CJ 100---Test 3
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This 8 page Class Notes was uploaded by Paula on Monday April 25, 2016. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Winter2015. Since its upload, it has received 229 views.
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Date Created: 04/25/16
Criminal Justice ----- Test 3 Visible Crime “Street crimes” Majority of law enforcement resources Three categories: Violent Crimes Property Crimes Public Order Crimes Violent Crimes Physical injury or death is a result. Most of these offenses are committed by people who know their victim: 1. Murder and non-negligent (voluntary) manslaughter Willful (non-negligent) killing of one human being by another (intent is present). *First degree murder ---- Premeditated, intentional killings, felony murder (commission of a violent felony). *Second degree murder --- Unplanned (death of a victim was distinct possibility --- reckless action). *Voluntary manslaughter --- Intentional killing in which the offender had no prior intent (not premeditated) to kill (“heat of passion”). 2. Forcible Rape Used to be “carnal knowledge of a female forcibly and against her will”. ***Update: FBI is changed the definition to include males and not just to include just “forcible” (unconscious, physically or mentally disabled, drugs, alcohol, etc). 3. Robbery The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. 4. Aggravated Assault Unlawful attack by one person upon another for the purpose of conflicting severe or aggravated bodily injury. Property Crime *The object of the theft-type offenses is the taking of money or property, but there is no force or threat of force against the victims. 1. Burglary The unlawful entry of a structure to commit a felony or theft. To classify an offense as a burglary, the use of force to gain entry need nor have occurred. 2. Larceny --- Theft The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Examples are thefts of bicycles, motor vehicle parts and accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. 3. Arson Any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. Pubic Order Crimes Acts that threaten the general well-being of society and challenge accepted moral principles. Example: Public drunkenness, panhandling, vandalism, and disorderly conduct. Concern with these minor offenses is that they will lead to more serious crime and hasten urban decay. Victimology Examines the impact of crimes on victims. 1. Who is victimized? Demographics play a key factor (age and income) Lifestyle exposure model (factors places, times, and people). 2. The impact of Crime All of us pay for crime. (ex: Higher taxes, insurance premiums, fear, etc.) Economic costs (lost property, lower productivity) Psychological and emotional costs (pain, trauma, etc.) Operating the Criminal Justice system (remember the total annual cost of crime!) Elements of a Crime 1.Actus Reus --- The evil act (guilty act) Act or conduct that is prohibited. Must be a voluntary act or a qualifying omission --- voluntary --- performed consciously as a result of effort (involuntary does not qualify as actus reus) --- Omission --- Failure to perform an act when physically capable. 2. Men’s Rea --- Evil mind (“guilty mind”) Level of intent to commit an actus reus. Think the varying degrees of murder we discussed (and manslaughter): First, Second, Voluntary (Third), Involuntary 3. Attendant Circumstances Specific circumstances which must surround the actus reus (criminal act). Example: Is speeding a crime? 4.Causation of Result Result --- Occurs because of the commission of the actus reus. Example: Convicted of homicide (result --- death of another human being). Strict Liability Narrow range of crimes that are exceptions to the requirement of actus reus + mens rea = crime Ex. Actus reus but no criminal intent (mens rea) Examples??? Direct vs. Circumstantial Evidence Direct evidence --- Demonstrates proof beyond a reasonable doubt. Circumstantial evidence (indirect evidence) --- Requires inference from a jury. Careers in Criminal Justice Police Office Educational background Reality of Work/Job description Stress/Work life balance Detective/Investigator Real world vs. TV How you get there A day in the life Attorney/Lawyer Law school ---- how you get there Passing the bar Reality of work Specialty areas (prosecution, defense, civil, etc) Judge How you get there Probation/Parole Officer Reality of work Correctional Officer (CO) Work environment Reality of work Federal Investigator Reality of work USAjobs.gov 1811 series Crime Scene Investigator Education/Training Intelligence Careers Education background Foreign languages Reality of work Private Detective (PI) Work Environment As a career Bondsmen/Bounty Hunters Nature of work Clinical Psychologist Nature of work How you get there Zodiac Killer Case Case Facts Northern California (late 1960s-early 1970s) Originated the name “Zodiac” in letters taunting the police (ciphers). Zodiac claimed 37 murders in the letters (only 7 confirmed victims). Case Overview Robert Graysmith Paul Avery Inspector Dave Toschi Arthur Leigh Allen Circumstantial Evidence Zodiac Victim in the Film **Michael Mageau, 19, and Darlene Ferrin, 22: shot on July 4, 1969 **Bryan Hartnell, 20, and Cecelia Shepard, 22: stabbed on September 27, 1969 **Paul Stine, 29: shot and killed on Oct. 11, 1969 Circumstantial Evidence Reference to the “Most Dangerous Game” --- Court Zaroff Zodiac watch --- same symbol