SOCIOLOGY OF CRIMINAL JUSTICE
SOCIOLOGY OF CRIMINAL JUSTICE SOC 325L
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Date Created: 09/06/15
SociologyCriminal Justice Warrantless Searches February 22 Incident to a lawful arrest a Legality of arrest b scope Search amp Seizure a When it comes to whether or not a search is legal or not you have to have the approval ofa judge b Starting point search conducted with a warrant Terry v Ohio a Opened a wide door for law enforcement b Facts of case undercover cop observing a group in downtown Cleveland notices they were engaged in suspicion behavior they were casing a store looking in windows etc No law has been broken you have a suspicion from the perspective of the cop Terry search random stop and frisk due to suspicions limited search but its differentiated from other searches because there is no presumption that a crime has been committed Supreme court took this case and outlined the conditions for which a terry search is lawfully i Conditions 1 Cop observes suspicious behavior a Problem suspicious behavior is in the eye of the beholder 2 Presumption that individuals involved could be dangerous or armed 3 Identification of the person as a cop 4 Engaged the individual in a field of interrogation a Ask they what they re doing give them a chance to explain if they give a valid explanation then its shut down 9 if cop is still suspicious then under Terry V Ohio he can engage in a Terry Search 5 After the search this should end if the cop finds a weapon its confiscated ii Basic stegs Involved 1 Suspicion Presumption armed amp dangerous ID as cop Field Interrogation FTPquot Pat down iii Conclusions Terry searches are a use of public protection because no crime has been committed but this can prevent a crime from being committed c 1933 Minn V Dickerson Plain feel Expanded Terry v Ohio Under terry you can t use any evidence So if you find a weapon or other evidence it was out this case changed that iv Most common form of searches engaged in d Carroll v Us vehicle searches i Steps Involved 1 PC required 2 Broad scope ii Carroll Doctrine 1 Permits a lawful warrantess search ofa vehicle under 1 condition a Probable cause b fa cop has reason to believe a crime has been committed and the vehicle has evidence that s all they need to search a car without a warrant iii Delaware v prouse 1 Cop admitted he was bored and conducted a Carroll search and got lucky 2 The issue was he had no probably cause iv License sobriety checkpoints 1 Ensure the drivers are properly licensed to drive 2 This is a way to gain access to vehicles they really don t care about license amp registration 3 Are these legal a Not really because no probably cause b The way the system gets around this is by looking at the driver and determining if they are sober i This would protect public safety so its okay e Consent i Cops can search anyone anytime as long as they have consent 1 2 conditions a Consent is given voluntarily its not coerced b Individual giving the consent has the ability to do so ii By saying no you re telling the cop you have something to hide f g h iii When someone says no and the cop threatens them the consent was coerced iv Ability 1 Confidence level 2 In possession of the item to even give consent to search it Concept of plain view i Harris v US 1 Case that established the plain view 2 Cops are permitted to conduct a lawful warrantless search of essentially anything that is in plain view 3 Anything that someone is dumb enough to leave out is liable to be searched 4 Conditions a Search was inadvertent b Apparent that the evidence in plain view is related to a crime c Cop is lawfully permitted to be at the place when the plain view search was conducted d When you get pulled over you are victim to a plain view search i Cops look in back seat and have flash lights at night e Intrusion is groper f Inadvertent Fresh pursuit Immediately aggarent evidence i If a cop approaches someone and the person takes off running in the opposite direction 1 Shows they don t want to talk to the cop 2 And are most likely hiding something ii The logic is if someone is fleeing the police under the fleeing felony rule a cop can conduct searches with limitations iii Basic intent public safety iv Fresh pursuit can allow the cop to follow the individual into a building Conclusions i These are examples under which law enforcement can engage in warrantless searches ii 911 brought about concerns regarding changes made to these iii Congress passed USA Patriot Act 1 Intended to allow search and seizure of terrorists 2 Provision that warrantless searches can be conducted when investigating terrorists 3 Sneak and search 4 Under the patriot act 5 The concern is the blurring the lines between terrorism and crime a Financial crime i Which may or may not be terrorism but its covered under the patriot act so kind of a grey area IV Exclusionary Rule 0 Judge made rule b In more recent years there has been a backing off of this rule because ofthe good faith 0 Map was modified amp exclusionary rule was modified by providing a remedy to situations where it didn t appear that justice prevailed due to an unlawful search and