Criminal Justice Final Exam Study Guide
Criminal Justice Final Exam Study Guide 101
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This 13 page Study Guide was uploaded by Alexis Notetaker on Thursday December 3, 2015. The Study Guide belongs to 101 at University of South Carolina taught by Theresa Clement in Fall 2015. Since its upload, it has received 272 views. For similar materials see The American Criminal Justice System in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 12/03/15
1 of 13 Criminology Final Uniform Crime Report Produced by the FBI every year Tells us the percentages on running crime Any person can use and have access to this report Most common crime is Larceny Crime Clock: Rate and Time at which crime occurs Information is retrieved from Law Enforcement and then the FBI compiles the data Ex. Every 42 seconds a burglary happens National Crime Victimization Survey Where we get most of our information about victimization Survey gets information from victims Attempt An incomplete or inchoate crime You try to commit a crime but just don't finish it Impossibility You intend to commit a crime, you do everything to commit a crime, but the law does not prohibit what you did There is no law Robbery Most likely to occur when there is an armed offender as opposed to rape or murder Individuals are more likely to be robbed at gas stations or in the dark Taking from a person or their immediate presence by force or threat of force Conspiracy An incomplete or inchoate crime Two or more people agree to do an unlawful act or a lawfully act in an unlawfully way Kick door in and get the stereo lawful act in an unlawful way Murder A type of homicide (killing of one person by another) A crime against the person Killing with malice or forethought To be charged with murder, someone must die as a result Most murders are between people who know each other Juvenile murderers are mostly males and kill with guns 2 of 13 Manslaughter A type of homicide (killing of one person by another) A crime against the person Killing one with the heat of passion Diversion Divert you away from the court system Alternative to trial No conviction or sentence Mostly done for juveniles Pre Trial Intervention: Pick up a charge and instead of going to court, you pay money and go into a program, if you complete everything they will dismiss your charge AEP: Alcohol Education Program Federal Courts You will go through the federal court system if you commit a federal crime Levels: US Magistrate Court Courts of Limited Jurisdiction: Lesser misdemeanors Set Bails US District Court Federal jurisdiction and can try all federal crimes US Court of Appeals Appellate court not a trial court No one gets on the stand Lawyers just stand and argue in front of the judge We are required to make objections as it is happening in the court Bring up 12 men on the field in football at the time of the play not after the game Objection: Judge decides Looking for judicial error Appeals: Appellate court can overturn the case and end the case Case gets overturned and the court delivers Trial De Novo (new trial) Affirm what happens at the trial level Remand with instructions to correct the judicial error (ex. sentencing error) US Supreme Court Review cases and provide remedy for judicial error Very small percentage of cases gets overturned (appealed) 3 of 13 Can chose not to hear your appellate if another court system has already heard it, if they think its a significant issue they will hear the case and issue a Writ of Certiorari (Cert) that says send everything up to (transcripts, evidence) State Courts Trial Court: Courts where you put evidence in, witnesses on the stand, someone is found guilty or not guilty Trying to prove that you are guilty First court that can determine whether you are guilty or not guilty Limited Jurisdiction: Only hear certain types of cases Traffic Court: Can only decide traffic cases Magistrate Court: They can hear minor criminal matters or small civil matters Drunk, possession of weed Small claims court State Court of General Jurisdiction: Broader jurisdiction General Sessions Court: Criminal Matters Court of Common Pleas: For Civil Matters Appellate Court: Appeal court South Carolina Court of Appeals Appeal again: State Supreme Appeals Court Standard of Proof Level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding Higher in criminal law Theories Why People Commit Crimes Deferential Association Theory: Crime is a learned behavior Crime runs in the family Drug addict Crime an be unlearned Teaching them to do the right things Most approved criminal theory today Classical Theory: Committing a crime is a choice Also known as the rational choice theory You understand it is criminal but you do it anyway You know right from wrong Criminals just choose to rape, steal, and kill people They make a choice based on the pain, pleasure, principle 4 of 13 Humans will do things to gain pleasure or to avoid pain Students drinking and going to five points it will bring you pleasure or prevent you from feeling pain Psychological Theory: Crime is caused by our psychological state Crime is a mere expression of your psychological state Mental illness or not adapting