Study Guide for Exam #1
Study Guide for Exam #1 CJS 102
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This 16 page Study Guide was uploaded by Abby Hamilton on Wednesday September 23, 2015. The Study Guide belongs to CJS 102 at Illinois State University taught by Dr. Cara Rabe-Hemp in Fall 2015. Since its upload, it has received 182 views. For similar materials see Individuals, Society, and Justice in Criminal Justice at Illinois State University.
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Date Created: 09/23/15
INDIVIDUAL SOCIETY amp JUSTICE STUDY GUIDE EXAM 1 WALKER Chapter 2 MODELS OF CRIMINAL JUSTICE SEPARATE CRIMINAL JUSTICE SYSTEMS 0 AGENCIES O The US has gt50 separate criminal justice systems I 50 state systems the federal system American Indian justice systems and military justice system I 18769 separate state and local law enforcement agencies 0 OLD IDEALISM amp NEW CYNICISM 0 Old Idealism Hardworking and diligent officials enforce the law as it is written in the statues I Classic ciVicsbook picture of justice 0 New Cynicism chaotic criminal justice system in which there is no law order or justice I Conservative cynics irrational decision making undermines the effective crime control I Liberal cynics apparent chaos of the system hides the systematic discrimination 0 Sober Realism rooted in eVidence based View on how the criminal justice system actually works 0 WHAT ARE CRIME IDEAS BASED ON 0 False assumptions on how the criminal justice system works CRIME COMMISSION MODEL 0 WHAT THINGS DID IT ACCOMPLISH O Allowed people to see for the first time the criminal justice system as a whole and understand it as a system 0 Provided a conceptual framework that helps identify general patterns define problems and focus research and policy planning THE CRIMINAL JUSTICE WEDDING CAKE 0 2 POINTS EMPHASIZED 1 There are significant differences between types of cases based on a Seriousness of the offence b Offenders prior record c The relationship between the Victim and offender 2 There are fairly consistent patterns of disposition within each category I UNIQUE CHARACTERISTICS OF THE TOP LAYER O Celebrated Cases 0 Generate enormous public interest but are not typical of the routine operations of the criminal justice system O Focuses our attention on important variations in how cases are handled according to their seriousness CELEBRATED CASES 0 3 ELEMENTS 1 Involve the full criminal process including criminal trial 2 Receive a lot of publicity due to the nature of the crime itself or resulted in landmark Supreme Court rulings 3 Publicity surrounding celebrated cases distorts public perception about criminal justice 0 EXAMPLES 0 Miranda Case gt Miranda Rights 0 OJ Simpson 0 Sandy Hook 0 ZimmermanMartin SERIOUS FELONIES 0 THE SECOND amp THIRD LAYERS 0 Second more serious I Rape and Robbery 0 Third less serious I Burglary and larceny 0 THE FIVE FACTORS CJ OFFICIALS CLASSIFY CASES 1 The seriousness of the offence 2 Whether a weapon was used 3 Whether the victim was injured 4 The suspects prior record 5 The relationship between the victim and the offender I VERA INSTITUTE S STUDY ON THE EFFECT OF PRIOR RELATIONSHIPS IN ROBBERY BURGLARY amp RAPE CASES amp THE THIRD LAYER 0 Robbery I Stranger 88 resulted in conviction I Prior relationship 37 resulted in conviction 0 Rape I Stranger all went to trial resulted in conviction and imprisonment I Prior relationship 60 of cases were dismissed another 20 ended with a guilty plea with only minor punishment 0 Burglary I Stranger 89 conviction I Prior relationship 53 conviction HARD OR SOFT ON CRIME 0 WHO IS THE SYSTEM HARD ON 0 Second layer cases with prior record offenders O Stranger rapes I SOFT ON 0 Second layer cases with no prior record offenders 0 Prior relationship rapes I SENTENCING PROJECT FINDINGS 0 Most people believed that the system is softer than it actually is I In uenced by celebrated cases I Official data usually combine sentences into general categories the obscure the important distinctions between serious and less serious crimes THE LOWER DEPTHS 0 THE FOURTH LAYER MISDEMEANOR CASE LOAD 0 With a total of 27 million in 2011 0 Majority of cases 0 Far outnumbering felonies Chapter 3 EVALUATING THE SYSTEM WHAT IS THE GOING RATE The standard and predictable punishment for a particular crime How much a crime is worth 0 HOW IS IT ESTABLISHED IN THE LOCAL JURISDICTIONS 0 Changes per jurisdiction I Based on what happens in that area 0 Established by