seizure Q Hasn t been eliminated because the belief that police misconduct needs to be monitored February 24 2011 I Custodial Interrogation a Requires 2 things i Examination ii Interrogation b Definition questioning initiated by law enforcement officer after aperson has been taken into custody or otherwise deprieved of his freedom in a significant way c Refers to a status or situation where an individual is at least momentarily not permitted to leave 53 Deals withthe5thamedment and the right to self incrimination 5quot The problem i There s nothing in the constitution that says I cant confess f 5th amendment i Amendment protection from self incrimination g 6th amendment i Amendment right to counsel II Getting confessions a Confessions are permitted as long as they are voluntary b The big question is whether or not the confessions IS voluntary i This is an incredibly grey area c Cases i Brown Vs Mississippi 1 First significant case about coerced confession 2 Supreme court was shocked by the way confessions were obtained 3 The defendants were tortured 4 Supreme court overturned the decision 5 This led to one end of the spectrum a Out right horrific physical torture 6 A confession based on torture is unlawful and coercion and not permitted ii Where do we go from here d Bad cases vs worse cases i All crimes are bad ii But in jails there is a hierarchy and abusing children or elderly is considered the worst compared to murdering someone e The case with the 2yr old baby i The husband that obviously killed the baby wont confess ii The cop interrogating him shoves him and yells at him to tell them what happened 1 After this he tells them what happens iii So is this a confession we can use or was it coerced because he shoved him iv The seriousness of the crime does not justify the tactics used to get the confession v Just because he s a baby killer doesn t mean you can use force to get him to confess vi The trial courts narrow down what is coercion f Cases Cont d i Escobedo vs Illinois 1964 1 E was suspect in a homicide brother in law E was taken into custody and interrogated for a long time and released Taken back into custody a couple days later and re interrogated This time he produced evidence that was in criminated repeatedly requested lawyer during interrogation lawyer was present in police station and asking to see him client I Understand the difference between prisons and jails o Jails I sentence shorter than 1 years I shorter term awaiting trailrun by counties determine crime or not while incarceratedpreadjudication I Class A Misdemeanors and below I Smaller Population higher turnover not necessarily safer o Prisons I sentence longer than 1 year I Class C Felonies and above I Incarceration institutionrun by the state and federal governments I Understand the difference between probation and parole o Probation I conditional release to the community under supervision I Probation is handed down by the judge at trial It may be in lieu of ail time or in combination with some jail time The judge will specify restrictions on the offender s activities during the probationary period I conditional release to the community under supervision early release from incarcerationprison I Parole is granted by a parole board a er the offender has served some or perhaps a lot of prison time The parole board may consider factors such as the offender s behavior in prison and level of rehabilitation and let him or her out early The parole board can also specify restrictions on the person s activities while on parole I Understand the difference between misdemeanors and felonies o Felony I Crime punishable by death or imprisonment in a federal or state prison 0 Misdemeanor I Crime punishable by up to 1000 ne and or a year imprisonment usually in a local jail I Understand how the US rate compares to other countries in terms of incarceration rates 0 US has the highest incarceration rates Russia follows China has the lowest 0 Why US leads Demographics Economy Political Policy differences and constitutional difference Punishment does not reduce crime I What distinguishes the US criminal Justice system from other CJ systems 0 Complexity 0 W Statutory authority to prosecute a case I Federal exclusive federal government has sole authority amp concurrent federal govt shares jurisdiction with state level 0 Types of crime the federal gov t controls 0 Commerce clause of constitution o Crossing state lines I Physical 0 Get in car and drive to diff state I Electronic 0 Any crime using Internet phone etc I Types of Jurisdiction 0 Exclusive iurisdiction federal gov t is the only gov t that can deal with the crime 0 Tax fraud 0 Commerce clause 0 Counterfeit o Treason o Concurrent iurisdiction federal and state gov t share jurisdiction 0 Variation by jurisdiction 0 Some tougher than others I Depending on how laws are written there can be variation in the application on the laws across venues o Williamson county carries out laws much stricter 0 Different laws governing things like sentencing 0 Different scal priorities 0 Discretion 0 At all stages of the criminal justice processing I There is very little in the CJ system that is a certain thing 0 