to society well Biological Theory: Crime is caused by our physical biology It is inherited and in you You are predisposed to commit crimes No free will If your physical body causes you to commit certain crimes How do we know if this is true? Studies done on body types and on twins Twins separated at birth and don't know each other, but as adults they are both forgers Some correlation between biology and committing crimes Phrenology: Studying the bumps on a persons skull to identify their character to determine if they are going to become a criminal Social Determinism: Society is the route of crime Bad environment, unemployment, violence in the media, inadequate housing, failure of schools Causes us to throw more money at society If we can make these conditions better, it would help stop crime Motions Lawyer asks the court for a ruling You're honor I would move that or you're honor I would have a motion Motion made for speedy trial Extremely rare that you get a legit date Motion to sequester To keep separate Sequester witnesses or jurors Don ’t let witnesses hear other witnesses Jurors cant go home till case is over Solitary confinement Don ’t want the jurors to be tainted Motion for discover We want information from the Prosecution to figure out what they have on the client 5 of 13 Motion to surpress Surpress evidence Motion for dismissal When the case is dismissed with prejudice it is never coming back Case dismissed without prejudice but it can come back up Terry Vs Ohio Guys looking in store, man charged with unlawful possession of a weapon, reasonable suspicion not probable cause. Reasonable suspicion: Facts that would lead a reasonable person to believe that crime is a foot Law enforcement must tell you that you are under arrest or you might fight them Court said their must be reasonable suspicion Pat down conducted for police safety Exclusionary rule does not just apply to searches, it also applies to interrogations and confessions Not all confessions are true and reliable Terry Patting Outer body Quick 4th amendment, search and seizure, no warrant Defense Probable cause Didn't they they could establish Actus Raes The guilty act (killing, burglary) Has to show that you committed some guilty act in order to commit a crime Crime of Commission: Crimes that you commit Crime of Omission: You omit to do an act. There must be a legal duty to act and you don ’t do it. The failure to do it is considered an act. Tax filing Mere possession or mere words Mens Rae Some intent to commit a crime If the jury believes your intent, its proven Threats and confession Just based on acts of the case, the jury can decide your intent 6 of 13 Sentencing Government punishment for violating the law Deterrence Specific deterrence: Teach specific criminal lesson General deterrence: Teach everyone not to do a lesson Recidivism: Deter you from committing more crimes Incapacitation: Stop your ability to commit crimes Removal Retribution Worse crime is, higher sentence is going to be Rehabilitation If you can be rehabilitated, maybe you can be stopped from committing crimes Focus on treatment and curing the offender Different Sentencing Models Determinant sentencing: Sentenced and you get a number of years and base your release date on Indeterminate sentencing: Sentenced to range of years. Base your release date on your behavior Mandatory sentencing: Some crimes have a minimum sentence that you have to get. You can not get a lower sentence Truth in Sentencing: You get a certain amount of time and you have to serve a certain amount of it 85% Laws: You have to do 85% of your time Pardon Released from the governmental consequences of the conviction (if granted a pardon you are free) State Charge: Governor grants it Federal Charge: President grants it Probation: Granted instead of prison A suspended sentence You get a sentence, but then its suspended Probation agent: Baby sit you and make sure you do what you are supposed to do Handle 80150 cases at one time Stay under radar and do what you are supposed to do Federal Probation Agent: Requires a bachelors degree Considered successful if his clients successfully complete probation 7 of 13 Job, place to live The judge decides whether you get probation Requirements: Maintain a job Specific place to live with an address They have to come by and check on you No alcohol or drug use Probation agent will serve you with a probation violation notice You show back up under a judge and the agent says all the bad things about you Explain good reasons why you didn't comply Judge can either revoke or keep your probation Intensive Probation: Meet once a week or more often, home confinement, electronic monitoring Need more monitors Parole When you get out of prison before your sentence is complete Conditions: Address Drug/Alcohol test Make Recitation About 90% of parole individuals complete it Approximately 20% max out Don ’t get parole or don't want to bother with parole Incapacitation Stop your ability to commit crimes Removal from society Transportation A form of corporal punishment Dropped you off somewhere else England dropped you off in the United States or Australia Retribution Worse crime is, higher sentence is going to