Chapter 1 Reading Notes
Chapter 1 Reading Notes 75073 - CRIM 100 - 003
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75073 - CRIM 100 - 003
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This 17 page Class Notes was uploaded by Cailyn Notetaker on Saturday September 5, 2015. The Class Notes belongs to 75073 - CRIM 100 - 003 at George Mason University taught by Murray J Farr (P) in Fall 2015. Since its upload, it has received 87 views. For similar materials see Introduct to Criminal Justice in Criminology and Criminal Justice at George Mason University.
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Date Created: 09/05/15
CRIM 100 week 1 reading notes 09052015 Chapter 1 0 Crime Conduct in violation of the criminal laws of a state federal government or local jurisdiction with no legally acceptable justicfication A Brief History of Crime in America Crime waves come and go o 18501880 crime epidemic related to social disruption caused by immigration and Civil War o Crime associated with Prohibition o Crime rates remain stable right after WW2 until 19605 o 1960519705 concern for rights of ethnic and racial minorities women physically disabled and many other groups o 19805 civil rights movement had an effect on all areas of life including criminal justice system o traditional crimes murder rape assault increased during 19705 and 805 o mid 19805 dramatic increase in the sale and use of illicit drugs Reagan creates quotdrug czarquot to coordinate war on drugs 0 George HW Bush expands the governments antidrug efforts o 19905 news media creates idea that crime in US was out of hand 0 1995 bombing of federal building in Oklahoma 1999 Columbine High School massacre o September 11 2001 attacks on NYC and Washington DC causes law enforcement and security agencies to take a proactive posture in the ght against terrorism Goba effort needed to control crime both at home and abroad 0 20022003 Congress stiffened penalties for corrupt business executives who falsify company s nancial reports oOxley Act deters corporate fraud and holds business executives accountable for their actions o Today white collar crime remains focus for federal prosecutors o Current era characterized with low and declining traditional crimes but high numbers of mass shootings innercity murders and new forms of criminal activity Emphasis on individual rights associated with increase in reported criminal activity 0 Individual rights rights guaranteed to all American citizens by the Constitution These rights are important to criminal defendants facing formal processing by the criminal justice system 0 Combination of freedoms and hostilities of the socially and economically deprived worked to produce social disorganization which increased criminal activity 0 Social disorganization a condition when a group is faced with social change con ict maladaptiveness and lack of consensus The Theme of this Book o Public perspectives in late 20th century shifted from seeing criminal as unfortunate victim of poor social and personal circumstances to seeing them as a dangerous social predator who violates rights and privileges of citizens oTension between individual right and social responsibility forms basis for policymaking activity in the criminal justice arena o Need for balance between oFreedoms and privileges of our nations citizens and the respect given the rights of individuals faced with criminal prosecution against oThe valid interests that society has in preventing future crimes public safety and in reducing the harm caused by criminal activity o Most people who consider the criminal justice system have two viewpoints olndividual rights advocates seek to protect personal freedoms within the process of criminal justice oPublicorder advocate Under certain circumstances involving a criminal threat to public safety the interests of society should take place over individual rights USocial order Society is integrated has consensus smooth functioning lack of con ict Criminal justice and Basic Fairness ojustice principle of fairness moral equity o Social Justiceembraces all aspects of civilized life and that is linked to fundamental notions of fairness and to cultural beliefs about right and wrong o Civil Justice fairness in relationships between citizens government agencies and business in private matters o Criminal Justiceaspects of social justice that concern violations of the criminal laws o Criminal justice is quottruth in actionquot through process of administration ofjustice Administration ofjustice the performance of detection apprehension detention pretrial release posttrial release prosecution adjudication correctional supervision or rehabilitation of accused persons or criminal offenders American Criminal justice System and Functions o Criminal justice system the aggregate of all operating and administrative or technical support agencies that perform criminal justice functions o Consensus Model the system s components work together harmoniously to achieve the social product of justice oCriticized for implying greater leve lof organization and cooperation among the various agencies of justice than actually exists Con icts among agencies don t share immediate goals and the system can move in different directions depending on political currents informal arrangements and personal discretion o Con ict Model the system s components function primarily to serve their own interests justice is more of a product of con icts among agencies within the system 0 Goals of agencies con ict Pressures for success promotion and general accountability hinder the efforts of the system oLeads to criminal justice nonsystem CostEfficient