week 1 lecture notes- History of Crimes/ Individual Rights/ Purpose of Law
week 1 lecture notes- History of Crimes/ Individual Rights/ Purpose of Law CRJU 101 003
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CRJU 323 001
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This 4 page Class Notes was uploaded by Makenzie Stahura on Sunday September 6, 2015. The Class Notes belongs to CRJU 101 003 at University of South Carolina taught by Therese Lee Clement in Fall 2015. Since its upload, it has received 63 views. For similar materials see The American Criminal Justice System in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 09/06/15
August 25 2015 Laws are rules Social norms society rules to keep people in check Family schools gt informal religion US has formal system for rules because of diversity within the population values applies to everyone formal sanctions jail etc Two General Categories substantiative criminal law very understood do393 and don39t393 procedural criminal law very technical rules against crimes once suspected of committing a crime what do they put you through to find info count crime uniform crime report FBI book tells o of crimes across the country CRIME CLOCK This gets the information from law enforcement agencies stealing is the biggest crime Campus Crime Report govt funded universities have to have this available statistics included for all crimes statutes laws passed by legislature common law ancient english case law unwritten legal precedent applies to all cases Laws evolvechange over time based on facts of case case law law comes from an actual case about a particular person holding of the case what the judge decides based on the facts present day case law judge decides and changes laws for future cases constitutions antimajoritarian document purpose protect the people from the government protected against the government based on established principles laws are precedent until overturned stare decisis precedent Balanced individual rights with rights of the govt govt needs enough power but also trying to respect and keep the freedom of the people HUGE distrust of the govt gt wrote Bill of Rights freedom of speech free from unreasonable searches amp seizures rights to trial by jury convicted by peers 5 self incrimination N L Sometimes rights protect guilty people but also innocent people People choose fear over freedom Government has Power to suspend freedom EX protect common welfare take someone with Tuberculosis and put them in a hospital EX ensure order to society stop signs EX protect citizens from another criminal laws Delaware has a law where if you are a convicted seX offender you do your time and then a Y is put on your ID ln WW2 American Japanese were put in camps from 49 years because Americans feared all Japanese were traitors and took the freedom of the Japanese Americans August 27 2015 two examples of different types of social reform with and without breaking the law W law all males of 18 went to post office to sign up for the draft They get a certain number and every week would check to paper to see if they saw their number college students and young people revolted riots on white campuses gt burning bUildings law enforcement gets more money to handle this situation students wanted change MLK Civil Rights theory civil disobedience trying to change rules of society without violence mostly black communities staged sitins white people law enforcement was rude terrible and it was broadcasted on television In both situations everyone wonders why law enforcement can t control the people social justice does not equal criminal justice fighting criminally against unjust laws quotwar on crimequot phrase became political issue crime has decreased the past 30 years everything slowed after 91101 then the law enforcement distrusted again Terrorism organized use of violence to create political or social change When people give up their own rights to feel safe they re giving up their freedoms Two theories criminal justice system should work 1 crime control theory focus on controlling crime fighting crime protecting victims rights efficient justice proprosecution conservative approach 2 Due process model protect innocent persons rights innocent suspects fair cases comes from Bill of Rights gets treated fairly by having rights to be protected from govt pro defense liberal theory Criminal Behavior 90 male convicts criminology studies the cause of crime Deviant breaching the social norm criminal behavior is considered being deviant but being deviant doesn39t equal criminal behavior 1 Differential Association theory crime is a learned behavior then you can be taught better behavior most accepted theory 2 Classical theory choice to commit a crime criminals make rational choice based on painpleasure principle freewill rational choice theory 3 Psychological Theory criminal behavior is the expression of their psychological state therefore they act out 4 Biological Theory caused by inheritance not freewill quotborn this wayquot biology does not affect criminal behavior in any way 5 Phrenology studying bumps on persons skull to determine character sociolooical crimes social determinism society causes criminal behavior social disorganization bad environment unemployment violence in media schools throw money at society to fix housing amp employment people With money don t always comprehend the hardships People provide for themselves but if we helped others in need crime would most likely go down Steps in a Criminal Case 1There has to be a law no crime without a law that has been broken law must be on the books at the time of the act other wise crime did not violate law 2 Act that violates law crime mala se bad crimes that are understood as evil acts EX murder kidnapping theft malum IOFOhibitumi crimes that We don t want you to do nothing evil EX speeding 3 investigation proof that the act was done find a suspect then make a decision to arrest Juveniles usually go through arrest programs instead of going to jail limits on power to arrest must be probable cause facts on crimes committed amp facts a person is involved not mere suspicion zlaw enforcement must document the circumstances of arrest must be articulate write down everything important zlaw enforcement must take all evidence into custody lawfully Terry v Ohio background case in the early 60 s there were 3 guys walking up and down the main street stopping in front of certain windows and looking in they did this multiple times looking in the same windows 80 they cop watching comes to investigate and talk to them he pats the men down to make sure he keeps himself safe and finds one man with a gun Cop takes the gun and charges him with unlawful possession of a weapon Terry s lawyer said he had no right to search the client but cop had reasonable suspicion and was allowed to search Terry Court decided evidence was taken properly reasonable suspicion facts that crime MAY happen probable cause crime HAS ALREADY happened arrest should be known by the suspect once arrested suspect is taken to jail and booked in for up to 48 hours without a charge