local courtroom workgroup 0 WHAT INFLUENCESCHANGES THE GOING RATE 0 Prior conVictions O Severity of offence 0 Relationship between Victim and offender 0 Whether Victim was injured 0 Whether a weapon was used FUNNEL 0 WHAT HAPPENS TO PEOPLE CONVICTED OF A FELONY 0 They are sentenced 0 ADULT PROSECUTION RATE 0 73 I 36 sentenced to prison I 35 sentenced to jail ARREST DATA REJECTIONS amp DISMISSALS 0 LOOPHOLE WHY CASES DROP OUT OF THE SYSTEM AFTER ARREST amp B S DATA ON DISMISSALS amp REJECTIONS ltltltltWeak cases screened outgtgtgtgt O Dropout of system if I Police decide not to press charges I Witnesses unreliable I No witnesses I Supervisor refuses to sign off 0 Rejected by the prosecutor or dismissed by a judge I 1 Insufficient or Lack of evidence NY61 SD51 I 2Witness problems NY18 SD 19 0 Why waste everyone s time on a losing case I SENTENCING HOW DO WE EXAPLIN THE INCREASES IN TIME SERVED 0 Revolution in sentencing 0 Many states revised their good time laws to deny eligibility for conviction on certain offenses I Delays parole eligibility and extends prison terms 0 Many states adopted truthinsentencing laws I Require prisoner to serve 85 of his or her official sentence 0 Mandatory sentencing Laws I Increase amount of time a person serves I Consistently true 0 Abolition of parole I No baby steps thrown right back in to community I Can t serve any time on outside AN INTERNATIONAL PERSPECTIVE 0 INCARCERATION RATE 0 We have the highest incarceration rate in the world I 716 per 100000 in 2011 0 VIOLENT CRIMES I Before The Great American Crime Drop 0 Our murder rate was 4X higher than Canada and 10X higher than England 0 Our robbery rate was 5X higher than England and West Germany I High incarceration rate is partly as a result of our high rate of those crimes that typically send an offender to prison 0 TIME SERVED I United States is far more punitive than other countries primarily with regard to time served COURTROOM WORKGROUP 0 DISCRETION 0 Decision making 0 All criminal justice officials have A LOT of discretion and can make a BIG difference in the outcome of a case ADMINISTRATIVE SYSTEM OF JUSTICE WHY ADMINISTRATIVE amp NOT ADVERSRIAL 0 In theory we have an adversarial system 0 Person is innocent until proven guilty by the state 0 BUT there is hardly ever a public clash between prosecution and defense making it as administrative system 0 Occurs only in a few celebrated cases 0 CONSENSUS amp COOPERATION O Courtroom work groups cooperate and are in consensus about how cases should be handled I Because they work together everyday THE LIMITS OF REFORM 0 IN RE GAULT 1967 0 Supreme Court ruled that defendants in juvenile court have a constitutional right to an attorney 0 MINNESOTA COURTS 0 Only 477 of kids in Minnesota juvenile courts in 1984 actually had legal counseling 0 State officials didn t comply with the law I Just because it s supposed to be doesn t mean it is DYNAMICS OF REFORM 0 WHAT MAKES THE DIFFERENCE 0 Some Experts believe that modest reforms which require only slight changes in how courtroom work groups operate are more likely to succeed than sweeping changes HOW MANY MISTAKES 0 ESTIMATED PERCENT HUFF 0 Slightly gt1 of all felony cases 0 6000 innocent people a year are convicted of a felony 0 INNOCENCE PROJECT FINDINGS O 72erroneous eye witness identification 50 improper or invalid forensic evidence 25 false confessions 18 false or incorrect information from informants 0 Strong racial disparity 62 of 302 cases involved African Americans 0 NATURE OF THE MISTAKES O leyewitness error 0 2 improperly processing evidence 0 3false confession O 4 Misconduct Negligence incompetence and bias WEISHEIT amp MORN Chapters 3 amp 4 0 SOCIAL CONTRACT 0 states and governments are legitimate or illegitimate only to the degree that they are formed and supported by the mutual agreement of citizens of that state 0 We all agree to live by a set of rules that protect us breaking these rules will result in punishment 0 CHILDREN IMPOVERISHED IN US 0 17 of children in the US live in poverty two times greater than most western industrialized nations 0 EVE PROBLEM 0 Women are ever ready to exploit the sexual weakness of males Chapters 57 COMMON LAW SYSTEMS 0 HISTORY O Comes from usage and customs of immemorial antiquity or from the judgments and decrees of the courts recognizing affirming and enforcing such usages and customs 39 Comes from the people up Bottom up 0 Norman conquest 1066 I William I William the Conquer 