Discretion amp Cops I Discretion starts on the street I Cops must decide if a crime has been committed 0 Two guys get in a ght a assault but it takes 4 hours to book them so cops can decide if its worth their time to call it a crime 0 Does a situation rise to the level of being called a crime 0 Prosecutors amp discretion I Weighing the evidence and determining if it s worth it to go forward and then decide what the charges are I Can they prove all elements of the crime 0 Sentencing amp Discretion I Sentencing laws in Texas gives judges wide latitude to decide what the correct punishment isindeterminate sentencing o Parole Board amp Discretion I The law decides when an individual is eligible for parole but it s a board of individuals who evaluate whether or not that person is going to get it or not 0 Constitutional protections 0 Search amp seizure under the 4th amendment I Tells cops what they can cant do when executing a search warrant I Interpretation changes it s up to the courts mainly appellate and supreme courts I Courts modify the interpretation over time and make it clear to cops O 0 Right to counsel amp trial I In theory its violated every day a plea bargains Protection against self incrimination I Coerced confession Due Process proper process oflaw Cruel amp unusual punishment I Courts decide what is adequate punishment for a crime Plea bargaining O Vast majority of criminal indictments are disposed of this way I 9598 Pretend it was something less severe in exchange for a less severe punishment resulting in a settlement Keeps the courts less congested but also compromises our sense ofjustice I What is the most common method used to resolve criminal cases Most cases are resolved with plea bargaining settlement 0 I What are the signi cant challenges and problems that the CJ system faces Crowding 0 Every aspect of the CJ system is crowded Expensive O O 65 of the budget is devoted to public safety The US spends 7580 billion dollars a year for corrections Clear that what we are doing does not work but No clear effective policy path forward I What are the Four Key Elements of Criminal Justice System Legislative and Administrative Branch 0 O statuteslaws policies procedures budget congress state legislatures local government justice department sentencing commissions Law Enforcement 0 O O 0 Local Austin PD UTPD Sheriffs School PD Federal CIA FBI US Marshalls Cabinet Branches ICE etc FBI 30 years ago there role was to investigate criminal domestically today 95 is devoted to international domestic terrorism Role uphold public safety Criminal CourtsCourt System 0 0 Trial Courts everything is sorted out appellate courts Does not try cases they review the cases and decide if rights are violated or not alternative courts problem solving courts the Federal level Focus on ind problem Corrections 0 Prison jail probation parole I Understand the three primary approaches to public safety Crime Control characteristic of the legislative branch and law enforcementcrime O O o Rehab 0 0 00000 suppression the belief that criminal misconduct is the problem and therefore punishment is the answer 40 yr old campaign that started with LBJ that aided in his presidential election emphasizes ef ciency and the most important anction 0f the criminal justice process is repression of criminal conduct The model assumes that it is acceptable to suspend individual rights or perhaps overlook technicalities in procedure in the interest of protecting society from criminal behavior Three Strike laws conviction of three crimes means youre imprisoned Due Process Characteristic of the courts including defense bar originates in constitution and the Bill of Rights 4th search and seizure 5th 6th 8th cruel and unusual punishment14th due process clause in filing criminal cases and lawsuits the legal proceedings must be in exact accordance with what statutory law prescribes as the state is subservient to the citizen the need to protect procedural rights even if this prevents the legal system from operating with maximum ef ciency stresses the possibility of error in the stages leading to trial I Ex Sheppard Case with wrong search warrant form Evidence is insufficient for conviction Shappard Case 80 s African girl was raped and set on re Got search warrant from court giving permission to search Sheppards home Sheppard then indited but his lawyer suppresses the evidence The judge picked up wrong form therefore determined that the search was awed Exclusionary Rule If the trial court nds unlaw ll searchseizure evidence is suppressed Forced consistency Good Faith Exception t0 the Exclusionary Rule if the error wasn t intentional excessive amp in good faith there s no exclusion of the evidence US Vs Leon 1984 ilitation A sentencing philosophy seeking to reintegrate the offender in society Based on a medical model of offending many offenders are sick and in need of xing Led to the implementation of indeterminate sentencingA1 Wide variety of programs and services designed to rehabilitate Problem solving diversions drug MH Community Community based probation diversion programs Secure treatment facilities for SA education etc O A1Broad range of punishment