Quiz 1 Review
Quiz 1 Review CJ 100
Popular in Intro to Criminal Justice
One Day of Notes
verified elite notetaker
Popular in Criminal Justice
This 11 page Study Guide was uploaded by Erica Kugler on Monday January 26, 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 667 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
Reviews for Quiz 1 Review
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 01/26/15
Intro to Criminal Justice Criminal justice society s response to crime 0 Three components of C system police courts and corrections I Three divisional levels local state federal Crime an intentional act or omission in violation of criminal law that is committed wo defense orjustification and is penalized by the govt Criminology study of why ppl commit crimes US is 1 in world incarceration rate Media s Influence on the CJ System Illusion of choice many news sources but all show same news 6 main news sources control 90 of you readhearlisten to 0 Trend monopolization of media and news by big companies 0 if you control the news you control perceived reality I The more something is presented the more true it seems Media distortion of crime rate trends 0 Truth crime rate has decreased by 50 in last 20 years Media sensationalism tendency to present info about crime in a way that provokes public interest and excitement at the expense of the truth 0 Sensationalize to gain viewership for money 0 Sensationalize provoke public interest Trial by media media reaches a verdict before the jury does 0 Media predicts an outcome I Influences how people react to actual verdict I Ex OJ Simpson and Casey Anthony Public opinion influences pol leaders and influenced by media 0 Edward Bernard I Propaganda use something to achieve an agenda at expenses of truth I quotillusion of choice I Ppl will believe any info you give them due to not double checking info 0 Internet censorship SOPA Stop Online Piracy Act Age Demographics 0 a key factor in studying crime ratetrends 0 19705 Baby Boomers were in 1624 age cohort gt high crime rate 0 19905 1624 cohort smaller cuz postboom meant less babies gt lower crime rate 0 1624 age cohort most common criminal age range Annual cost of crime 172 trillion LIBOR Scandal 0 LIBOR Rate 0 London InterBank Offered Rate 0 It s the average interest rate calculatedestimated by major banks 0 All money institutions set own rates relative to LIBOR 0 Crime 0 Banks colluded to manipulate the LIBOR to benefit them I RaisedLowered the rate at certain times of the year relative to what it actually was 0 Manipulation of LIBOR rate 0 Lying about actual LIBOR rate 0 Effect 0 Affected 300900 trillion in global money 0 Little media coverage cuz most of six main news sources had ties to financial institutions that were a part of the scandal 0 Biggest financial scam in history 0 New Info 0 NY Federal Reserve knew about LIBOR rigging I Timothy Geithner NY Fed Res head 0 Later became US Sec of Treasury 0 Filing of civil suits I Class action lawsuits by individuals cities etc who were affected I Civil cases quottortquot I Goal get money resulting from wrong done to you 0 Case taken to court but judge threw it out for quotno merit despite abundant evidence WhiteCollar Criminology Whitecollar crime fullrange of frauds committed by business and government professionals 0 NOT a victimless crime gt wc crime is diffuse ie affects lots of ppl 0 Also called quotcorporate crimes crimes by wealthypowerful during their occupation o Largest and most costly type of criminal activity in US Edwin Sutherland 0 Book quotWhite Collar Criminality c 1940s I First publication about wc crimes 0 Father of WhiteCollar Crime I Defined wc crime as quota crime committed by a person of respectability and high social status during his occupation 0 Proposed that respectable ppl of executivesphysicicanspolitics ie whitecollarjobs violated public s trust and committed fraud with millions 0 Created the quotdifferential association theory gt crime is learned 0 2 criteria for wc crime I Crime had to be committed during working hrs I Crime is undertaken by ppl of respectability and high social status Wc crime and quotsocial costs 0 Impact of victimization is widespread o Revelations about crimes lowers people s morale and makes them more distrustful of institutionspeople Wc crime and quotphysical costs 0 Ppl injured or killed due to lack