Criminal justice o Agencies are looking for ways to offer quality services at lower costs o Emphasis on efficient use of resources has combined with calls for greater accountability and transparency in government spending o Crimesolutionsgov online resource to inform practitioners and policymakers about what works in criminal justice and crime victim services regarding budgets and spending o Sustainable justice criminal laws and criminal justice institutions policies and practices that achieve justice in the present without compromising the ability of future generations to have the benefits of a just society American Criminal justice The Process 0 Investigation O O O O O 0 Evidence is gathered and followup investigations attempt to act out the sequence of events leading up to and including the criminal event Start to identify suspects Warrant a document issued by a judicial of cer directing a law enforcement of cer to perform a speci ed act and affording the of cer protection from damages if he or she performs it Arrest Person is taken into custody limiting the arrestee s freedom Defendants are usually advised of their Miranda rights Miranda decisions requires only that police advise a person of their rights prior to questioning An arrest without questioning doesn t require Miranda rights Booking Administrative procedure Record of the events leading up to and including the arrest are created DNA evidence may be collected Suspects often advised of their rights again First Appearance judge tells them of the charges against them advise them of their rights may provide the opportunity for bail Bail money or property pledged to the court or deposited with the court to release a person from legal custody USuspects not given the opportunity for bail because their crimes are very serious or they don t have the nancial resources Preliminary Hearing Establish whether there is suf cient evidence against a person to continue the justice process judge determines if there is probable cause UProbable cause a set of facts and evidence that would induce a person to believe that a crime has been committed by a speci ed person Prosecutor has the chance to test the strength of evidence Information or Indictment In some states the prosecutor can continue the case by ling an information with the court nlnformation written accusation submitted to a court by a prosecutor claiming that a certain person has committed a speci ed offense Other states require an indictment be returned by a grand jury nlndictment written accusation submitted to the court by a grand jury claiming that a certain person has committed a speci ed offense usually a felony Grand jury hears evidence presented and decides whether the case should go to trial a Grand jury system criticized because it is one sided a Defense has no chance to present evidence a Less bound by speci c rules than a trial jury a Personal ignorance and subcultural biases are more likely in grand jury hearings n Refusal to indict can save system time and money 0 Arraignment Accuse stands before a judge and hears information against him Noti ed of their rights Asked to enter a plea n Guilty not guilty or no contest 0 Adjudication Trial is held or defendant enters a guilty plea tria jury hears evidence between prosecutors and defense judge ensures fairness of the proceedings procedures governing the submission of evidence are controlled by procedural law and precedent a procedural law speci es type of evidence that can be submitted and what a jury is allowed to hear a precedent understandings built up through common usage and to decision rendered by courts in previous cases bench trial in some states less serious offenses can have trias before just a judge if defendants waive their right to a trial by jury o Sentencing 0 Judge determines punishment Sentencing hearing sometimes held so attorneys for both sides can present information to in uence the judge s decision a Consecutive sentence one of two or more sentences imposed at the same time and served in sequence with the other sentence a Concurrent sentence one of two or more sentences imposed at the same time and served at the same time 0 Many convictions are appealed a Defendant claims that the rules of procedure have been violated or that the defendant wasn t noti ed of his rights 0 Corrections Begins after sentencing Involves a variety of sentences that can be imposed on a defendant 0 Reentry Not everyone goes to prison 0 Some offenders go to prison then have their sentences suspended and get a probationary term imposed Offenders who have served a portion of their prison sentence can be freed on parole Due Process and Individual Rights o Due process underlies the Bill of Rights and is speci cally guaranteed by the 5t 6t and 14th amendments quotNo person shall bedeprived of life liberty or property without due process of lawquot The Role of the Courts in De ning Rights o Rights are open to interpretation o Many modern rights wouldn t exist in practice if the Supreme Court hadn t recognized them in cases brought before it o US Supreme Court is very powerful Decisions carry as much weigh as legislative action quotjudgemade lawquot describes judicial precedents that affect the process of justice The Ultimate Goal Crime Control through Due Process o Crimecontrol model criminal justice perspective that emphasizes the ef cient arrest and conviction of criminal offenders o Due process modelcriminal justice perspective that emphasizes individual rights at all stages of the justice system o Social control use of sanctions and rewards within a group to in uence the behavior of individual members of that group o Law enforcement