Study Guide for TEST 1
Study Guide for TEST 1 CJ 100
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This 17 page Study Guide was uploaded by Matt Owens on Monday February 23, 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 846 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/23/15
Matt Owens Intro to Criminal Justice February 23 2015 Test 1 Study Guide 4th Amendment Remember 0 Protection against unreasonable searches and seizures 0 Probable cause 0 No general warrants must be specific Weeks v United States 1914 0 First appearance of the Exclusionary Rule I Exclusionary Rule The rule providing that evidence obtained improperly cannot be used against the accused at trial 0 Supreme court ruled that all illegally obtained evidence was barred from use in federal prosecutions Mapp v Ohio 1961 0 Extended the Exclusionary Rule to the States via the Due Process Clause in the 14th amendment 0 Dorleen Mapp I Suspected in the bombing of a mans home I Police attempted to enter her home but she refused them entry they came back later and she refused them entry again without a warrant but they waved a paper in her face and forced their way inside against her will I Her attorney came but was not allowed to see is client I The officers found books that were deemed to be obscenequot and she was charged with possessions of obscene lewd or lascivious materials I She was sentenced to an indefinite term in prison I In June 1961 the Supreme Court overturned this sentencing due to the fact that Mapp s 4th amendment right had been violated protection against unreasonable search and seizure Motor Vehicle Exepction o Allows the search of motor vehicles without a search warrant still has to be probable cause because of the mobility of the vehicle 0 Minor traffic violations are not considered probable cause 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 billquot suspect not charged Grand Iuries o Prosecutor presents evidence against suspect o Advantageous for prosecution because I 1 Proceedings are secretive only prosecutor and jury present I 2 Exclusionary rule does not apply to grand jury proceedings I 3 Prosecutor can choose which evidence presented to jury Miranda Warnings o Miranda v Arizona 1966 Protects Fifth amendment rights of individuals against selfincrimination 0 Rights read AFTER a person has officially been taken into custody but BEFORE any potentially incriminating questions are asked interrogation I Two Conditions of Miranda Rights 1 You must be OFFICIALLY in custody 2 Have to be read your rights before you re asked potentially incriminating questions 0 Reasons for Miranda I Protection against forced confessions compelled self incriminationquot I Protection against lengthy interrogations without legal counsel I Public Safety Exception Can forego Miranda warnings if there is a threat to public safety Criminal Court amp Civil Court 0 Criminal Court 0 Burden of proof BEYOND A REASONABLE DOUBT I Harder to get convictions in criminal court I Does not bean absolute certainty o Quantify 97999 o The Government state or federal brings suits against Prosecutes a person who they believe has violated the law the defendant Civil Court 0 Burden of proof PREPONDERANCE OF EVIDENCE o Tort Civil wrong think lawsuits I Some type of damage or harm that you have experienced o Quantify 51 501 Compensation from damages or injuries 0 One party plaintiff who feels they were harmed tort brings a complaint against another party defendant 0 Liebeck v McDonald s Restaurants I Hot coffee case O I McDonald s 80 to blame I Ms Liebeck 20 20 blame I Poster child for tort reform Plea Bargaining Plea Agreement The defendant will plead guilty to the original charge or to another charge in returned for a reduced sentence 0 TEST QUESTION What percentage of criminal convictions come from negotiated plea deals plea bargaining 9095 Benefits of Plea Bargaining 0 Criminal Defendants I Might get a lighter sentence Iury is unpredictable o Iudges I Helps assembly line 0 Prosecutors I Tons of cases move through them quickly I Conviction without much time or energy 0 Defense Attorney I Gets more cases in a shorter amount of time Criticisms of plea bargaining 0 Due process concerns defendants give up their constitutional rights right to trial by j ury o Sentence polices and reduce society s interest in appropriate punishments of crime 0 People say it s too easy and unfair to get a lighter sentence 0 Boykin v Alabama 1969 o Defendants must state they made their plea voluntarily before the judge can accept a plea Santobello v New York 0 If the prosecution has promises a lenient sentence as the result of a plea deal the prosecution must keep that promise Goal of Retribution Retribution Physically paying debt back eye for eye tooth for tooth 0 Death row Deterrence Punishment will be so hard that people wont forgo in criminal activity 0 Proactive 0 Specific Deterrence I For criminals who have already committed crimes I Tries to make it so they won t commit a crime again 0 General Deterrence I Increase strength of police I Public hanging Incapacitation Physically incapacitated so that you cannot go out into society and commit crimes 0 Behind bars in prison mental facility 0 Death row Rehabilitation You can take criminals rehabilitate them and turn them to society as a better person 0 Put client criminal into society 0 Restorative justice I Build up concept of rehabilitation I