safety regulations toxins not regulated defective products or false advertising I Companies that knowing engage in those activities have committed a wc crime Exposure to criminal culture o If a new employee sees other employees doing unethical and illegal things at work heshe may think those activities are normative I Normalizing behavior 0 Seeing illegal behavior among a group that behavior is normalized among the group ie seems okay because others are doing it 0 Go against what is the norm going against the company you become a traitor 0 Help company with illegal activities only way to get promoted I Illegal activity gt company gets more profits gt you benefit with promotion WC Crimes Ponzi Schemes Wc crime done during working hours by people of importance 0 Full range of frauds and crimes committed by ppl of power during working hrs 0 Social cost distrust and anger by victims toward victimizer 0 Physical costs injury or death Ponzi Scheme fraudulent business model of operation 0 Take new client s money and pass it on to current investors so make it look like they are getting a return on their money I Just moving the money around gt no real invest made 0 Criteria to be considered a Ponzi scheme I Operation seems legitimate gt investing operation appears legit from ads and promises I Done by a person of trust and power I Long lasting usually but always fails in the end o No new clients no S to give to investors investors suspicious and call in their loan but company has to no money to investors get no money back 0 WC crime today 0 Bernie Madoff I Ponzi scheme Wall St exec and investor of ppl s money I Issue clients getting constant return rates even in times of recession 0 Suspicious cuz in a recession return rates should be lower and his competitors were doing bad but he was the only one doing good 0 MF Global I John Corzine gt ponzi scheme millions of dollars just disappeared I Company commodity brokerage firm agricultural products mainly I Precedent no criminal charges big company going bankrupt o PFG Financial I Picked up clients after MF Global bankrupted I Later went bankrupt WhiteCollar Crimes Enron 0 Key people involved 0 Ken Lay CEO of Enron 0 Jeffrey Skilling number 2 exec President and COO of Enron 0 Andy Fastow chief financial officer of Enron I Person responsible for making Enron look like it was making money so that its stock price would continue to rise 0 Enron 0 Energy company based on Texas Very respected Fixture on Wall St Crime fraud gt do anything to stay on Wall St I Issue stock price was increasing even though business projects were failing I Gave projected earnings of future projects with the hope that those projects would materialize 0 They didn t I Top execs had ability to convice ppl that Enron was worth investing in and that nothing was wrong I quotWe make profit but we can t tell you how Just trust us 000 White Collar Crime Key Definitions 0 Embezzlement fraudulent conversion of another s property by a person of trust ie agent or employee 0 Ex accounting embezzlement I Shifting funds out of someone s account into your own account 0 Tax evasion perpetrator attempts to avoid paying taxes they owe 0 Ex filing tax forms w false info illegally transferring property to avoid tax obligations 0 Money laundering criminal act of filtering illegally obtained quotdirtyquot money through a series of transactions designed to make the money appear legitimate quotcleanquot 0 Ex used wdrug trafficking and mafias 0 Bankruptcy fraud concealing assets to avoid having to forfeit them Intentionally filing false or incomplete forms 0 Ex when you declare bankruptcy you have to turn over assets so you leave out assets from tax form in order to keep them 0 Ex petition mills gt renter can t pay rent so faces eviction and petition mill promises to help you if you give them your financial info but they are really taking S from you 0 Insurance fraud deceitful act performed wintent to obtain an improper payment from an insurer o 2 types I Hard fraud deliberate destruction 0 Ex burn your house down to get insurance I Soft fraud exaggeration 0 Ex exaggerate the value of assets that burned with the house 0 Ex life insurance fraud 0 Counterfeiting someone copies or imitates an item wo having been authorized to do so and then passes the copy off for the genuine or original item 0 Ex S watches handbags