so not determined until after sentence 599 I Understand process of Crime Control and its three methods 0 PunishmentControl 0 term in the book is actually retributionvengeance o the primary mechanism of crime control 0 based on the reliability of the police I treats arrestees as if they are already guilty 0 Incapacitation o is simply the removal of dangerous persons from the community society I take them hoes off the street 0 its goal is public safety rather than retaliation or revenge o Deterrence o the prevention of criminal acts by making examples of individuals convicted of crimes 0 Why doesn t it work I Not many opportunities for criminals I Doesn t change the criminal behavior I Deterrence speci c vs general 0 general I seeks to discourage wouldbe offenders from committing crimes I eX the danger or consequence of going to jail can make a person about to commit a crime second guess their actions I but only about 5 of lesser crimes misdemeanors are actually caught 0 speci c is designed to prevent a particular convicted offender form engaging in lture criminal acts eX the speci c sentence handed out to a criminal offender ie jail time probation community service etc that is intended to be just enough to make them secondguess crime in the lture I Understand the difference between Determinant vs Indeterminate Sentencing o Determinant sentencing xed prescribed speci c States with this take more time to see what the sentence will be Designed to punish the offense 0 Indeterminate sentencing Has a range of years Takes time in guring out what is appropriate for this case Designed to punish the offense and the offender Length of imprisonment should be based on progress towards rehabilitation lased on severity Criminal history I Correlates of Crime 0 goal is to understand what is related to crime and recidivism in order to prevent it and predict it I Motivation V Opportunity Why people commit crimes and what allows them to engage in crime 0 Biological Criminals are born not made 0 Some of the original explanations of criminal offenders 0 There s something in your genetic predisposition 0 Richard Spec 0 Broke into a college nursing school dorm o Slaughtered 8 student nurses 0 Explained by an extra Y chromosome I Males with this extra chromosome tend to be more Violent then those who don t have it 0 When compared there is only a slight difference if any between Violent and nonViolent offenders 0 Until recently this idea was not taken seriously I Now with more research we have found that there is potential to be a difference in brain activity between the two 0 Psychological 0 Approximately 25 to 30 of jail and prison inmates are mentally ill percentage depends on definition 0 72 of those have cooccurring disorders mentaldrug abuse 0 Inthe general population the rate is 812 percent 0 So the conclusion individuals with mental illness are over represented in the criminal population 0 Social psychological 0 Learn through observation modeling and imitation o Concerned with the nature and effects of social values attitudes and relationships on behavior 0 Economic o Underprivileged backgrounds class differences 0 Demographic Age ethnicity sex etc Usually ages 1624 tend to commit the most crime As people grow older they tend to grow out of committing crimes Tends to occur in concentrated areas Other Lecture notes Broken Windows based on the perception of the potential offender One window remains unbroken more will follow Aka it sends cues that no one is watching and no one cares encouraging crime Ex Times square 1960 s rise in crime due to Economic Change lead to family structure more women working change lead to higher crime more income more to take less guardianship For crime opportunity you need 0 Motivated offender 0 Suitable attractive target 0 Absence of guardianship ltypical victim is identical to typical offender Crimes are committed close to home and generally to ppl of same demographic Guardianship Hardening targets to reduce opportunity Environment example more lights bars on windows etc Reasons punishment doesn t work what we see as punishment may not be what the incarcerated see as punishment Page Break Chapter 1 Outline Emergence of Criminal Justice Criminal Justice Refers to the structure functions and processes of those agencies that deal with the management of crime police courts and corrections Criminology The scienti c study of the causes of crimes rates of crime the punishment and rehabilitation of offenders and the prevention of crime More than a century old established in the 1960s outgrowth for calls of law and order during LBJ presidency Criminal Law The branch of modern jurisprudence that deals with offenses committed against the safety and order of the state De nitions of crime criminal intent and defenses against crime Criminal Procedure Encompasses the series of orderly steps and actions authorized by law or the courts used to determine if a person accused is guilty or not guilty Constitutional Law Focuses on the legal rules and principles that de ne the nature and limits of governmental power and the duties and rights of individuals in relation to the state Law and Order and the War on