1086 created precedence or Stare Decisis 0 Religious Courts challenged royal courts 39 Showdown in 1170 where henchman of the king murdered Thomas a Becket a leading proponent of the church marked the end of the churches in uence 0 The creating of the printing press 1400s allowed for law to be copied efficiently and read by everyone 0 FEUDALISM O The King provides protection and everyone else owes him loyalty O Divine Right of Kings King given power by god and then he gives rights to people gives him the right to make laws and carry it out the way he sees fit 0 King s Peace national government based at Westminster O People s Peace very strong local government in the various counties and villages O Keepers of the Peace knights commissioned to keep the peace in local areas 0 ROLE OF PROCEDURE 0 Rules criminal justice officials have to follow I Rules of evidence 0 How evidence is collected so it can be used at trial I Habeas Corpus I The state is required to give you a court hearing to tell you what you are convicted of I Due Process 0 Everyone gets their day is court 0 Due Process is more important than they outcome 0 STARE DECISIS 0 Aka Precedence 0 looking back on a decision of a previous case to decide what to do with a current case I Equal Punishment consistency CHARACTERISTICS OF COMMON LAW 0 DEFINITION OF CRIME O SUBSTANTIVE I Definitions of crime are the functions of the legislature O PROCEDURAL I Primary importance I Necessary for judgment to be rendered O STATUTORY LAW I Statutes guarantee fundamental rights and liberties 0 THE BILL OF RIGHTS 0 Congress warned away from creating statuary law 0 Issue of procedure raised a lot 0 Derived from common law 0 Need to know lst4th5th6th and 8th amendments pg51 CIVIL LAW SYSTEMS 0 HISTORY UNITED STATES 0 Spanish were in early America and had a profound impact on California Texas and New Mexico I Early legal development in those areas included common law AND civil law 0 French also settled many parts of America bringing civil law with them 0 Today Louisiana state law is primarily a civil law system CHARACTERISTICS O DEFINTION OF LAW I Only statues enacted by legislative power can be law I Weakens role of judge and lawyer I No gaps or loopholes I No con icting provisions allowing for judicial discretion 0 THE JUDGE I Civil Servants I They impact individual cases but NO Stare Decisis I They can only use written law I They must graduate from a university take a state test attend a special school for prospective judges and be appointed a junior Judge without ever practicing law in court before 0 MODERN DAY STRUCTURE FRANCE 0 National Police vs National Gendarmerie I National Police police cities and towns with a population greater than 10000 I National Gendarmerie Police cities and towns with a population of less than 10000 0 Military police of French Army Navy and Air Force 0 Law enforcement for French territories over seas O Constitutional Council I Address complaints about elections I To determine the constitutionality of legislation passed by parliament 0 Court of Cassation I The highest court of Civil and Criminal appeals in France I Court listens to appeals on the interpretation of law by lower courts O Magistrates Debut I Prosecutors I They seek to achieve justice and serve the interest of society ISLAMIC LAW SYSTEMS I SOURCES OF ISLAMIC LAW 0 Primary Sources I The Koran Our an Holy book Like bible in Christianity I The Sunnah Words and actions of Muhammad main Prophet 0 The Shari a The path to follow The laws of Islam 0 Secondary Sources I Consensus Unanimous agreement among Muslim scholars who represent varied opinions I Analogical Reasoning through this the law can adapt to new situations while remaining true to the spirit of the Koran and the Sunnah O In other words applies old law to new situations 0 Used on situations that were impossible in the time the Koran and Sunnah were written advancements in technology 0 HUDUD QUESAS AND TA ZIR OFFENSES O Hudud Offenses Crimes against God as outlined with punishments in the Koran and the Sunnah I Theft use of alcohol extramarital sex defamation slander Highway Robbery Apostasy voluntary renouncing Islam armed rebellion O Ouesas Offenses Crimes against another person ex Murder I Personal matter between individualsfamilies the state is a neutral mediator I Punishments chosen by victim victims family 0 Compensation blood money 0 Retribution eye for an eye 0 Complete pardon O Ta azir Offenses Not listed in