infused with recognition of individual rights provides framework for understanding American criminal justice system EvidenceBased Practice in Criminal justice o Evidencebased practice crime ghting strategies that have been scienti cally tested and are based on social science research o Scienti c research has become major element in the increasing professionalism of Criminal justice The Start of Academic Criminal justice o Began in late 19205 as an academic discipline o Early criminal justice education was practice oriented o Focused on applying general management principles to the administration of agencies o By 19605 police training became a part of criminal justice educa on Applied techniques of social scienti c research criminology sociology psychology political science 0 Criminal justice is being revitalized by an evidence based approach to its subject matter 0 Social science research forms basis for new programs Multiculturalism and Diversity in Criminal justice o Multiculturalism society of a multitude of different cultures norms values and routine behaviors oThe diversity has a signi cant impact of the justice system 0 Present challenges to the everyday practice of criminal justice in America Crim 100 Chapter 2 Reading Notes 09072015 THE CRIME PICTURE Statistical overview of crime in contemporary America by examining information on reported and discovered crimes Identi es special categories of crime that are of particular interest today Crime Data and Social Policy 0 Crime statistics provide an overview of criminal activity OProfessionals use crime data to analyze and evaluate existing programs design new crimecontrol initiatives develop budgets and plan new crime control legislation OSocial events like crime are hard to quantify 0Public opinion on crime is not always realistic Onews media in uences public perception The Collection of Crime Data 0 Crime statistics come from two major sources OUniform Crime Reporting Program Statistical reporting program by FBI s Criminal Justice Information Services CJIS Provides annual summary of incidence and rate of reported crimes in the US ONational Crime Victimization Survey Annual survey of selected US households run by Bureau ofJustice Statistics to determine extent of victimization in the US OThird source comes from selfreports crime measures based on surveys that ask respondents to reveal illegal activity they ve been involved in l Offenders reluctant to accurately report ongoing illegal activity makes it unreliable OSourcebook of Criminal Justice Statistics annual collection of national information on crime and criminal justice system ONational Institute ofJustice Office ofJuvenile Justice and Delinquency prevention Federal Justice Statistics Resource Center and National Victim s Resource Center provide more information on crime patterns Development of the UCR Program 0 In 1930 FBI built on earlier efforts by IACP to create national system of uniform crime statistics OIACP recommended use of readily available so information by citizens crime reports to police became basis of FBI s plan OFBI developed standard de nitions of offenses and terminologies used in program OUniform Crime Reporting Handbook 0 Manual of Law Enforcement Records OOriginal UCR Program designed to permit comparisons over time through crime index summed up seven major offenses murder forcible rape robbery aggravated assault burglary larcenytheft and motor vehicle theft and expressed the result as crime rate based on population OCrime index didn t provide clear picture of criminality due to skewedness by the offense with the highest number of reports 0june 2014 leS Advisory Policy board discontinued crime index OToday s UCRNIBRS Program categories tend to mimic de nitions of criminal behavior but are not legal classi cations The National IncidentBased Reporting Svstem NIBRS 0 1988 FBl s UCR program created National IncidentBased Reporting System NIBRS incident based reporting system that collects data on every crime occurrence Replacing data summary done by UCR OTraditional UCR OMonthly aggregate crime counts ORecords one offense per incident determined by hierarchy rule Doesn t distinguish between attempted and completed crimes Collects assault in 5 categories Collects weapon info for murder robbery assault Provides counts on arrests for 8 major crimes and 21 other offenses OEnhanced UCRNIBRS Consists of individual incident records for 8 major crimes and 38 other offenses Records each offense occurring in an incident Distinguishes between attempted and completed crimes Restructures de nition of assault Collects weapon info for all violent offenses O OProvides details on arrests for 8 major crimes and 40 other offenses 0Goals of innovations under NIBRS are to enhance quality quantity and timeliness of crimedata collection and to improve methodology for compiling analyzing and publishing data Historical Trends OMost UCRNIBRS info is reported as a rate of crime ONumber of crimes per some unit of population OAllows meaningful comparison over areas and across time OData is based purely on averages and doesn t consider life circumstances and other confounding variables OMajor shifts in crime rates O19405 crime decreased due to young men leaving for military during WW2 0 19605 and 19905 dramatic increase in crime due to men coming back from WW2 causing baby boom and in 1960 the baby boomers were teenagers prime crime age Modi ed reporting requirements made it less stressful for victims to report crimes quotNormlessquot quality of life in 19605 contributed to raise of crime rates O19601980 crime rates rose due to increase in drug related criminal activity OCrime rates