be Punishment inflicted on a person who has harmed other people and deserved to be penalized Eye for an eye Offender should be punished in the same way they hurt someone else 8 of 13 Deterrence Specific deterrence: Teach specific criminal lesson Specific criminals to prevent them from committing future crimes General deterrence: Teach everyone not to do a lesson General public Victimology: The study of victims Criminals and victims tend to share the same characteristics Differential association of perpetrators and victims Young people tend to hurt young people, rich vs. rich, educated vs. educated Most murders they knew each other Gender: Woman have the greatest risk of sexual victimization Rape is the least recorded violent crime Other than rape, women are less victimized in every other category Marital status: People are more likely to be violently victimized Age factor: Young people are more likely to perpetrate crime Age 2024 most likely to be victimized Elderly have the lowest rate of victimization Situation: Weapons (you will not get shot if there is not a gun), robbery is the most likely to occur when there is an armed defender as opposed to rape or murder, individuals are more likely to be robbed at gas stations or in the dark. Time: In the night and in a place where you cannot defend yourself Urban people more than rural National Crime Victimization Survey Where we get most of our information about victimization Survey gets information from victims No information on homicide Victim Impact Statements: At sentencing, the victim has the right to tell the judge what they think should happen to the defendant Victim Offender Venting: Victim vents to defender Victim Offender Reconciliation: Another thing is where the victim is put into the room with the defendant and tries to understand why they did it Criminal Law Remedy: Someone is going to jail 9 of 13 We want to take your freedom Standard of proof is higher Juris Prudence: Philosophy of the law We are at any given time subject to the federal and state courts Different levels of courts Civil Law There is a difference between civil and criminal law Civil Law: Private parties sue each other We want to take your money Someone decides to start the case Contract Dispute: Someone breached a contract Establish that their was a contract in the first place Contract: There has to be an offer and an acceptance and consideration Consideration: Both sides have to give something up No consideration, no contract Sometimes breaches are controllable and sometimes they aren't Specific performance: Perform specifically what you agree in the contract You sell someone your house after The person who starts the case in the court system is known as the plaintiff The person getting sued is known as the defendant Tort: A private wrong that causes harm to another Car Accident Car accident under DUI: Tort and Criminal Case Divorce: Lawsuit, have to convince the judge to relieve you from your divorce Child Custody Cases: Suing to get rid of custody of your child Remedy: Trying to sue over the damages you incurred Stand of proof: By a Preponderance of the evidence more likely than not Sources of Law Statute: A law passed by the legislature Usually 1 or 2 lines long Common Law: Ancient english case law It came from a case not a statute Unwritten legal precedent Evolved and changed A case goes to a judge 100s of years ago, someone stole someones cow, he walks by his neighbors pasture and sees his cow, he goes to the judge and says this guy stole my cow, the judge wants to know how he knows, the judge checks out the cow and says okay you can have your cow back 10 of 13 If someone steals and you can prove that its yours, you get it back You might possibly get back more than what was just stolen from you The holding of the case could either be you get your one cow, two cows, or multiple depending on the facts The holding is the decision of the case, but it will be based off the facts Case Law: Law that comes straight from a case A particular person and a particular act Present Day Case Law: In court, a law can be changed as we go and as facts change for the judge We also get our law from the Constitutions: Anti Majority: They protect the minority (us) from the government These rules are set up to protect the minority interest We are a government of laws not of people Based on established principles, law stays the law until it is overturned Precedence is also known as Stari Decisis Whatever is the law now is the law now until it is overturned Federal Constitution State Constitution Strikes When questioning potential for bias Juror number is pulled and comes to the front of the room Don ’t keep or keep Strike you Preemptory challenges or strikes Strike or challenge for cause Good reason that they shouldn't be because they are biased Member of law enforcement, spouse or husband of a cop Juvenile Justice We have not always had a juvenile justice system Colonial Times: Age accountability was 7 Mens Rae by 7 you know right from wrong You can choose to commit a serious crime and be charged as an adult 18th and 19th Centuries All inmates were housed together Adults and children together Developed juvenile reformatories