Koran left to discretion of a judge I Punishment used to reform and rehabilitate the offender DEFENSES O Intoxication I Defendant didn t know the effects of intoxication Infancy I Anyone under the age of 7 cannot form criminal intent Insanity I IndiViduals inability to distinguish right from wrong Coercion I Threatened or coerced in to committing a crime Necessity I Harm prevented greater than harm caused Mistake I Injuredkilled not held responsible I Damages property pay finecompensate Victim SelfDefense I Only used force necessary to stop the crime ISLAMIC JUDGE QUADI 0 Almost always Male O Knowledgeable about the shari a 0 Appointed by the ruler 0 Must be Muslim 0 Accountable to Allah 0 Protects the weak I Weak people who can t take care of themselves ex orphans mentally deficient 0 Court in held in a Mosque Chapter 8 JUSTICE AMERICAN STYLE 0 EFFICIENCY VS INEFFICIENY amp JUSTICE amp EXAMPLES OF INEFFICIENCIES 0 Fair and efficient processing of offenders provides justice to the offender and to society 0 Founding fathers didn t want efficient government I Obstacles set up in Bill of Rights and case law I America is a federal republic national justice system state justice systems county justice systems city and town justice systems 0 Political divisions don t always cooperate 0 Checks and Balances I See next section 0 Local criminal justice systems held in check by larger systems I Courts limit criminal justice system power by creating procedural law 0 Miranda warning I Police must go to court for warrant I Legislature requires minimum sentencing by court I Governors and presidents can override decisions of court I Wrongly convicted 0 Punishment too harsh 0 CHECKS amp BALANCES 0 Cornerstone of American political system 0 Executive judicial and legislative branches independent but also keep each other in check 0 Designed to limit power of the government and to make its actions tedious I Makes government inefficient 0 STEPS OF THE C PROCESS 1 After a crime has been committed an investigation occurs a fruits of the poisoned tree evidence obtained in wrongful ways that taints that evidence might lead to it being excluded at trial 2 Disposition of the case a A decision on how many resources are going to be put forth on a case 3 A follow up investigation a Might lead to surveillance and arrest 4 Interrogation a Police would like a confession to save time 5 Case goes to the prosecutor a Accepts or denies case 6 Initial appearance before a judge a Determine lawfulness of their detention b Bail and right to council are addressed 7 Grand jury or preliminary hearing a Prosecutor seeks permission from grand jury or judge preliminary hearing to proceed 8 Arraignment a Defendant stands before for judge told charges pleads innocent or guilty 9 Pretrial motions a Dismiss charges suppress illegally obtained evidence change location of trial bad publicity delay in trial continuance 10 Bench or jury trial occurs 11 Judge gives jury instructions they decide a verdict a Jury nullification when in spite of overwhelming evidence to the contrary the jury finds the defendant not guilty 12 Punishment or sentencing 13 Appeal a Defendant asks higher courts to examine the procedure of the system b If appeal one original case will be retried 0 WRONGFUL CONVICTIONS HOW OFTEN MOST COMMON REASON 0 About 10000 a year 0 Witness error 0 RACIAL PROFILING FINDINGS O Minorities way more likely to be stopped 0 DEATH PENALTY MORATORIUM 0 When executions are halted 0 Can still be sentenced to death but won t be executed until moratorium is lifted Chapter 12 GENOCIDE 0 DEFINITION 0 Lemkin s definition a coordinated plan of different actions aiming at the destruction of essential foundations of life of the national groups with the aim of annihilating the group themselves 0 UN s definition In the present convention genocide means any of the following acts committed with intent to destroy in whole or in part a national ethnical racial or religious group as such I Killing members of the group I Causing serious bodily or mental harm to members of the group I Deliberately in icting on the group conditions of life calculated to bring physical destruction in whole or in part I Imposing measures intended to prevent births within the group I Forcibly transferring children of the group to another group I CREATION OF THE TERM 0 LEMKIN O A polish scholar who studied nazi efforts to wipe out Jews and Gypsies in Europe during WWII 0 Lost entire family to