If crime is committed property like people want criminal victim and community members to discuss crime Recidivism Rate 4050 of the people who have gone out and committed crime and did time and went back and committed another crime 3rd strike rule in California 3rd crime you get a life sentence Types of Crime 0 Violent Crimes 0 Physical injury or death is a result I To be considered a violent crime there must be an injury death or threat of such 0 Uniform Crime Report UCR I Murder and nonnegligent voluntary manslaughter I Forcible Rape I Robbery I Aggravated Assault 0 1 Murder and Nonnegligent VOLUNTARY Manslaughter I Willful killing of one human being by another intent is present I First Degree Murder Premeditated intentional killings felony murder commission of a violent felony Examples 0 Skylar puts arsenic in Walt s soup and increases the dosage until it s fatal premeditated I Second Degree Murder Unplanned death of a victim was distinct possibility reckless actions Examples 0 Drunk driving kill somebody o Skylar shoots at Walt but it ricochets and kills the woman he is with I Voluntary Manslaughter Intentional killing in which the offender had no prior consent not premeditated to kill heat of passion Examples 0 Somebody killing his lover and somebody she s having an affair with when he catches them heat of the moment 0 Skylar walks in on Walt having an affair with a woman she grabs a gun and shoots them both 0 2 Forcible Rape o Carnal knowledge of a female forcibly and against her will 0 Update FBI has changed the definition to include males and not just to include just forcible unconscious physically or mentally disabled drugs alcohol etc 3 Robbery o 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 0 Different from burglary property crime 0 4 Aggravated Assault 0 Unlawful attack by one person upon another for the purpose of in icting severe or aggravated bodily injury I Assault Threat of violence pulling fist back in preparation to punch somebody I Battery Violence connecting the punch Property Crimes The object of the thefttype offenses is the taking of money or property m there is no force or threat of force against the victims 1 Burglary o The unlawful entry of a structure to commit a felony or theft 0 To classify an offense as a burglary the use of force to gain entry need not have occurred does not need force to be defined as burglary 0 Can be charged with multiple offenses can be charged with burglary AND robbery 2 Larcenytheft o The unlawful taking carrying leading or riding away of property from the possession or constructive possession of another 0 Examples I Thefts of bikes motor vehicle PARTS and accessories shoplifting pocketpicking or the stealing of any property or article that is not taken by force and violence or by fraud 3 Motor Vehicle Theft o Stealing a motor vehicle 0 Pretty straight forward Burglary V Robbery Burglary No danger or violence Robbery Danger or violence towards the victim 4 Arson 0 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 of another etc Public Order Crimes Victimology Criminology Acts that threaten the general wellbeing of society and challenge accepted moral principles Examples 0 Public drunkenness panhandling vandalism and disorderly conduct Concern with these minor offenses is that they will lead to more serious crimes and hasten urban decay Examines the impact of crimes on victims Doesn t get much attention in the C system 1 Who is victimized O 0 Demographics play a key factor age and income Lifestyle exposure model factors places times and people I Places you go and the people you go withwhere you hangout affect how likely you are to be a victim 2 The Impact of Crime 0 O O 0 All of us pay for crime ex Higher taxes insurance premiums fear 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 3 The Role of Victims in Crime 0 O O O Victims play a key role in many crimes positive or negative roles Negative Not taking proper precautions provoke or entice crime and some victims are not willing to help with the prosecution or investigation Positive Selfdefense training good decisions etc What is the study of criminology Scientific study of criminal behavior o Draws from sociology psychology biology and law 0 Why do people commit crimes The Demonic Perspective of Crime The dominant theory of crime was the demonic perspectivequot up until the mid 1700s Crime was said to be the result of supernatural forces 0 Spirits demons etc Punishments during this time period were very harsh o Torture severe beatings execution burning them alive drowning them etc Classical Criminology Classical School Classical Criminology was a product of the Age of Enlightenment First attempt to explain crime through scientific terms Cesare Beccaria was the first and most prominent Classical Criminologistquot with his work An Essay on Crimes and Punishments 1764 0 Behind the classical school of knowledge Ideas of Classical Criminology 0 Individuals are rational beings rational choices 0 Maximize pleasure and minimize pain costbenefit 0 Crime is committed through FREE WILL Not by evil spirits 0 Unless individuals are deterred they will commit crimes specific vs general deterrence I You have to have punishments harsh enough that they deter crime Cause people to not want to risk it I Specific Deterrence Targeting an individual that has already been involved in the criminal justice system Somebody that lived in