Intro to CJ Study Guide Test 2
Intro to CJ Study Guide Test 2 Crij 2361
Sam Houston State University
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This 8 page Study Guide was uploaded by Renata Griggs on Thursday October 13, 2016. The Study Guide belongs to Crij 2361 at Sam Houston State University taught by Dr. Franklin in Fall 2016. Since its upload, it has received 171 views. For similar materials see Introduction to the Criminal Justice System in Criminal Justice at Sam Houston State University.
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Date Created: 10/13/16
Introduction to the Criminal Justice System Study Guide (Test 2) Theories of Crime Causation Individuals are influenced toward crime by Poor family relationships Destructive peer groups Educational failure Criminal Justice System Labelling Differential Association Edwin Sutherland, 1947 Built on Disorganization Theory Major Argument: Exposure to antisocial attitudes and values Definitions that are “favorable” to the law or “unfavorable to violation of the law” What is a policy implication of Differential Association: Big Brother/Sister Programs Labelling Theory Major Argument: By labelling individuals as delinquent, society deepens rather than suppresses illegal behavior Criminal Law and Legal Defenses What is Criminal Law? Consists of two separate components: Substantive Criminal Law Provides specific rules that identify criminal conduct and the associated punishment Procedural Criminal Law Defines the precise methods or procedures that the criminal justice system must follow to enforce the substantive law How does it differ? It differs from civil law due to its defining and dealing with criminal laws Criminal Law deals with public offenses, the state brings the charges, and the violation = prison. Civil law regulates relationship Civil law deals with private matters and the citizen brings the charges. Violation = money (reparations) Contracts – when one party does not uphold their obligation stated within the contract Property ownership – Rental Agreements Divorce Wills/trusts Historical Background United States Criminal Law stems from English Common Law Development of Common Law: In 1066 the Norman Conquest took place. The French ruler overthrew the English Crown English historically relied on travelling courts Every 6 months the royal judge would travel the country to hold court They judged based on tradition and values. After this they relied on a system of Stare Decisis or Stand by Decided Cases This created the common law Components of Common Law Mala en Se crimes – Crimes that are inherently evil or depraved Burglary, rape, murder, index crimes Mala Prohibitum Crimes – Regulatory in nature. These crimes that reflect the social conditions Common Law was exported to the American Colonies Sources of Criminal Law Criminal law is constantly changing, it evolves Three sources Common Law, Statutes, and Case Decisions Statutes are created by state legislation Case Decisions create precedents Administrative Agencies Regulatory Laws IRS SEC Parole Boards Gaming Commission ATF Constitutional Limits Anytime a law is made, case decision is made, there has to be insurance that they do not violate the provisions of the constitution Laws must not conflict with the provisions of the constitution Laws cannot be vague A person’s status cannot be illegal No ex post facto laws If something was legal before and is now illegal, you cannot use the fact that it was legal once in your defense Crime Classifications Felonies These are crimes that make up the first layer of the wedding cake model More serious crimes Index Crimes Punishments Incarceration in prison Were convicted of a felony, are considered felons Imprisonment more than one year In especially heinous instances, the death penalty can be used Have lasting impacts On both the lives of the victim(s) and their associates as well as the felon Can’t hold certain jobs Can’t vote Certain firearms can’t be possessed More arrest power Misdemeanors Less serious offenses Public order offenses Larceny, theft, etc. Punishments Incarcerated in jails Less than one year sentences Fines, usually in conjunction with something else Have less lasting impacts Less arrest power Must witness incident The Definition of Crime The commission of a crime requires three components Actus Reas An illegal act The commission or omission of an act Mens Rea Criminal Intent You have to intend to be doing something wrong and then actually do it for it to be a crime Concurrence Actus Reas must follow Mens Rea Intent must be followed by action Strict Liability Crimes A classification of crimes that are able to be defined as such and do not require proof of intent No Mens Rea component necessary Examples Speeding Driving Under the Influence Sale of alcohol to minors Gun crimes New York State Law: Creating a Hazard Texas: Bite Law Statutory Rape (some states, varies by jurisdiction) Legal Defenses Goal for defense attorney is to establish innocence of an illegal act Defense must display that one or more elements of the crime were not presence Deny Actus Reas The denial of the defendant committing the act Justification An illegal act was justified given the circumstances Selfdefense Immediate danger of death or serious harm No reasonable way to escape Proportional Force “Castle Doctrine” A person’s home is his/her castle. Relieves person of having to leave their house to defend their home from a break in or another attacker “Stand your ground” A person does not have a duty to retreat at all if they have a legal right to be there Texas is a “Stand Your Ground” State Duress (Coercion) When someone commits a crime but are saying they are justified in their actions because they were forced to act in that manner Means of preventing death or serious harm to others Is not a justification for killing another person Necessity Committed out of necessity Under extreme circumstances An action that could not be avoided Mental State was impaired Lack capacity to form intent Excuse