CJ Week 3 Notes; 01/25, 01/27, 01/29
CJ Week 3 Notes; 01/25, 01/27, 01/29 CJ 100
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This 5 page Class Notes was uploaded by Courtney Small on Saturday January 30, 2016. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Summer 2015. Since its upload, it has received 63 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 01/30/16
Tuesday, January 26, 2016 11:00 AM Categories of white collar crimes: Insider Trading • Trading of a company's stocks or other securities by individuals with access to confidential or non-‐public information about the company Bribery • Corrupt solicitation, acceptance, or transfer of value in exchange for official action • Must prove quid pro quo o Reciprocal relationship; "I scratch your back; you scratch my back" Credit Card Fraud • Form of identity theft that involves an unauthorized taking of another's credit card information for the purpose of charging purchases to the account • Two main types: Application fraud and account takeover Phone Intel Marketing Fraud • Any type of scheme in which a criminal communicates with the potential victim via the telephone • Obtain info from victims when acting like a legitimate company, fake checks tell them they overpaid • "Phony" fund-‐raising: targets tragedies and natural disasters o Usually after a big crisis occurs Cons • Nonexistent home electrical or plumbing repairs • Fortune tellers who persuade people to bury their money to lift the "curse" o Negative energy • Foreign countries to transfer money o Foreign prince or princess calling that you're a direct descendant, need banking account info White-‐Collar Crime Today • Bernie Madoff o Made off with 50-‐billion dollars; on Wall street for 50 years o Ponzi scheme components: • Has to seem legitimate; Returns seemed believable • Has to come from a well respected and trusted individual • Collapse eventually o Spends 150 years in federal prison • MF Global o Stood for 'Man Financial' o 2 billion dollars of client money was lost; dealt with commodities • (oil, agricultural front) o Also dealt with industrial farms o 2 months after people recommended MF global for being the best; the company declared bankruptcy o When dealing with a financial institution, you have business accounts with what they invest in and you have your client accounts. You're never supposed to touch your client accounts. o John Corzine said he had no clue where the money went • Enron Wednesday, January 27, 2016 11:00 AM The Constitution -‐The Supreme Law of the US -‐The first three articles establish the separation of powers (legislative, executive, judicial) -‐Concerns over a centralized power The Bill of Rights -‐First 10 amendments to our constitution -‐Designed to limit the power of the federal government (federalism) -‐Protections originally applied only against the federal government (Barron vs. Baltimore) First Amendment st -‐1 Amendment (“The Great Amendment”) -‐Freedoms of religion, press, speech, assembly, and petition -‐Guarantees that American can share the information they need for a robust public debate on issues, and to act on these issues -‐Categorized as Freedom of Expression How the first amendment applies to CJ “Trial by Media” – Sheppard vs Maxwell –Supreme Court overturned conviction because media publicity had prevented a fair trial (1 -‐ freedom of press vs. 6 right to a fair trial) -‐Freedom of Assembly and Petition-‐ Large protest movements (think Occupy Wall Street) -‐Internet, instant access to events via YouTube – SOPA (Stop online piracy act) Second Amendment-‐ -‐Often cited as the “right to bear arms” -‐ “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed” -‐District of Columbia vs. Heller (2008)-‐ Second Amendment protects an individuals right to possess a firearm in federal enclaves. (Previously had a handgun ban in homes). -‐McDonalds vs. Chicago (2010)-‐ Second Amendment applies to individual states under the due th process clause of the 14 amendment Third Amendment-‐ -‐Quartering Troops -‐You cannot be forced to have soldiers stay in your home Fourth Amendment-‐ “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” -‐Our rights against search and seizure -‐Warrant-‐ Written court order instructing that a certain act be carried out -‐Probably Cause-‐ Legal justification for an arrest, search, or seizure, based on sufficient reason to think a crime has been committed “Reasonable Conclusion” -‐Search Warrants-‐ Authorities have to go before a neutral judge or magistrate and demonstrate probable cause -‐Exclusionary Rule-‐ Prohibits courts from considering illegally obtained evidence th 5 Amendment-‐ -‐Protects you against giving evidence against yourself via confession, (“take the fifth”). Protection against self-‐incrimination (Miranda). -‐Double jeopardy doctrine –prevents authorities from trying you twice for the same crime -‐Guarantees “due process” –constitutional guarantee of fairness and that one will be given notice of the proceedings and an opportunity to be heard before the govt. and acts to take away ones’ life, liberty and property. Friday, January 29, 2016 11:00 AM 6th Amendment • Guarantees criminal defendants the right to a fair trial • Ensures that defendants are brought to trial soon after they are changed ("speedy trial") • Trials are held in public • Fair and impartial jury 7th Amendment • Specifically dealing with civil court • Right to a jury trial in civil cases 8th Amendment • Protection against excessive bail • Protection against excessive fines • Protection against cruel and unusual punishments 9th Amendment • Provide flexibility in the constitution • Just because a particular right is not mentioned does not mean that it doesn't apply • "Unremunerated rights" • Right to privacy?? 10th Amendment • States' rights not specifically mentioned in the constitution • "Essence of federalism" (division of power between state and federal governments) Habeas Corpus 1. Habeas Corpus a. "Fundamental safeguard for individual freedom against an arbitrary government" 14th Amendment • Guarantees’ due process and equal protection • Due process clause • Equal protection clause Bills of Attainder 2. Bills of Attainder a. Legislative act declaring someone guilty of a crime and imposing punishment absence of congress prohibits for passing attainder Ex Post Facto Laws 3. Ex Post Facto Laws a. Any law that punishes an act that wasn't criminal when committed Scheck vs. United States (1919) • Established the "clear and present danger test" test • Falsely shouting fire in theatre • Limits of free speech Brandenburg v. Ohio (1969) • Government can' t punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action. (ex. Riot) The Brandenburg test 1. Intent 2. Imminence 3. Likelihood