prison and it was so harsh that when he was freed he would never want to risk going there again I General Deterrence Targeting the general public Keeping the public from wanting to commit crimes by intimidation of prison scared straight program 0 Classical theory focuses on natural forces that can be observed absence of effective punishments more crime Three Main Elements 0 1 Swiftness of Punishment I If you commit a crime you need to immediately have punishment 0 2 Certainty of Punishment I Knowing that punishment is certain no matter status 0 3 Severity of Punishment I Knowing what the risks are and how bad the sentencing can be 0 Blind Justice 0 Law applies to equally to EVERYONE Problems with Classical Criminology There are aws but it still receives a large amount of credibility Are all people rational o No mentally ill juveniles etc Lombroso and the Positive School Argued many criminals were genetic throwbacksquot Primitive people are stuck in modern society 0 Criminals are different from noncriminals Only 2 types of people criminal and noncriminal o No free Will Determinism Idea that most human behavior is determined by factors beyond free will and free choice Lombroso s idea of the born criminalquot The theory did not last for long but for a short time it did gain a lot of support First attempt at a biological approach with crime Lombroso developed a list of physical traits 0 Large jaws and cheekbones o Swollen or protruding lips 0 Arm span greater than the individual s height 0 Excessive wrinkling Emergence of the concept of a born criminalquot Led to a lot of racial profiling Classical vs Positive 34 test questions on this topic Classical School Individuals freely choose to engage in crime Positive School Criminals have no choice in their actions Problems with the Positive School After Lombroso IQ Testing Era Still focused on individual differences early 1900s Intelligence Quotientquot IQ developed by Alfred Binet France Binet said IQ could be changed and used to help slow learners 0 Could produce more productive people in society IQ Testing United States HH Goddard IQ used to deport incapacitate sterilize and target lowIQ individuals early eugenics Goddard believed that IQ could not be changed static innate genetic o If somebody with low IQ had children before they were sterilized their children should be sterilized as well Labeled a lowIQ as feeblemindedness Dark part of American history Goddard s FeebleMindednessquot 0 Three subgroups for lowIQ individuals high to low I 1 Morons I 2 Imbeciles I 3 quotIdiotsquot 0 According to Goddard the biggest threat of the progress of humanity were the morons I Imbeciles and idiots were not smart enough to live in society and would not produce 0 Goddard s work resulted in mass sterilization Supreme Court Weighs In 0 Buck v Bell 1927 Discussed the issue of sterilizing lowIQ individuals 0 Upheld the use of sterilization for the purposes of limiting reproduction who were deemed feebleminded protection and health of statequot 0 Sterilization over IQscores continued until the 19705 0 This ruling has never been overturned BodyType Theory 0 Mid19405 William Sheldon Model of Somatotyping Somatotyping Links body type to risk for delinquent and criminal behavior 0 1 Endomorph jollylazy o 2 Mesomorph risktakingaggressive I Central research focused on mesomorphs o 3 Ectomorph introverted shy Was SOME empirical evidence to support this but ultimately it was awed Travis Hirschi and IQ 19705 Examined the effect of intelligence on youths Findings Even among youths in the same race and social class intelligence has a significant effect on delinquency and criminality Study showed IQs of delinquents or criminals are about 10 points lower than those of noncriminal 0 Especially in verbal skills Rise of Sociological Theories Growth of cities and industry urbanization Social changes were implicated in the rise in crime Forces outside individual control resulted in criminal behavior environmental factors Social Disorganization in the City Social change was very rapid Chicago as a case study 0 1833 Population of about 4000 o 1890 About 1 million 0 1910 About 2 million Most people worked in factories and lived in crowded living arrangements Upton Sinclair The jungle 1905 University of Chicago Research Understanding crime was not an individual basis but studying the collective group sociological approach 0 Sociological theories look at the group and the environmental context of things Researches focused on traits of neighborhoods in Chicago 0 Why the crime in neighborhoods varied 0 People changed but crime remained relatively constant implying there was an environmental factor Ernest Burgess Concentric Zone Modelquot I Factory workers I Population constantly changing Social Disorganization o Breakdown of the social institutions in a community causes crime 0 Poverty rapid population growth transiency etc o Iuveniles were especially impacted gangs vice activities etc o quotLearnedquot criminal behavior Edwin Sutherland What the Research Showed 0 Crime was higher in the Zone in Transitionquot zone 2 0 Rates of crime by area remained relatively stable 0 Meaning that characteristics of the areas neighborhoods not individuals regulated crime 0 Findings led to the Differential Association Theory Learning to be a Criminal Differential Association Theory Criminal behavior is learned through interactions with others engaging