designer clothes etc o Insider trading trading of a company s stock or other securities by ppl waccess to confidential or nonpublic info about the company 0 Ex Martha Stewart 0 Bribery corrupt solicitation acceptance or transfer of value in exchange for official action 0 quotquid pro quo something for something 0 quotkickbacksquot 0 Credit card fraud form of ID theft involving the taking of another s credit card info for purpose of charging purchases to that account o 2 types I Application fraud someone gets your personal info from ccard applications I Account takeover someone gets your card or card and makes purchases 0 Phone and telemarketing fraud any type of scheme in which a criminal communicates with potential victims via telephone 0 Goal obtain personal info from victims by acting as an agent of a legitimate company 0 Ex person calls and says you were overpaid then asks for account to take out the overpaid amount 0 quotphonyquot fundraising targets tragedies and natural disasters I You thinking you are donating to legitimate relief company but company is fake o m all encompassing fraud acts 0 ex nonexistent home issues that you are told need to be fixed so person changes you fortune tellers persuade ppl to bury S to remove a quotcursequot ft knows S location foreign countries sending emails about money transfers student loans and companies promising to lower interest rates Constitution and Bill of Rights Constitution 0 Supreme law of US 0 First three articles establish the separation of powers leg exec jud 0 Constitution created over concerns of centralized power Bill of Rights 0 AntiFederalists argued that the Constitution needed provisions protecting rightslibertiesfreedoms 0 First 10 amendments of the constitution 0 Designed to limit the power of the federal govt o Federalism division of power bwn the federal and state govts 0 Originally only applied to protection against the federal govt 0 Changed w Barron v Baltimore 1st Amendment quotGreat amendment 0 Freedom of religionspeechpetitionassemblypress o Guarantees that Americans can share the info they need for a public debate on issues and to act on those issues 0 Categorized as quotfreedom of expression o How 1st amned applies to C 0 Trial by Media gt Sheppard v Maxwell I Supreme Court overturned conviction bc media publicity prevented a fair trial 0 1St Amendment freedom of press vs 6th Amendment right to fair trial 0 Freedom of assembly and petition 0 Large protest movements I Ex Occupy Wall Street 0 Freedom of speech issue internet piracy SOPA 0 Freedom of press 0 Press is called the quot4th estate 0 Internet is a branch of the media 0 Corporate owned media 6 companies control 90 of the media news 2quot l Amendment Right to bear arms District of Columbia v Heller 2008 o 2quot l amend protects a person s right to possess a firearm in a federal enclave property of the federal govt I DC previously had ban on handguns in homes 0 Individuals not just the militia have right to bear arms in federal enclaves McDonald v Chicago 2010 o 2quot l amend applies to individuals of all states via the due process clause of 14th amend o Ie Passes ruling of DC vs Heller onto states via 14th amend in both cases right to bear arms in home 3rel Amendment 0 Protection against being forced to quarter troops 4th Amendment 0 Right against unreasonable search and seizure Issuance of warrants wo probable cause 0 Warrant written court order instructing a certain act to be done 0 Probable cause legal justification for an arrestsearchseizure based on sufficient reason to think a crime has been committed o Reasonable conclusions 0 Search warrant authorities have to go before a neutral judge and demonstrate probable cause 0 Specific not general 0 Exclusionary clause prohibits courts from using illegally obtained evidence 0 Ie evidence obtained during unreasonable search and seizures 5th Amendment 0 Protection against selfincrimination Miranda rights Giving evidence against yourself via confession take the 5 Double jeopardy 0 Double jeopardy prevents authorities from trying you twice for the same crime at the same level of prosecution o Guarantees quotdue process constitutional guarantee of fairness and that one will be given notice of proceedings and an opportunity to be heard before the govt takes away one s lifelibertyproperty ie 0 Guaranteed in federal criminal cases 