holocaust 0 Created term genocide in 1944 O Encouraged nations to work together to prevent genocide I CONDITIONS LEADING TO GENOCIDE O War 0 Colonization O Decolonization 0 RWANDA 1994 DETAILS 0 Located in westcentral Africa I Slightly smaller than Maryland 0 Hutu 85 of population were commoners and the Tutsi 15 of population held positions of power 0 In 1961 Rwanda voted to establish a republic in which citizens elect their own representatives places the Hutu in charge I Hutu then drove Tutsi from the country I Tutsi formed the Rwandan Patriotic Front RPF 0 After the Hutu president of Rwanda s plane was shot down after peace talks the killing began 0 800000 people were killed 0 500000 people were raped 0 Ended in July 1994 0 WHAT CAN BE DONE TO PREVENT 0 Identifying early warning signs of genocide 0 Motivate powerful nations to act when they become aware of genocide 0 DIFFERENTSIMILAR TO WAR 0 Different killing doesn t stop when one group surrenders 0 Similar coordinated and planed NOTES amp IN CLASS LAW 0 NATURAL VS RATIONAL Natural Law Rational Law 0 a moral basis applicable to all societies 0 Examples 0 The Declaration of Independence 0 10 Commandments 0 Issues 0 Is abortion murder 0 Loopholes ex Murder is okay in self defense and in war 0 a political process government created by people 0 Examples 0 Common Law 0 Civil Law 0 Islamic Law COMMON VS CIVIL Common Law Civil Law 0 The US and England Get to choose bench or jury trials Negotiated pleas Appellate courts handles appeal casesO Takes A LOT to become a judge 0 Europe and South America 0 Judges job is to dig deeper for the truth 0 4 year degree 0 PhD is being a judge 0 NO pleas CRIMINAL VS CIVIL Civil Law Criminal Law 0 A personal wrong 0 Aka Tort Law 0 Law Suites 0 Individual vs individual 0 Individual vs corporation 0 Winner gets compensationmoney 0 A public wrong 0 State brings case 0 If state wins perpetrator is punished 0 ALL of society benefits 0 to the winner goes the spoils ISLAMIC LAW 0 KORAN 0 Holy Book like Bible 0 SUNNA 0 Words and actions of Muhammad Jesus is another profit NOT son of God Muhammad sent to correct mistakes CONSENSUS 0 Agreement among Muslims of community Each have a different level of following schools of thought 0 ANALOGICAL REASONING 0 Like precedence Stare Decisis 0 Applying existing rules to a new situation 0 HUDUD OFFENSES Theft use of alcohol extramarital sex denomination slander highway robbery o apostasy voluntarily renouncing Islam 0 rebellion of government QUESAS OFFENSES 0 Crimes against another person like murder Victim or family of victim gets to decide punishment gt Compensation blood money gt Retribution eye for an eye 0 TA39ZIR OFFENSES 0 Not listed in Koran 0 Left to discretion of judge 0 THE STATUS OF WOMEN amp CHILDREN 0 Man in family responsible for his own decisions as well as everyone else s decisions THE AMERICAN EXPERIENCE o MALA IN SE 0 Crimes that are wrong in themselves Rape Murder 0 MALA IN PROHIBITA o Prohibited because culture thinks it s not good for society Polygamy prostitution o ELEMENTS OF A CRIME o The Actus Reus the guilty act 0 Mens Rea guilty intent OOOO Must have been deliberate o Concurrence the coming together of the two EX intended to kill husband with poison but he died in a car accident instead 0 Causation link between the act and the harm o Harm done as a result 0 DEFENSES EXCUSE amp JUSTIFICATION o Excuse couldn t form criminal intent Mens Rea Age Insanity Intoxication gt Involuntary and voluntary Mistake gt Law wasn t published or known gt Someone in authority gave you an incorrect statement 0 Justification had a good reason to do it Duress gt Prevented harm against someone else hostage situation Selfdefense gt Prevented harm against you Necessity gt Harm you prevented is greater than the harm you caused Entrapment gt Police officer gets you to commit a crime Has to be something you wouldn t have otherwise done Encouraged to do by police 0 INDIVIDUAL EXPERIENCE WHAT ARE YOUR RESPONSIBILITIES 0 Legally responsible for yourself and your children 0 ACTS OF OMMISSION amp ACTS OF COMMISSION o Omission failed to do something you should have 0 Commission committed the crime 0 VIDEO DAVID CASH GOOD SAMARITAN LAWS HOW DO THEY WORK PROS amp CONS o Forces an individual to take action to assist in a situation ex lifeguard legally bound to assist RWANDA VIDEO BILL OF RIGHTS HANDOUTS 1 4th 5th 8th AMENDMENTS Denotes number questions
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