CRJU Exam 2 Notes
CRJU Exam 2 Notes CRJU 101
Popular in Criminal Justice in America
Popular in Criminology and Criminal Justice
This 14 page Class Notes was uploaded by jdadams on Sunday September 11, 2016. The Class Notes belongs to CRJU 101 at University of South Carolina - Columbia taught by T. Clement in Fall 2016. Since its upload, it has received 39 views. For similar materials see Criminal Justice in America in Criminology and Criminal Justice at University of South Carolina - Columbia.
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Date Created: 09/11/16
Thursday, September 8, 2016 2:47 PM • Many different laws ○ Must be constitutional • What makes a law unconstitutional? ○ Principle of legality § Law must be made public before its enforceable § It is unconstitutional for legislature to pass a law and not tell you what it is, then when you violate it, they prosecute you under it even though you don't know that law exists ○ Cruel and unusual punishment § If the law that is passed allows for cruel and unusual punishment, it violates the 8th amendment, therefore it is unconstitutional § If you can show that the punishment is too harsh for the crime, if the judge agrees, it violates cruel and unusual punishment ○ Due process (fair process of law) § The laws violate procedural fair process § These make sure laws are enforced fair and equally § Some laws are too vague § Some laws are too broad ○ No ex post facto laws § "not after the fact" § The crime must be on the books at the time of the offense □ Go to Five Points □ Order a Guiness and I drink it tonight □ Tomorrow, the city council passes a law that says you cant drink guiness □ The city tries to charge you for drinking it last night before the law was passed § Punishment must be on books at the time of the offense □ Go to Five Points □ Order a Guiness □ Drink the drink and know that there's a law against drinking Guiness □ $5 fine the night you drank it □ Change it to 10 years in prison the day after □ 10 years can't be enforced to me since I drank it last night § Kind of evidence required for conviction must be on books at time □ Drink the drink and know that there's a law against drinking Guiness □ $5 fine the night you drank it □ Change it to 10 years in prison the day after □ 10 years can't be enforced to me since I drank it last night § Kind of evidence required for conviction must be on books at time of offense □ I go get some weed □ Possession of less than an ounce is 30 days in jail □ More than an ounce is up to 5 years □ You get 3/4 of an ounce and get caught □ They change the 1 ounce to a 1/2 ounce the day after you get caught □ You're still facing 30 days because they changed the law the day after you got caught • Criminal Justice System is based on Principles and rules ○ Rule of Law § Everyone is subject to the law § No one is above the law § When the prosecutor wants to take a case against you, they have to prove the elements of crime beyond reasonable doubt ○ General categories of elements § Have to prove the Actus Reus (Reas) □ This is the guilty act □ Crimes of commission ® You commit the crime and they have to show it □ Crime of omission ® If you have a legal duty to act and you don’t act § Legal fiction □ Legally the failure to act is an action under the law § Mens Rea □ The guilty mindset □ Intent to commit a crime □ Has to prove what was in the defendants mind when the crime occurred ® Sometime defendants confess ® Sometimes before the crime, there were threats ® The jury will look at the facts of the actual case and then infer from the case what your actual mindset was ◊ A gun doesn’t accidentally go off 8 times, it may go off once on accident § Actus Reus and Mens Rea has to occur at the same time □ This is known as concurrence § Strict Liability Crimes then infer from the case what your actual mindset was ◊ A gun doesn’t accidentally go off 8 times, it may go off once on accident § Actus Reus and Mens Rea has to occur at the same time □ This is known as concurrence § Strict Liability Crimes □ Speeding ® 80 in a 55 ® Its your responsibility since you were behind the wheel § Some crimes require a result □ Prosecutor has to prove that result □ In order for there to be a murder case, someone has to be dead § Some crimes are incomplete □ You didn’t actually complete it, but what you did was still a crime □ Inchoate crimes ® Solicitation: asking someone to commit a crime ® Conspiracy ◊ 2 or more people agree to do an unlawful act ◊ 2 or more people agree to do a lawful act in an unlawful way □ Attempt ® You try to commit a crime but you don't finish it ® You try to cash a foraged check but you don't get the money Defenses Tuesday, September 20, 20162:44 PM • Necessity ○ Forced by circumstanced to commit a crime you would not otherwise commit. ○ Queen vs. Dudley and Stevens § Common law case § 3 guys § They were fisherman § From England § Storm blows up and capsized boat § They get into the lifeboat § They cant see shore, they're just floating § Trying to survive § They realize they're all going to die § They come up with a plan to kill one person to eat § Kill the guy that's not married and has no children because the most moral decision § They kill him and eat him § A boat comes and rescues the two § They get charged with murder § Go to trial and argue that they were desperate for food and survival § Jury doesn't buy it, they're found guilty and the death sentence § Queen pardons them • Duress ○ Forced by another person to commit a crime you would not otherwise commit • Involuntary Actions ○ Commit some act involuntarily but as you glance at it, you committed a crime ○ Seizure and car