in crime 0 Edwin Sutherland 1947 An excess of definitions favorable to the violation of law over definitions unfavorable to violation of lawquot New Biological Theories Focus on a broader range of biological factors Genetic inheritance head injuries exposure to toxins and birth complications No single quotcrimequot gene Contribute to traits conducive to crime impulsivity violence etc Adrian Raine 0 Neurocriminology 0 Anatomy of Violencequot 0 There are genes that raise the chance that somebody will become a violent criminal 0 Risk factors I Prenatal smoking and alcohol consumption I Malnutrition o 90 of homicides committed by men why I Men have lower resting heart rates I Higher testosterone I Prefrontal cortex effects reduced in men 0 Molecular Genetics 0 Examines variations in genes 0 MAOA Gene Warrior Gene I Low activity in MAOA gene may lead to aggressive and violent behavior I Not a DIRECT link to criminal activity but is loosely correlated I Monoamine oxidase A Environmental Toxins 0 Chemical substances and heavy metals aggressive behavior 0 Research has shown that boys with high amounts of lead in their bones had more reports of aggressive and delinquent behaviors I Gasoline used to be leaded I Lead in atmosphere from gas paint etc I High density lead areas seem to be high density crime areas I Correlation 0 Diet and Crime 0 Behavioral issues can stem from deficiencies in I 1 Omega 3 fatty acids I 2 Magnesium hyperactive behavior I 3 Zinc hyperactive behavior Psychological Theories of Crime Fact vs Fiction 0 Individual differences in behavior and personality characteristics study of the mind Early childhood experiences are underscored Abnormal personality traits or emotional maladjustment are the primary causes of crime 0 Psychoanalytic Theory 0 Sigmund Freud 18561939 0 All humans have natural drives and urges repressed in the unconscious I Example An iceberg s tip peaks outside of water but the bulk of the iceberg is under water Our mind is similar and the part under water that is hidden is the part that dominates our minds 0 All humans have criminal tendencies o Learned through childhood experiences 0 The ID the Ego and the Superego 0 ID I Human nature includes instinctual drives that demand gratification I These drives involve pleasure seekingquot I Irrational antisocial and instinctual impulses I Freud referred to these pleasure seeking drives as the E unconscious o Superego I The id is restrained by moral and ethical codes known as the superego Moral compass I Children internalize these codes as a result of their attachment to their parents I The superego is our moral compass I What would an underdeveloped superego mean 0 Lesser moral compass I More likely to act on impulses and commit crimes I What would an overdeveloped superego mean Takes no risks Neuroticism o Ego I Adults develop a rational art of their personality known as the e go O I The ego mediates between the drives of the id and the restraints of the superego I Leads in making decisions Example I Id I want it now I ll go take it I Ego I need to do a bit of planning to get it I Superego You cant have it it s not right Normality vs Abnormality O O O Normality is defined in negative terms not psychopathic not neurotic etc Defining what is normal is difficult something commonly done doesn t make it quotnormalquot Accepted norms change over time When we talk about abnormality we are talking about deviation from quotthe normquot 0 Psychopathology O O Psychopathology Collectively and clinically we refer to the study of quotabnormalquot personality as psychopathology The Psychopath I Outer facade of normalcy Convincing mask of sanityquot I Come across as likeable adjusted and well meaning I Only through continued interaction and observation that the darker nature is revealed I Robert Hare Created clinical test that determined whether somebody was a psychopath or not PCLR Psychopathy Checklist Revised PCLR scores 040 0 O Not a psychopath at all 0 4O Total psychopath 0 Must score a 30 or higher to be considered a W Tommy Lynn Sells O O O O O O 0 Got a rush from killing people like a drug addiction Linked to 18 murders but says he s killed upwards of 30 Claimed he didn t have emotions besides hate Key differences in brains of psychopath is there is an impairment in the amygdala Likes to watch the eyes of his victims fade Claims he suffered sexual abuse as a child Claims he killed children to prevent them from going through what he did Minnesota MultiPhasing Personality Inventory MMPI 0 Test given to measure personality traits Sociological Theories of Crime Forces outside individual control causes crime Think of sociological theories as pertaining to environment group behavior learning society as a whole Environmental Criminology o Concerned with crime as a whole not individual criminals o The central focus is on the opportunity to commit crime 0 Most theories find explaining opportunity as secondary in terms of importance because offenders are motivated to break the law on their own 0 From a crime prevention perspective manipulating opportunities is far easier than trying to make individual criminal offenders less motivated to commit crime 0 Example Installing sturdy locks alarm system buying a gun dogs etc is a surer way to stop a burglary than trying to figure out how to turn a burglar into an upstanding citizen Broken Windows Theory 0 Environmental Criminology o