CJ 100 Unit 2 Notes  

What did weeks v united states establish?

September 9, 2016

Court cases

∙ Weeks v. United States (1914) 

o Exclusionary rule is created (1914) – any evidence obtained  illegally resulting from illegal search and seizure cannot be used  in court

o Huge check on police power

o Only applied to federal criminal cases

∙ Mapp v. Ohio (1961) 

o Extended the exclusionary rule to the states too

∙ Katz v. United States (1967) 

o Police bugged a public phone booth in order to gain evidence  against him

o What a person knowingly exposes to the public, even in his own  home or office, is not a subject of 4th amendment protection o You have a reasonable expectation to privacy even in public  places

What case extended the exclusionary rule to the states?

∙ California v. Greenwood (1988)

o 4th amendment does not prohibit the warrantless search and  seizure of garbage left for collection outside home

o No reasonable expectation of privacy for things you ‘expose’ to  the public  

∙ Kyllo v. United States (2001)

o Suspected Kyllo was growing weed in his home but didn’t have  enough for a warrant

o Used thermal imaging technology see if there was an intense  heat source using plain view doctrine

o Supreme court sided with Kyllo, thermal imaging technology does not count as ‘plain view’

∙ Terry v. Ohio (1968)

o Terry stop – said that all we need is ‘reasonable suspicion’  instead of ‘probable cause’ to conduct a search on a traffic stop o Can do a pat down of outer extremities but not personal  belongings without consent

What does the case of katz v united states 1967 say and why is this case important?

We also discuss several other topics like What does the spanish constitution say about the autonomies and the question of national identity?

terms:

∙ Tort – a wrongful act or an infringement of a right (other than under  contract) leading to civil legal liability

∙ Class action lawsuit – when a group of people come together to sue a  company instead of just one person

∙ Punitive damages – damages exceeding just compensation and  awarded to punish the defendant (corporation/person)

∙ Compensatory damages – compensate victim(s) for any damages done from the wrongful act (hospital bills)If you want to learn more check out What sends signals away from neurons?

∙ Preponderance of evidence – putting a percentage on who is more  responsible for the damages (only in civil court)  

∙ Crime control model – everything is geared toward speed and  efficiency in criminal justice (plea bargaining) Don't forget about the age old question of What is the meaning of compartmentalization?

∙ Due process model – (obstacle course justice) geared toward every  case going to court and going through “due process” (media likes to  sensationalize this)

∙ Criminal court threshold – guilty beyond a reasonable doubt ∙ Civil court threshold – preponderance of evidence  

Recidivism rate: amount of people incarcerated again after release. About  50% of criminal offenders commit another crime within 1 year of release  

September 12, 2016

Careers in criminal justice:

∙ Police officer

o Increasing amount of education for incoming police officers o College educated police officers: are better report writers,  receive less citizen complaints If you want to learn more check out Hot to compute a z-score?

∙ Detective/investigator  

o Have to be a patrol officer before you can be a detective (at local level)

o Very stressful

∙ Attorney/lawyer  

o Have to go to law school and pass the bar exam

o Put in a lot more than 40 hrs. a week starting out in big law firms ∙ Judge  

o Usually need to be an attorney first

o Very competitive

∙ Probation/parole officer We also discuss several other topics like What is the substance that deforms when acted on by sharing the stress of any magnitude?

o Requires a college degree

o Probation sentence is alternative to prison, for parole you have  already served prison and you have a parole officer

∙ Correctional officer (CO)

o Works every day at a prison  

o One of the most difficult of any criminal justice field  

∙ Federal investigator  

o Don’t necessarily have to be a patrol officer before

o Almost every single federal agency has a criminal detective  department  

 TSA

 Federal air marshal (FAM) – a lot of firearm qualification  tests If you want to learn more check out Who makes sure law enforcement is doing their job correctly and honestly?

September 14, 2016

Federal investigators  

∙ US customs and border protection  

o Protects 1,900 miles of border with Mexico and 5,000 miles of our border with Canada  

o CBP officer – stationed at ports

∙ US secret service

o Originally established in 1865 solely suppress the counterfeiting  of US currency  

o Duel mission now: 50% of the time they are protecting elected  officials and 50% of the time they are protecting against  

counterfeiting  

∙ FBI (federal bureau of investigation)

o Must know a lot of the critical languages to get into the FBI  ∙ US marshals service

 o Nation’s oldest and most versatile federal law enforcement  agency (1789) 

o Serve as enforcement are of federal court  

o Apprehend more than half of all federal fugitives, witness  protection program, transports federal prisoners, seize criminal  property

Other careers in Criminal Justice

∙ CSI (crime scene investigation)

o Need to have a masters/PhD in chemistry

∙ Intelligence careers

o CIA

∙ Private detective (PI)

∙ Bondsmen/bounty hunters

∙ Clinical psychologist  

Names to remember:  

∙ Ted Bundy – killed girls on college campuses, Hannibal Lector from  silence of the lambs is based on him  

∙ Ed Gein – killed women and took their skins  

∙ Gary Ridgway – Americas most prolific serial killer (48 people  confirmed killed), also called the Green River killer  

∙ Dr. Pat Kirby – first female criminal profiler (Clarisse Starling from  silence of the lambs is based off her)  

