Description
CJ100320 EXAM 1 STUDY GUIDE
Highlight = Important Concept Highlight = Key Term
Chapter 1: Crime & Criminal Justice
Main Terms
Crime: Violation of Laws
Social Control: Spoke or unspoken rules in a society
Herculean Task: Balance in control
Sociological Imagination: Putting yourself in someone else’s shoes
Three Levels of CJS
Federal/State/Local
Processes: Law Enforcement, Courts, & Corrections
Jail vs. Prison:
o Jail is less than a year
o Prison more than a year
Crime Control & Due Process:
Herbert Packer:
Crime Control: Emphasis on public safety with an efficient system, (assembly line) Due Process: Emphasis on individual rights and minimal error
Classifying Crime
Street Crime
Mainly thought of when people think of ‘crime’, violent & property
We also discuss several other topics like humd class
White Collar / Corporate Crime
Breaking laws to either (1) hurt the business for personal gain or (2) to benefit a Corporation
CyberCrime
Computer facilitated ( crime can be committed without a computer )
Computer focused ( crime only exists because of computers )
Misdemeanor v. Felony
Misdemeanor: Minor offense; punishment ranges from small fines to 1yr in Jail Felony: Punishment includes atleast 1yr + a day in Prison
Violent, Property, & Public Order
Focus on the victim.
Violent: Committed out of passion / heat in the moment, but a rare occurrence
Property: Typically reported, although can be protected by civil law
PublicOrder: Victimless crime, Controversial because the person doing it can hurt themselves or society
Chapter 2 How Crime is Measured & Who it Affects
Dark Figure of Crime
Reasons for not reporting
o A crime not perceived as a crime
o Victim either knows or fears the offender
o Victim is the offender
o Victim is embarrassed
Official Crime Statistics
- Quetelet & Guerry
o ‘founded’ the database
- Generated at different levels of government and/or different stages
Uniform Crime Report (UCR)
- 18,000+ agencies voluntarily submit stats
- Hierarchy Rule;
o Person can commit a string of crimes, but only the ‘worst’ one is recorded If you want to learn more check out renvous
Pt. 1 Offenses (Index Crimes)
- Criminal Homicide Burglary
- Forcible Rape LarcenyTheft
- Robbery Motor Vehicle Theft
- Aggravated Assault Arson
- Human Trafficking* (recently added)
National Incident Based Reporting System (NIBRS)
- Collects all offenses, even if all committed at once
- Police may not use this form of collecting because it means more work for them
Victim Surveys
- Ask participants to report crimes that have been committed against them in specified time frames
National Crime Victimization Survey (NCVS)
- NCVS cuts out the middle man with UCR + NIBRS
o Targets unreported crime
o Primary source of victimization data
o Doesn’t ask all crime, only nonfatal violent, and property crime
NCVS Methodology
Samples 90,000 household yearly, Inperson/telephone interview
*2016, 78% household / 84% Individual
SelfReport Studies:
- Crimes individual committed
- Confidentiality + anonymity are important, can be combined
Monitoring The Future
- Developed in 1965, run by University of Michigan
o Behavior, Attitude, Values
- 50,000 surveys to 8th, 10th,& 12th grades We also discuss several other topics like chapter 6 biology study guide
Victims of Crime
- A person that has suffered direct physical, emotional, or financial harm as a result of the commission of a crime. Don't forget about the age old question of ole miss geology
- “Ideal” Victim: often portrayed as completely innocent
- Victim Precipitation: When a crime victim played some kind of role in their victimization.
Mendelsohn’s Typology (selfexplanatory)
Innocent Wrong place wrong time
Victim w/ minor guilt isn’t actively involved
Guilty Vic. / Guilty Offender victim may have engaged in crime
Guilty Vic. / Guiltier Offender Victim could have attacked, but the offender was more successful.
Guilty Vic. Victim instigated the crime
Imaginary Victim is pretending/ lying that a crime occurred.
Victims of Violent Crime
- Becoming a victim of violent crime is mostly feared.
o In 2016, 1.3% of the total population was a victim of violent crime
- Direct + Vicarious victimization can occur & can suffer from social, psychological, and/or physical harm
Victims of Property Crime
- Effects of property crimes include
o Financial loss
o Losing property that may not be returned
o Altered lifestyles
Victims of Hate Crime
- Hate Crime: Traditional offense like murder, arson, vandalization with added elements of bias
- 3 Elements
o Hate language was used when committed
o Hate symbols If you want to learn more check out chris pope uga
o Police confirmed by other means: date, location, tattoos, etc
- Hate Crime Stats Act 1990
o Originally only included race, religion, sexual orientation, and ethnicity
Victims of Financial Crime
- Facts:
o 1:10 identity theft victims experience severe emotional distress o 1:3 with violent crime
- Estimated Costs:
o $40$50 billion in fraud
o $24.7 billion in identity theft
o $800.5 million internet based
Special Victims
- Elderly
o 2/3 of abusers are family
o 1 in 24 incidents are reported
- Children
o Boy and girls have similar rates
o 90% of victims know the abuser
Rights and Assistance
- Victim Rights and Restitution Act 1990
o Federal law made the victim a key part of the CJS
- Victims ‘Bill of Rights’
o Be informed, be heard, seek restitution, be protected.
Victim Impact Statement: Account given expressing effects of the event during trial Chapter 3 Criminal Law
Overview:
Laws must be clear, fair, & well defined
A law clarifies the relationship between citizens & gov
Democracies have laws that theoretically represent the views of the people Laws can change
Timeline
Hammurabi
o One of the earliest written codes, over 250 rules
o Established under the eyeforeye rule
Magna Carta
o “Great Charter”, Limited the kings powers & guaranteed citizen rights o Foundation for common law
o Due process
Development of Law
Common Law
o Passed decisions precedent: decisions made in passed cases are used as a bias for present case If you want to learn more check out cse help room msu
o 4 Issues:
Predictability
Reliability
Efficiency
Equality
Statutory Law
o Bill that’s written into law, can only be changed if a new law is passed
4 Main Sources
1. Constitutions
Fed/State, Bill of Rights
Fed is superior bc of supremacy
States cant take a way guaranteed freedoms
2. Statues
Define criminal behavior
Represent the will of the people
Written in penal codes, can be challenged, Unconstitutional Persse, or Unconstitutionally Applied
3. Case Law
Ensures uniformity
Jurisdiction matters
4. Administrative & Executive Order
Admin: rules boards & agencies, can be contested
Exec: ruled by the president, controls forces, effects general public indirectly
Types of Law
Will be either criminal or civil, procedural or substantive
Criminal vs. Civil
Criminal: actions that are defined as a crime by the government
Civil: private individual rights
Both control behaviors & impose sanctions on accused, an overlap
Tort Law: covers personal wrongs & damages
Double jeopardy: Cant try a person twice for the same jurisdiction
o Ex. OJ Simpson was tried 2 times but once as Criminal & once as Civil.
Criminal: Civil:
Gov vs defendant 2 individuals
Prosecutor / public defender Tort, Private attorney
Beyond reasonable doubt Preponderance of evidence Penalty can include incarceration Monetary payments
Substantive vs. Procedural
Substantive law: deals with crime itself
Procedural law: deals with rules and processes to handle criminal acts Inherent relationship between two, both types of law are needed
Types of Crime
Felonies
o Most serious classification, Formal & Informal
Misdemeanors
o Up to 1yr in jail, mostly fines/probation
Inchoate Offenses
o Crime is unnecessary
o Allows CJS to prevent
o Attempt, solicitation, conspiracy
Infractions
o Extremely minor, so much that it could be public order
o Jurisdictions consider it civil law