Introduced in 1982 by James Q Wilson and George Kelling o Built on the model from the Chicago School and Social Disorganization Theory 0 Broken Windows Theory Why did zone 2 have so much crime compared to zone 5 0 Example Group of vandals goes through a neighborhood and pick up a rock and throw it through a window They go back a week later and see it still broken They assume nobody cares about the house so they go in to look around and burglarize the place but if the window was replaced with a beware of dog sign they d be less inclined to burglarize the place 0 Broken Windows Theory If you leave minor crimes unchecked they will evolve into more serious crimes 0 Support for Broken Windows Theory I Lowell Massachussetts Target 34 crime hot spotsquot 17 hot spots were fixed Cleaned up trash fixed building and streetlights made arrests for civil disorder and helped get homeless get off the street The other 17 hot spots were left alone and used as the control group Saw a 20 difference in crime rate I New York City Graffiti was removed in the subway system from 1984 to 1990 0 Implemented a zero tolerance policy for fareOdodging public drinking etc Focused on minor offenses and urged police to develop high visibility According to a 2001 study of crime in NYC by George Kelling rates of both petty and serious crime fell significantly Routine Activity Theory 0 O O 0 One has more opportunity to commit crime Three Important Elements I 1 Motivated Offenders must come in contact with 2 Suitable Targets in the absence of 3 Capable Guardians I Suitable targets and guardians are seen as the core dimensions of criminal opportunity I Must cooccur for the opportunity of crime to be present I 60s and 70s increase in property crime was partially because of women entering the workforce nobody at the home I Explains variations in crime by variations in the supply of suitable targets and capable guardians I Examples Suitable Targets expensive lightweight merchandise Capable Guardians Police Loss prevention Environmental Criminology Lawrence Cohen and Marcus Felson Anomie Theory 0 Dark Triad Anomie Theory Focuses on explaining why some societies like the US have higher crime rates than other Focuses on strains on society 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 Weak emphasis on ways to achieve what there is a strong emphasis on leads to illegitimate ways to achieve monetary success Individuals are more likely to pursue monetary success using whatever means are necessary crime Societies that fail to regulate goalseeking behavior are said to be characterized by a state of anomie or normlessness Group of three personality traits O 1 Narcissism I Grandiose selfview You re selfworth is outrageously high I View others with disdain or as inferior I Unrealistic sense of superiority I Denial of weaknesses I Lack of empathy o 2 Machiavellianism I Manipulation and exploitation of others I Cynical disregard for morality I Focus of selfinterest and deception I The end justifies the meansquot 0 3 Psychopathy I Selfishness I Callousness I Superficial charm I Remorselessness Interpersonally aversivequot Distant from intimate interpersonal relationships Silence of the Lambs Documentary Video In the 70 s US murder rate rose Serial killers rarely had past connections to their victims 0 Criminal profilers used to get understand their processes 0 Serial killers leave unique signatures Although they didn t have support criminal profilers began to prove their success by pointing out this signatures Dr Patricia Kirby female FBI agent that Tom Harris interviewed in order to write Silence of the Lambs o Inspired character in Silence of the Lambs o In 1984 Pat Kirby joined the behavioral science division 0 She became the first woman to interview a serial killer 95 of serial killers are men and their victims are typically women Ted Bundy was a serial killer that seemed to live 2 lives 0 Ted Bundy appeared perfectly normal but he was being charged of sadistic rape murder and necrophilia 0 Ted Bundy was arrested for suspicion of burglary because of items found in his car during a traffic stop 0 In 1979 Bundy was in jail awaiting trial and he escaped o 6 weeks later he broke into a Florida State sorority house and raped and murdered 2 girls 0 He then killed a 12 year old girl who was his last victim 0 He was found guilty and executed by electric chair Ed Gein 0 Police found woman hanging from her ankles in Gein s woodshed o Broke into his house and found body parts of women 0 Used skulls of his victims as bowls for his animals 0 Found a human face in a paper bag I Used as a mask I Diluted attempt to become a woman O O Arrested Confessed to 2 murders rest of body parts he claimed he took from bodies in a cemetery Inspired Buffalo Bill in Silence of the Lambs Silence of the lambs inspired large numbers of women to attempt to become criminal profilers Detectives become more open to calling in criminal profilers Gary Ridgway 0 COO 0000 Green River killer Targeted prostitutes strangled them with rope fishing line Admitted to 4 murders After death penalty was taken off the table he informed police of another 3 murders Police believed he committed more Police led to 48 bodies of Victims Serial killer with the most confirmed murders in history Ted Bundy helped form a profiler of who to look for when searching for the Green River Killer
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