Incorrigible: Ungovernable Just wont do what you are told 11 of 13 Beyond control of parents Staying out late Disorderly Unlawful interruption of the peace Fighting people Vagrant: Homeless No crime has to be involved, but you have no adult supervision What right does the government have to step into my family unit and stir things up? Parens Patriae: The State has the primary responsibility for the custody of children Juvenile Courts Any child whose welfare is threatened maybe subject to the juvenile court Not protected by parents: abuser or allows abuse More likely to be an abuser as an adult Prevent an adult criminal from forming Status Offender or Delinquent Status offenses: Offense itself might not be a crime but you aren't allowed to do it because you are a child. Offend because your status is young Skipping school Delinquency offense: A juvenile commits any act that would also be a crime for an adult Shoplifting If you fall under one of these categories (status offender or delinquent): You get a juvenile petition to go to court Intake clerk: Opens file on your case, basic information Divert away from court system or make you go through the court system Program to see a counselor Sometimes they want you to go to adult court instead of juvenile court depending on the crime (murder) The prosecutor tries to have the child waived up (certification hearing) Adjudication Hearing: You go in front of a judge in juvenile court Not a trial Witnesses get up on the stand There is no guilty or not guilty Find the defendant is a status offender or delinquent or no findings There will be a disposition hearing What are we going to do with this juvenile? Ordered to be detained Send to Department of Juvenile Justice 12 of 13 Live in a group home Juvenile bootcamp Probation Defenses Necessity Forced by circumstances to commit a crime that you would not otherwise commit Duress You are forced by another person to commit a crime you would not otherwise commit Mistake of a fake As a result of a mistake, you commit an act that would be a crime, but you didn't know it, you have a defense You have no intent to commit a crime, but you still commit a crime, you have a defense Legally impossibility: You intend to commit a crime, you do everything to commit a crime, but the law does not prohibit what you did There is no law Steps in a Criminal Case 1. There has to be a law 1. You cannot have crime unless there is a law. The law has to be on the books at the time the act happens. 2. There needs to be an act that violates the law known as a crime Mala Se: What you did was bad rape, steal Malum Prohibitum: Crimes not that are evil but are just crimes because we prohibit the action speeding 3. There needs to be some kind of investigation that figures out you are a suspect We need to figure out that you did it 4. There is going to be a decision on whether to arrest you or not Is there a diversion program? Mostly done for juveniles There are limits to the power of arrest Must be probable cause to arrest, need facts, not mere suspicion Law enforcement has to take evidence lawfully Terry v.s. Ohio: Guys looking in store, man charged with unlawful possession of a weapon, reasonable suspicion not probably cause. Reasonable suspicion: Facts that would lead a reasonable person to believe that crime is a foot Law enforcement must tell you that you are under arrest or you might fight them 5. Law enforcement needs to document the circumstances of the arrest Policy report Must be correct and articulate 6. Once you have been arrested, you are going to be fingerprinted and booked in 13 of 13 They can hold you for 48 without actually charging you 7. There will be a decision made whether to prosecute 8. First appearance is the first time you show up to the court Bail is possibly set: you pay and are free until your case goes to court 9. Preliminary hearing in front of magistrate judge Determines if there is probable cause to arrest you and whether there is probable cause to take it onto trial Facts crime committed and facts that you were involved Magistrate does not find probable cause he dismisses the case 10. Inditement stage Secret, lawyer and defendant cannot be there Case goes to grand jury and whether it should be indite Stamp it true bill it will go to trial Merely accusing you of whatever the charge is Can be used instead of arrest warrant (surveilling you and you don't know then taken t to a lawyer and you get arrested) 11. Motion to make a ruling in our favor 12. Plea bargaining Defendant must be willing to take it Working with the Prosecutor What matters is what they are convicted of not with what is charged 13. If there is no guilty plea that the defendant likes, we will go to trial Bench trial: Whole case is tried in front of a judge Judge decides whether you are guilty or not guilty Jury trial: Case is tried in front of a jury 14. Once you are sentenced you might go to jail or you go to probation Probation is instead of jail If you go to prison and you leave early, its parole 15. If you lose at trial, you might decide to appeal your case Get a part overturned Once you have been convicted, you can appeal it.
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