example § You have a seizure and your foot steps on the gas in the parking lot and you hit another car § No Mens Rea (guilty mindset) • Mistake of Fact ○ Mistaken about an important fact (material fact) and as a result of that mistake, you do something that technically is committing a crime § You have a seizure and your foot steps on the gas in the parking lot and you hit another car § No Mens Rea (guilty mindset) • Mistake of Fact ○ Mistaken about an important fact (material fact) and as a result of that mistake, you do something that technically is committing a crime ○ Visiting a friend at the dorm and time gets away from you and you have to be at work in 5 minutes ○ Borrow your buddy's bike ○ You thought it was your friends bike but you took the wrong one accidentally • Mistake of Law ○ No defense for Mistake of Law ○ "I didn't know that was against the law" • Alibi ○ Saying that my client wasn't there • Legal Impossibility ○ Defendant intends to commit a crime, does everything they can to commit that crime, but the law does not prohibit what they did ○ It's not a crime anyways Go to Europe and you go to the Thrift Store and buy a book example ○ Categories of Crimes • Personal Crimes (crimes against the person) • Assault ○ Unlawful threat to do bodily harm ○ "I'm gonna kick your ass." • Battery ○ Unlawful touching ○ Punch somebody in the face • Kidnapping ○ Stealing a person ○ Unlawfully restraining someone § Pull a gun on someone § The time the gun was pointed is restraint • Robbery Taking something from a person or their immediate presence by force or ○ threat or force • Rape/Sexual Assault ○ Sex without consent ○ Statutory Rape § Too young to give consent even if they "gave consent" • Homicide ○ Not actually a crime • Rape/Sexual Assault ○ Sex without consent ○ Statutory Rape § Too young to give consent even if they "gave consent" • Homicide ○ Not actually a crime ○ Killing of a human by another human being ○ Murder § Killing with malice of forethought (malicious killing) Manslaughter ○ § Killing while under the heat of passion □ Kill the guy that your wife is cheating on you with ○ Felony DUI § Killing while driving under the influence • Crimes against Habitation • Burglary ○ Entry without permission to go in and you want in to commit a crime • *Robbery is different that burglary • Arson ○ Fire • Crimes against Property • Larson (stealing) • Malicious injury to property ○ Egging house ○ Keying car Vandalism ○ • _________________________________________________________________ ________ • Rules of procedure ○ Searches and Seizures § We all have the 4th amendment right ○ Exclusionary Rule § Illegally seized evidence should be suppressed or excluded from law ○ Fruit of the Poisonous tree • Exceptions ○ Terry vs. Ohio • Miranda vs. Arizona ○ Right to remain silent and whatever you say can and will be used against you in a court of law • Forced confessions should be excluded you in a court of law • Forced confessions should be excluded Thursday, September 22, 20162:50 PM • Who oversees Law Enforcement? • Internal affairs ○ Supposed to look over their own worker and make sure they're doing what they're supposed to do ○ The problem is.. What is internal affairs are corrupt and the cops are corrupt? • Prosecutors ○ If the prosecution knows that law enforcement violated someone's rights, they should refuse to prosecute the case • Courts ○ If a case comes in front of a judge where the law violates someone's rights to get some evidence, they should get rid of that evidence • Oldest set of laws is known as Code of Hammurabi ○ Older than biblical texts and Hebrew texts ○ Seems to be a complete set of laws regarding civil matters/offenses and crimes • Roots of American Policing come from England • Office of Shire-Reeve ○ Where we get our term "sheriff" ○ Person appointed by landlord or king to uphold laws ○ Based on alliances and loyalty ○ Maintain order for the benefit of the king or the landlord • William the Conqueror ○ Appoints sheriffs based on loyalty to him ○ Came in and kicked out landlords and kings ○ Society should be paid back when a crime occurs ○ Instituted fines § Paying back for crimes • Magna Carta ○ Document that established the origins of Due Process for British citizens • Federal Constitution ○ Grants due process rights to citizens of the US • Industrial Revolution § Paying back for crimes • Magna Carta ○ Document that established the origins of Due Process for British citizens • Federal Constitution ○ Grants due process rights to citizens of the US • Industrial Revolution ○ People move from country to cities because of industry jobs ○ Building close houses beside each other ○ Getting crowded ○ Crimes started to flourish More concern for growing crime problems in city ○ ○ Fear builds among people in the city ○ England hires Sir Robert Peel § London metro police § Came up with system for policing that we use today § Known as father of modern policing ○ In the US, policing developed in regions differently ○ North East based law on Ecclesiastes in the bible ○ In the west, vigilante justice took over § Possee Comitatus □ We allowed the few officers we had to deputize people for the purpose to get to the people committing the crime ○ South developed differently § Slave patrols § Civilians would patrol to protect again rioting and revolts against slaves § Passed the black codes □ Passed after civil war with intent to repress freed slaves □ Prohibiting interracial marriage □ Prohibited preaching the gospel without a license □ Prohibited blacks from renting land in the cities/urban areas □ Negro Seaman's act ® Merchant marines ® Works on boats ® Ships would come