peaked in early 19905 OSigni cant decline between 1991 and 2012 ODeclines caused by I Safe Streets Act of 1968 and USA PATRIOT Act of 2001 I Stronger more prepared criminal justice agencies I Innovative police programs I 1984 Federal Victims of Crime Act I 1994 Violence Against Women Act I Growth in use of incarceration due to changed in sentencing law practice I 19705 war on drugs l advances in forensic science and enforcement technology OToday shifts in crime patters stray from quottraditionalquot crimes to innovative forms of law violation using technology 0Law enforcement of cials feel judged by their successes in lowering crime rates OManipulation of crime reports becoming part of police culture UCRNIBRS in Transition 0Programs are going through transitional phase as FBI integrates more NIBRS data into its official summaries ONIBRS gathers more kinds of data and de nitions used for criminal activity differ from what they were in traditional UCR program OViolent crimes summary offense category including murder rape robbery and aggravated assault OProperty crimessummary offense category including burglary larcenytheft motor vehicle theft and arson OClearance rate proportion of reported crimes that have been solved Ojudged mostly on basis of arrests and don t involve judicial disposition Part 1 Offenses 0Part 1 Offenses offense group used to report murder rape robbery aggravated assault burglary larcenytheft motor vehicle theft and arson 0Murderunlawful killing of a human being OUCRNIBRS stats on murder apply to the yearly incidence of all willful and unlawful homicides in US including nonnegligent manslaughter reported to or discovered by police Doesn t include suicides justi able homicides death caused by negligence and murder attempts Smallest numerical category in Part 1 Offenses Murder rates peak in warmest months Age is no barrier to murder Firearms are used most commonly to commit murder Largest category of killers are acquaintances Arguments cause most murders OSprees killings at two or more locations with almost no break between murders OMass Murder killing four or more victims at one location within one event OSerial Murder involves killing of several victims in three or more speci c events OUnborn Victims of Violence Act federal crime to kill or attempt to kill a fetus at any stage of development ORape unlawful sexual intercourse achieved through force and without consent OForcible rapebodiy knowledge of a person forcibly and against his or her will Penetration with any body part or object without consent of victim OSometimes caed sexual assault or aggravated sexual assault OLeast reported of all violent crimes OOften a planned violent crime serving offenders need for power rather than sexual grati cation OStatutory rape rape usually involving nonforcible sexual intercourse with a minor ONot included in rape statistics ORape is frequently committed by a person known to the victim ODate rape unlawful forced sexual intercourse that occurs within the context of a dating relationship OPower Thesis heterosexual rape is the rapist s desire to keep women in their place and to preserve gender inequality through violence ORobbery unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence Personal crime involving facetoface confrontation between a victim and a perpetrator OIndividuals are most common targets OUCRNIBRS scores the event as one robbery even if multiple victims were robbed during event OAssaults unlawful attempted or completed attacks by one person upon another OSimple pushing and shoving OAggravated assault intentional in icting or attempted or threatened in icting of serious injury upon the person of another OBurglary unlawful entry of a structure to commit a felony or theft OPrimarily a property crime interested in nancial gain O3 classi cations Iforcible entry unlawful entry where no force is used attempted forcible entry Ocearance rate for burglary is low Ousually don t know their victims OLarcenyTheft unlawful taking or attempted taking of property from the possession or constructive possession of another OSimple larceny and grand larceny categorize crime based on dollar value of what is stolen OThefts from motor vehicles shoplifting thefts from buildings thefts of motor vehicle parts and accessories bicycle thefts thefts from coinoperated machines purse snatching pocket picking Oldentity theft imposter obtains key information such as social security and drivers license to obtain credit merchandise and services in the name of the victim OFastestgrowing type of crime in US OBecame a federal crime in 1998 through Identity Theft and Assumption Deterrence Act O2004 Identity Theft Penalty Enhancement Act added two years to federal prison sentences for criminals convicted of using stolen credit card numbers and other personal info to commit crimes 0Motor Vehicle Theft theft of attempted theft of a motor vehicle OMost occurrences are reported OArson willful or malicious burning or attempt to burn a dwelling house public building motor vehicle or aircraft personal property of another etc OData only includes res that are determined to have been willfully or maliciously set OMany law enforcement agencies don t report arson offenses to FBI regularly OSpecial Arson Program 1982 amp National Fire Data Center reporting system designed to provide data to supplement yearly UCR arson tabulations Part 2 Offenses 0Part 2 offenses offense group used to report arrests for less serious offenses OStatistics on part 2 offenses are for recorded arrests not reports to police OPart 2 arrest is counted each time a person is taken into custody The National Crime Victimization Survey 0Based on