as the Zodiac killer uses in their letters. Misspellings in letters Military-style boot prints Corrections Corrections refers to ALL programs, services, facilities, and organizations responsible for the management of the accused and convicted. Prisons, jails, probation, parole, halfway houses, education and work release programs, community service, etc. History of Corrections in the US Penitentiary (prison) --- An institution intended to punish criminals by isolating them from society so they can reflect on their crimes and reform. The Pennsylvania System Criminals could best be reformed if they were placed in penitentiaries. Separate confinement --- Inmates held in isolation from other inmates. All activities, including craft work, took place in cells (and in isolation). Solitary confinement would prevent further corruption inside prison. Offenders would reflect on their past transgressions and repent. The New York System Industrial efficiency should be the purpose of prison. Contract labor system --- Labor sold on a contractual basis to private employers. Private employers provided the equipment and inmates made products to sell. Strict discipline, obedience was key. Cincinnati, 1870 Advocated a new design for the penitentiary system. Reform should be rewarded by release. Indeterminate sentencing guidelines, instead of fixed sentences. Corrections in the US Each level of government has some responsibility for corrections (local, state, and federal). State and local governments pay about 90% of the cost of all correctional activities in the nation. Models of Incarceration 1. Custodial model --- Emphasizes security, discipline, and order (assumes purpose of incapacitation, deterrence, or retribution). 2. Rehabilitation model --- Emphasizes treatment program (drug courts). 3. Reintegration model --- Emphasizes ties to family and community (community corrections). *The majority of prisons conform to the custodial model. Federal Bureau of Prison Created by Congress in 1930. Facilities and inmates are classified by security range: Level 1 (least secure, camp-type settings). Level 5 (the most secure, “super max” penitentiary at Florence, Colorado). ADX Florence --- “Alcatraz of the Rockies”. State Correctional Systems Forty states have created prisons that exceed maximum security. About 20,000 inmates are currently held in these “super max” prisons. California’s Pelican Bay. Private Prisons Response to prison and jail overcrowding and rising costs. Argue that private enterprise can build and run prisons as effectively as government, but at a lower cost to the taxpayers. Private facilities hold approximately 6% of all the state prisoners and 15% of all federal prisoners. Jails Jails are used for detention and short-term incarceration (less than one year). Local facilities used to detain people awaiting trial. Also serve as a holding facility for “social misfits” (junkies, disturbers of public order, prostitutes, etc.) The Contemporary Jail Approximately 3,400 jails in the US. Because of constant inmate turnover, correctional services are usually lacking in jails. The mixture of offenders of differing ages and criminal histories is also a major problem. Community Corrections Community corrections seeks to build stability and success for offenders through the community. Finding employment opportunities is an important component of community corrections. Based on the goal of finding the “least restrictive alternative”. Probation Conditional release into the community (avoids incarceration) Submitting to drug tests, obeying curfews, and staying away from certain people or parts of town. About 4.2 million offenders currently on probation. Probation Services Probation offices can be thought of as police officers and social workers. Supervise clients (offenders) to keep them out of trouble and enforce the conditions of the sentence. Help clients obtain housing, employment, and treatment services. Probation Officers and Caseloads In the 1930s, the National Probation Association recommended a 50-unit caseload. In 1967 the President’s Commission on Law Enforcement reduced it to a 35-unit caseload. Today the national average for adult supervision is about 150, with some urban areas exceeding 300. How Probation Ends Probation ends in one of two ways: 1. Offender successfully completes the period of probation. 2. The probationary status to revoke because of a technical violation (fails to meet conditions and abide by rules of probation). Once the probationary term is completed, the sentence ends. Parole Provisional release from prison. Main goals: Managing prison populations and incentivizing rehabilitation Types of Intermediate Sanctions Fines --- Sum of money to be paid to the state by a convicted person as punishment for an offense. Restitution --- Repayment in the form of money or service by an offender to a victim who has suffered some loss from the offense. Forfeiture --- Government seizure of property and other assets derived from or used in criminal activity. Home confinement --- A sentence requiring the offender to remain inside their home during specified periods (“house arrest”). Community service --- Requires the offender to perform a certain amount of unpaid labor in the community (social service agencies, cleaning parks and roadsides, etc). Day Reporting Centers --- Community correctional center where an offender reports each day to comply with elements of a sentence. The Juvenile Rights Period (1960-1980) Limited the powers of juvenile justice officials. In re Gault (1967) --- Afforded juveniles many of the same due process rights as adults (right to legal counsel, to confront and examine accusers, notice of charges, etc.) In re Winship (1970) --- The standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings. Status offenders were taken out of correctional institutions (ex. Skipping school). Roper v. Simmons (2005) was the beginning of the new movement. Recognizes developmental differences of teens (maturity, impulsiveness, etc.) Classifications of Juveniles 1. Delinquency --- Delinquent children have committed cats that are criminal in the adult world (theft, robbery, etc). 