6th Amendment 0 Guarantees criminal defendants the right to a fair and speedy trial 0 Trials must be held in public 0 Must have fair and impartial jury 7th Amendment 0 Specifically deals wcivil courts Amends 16 and 8 10 deal wfederal courts 0 Right to a jury trial in civil cases 0 Usually cases over monetary issues 0 Civil cases quottortquot 8th Amendment 0 Protection against excessive bail and fines o no cruel and unusual punishment 0 No constitutional right to be released on bail 0 Gray area what constitutes excessive 9th Amendment 0 Provides flexibility in Constitution 0 Just bc a particular right isn t mentioned doesn t mean it doesn t apply 0 quotunenumerated rights gt rights not in Constitution but implied as human rights I Ex right to privacy 10th Amendment 0 States rights not specifically mentioned in Constitution 0 quotessence of federalism o Enumerated rights for federal gov t kept by federal gov t Enumerated rights for state gov t kept by state gov t Unenumerated rights of gov t kept by the states 14th Amendment o Guarentees due process and equal protection 0 Due Process Clause I Rights to fair trial notice of hearings and right to be heard before a court 0 Equal Protection Clause I All ppl must be treated equally and fairly o Mainly sec to apply federal rulings to states Habeas Corpus quotpresent the body o Fundamental safeguard for individual freedom against the gov t 0 Right to have your day in court 0 e can t be jailed wo court trial Bills of Attainder 0 Legislative act declaring someone guilt in a crime and imposing punishment wZo a trial 0 Constitution prohibits Congress from passing bills of attainder Ex Post Facto Laws 0 Any law that punishes an act that was not criminal legally at the time it was performed 0 Ex action done by A gt law passes that makes that action criminal gt A can t be prosecuted for said action cuz law making it illegal was passed after the action occured SCOTUS Cases about 1st Amendment o Schenk v US 19 o Placed limit on free speech 0 Est quotclear and present danger test I Some speech can have dangerous consequences and should be limited 0 Ex yelling fire in a theater when there is no fire is an example of dangerous speech bc it can cause people to stampede out of the theater and potentially hurt each other o Brandenburg v Ohio 69 o Expanded free speech that had been limited by Schenk case 0 Gov t can t punish inflammatory speech unless that speech is directed toward inciting and will likely incite imminent lawless action I Ex riots imminent lawless action 0 Brandenburg Test 0 Speech must be evaluated on the following three criteria to see if it should be limited I Intent I Imminence I Likelihood to promote a lawless action 0 speech not protected by Const speech that meets the Brandenburg Test not necessarily false speech like yelling fire when there s no fire 2ncl Amendment today 0 Debate on militia vs individual clause 0 Should militia or individuals or both have right to bear arms 0 Why have 2ncl Amendment 0 Historical context I time of Am Rev Britain was limiting the colonists ability to have weapons I Right to bear arms to fight against a tyrannical gov t 0 Evolution of weapons technology 0 Wmore advanced weapons should 2quot l Amend be keptlimitedremoved 0 Does 2quot l Amend apply outside the home 0 IL struck down statewide ban on carrying concealed weapons People to know Edward Bernard 0 Propaganda o Illusion ofchoice Edwin Sutherland 0 Father of WhiteCollar Crime 0 2 criteria of wc crime Timothy Geithner o LIBOR NY Fed Reserve head who knew about the scandal Bernie Madoff o Ponzi scheme John Corrine o Ponzi scheme 0 MF Global 0 Precedent no charges Ken Lay o Enron CEO Jeffrey Skilling o Enron President and COO Andy Fastow o Enron Chief Financial Officer gt responsible for fraud scandal and falsifying financial info Key Cases 0 Barron v Baltimore 0 B of R protects ppl from state gov t as well as fed govt Sheppard v Maxwell 0 Trial by Media 0 1st vs 6th amendments 0 District of Columbia v Heller 0 Guns allows in federal enclaves o McDonald v Chicago 0 Due process of 14th amend give ppl in all states the right to possess a firearm o Schenk v US 0 1st amendment 0 Clear and present danger 0 Limited speech 0 Brandenburg v Ohio 0 1st amendment 0 Expanded speech 0 Test intent imminence and likelihood
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'