September 19, 2016

Psychoanalytic theory

∙ All humans have natural drives and urges repressed in the unconscious ∙ All humans have criminal tendencies  

∙ Sigmund Freud was a psychology analytic and said that all humans are  inherently criminal

∙ Id, Ego, and Superego

o Id – contains the deepest darkest drives (where people are  inherently criminal)  

o Superego – is the restrain on the Id, acts as our moral compass  (ability to differentiate right and wrong)  

o Ego – the meditation between the drives of the Id and the  restraints of the Superego, ability to make rational decisions  (developed later in life)  

∙ Psychopathology – the study of “abnormal” personality types ∙ The PCL-R is the most widely used instrument for the measurement for  psychopathic personality, created by Robert Hare 

September 21, 2016

∙ the psychopath  

o outer façade of normalcy “convincing mask of sanity” o comes across as likeable, adjusted, and well meaning o only observe the “darker” nature through continued interaction  and observation  

∙ measuring personality

o MMPI – the Minnesota Multiphasic Personality inventory, used to  assess personality to look for red flags, aim to discover how  criminals differ from non-criminals  

∙ Dark Triad

o Group of three personality traits  

o Narcissism, Machiavellianism, psychopathy  

o “interpersonally aversive” (distant from intimate interpersonal  relationships)  

∙ narcissistic personality  

o grandiose self-view

o view others with distain or inferior

o sense of superiority

o lack of empathy

o denial of weakness  

∙ Machiavellian personality

o Manipulation and exploitation of others

o Cynical disregard for morality

o Focus on self-interest and deception

o “the end justifies the mean”  

∙ psychopathic personality

o selfishness

o callousness

o superficial charm

o remorselessness

∙ main application of community policing is increasing the amount of  police foot patrols, because they get to build relationships within  community  

o Kansas City preventative patrol experiment – tested if increasing  police presence would lower crime rate. Divided Kansas City into  three sectors, one sector they doubled police presence, one  sector they left it the same, one sector they completely removed  police presence from streets (still had police responding to calls)  they found that the level of preventative patrol had NO EFFFECT  on crime rate 

o Policing hotspots/crime hotspots – more policing in high density  crime areas rather than having police spread out evenly  

September 23, 2016

Criminology  

∙ Demonic theory of crime – crime was said to be result of supernatural  forces (spirits, demons) through mid 1700’s

∙ Age of enlightenment – gravitation towards scientific thought, shift  away from demonic perspective  

o Aimed at promoting rational thought while opposing superstitions ∙ Classical criminology – the first attempt to explain crime through  scientific terms

o Cesare Beccaria was the first and most prominent ‘classical  criminologist’ with his work An Essay on Crimes and Punishment (1764)

o Individuals are rational beings (ration choices)

o Maximize pleasure and minimize pain (cost/benefit)

o Crime is committed by FREE WILL (not evil spirits)  

o Classical criminology said that unless individuals are deterred,  they will commit crimes (specific deterrents like “beyond scared  straight” or general deterrents like public hangings)

o Three elements of classical criminology:

 Swiftness of punishment – speedy trial

 Certainty of punishment – regardless of connections you  get punished  

 Severity of punishment – punishments have to be  

proportionate  

o “Blind Justice” – law applies equally to everyone  

∙ positive school of crime (Cesare Lombroso)

o you are either born a criminal or born a non-criminal  

∙ rise of sociological theories  

o growth of cities and industries (urbanization)  

o social changes were implicated in the rise of crime

o proved there was ‘environmental factors’ that could result in  criminal behavior

o concentric zone model – said crime was concentrated in middle  of Chicago in the “zone of transition”  

o social disorganization – breakdown of the social institutions in a  community causes crime. Poverty, rapid population growth,  transiency, etc. increases crime  

∙ Differential Association Theory (Edwin Sutherland) 1947 o Criminal behavior is learned through interactions with others  engaging in crime

o This is called learned criminality 

∙ New biological theories

o Looks at genetic inheritance, head injuries, exposure to toxins,  and birth complications  

o No single “crime” gene

o They have found a gene that makes people more likely to act  aggressively/impulsively (low activity in MAOA gene is called the  warrior gene)  

∙ Dr. Adrian Raine 

o Expert in neurocriminology

September 26, 2016

∙ Biological harms

o Environmental toxins: chemical substances and heavy metals are related to more aggressive behavior (like high amounts of lead  are linked to lower IQ, hyperactivity, behavioral problems,  learning disabilities, violence)  

∙ Diet and crime 

o Behavioral issues can stem from deficiencies in:

 Omega 3 fatty acids

 Magnesium  

 Zinc  

September 28, 2016

Sociological theories of crime

∙ Forces outside individual control causes crime

∙ Sociological theories pertain to environment, group behavior, learning,  and society as a whole

∙ Rapid expansion of industries and cities caused social disorganization;  as a result, environmental criminology emerged  

∙ Environmental criminology is concerned with crime as a whole instead  of individuals  

o The center focus is on the opportunity to commit crime ∙ Broken windows theory – if a community is apathetic towards less  serious crimes, the crime rate for more serious crime will increase over

time. Apathy v. Upkeep. Says that you have to proactively stay on top  of crime to keep it down

o Introduced in 1982 by James Q. Wilson and George Kelling