Criminal Justice Notes for the week of October 3-7
Criminal Justice Notes for the week of October 3-7 CJ 100
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This 6 page Class Notes was uploaded by Kalee Grace Jones on Saturday October 8, 2016. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring2015. Since its upload, it has received 24 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 10/08/16
Criminal Justice Notes for the week of October 3-7 Visible Crimes • “street crimes” • Majority of law enforcement resources • Three categories 1. Violent Crimes 2. Property Crimes 3. Public Order Crimes • White-Collar Crimes are NOT an example of visible crimes. They are invisible because they happen behind the scenes by high class individuals/companies Violent Crimes • Physical injury or death is a result • Most of these offenses are committed by people who know their victim! • 75% of violent crimes are committed by an acquaintance 1. Murder and Nonnegligent (Voluntary) Manslaughter o Willful killing of one human being by another (intent is present) st • 1 Degree Murder-premeditated intentional killings, felony murder (commission of a violent felony) ND • 2 Degree Murder-unplanned death of a victim, was a distinct possibility-reckless action (Ex. Drunk driving or texting while driving) • Voluntary Manslaughter-Intentional killing in which the offender had no prior intent (not premeditated) to kill (“heat of passion.”) • Planning does not have to be planned for hours, days, or even years. It can be planned on 30 seconds! st • Felony Murder- still can be charged with 1 degree murder even if not premeditated. You had no intent on killing anyone, but out did by accident. YOU CAN STILL BE CHARGED WITH FIRST DEGREE MURDER • Most serious of charges • Capitol case • Can bring the death penalty to the table • Some say it ruled the death penalty unconstitutional • Second degree murder is often blurred with voluntary manslaughter o Distinctly reckless o So drunk you getting car and drive and kill someone, you can be changed with second degree murder. • Voluntary Manslaughter- if you walk in and see someone in bed with your significant other, anger takes over you and you kill them. “heat of passion” or “anger in the moment” • Involuntary Manslaughter- In mall parking lot and accidentally run over someone o Texting and driving is distinctly reckless. (Second degree murder) o Negligence o Usually 45 years maximum in jail, sometimes no time. o Prosecutors can charge you with whatever they want to charge you with. • Self-Defense • Telling someone else to commit the crime can be considered premeditated. 2. Forcible Rape • Used to be “Carnal knowledge of a female forcibly and against her will.” 2 • ***Updated Definition: FBI has changed the definition to include males and not just to include just forcible (unconscious, physically, or mentally disabled, drugs/alcohol) 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 inflicting severe or aggravated bodily injury. o Assault-Threat, fear, words o Battery-Actual use of force or violence • Aggravated-weapon was used (can be fist, hand, foot, or any body part as well! Property Crimes • The object of the theft-type offenses is the taking of money or property, but there is no force of threat of force against the victim 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 not have occurred. • NOT THE SAME AS ROBBERY!!!! • Do not have to break anything if you are unlawfully there it is burglary 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 stalling of any 3 property or article that is not taken by force and violence or by fraud. • DOES NOT APPLY TO CARS 3. Motor-Vehicle Theft 4. 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. Embezzlement • The Fraudulent conversion of another’s property by a person who is in a position of trust (such as an agent or employee) • Examples: accounting embezzlement Tax Evasion • Perpetrator attempts to avoid paying taxes they would otherwise owe. • Ranges from filing taxes forms with false information to illegally transferring property so as to avoid tax obligation. Money Laundering • Criminal act of filtering illegally obtained (“dirty”) money through many transactions designed to make the money appear legitimate (“clean”). Bankruptcy Fraud • Concealing assets to avoid having to forfeit them. • Intentionally filing false or incomplete forms • Example: petition mills • Petition Mills - Scams that say they help pay service debt all you have to do is pay a low amount (such as $50) each month and they are not actually helping you at all. Insurance fraud • Refers to any duplicitous act performed with the intent to obtain an improper payment from an insurer. 4 • Duplicitous-Two Sided • Bugatti Takes a swim is an example of HARD FRAUD-Trying to get insurance money and did not know there was a video circulating on the internet • Hard Fraud- deliberate destruction • Soft Fraud-Exaggeration • Life Insurance Fraud Counterfeiting • Someone copies an item without having been authorized to do so and then passes the copy off for the genuine or original item. • Example: Money, designer clothes, handbags, watches, etc. • China Town in New York City is the home of counterfeit clothing. • Can involve any type of product Insider Trading • Trading company’s stocks or other securities by individuals with access to confidential or non-public information about the company • This happens All. The. Time. • Martha Stewart went to prison for being involved with insider trading. Bribery • Corrupt solicitation, acceptance, or transfer of value in exchange for official action. 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 fraud. Phone and Telemarketing Fraud 5 • 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 are overpaid. • “Phony” fund-raising-targets tragedies and natural disasters 6
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