Defenses A person who states that their mental state was impaired so they lacked the capacity to form intent Ignorance of the law Argues that a person should not be held legally liable for a criminal offense because they didn’t know it was illegal to commit the act Not a valid offense 1998: A Nigerian contracted his daughter to bear a son, specifically his own son. He was convicted of sexual assault The only caveat is when a new law is passed and is not highly publicized Insanity Addressing the accused state of mind The defendants mind is unable to form intent (mens rea) It is used in very few cases and is rarely successful Of the 10% of cases that go to trial, less than one present use this defense and only 1 out of 4 are actually successful Insanity is a legal term, not a medical term Intoxication A person may state that they did not mean to harm another individual due to being intoxicated and unable to form intent Drunkenness – Not considered a valid defense Involuntary intoxication is a valid defense Drinking a beverage that has been spiked Proved by character witnesses and bloodalcohol tests and drug tests Age Children are generally not held criminally responsible Children below a certain age are immature and are considered not to be able to think about things with the sophistication to form intent Prefrontal Cortex does not fully develop until the age of 30 or 31 years’ old Lack of mens rea Common Law rules for age (Varies by state) Children under the age of 7 are not typically responsible Children between the ages of 714: They may be held responsible depending on seriousness 1417: Juvenile Court jurisdiction In Texas, children of the ages of 1017 are under the jurisdiction of the juvenile justice system Entrapment Entrapment is when police encourage an individual to commit a crime using traps, decoys, and coercion The individual doing so would have had no intent of committing a crime Examples Drug sales Pornography Prostitution BuyBust Operations Jacobson v. United States (1992) A man in Nebraska who used child pornography was solicited after he was already arrested by the government He was coerced Police Organization, Role, and Function Police Organization Organized so that they fall under the Executive Branch of the Government Enforce the Law Autonomous Agencies: There isn’t one particular head that oversees all of these agencies Police Agencies are decentralized They are independent of each other Each agency has its own rules, budgets, and procedures They are Militaristic and Hierarchal There is a rank system Chief Major Captain Lieutenant Sergeant Officer Promotions are distributed by a TimeinRank system You must start at the bottom and work your way up Promotion depends on how much time in your rank you have spent The Role of the Police Media v. Real Life Police Work 700,000 officers make 14m arrests 20 arrests per officer 34 Serious arrests These arrests tell us what the police are doing in the area What do police really do? Fight Crime Maintaining order Providing service Police work is dynamic The Patrol Function Foot patrol, vehicle patrol, bikes, horses, etc. Account for 2/3 of the department’s personnel Most visible members Divided into “beats” These are designated patrol areas Types of Patrol Foot, horse, car, scooter, Segway, etc. What are the purposes of patrol? Police presence in itself is coercive Deter crime Maintain public order Quickly respond Identify law breakers Aid the public Create the feeling of security Bulk of Patrol Efforts? Maintain order Does patrol deter crime? Kansas City, Missouri Preventative Patrol Experiment From October 1, 1972 to September 30, 1973 15 districts into 3 groups 1. Reactive Patrol group Eliminated proactive patrol Only responded to calls 2. Proactive Patrol group All police activities were kept and 23 times the officers were used to patrol 3. Control group No change What did the study find? Patrol does not deter crime As a result of this Improving patrol Aggressive patrol This is creating displacement Hotspot policing Where police officers patrol certain areas that “breed” crime Targeting Specific Crimes Broken Windows Policing Broken Windows Theory Rapid response The Investigative Function The purpose of investigation Identify and locate criminal suspects Provide evidence for conviction Rely heavily on interviews Forensic evidence – fingerprints, hair, DNA, etc. Used for murder, burglary, assault, sexual assault, etc. Collection of information – computers, phones, pagers, etc. Detectives Investigative specialist position Promoted to this position Within a given unit – homicide, sexual assault, etc. Sting Operations Group of detectives that deceive criminals Undercover work Internal Affairs A position held within a police department Deal with allegations against police officers SWAT Special Weapons and Tactics HAZMAT Toxic waste DARE Program used in schools Vice Units Units responsible for dealing with crimes of gambling, alcohol, firearms, etc. Evaluating Investigations If a crime is reported while in progress 33% chance that an arrest will be made If a crime is reported 1 minute later 10% After 15 minutes 5% Improving Investigations Patrol officer’s ore responsibility for preliminary investigations When officers arrive at the scene immediately, interview victims, witnesses, etc. Expand the use of specialized units Units geared toward specific crimes Sexual assault, drugs, murder, family violence, etc. These units are comprised of officers investigating the same crime types Technological Advances Aids effectiveness of investigation DNA collection Codis is a collection of DNA from crime scenes Collecting physical evidence Can be assisted by allowing patrol officers more responsibility to arrive at crime scenes and possibly gather evidence but not too much allowance to gather evidence to the point of them hindering the investigation and or messing with evidence Other helpful materials are the books assigned to this class and the crossword puzzle
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