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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
If you want to learn more check out In what way is attractiveness related to evolutionary theory?
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
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Manslaughter
A type of homicide (killing of one person by another) If you want to learn more check out What are the problematic issues in inflation?
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 Don't forget about the age old question of What is the tripartite pact of the axis powers?
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 If you want to learn more check out Which publicity photo did andy warhol use?who is jasper johns?
Very small percentage of cases gets overturned (appealed)
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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 Don't forget about the age old question of What did friedrich froebel believe in?
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 If you want to learn more check out In chemistry, what are alkyl halides?
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.