into the harbor and some of the black boat workers came from the north east and they were very comfortable with freedom and equality ® Made it illegal for negro seamen to get off the boat when coming into harbor • Plessey vs. Ferguson ○ Right to get an education and access certain services ○ Blacks are saying we should have a right to share services in education ○ Separate but equal doctrine ○ Legalized different treatment of blacks and whites • Plessey vs. Ferguson ○ Right to get an education and access certain services ○ Blacks are saying we should have a right to share services in education ○ Separate but equal doctrine ○ Legalized different treatment of blacks and whites ○ 1896 • Laws stayed until Brown vs Board of Education ○ Overturned Plessey case ○ Case where they were fighting about right to be equally educated ○ Unfair teaching and learning environments ○ The ability to even get to school § White students had 33 busses to get them to school and blacks had none § Although they had schools, they were no where near equal § If you keep them separate, it's impossible for them to be equal § Have to integrate in order to be equal • American policing and CJS have blamed crimes on immigrants and lower economic/social classes • Policing today ○ Contemporary policing § Federal law enforcement □ Jurisdiction within states and our territory □ Tribal police on Indian reservations □ Military bases out of country □ US postal inspection service is federal law enforcement □ US Secret service □ FBI □ ATF (Alcohol, tobacco, firearms) □ DEA (drug enforcement agency) § State Law Enforcement □ Highway patrol □ Sherriff office □ Municipal Police □ Airport Police □ Transit Police □ Campus Police Tuesday, September 27, 20162:56 PM • Qualifications of becoming Law Enforcement • All agencies have specific requirements ○ Age (most are 21) ○ Drivers License ○ Driving Test ○ Look at your driving record ○ Residency ○ Required to live in the jurisdiction you work in ○ Education § Federal law enforcement requires Bachelor's Degree ○ Written exam § Getting questions right and spelling and grammar ○ Oral interview ○ Dealing with suspects ○ Medical/Physical exam ○ Morality/Character check ○ Integrity ○ Credit check ○ Psychological exam ○ Polygraph • Reasons to be disqualified from Law Enforcement ○ DUI ○ Arrest for violence ○ Drug conviction • Minorities and women were basically non existent until civil rights act in 1964 • 13% of law enforcement is female • Once you become an officer, there is still training to go through ○ Driver training ○ Equipment training ○ How to conduct high speed chases ○ When not to conduct a high speed chase ○ Physical training ○ Training in report writing ○ Training in testifying § Direct exam (questions from prosecutor) ○ How to conduct high speed chases ○ When not to conduct a high speed chase ○ Physical training ○ Training in report writing ○ Training in testifying § Direct exam (questions from prosecutor) § Cross exam (questions from defendant) § Goal of cross examination is that no matter what defendant asks you, your answer loops back to your original story ○ Defense attorney tactics ○ Firearms training § How to shoot § When to shoot § How to disarm a suspect • Different types of policing strategies/styles Policing style use reflects communities values ○ ○ Police community relations change over time ○ Zero tolerance policing (legalistic policing) § Strict enforcement of the law for minor violations § If you see crime, you crack down no matter what ○ Community policing § Police are assigned to a neighborhood § They go to work and work in that same neighborhood § They get to know the people in the neighborhood § More positive relations § Focuses on crime prevention rather than crime fighting § Gets to choose rather to charge or not to charge people (this effects quality of life) ○ Broken windows policing § Encourage the repair of rundown buildings § Problem oriented § Proactive policing • Some police departments are more professional than others ○ Quality of applicants ○ Police administration and leadership ○ Standard operating procedures ○ Is the department accredited? • Homeland Security ○ Terrorism: organized use of violence to promote political or social change ○ Difference between criminal justice and social justice and there are some people who are not criminals at heart but will commit crime to promote social change Domestic terrorism: acts of terror in the US by groups that do not have ○ ties to foreign organizations ○ Terrorism: organized use of violence to promote political or social change ○ Difference between criminal justice and social justice and there are some people who are not criminals at heart but will commit crime to promote social change ○ Domestic terrorism: acts of terror in the US by groups that do not have ties to foreign organizations § Militias and Extremists groups § OKC Bombing § Single issue extremists groups □ Anti abortion protesters that use violence ○ Ecoterrorism groups § Animal liberation front § Animal testing • FBI is responsible for domestic intelligence ○ International terrorism § CIA is responsible and so is foreign intelligence § After 9/11, we developed the counter terrorism task force □ We made it a law that states, local and feds, have to share intelligence § Ways to deal with terrorism □ More secure borders ○ Rendition and torture § Where the US kidnaps the person to get info out of them § Transfer them to another country where they have different civil rights § The other country tortures them and gets the info from the person § Habius corpus: being held illegally
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