Crime 1960s was a violent decade 7 riots deterioration of inner city neighborhoods revolts to Vietnam War assassinations Emotionally charged appeals for law and order Trend toward nationalization of the Bill of Rights 1930s Supreme Court began extending these rights to state defendants rather than just federal By 1969 all provision of Bill of Rights relating to criminal violations were binding on the states President s Commission on Law Enforcement and Administration of Justice signed by LBJ July 1976 President Crime Commission and Key Recommendations The commission s dev In 1976 task was to study crime problem and criminal justice system structure Both the president and commission felt that focusing on poverty inadequate housing unemployment money For schools civil rights etc was warring on crime As cited by Edwin Sutherland poverty and segregation perpetuate crime but they are not a cause of crime Criminal Justice as a system Analysis of the processes of criminal justice were to have a great impact Call for upgrading of criminal justice personnel and practices The Omnibus Crime Control and Safe Streets Act of 1968 1968 crime on the rise drug use on the rise as well This act aimed at allying current fears about crime and calming agitation over innercity riots and anger over Supreme Court decisions that tied the hands of police Title II of the act attempted to overturn Supreme Court decision that all voluntary confessions and eyewitness ID regardless whether defendant had been read his rights could be admitted in fed l trial Title III empowered state and local law enforcement to tap telephones and other forms of eavesdropping Law Enforcement Assistance Administration Title I of the above act created the Law Enforcement Assistance Administration LEAA LEAA within the Dept of Crime Justice organized to develop new devicestechniquesapproaches in law enforcement Awarding of discretionary lnds for criminal justice programs State and municipality funding for their improving criminal just systems Models of Criminal Justice The Due Process Model This model stresses the possibility of error in stages leading to trial Emphasizes the need to protect procedural rights Risk of locking up innocent person is considered more important Warren Court Under leadership of Justice Earl Warren Court applied strict version of this model to criminal justice The Crime Control Model Emphasizes efficiency and the view most important function of criminal justice is repression of criminal conduct Emphasize speed and nality Assumes it is acceptable to suspend individual rights and overlook technicalities in interest of protecting society Burger Court Under leadership of Justice Warren Burger Attuned to crime control model in its decisions Legislative enactment of Three Strikes laws Key Factors of Criminal Justice Today The War on Drugs Because of linkage between drugs and crime policy agenda of presidents over last 40 decades has addressed the problem New law to deter involvement increased penalties street level enforcement expanded increasing number of drug related arrests Due to increased dockets creation of new drug courts alternatives for drug involved offenders and higher conviction and incarceration rate Overcrowding in jails and prisons leading to experimentation with prisonbased drug treatment programs 2006 criminal justice system principle referral source for 40 of treatment admissions California Proposition 36 created to divert offenders from criminal justice system into treatment Recent study found offenders treated under the proposition were more likely to be rearrested than other groups Women Crime and Criminal Justice Historically majority of offenders have been men with institutions and programs designed for men Female offenders have received leniency and lighter sentences than men Mostly due to women being relegated to minor roles in criminal activity Since 1970 number of female offenders has increased with their role increasingly parallel to that of men as of this book publishing males prison population has grown 38 and female population has grown 64 The Criminal Justice NonSystem Two competing perspectives of the organization of the criminal just system Consensus Model Argues that the organization of the CJ system work cooperatively to produce justice Agencies should share information and coordinate their efforts moving offenders seamlessly thru the process Con ict Model Posits that the branches of justice work competitively as individual entities rather than integrated parts of a whole Interrelationships among police courts corrections are filled with inefficiency and failure Because of lack of coordination and failure 1960 Am Bar Assoc referred to CJ as a nonsystem Con ict Theory Argues that characters in CJ system are tainted by personal interest famepromotionswagesnotoriety EX Criminologist Jerome Skolnick argues that clearance rates rate of solving crimes serves and example of con icts in the system police can be focused on appearing to solve crimes than on actually solving crimes Victims and Justice Historically victims have had little say in the judicial and correctional process Why Legal tradition that it is