2. Status offenses --- Not illegal if committed by an adult, only juveniles. 3. Neglect --- A neglected child is receiving inadequate care because of some action or inaction of their parents. Bail: Pretrial Release Bail --- Sum of money or property specified by a judge that the defendant must present to the court in order to gain pretrial release. Bail will be forfeited if the defendant does not appear in court as scheduled. No constitutional right to be released on bail. Bail Bondsmen (Bond) Private businesses that loan money to defendants who lack the money to make bail. Charge a fee (usually 5-10% of the bail amount) to put up money to gain the defendant’s release. If charges are dropped or a defendant is acquitted, the bondsmen still keeps the fee paid to make bail. Bounty Hunters/Bail Enforcement Agents Hired by bondsmen to find defendants who have skipped out on bail. (Video) Federal Law Enforcement Transportation Security Administration Provide security for the nation’s transportation system. Federal Air Marshals (FAMs) *Highest firearm qualification standards in the law enforcement community U.S. Customs and Border Protection U.S. Border Patrol (Border Patrol Agent) *Protect 1,900 miles of border with Mexico and 5,000 miles of our border with Canada. CPB Officer U.S. Secret Service Originally established in 1865 solely to suppress the counterfeiting of U.S. Currency. Dual mission now: protection of national and international leaders, and safeguard our financial infrastructure. Federal Bureau of Investigation Critical languages: Arabic, Chinese-all dialects, Farsi, Hebrew, Hindi, Japanese, Korean, Pashtu, Punjabi, Russian, Spanish, Urdu, and Vietnamese. U.S. Marshals Service Nation’s oldest and most versatile federal law enforcement agency (1789). Serve as the enforcement arm of the federal courts. Apprehend more than half of all federal fugitives, protect the federal judiciary, operate the Witness Security Program, transport federal prisoners, seize criminal property, etc. Employment in the Field Experience/Internships Foreign Languages Physical Fitness Background (criminal/social media!) Firearm proficiency Website: USAjobs.gov Officer.com FederalSoup.com OJ Simpson Criminal Trial OJ Simpson Former football star --- “The Juice” Elected into the Pro Football Hall of Fame in 1985, actor, and football broadcaster. OJ Simpson Murder Trail People of the State of California v. Orenthal James Simpson November 2, 1994 (jury sworn) to verdict on October3, 1995. OJ Simpson charged with two counts of first degree murder. Murders On June 13 , 1994, Nicole Brown Simpson and Ronald Goldman were found murdered outside Nicole’s condo (12:10 am) OJ and Nicole had divorced 2 years earlier. Nicole --- Stabbed multiple times in the head and neck with defensive wounds on her hands. OJ Simpson Case Background Key Evidence History of abuse Warrant issued for arrest, OJ goes on the famous car chase, leaves apparent suicide note, holds gun to his head. Bronco had blood in it. Left handed glove at scene of crime covered in blood (Nicole Brown’s house) OJ Simpson’s house right-handed glove covered in blood, blood found on Bronco, socks soaked in Nicole’s blood at foot of OJ’s bed. OJ traveled to Chicago late that same night, gets called back by police, left hand is injured/bleeding, inconsistencies in story. Reasonable Doubt? How the crime scene was handled. Mark Fuhrman EDTA in specific blood stains Police inside Bronco before forensically examined New Evidence in Civil Trail New evidence --- bloody footprints --- special Bruno Magli shoes (only 300 in the world). Simpson denies owning a pair under oath. Multiple photos surface of Simpson wearing these shoes. Casey Anthony Case Case Summary Verdict Reaction Reaction Prosecution Very little physical evidence Delay in recovering Caylee’s remains Built case around Casey’s moral character (party lifestyle, liar, etc) Liar = murderer??? Key Evidence Strand of hair from the trunk “Air sampling procedure” Same testing showed chloroform was found. Google searches “chloroform” Caylee’s remains were found on December 11, 2008. Found in a trash bag with a blanket and duct tape. Couse of death was undetermined. Defense Accidental drowning in family swimming pool. George Anthony disposed of the body. Defense said that Casey lied because of her dysfunctional family. “Fantasy forensics” WorldCom Was the second largest long distance telephone company (after AT&T) in the U.S.? CEO --- Bernard Ebbers Massive Accounting Fraud It was estimated that the company’s total assets had been inflated by about $11 billion. This made the WorldCom scandal the largest accounting fraud in American history until the exposure of Bernard Madoff’s Ponzi scheme in 2008.
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