victim selfreports 0Designed to estimate occurrence of all crimes reported or not 0Designed to uncover dark gure of crime crime that isn t reported to police and remains unknown to officials OChanged way criminologists thought about crime in US OSelf reports showed crimes are more prevalent that UCR stats showed ONCVS estimates proportion of each crime type reported and summarizes the reasons for why victims didn t report them ODoesn t fully encompass shifting nature of criminal activity in US OVictim self reports are more accurate depiction of criminal incidents Special Categories of Crime 0Crime typology classi cation of crimes along a particular dimension like legal categories offender motivation victim behavior or characteristic of individual offenders ONo one typology captures all of the nuances of criminal offending Crime against Women 0 Women are less victimized than men in all categories of crime other than rape ODate rape incest spousal abuse stalking and exploitation of women through prostitution and pornography are major issues in US today 0 Stalking repeated harassing and threatening behavior by one individual against another Planned out or carried out in secret 0 Family Violence Prevention and Services Act federal help for battered women s shelters additional funds for prosecutors and courts to develop spousal abuse units 0 Violent Crime Control and Law Enforcement Act 1994Violence against Women Act lead to major shift in our national response to domestic violence stalking and sexual assault 0 Interstate stalking law 1996 addressed stalking and cyberstalking as a federal offense Crime against the Elderly Criminal victimization seems to decline with age Elderly experience lowest rate of victimization Less likely to try to protect themselves when victims Criminal physical abuse of elderly is either domestic or institutional 0 Domestic occurs at the hands of caregivers who are related to their victims 0 Institutional occurs in residential settings like retirement centers or hospitals More often targeted by con artists Crime against elderly will likely undergo a signi cant increase as baby boomers enter retirement years Hate Crime Hate Crimes Statistic Act mandates a statistical tally of hate crimes criminal offense committed against a person property or society that is motivated by offender s bias against a race religion disability or sexual orientation After 911 dramatic shift in hate crimes Decline in crimes against race and increase in crimes against religion or ethnicity Violent Crime Control and Law Enforcement Act of 1994 Created new category for crimes motivated by gender Mandated that crimes motivated by biases against people with disabilities be considered hate crimes Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act 2010 expanded hate crimes to violent crimes against sexual orientation gender identity and hate crimes committed by and against juveniles Hate crimes are sometimes called bias crimes Corporate and WhiteCollar Crime Mortgage fraud federal crime involving fast or misleading statements about one s identity personal income assets or debts during mortgage application process Three types of mortgage fraud 0 Fraud for pro t collect cash with no interest in owning the property against which money is being borrowed 0 Fraud for housing application fraud legitimate homebuyers fake documents in order to appear eligible for a loan that they wouldn t get otherwise 0 Third type involves overestimating property s value or submitting a false appraisal 0 Corporations can be treated as separate legal entities and can be convicted of violations of the criminal law under identi cation doctrine 0 Corporate crime violation of criminal laws by corporate entity or by its executives employees or agents acting on behalf of or for the bene t of the company or corporation 0 Whitecollar crime violations of criminal law committed by a person of high social status in the course of their occupation 0 SarbanesOxley Act created tough provisions designed to punish corporate and accounting fraud and to protect the interests of workers and shareholders Increased penalties for obstructing justice and for shredding documents that could aid criminal inves ga ons Organized Crime 0 Organized crime unlawful activities of members of a highly organized disciplined association engaged in supplying illegal goods or services 0 Transnational organized crime unlawful activity undertaken and supported by organized criminal groups operating across national boundades 0 Crime doesn t respect national boundaries 0 Crime is global Gun Crime 0 Each year approximately 1 million serious crimes involve use of a handgun 0 Brady Handgun Violence Prevention Act 5 day waiting period before purchase of a handgun national instant background check system that rearms dealers must use before selling a handgun mm 0 Drugrelated crime continues to rise even when other crimes decrease 0 There is a link between drug abuse to other serious crimes 0 Criminal justice system costs associated with handling of drug offenders have increased Cybercrime 0 Cybercrime any crime perpetrated through the use of computer technology 0 Crimes committed through the internet isn t new 0 Builds on possibilities for criminal activity that new technologies make possible 0 Operation Sun ower lead to identi cation of 123 victims of child exploitation through the internet Terrorism 0 After 911 attacks terrorism and its prevention became primary concern for American justice system 0 Homeland Security Act 2002 created department of Homeland Security and gave it s director a spot in the cabinet
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