and George Kelling gt Broken Window Theory apathy vs upkeep and crime rate 0 Lawrence Cohen and Marcus Felson gt Routine Activity Theory offenderstargetsgaurdians 0 Robert Merton gt Anomie Theory strongweak norms for achieving a goal influences crime rate Key Cases 0 Florida vJardines gt K9 sniff on propertyin house needs a warrant bc it s a search 0 Weeks v US gt est quotexclusionary rule for federal cases 0 Mapp v Ohio gt exclusionary rule applies to the states via Due Process Clause of the 14th Amend o Katz v US gt quotright to privacy public things can be private if there was expectation of privacy 0 CA v Greenwood gt 4th amend does not prohibit warrantless search of garbage left outside o No reasonable expectation of privacy for trash on street gt waive 4th amend protection Kyllo v US gt thermal imaging tech constituted a search and needs a warrant plain view no Terry v Ohio gt police can do quotstopandfrisks pat downs if reasonable suspicion present Miranda vArizona gt 5th amend right against selfincrimination silence right to attorney Salinas v Texas gt not in police custody but start answering s and then stop and ask for a lawyer means police can use that against you as evidence of admission of guilt Stella Liebeck v McDonald s Restaurant quotMcDonald s Hot Coffee Case Boykin vAlabama gt NO forced plea deals Santobello v New York gt prosecution must stick wmore lenient sentence promised in plea deal Buck v Bell gt upheld use of sterilization to limit reproduction by quotfeebleminded ppl
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