the state not the individual that is the victim of the crime Belief that victims might get in the way of police investigations amp judicial proceedings Concern that victims are partial and impatient and incapable of making objective contribution to the process Advances made and much wider role for victim beginning in the 1980s Criminal Justice and the Media Of all criminal offenses murdersmuggingsrapesetc only 5 receive public attention beyond a mention by media Public interest due to Visibility of offendervictim normally offender OJ Simpson Public s fascination with true crime Terrorism Criminal Justice and the Constitution Terrorism Is the systematic use or threat of extreme violence directed against actual and symbolic victims performed for psychological rather than material effects for the purpose of coercing individuals groups communities or governments into making political or tactical concessions Exhibit 13 pg 18 International Perspectives on Crime and Justice From the perspective of a terrorism specialist Terrorism is almost exclusively a political weapon It is almost always grounded in ideological politics It is a technique of psychological warfare accomplished through violence against innocent civilian victims The victims are not necessarily the primary targets The effects of relatively small amounts of violence tend to be disproportionate to the number of people terrorized Intemational and CrossCultural Perspectives Ethnocentrism Holding one s own culture and way of doing things as superior to all others Note from Kathy This section talks about different beliefs held by different countries not that much that is critical I don t think CHAPTER 2 Natural Law refers to a body of principles and rules imposed upon individuals by some power higher than manmade law and therefore considered to be uniquely fitting for and binding on any community of rational beings Deviance Conduct which the people of a group consider so dangerous or embarrassing or irritating that they bring special sanctions to bear against the person who exhibits it Kai T Erikson p 28 Crime Latin word crimen meaning judgment accusation or offense Crime is an intentional act or omission in violation of criminal law statutory and case law committed wo defense or justi cation and sanctioned by the state as a felony or misdemeanor Conspiracy concert collaboration in criminal purpose and it must involve two or more people Abettor One who with the requisite criminal intent encourages promotes instigates or stands by to assist the perpetrator of a crime Accessory after the fact One who knowing that a felony has been committed receives relieves comforts or assists the perpetrator to hinder apprehension or conviction Misprision of felony Refers to the offense of concealing a felony committed by another person even if the party to the concealment did not take part in the planning or execution of the felony Mens red from the Latin for guilty mind Is the concept based on the assumption that people have the capacity to control their behavior and to choose between alternative courses of conduct Intent Vicarious Liability Liability can be imposed on an employer for certain illegal acts committed by employees during the course and scope of their employment Criminal Law the branch of jurisprudence that deals with offenses committed against the safety and order of the state Civil Law the body of principles that determine private rights and liabilities Statutory Law consists of laws or statutes enacted by legislatures The laws that de ne the boundaries of such offenses as homicide rape burglary robbery and larceny are generally statutory in nature Case Law is law that results from court interpretations of statutory law or from court decisions in cases in which rules have not been llly codi ed or have been found to be vague or in error EX Robinson V California De ned narcotics addiction as a status that was no longer punishable under the law Common Law refers to customs traditions judicial decisions and other materials that guide courts in decision making but have not been enacted by legislatures or embodied in the Constitution Defense a broad term that can refer to any number or situation that would serve to mitigate guilt in a criminal offense Most common defenses are insanity mistake of fact mistake or law duress and consent consent of the Victim entrapment and justi cation M Naghten Rule the rightorwrong test of criminal responsibility that states If one did not know the nature and quality of the act or did know what he she was doing but did not know that it was wrong he is not responsible Durham Rule From the case Durham v United States the court held that an accused person is not criminally responsible if he she or suffers from a diseased or defective mental condition at the time the unlawful act is committed much more broad than M Naghten Rule Mistake of Fact any erroneous understanding of fact or circumstance resulting in some act that would not otherwise have been undertaken Mistake of Law any want of knowledge or acquaintance with the laws of the land insofar as they apply to the act relation duty or matter under consideration Ignorance of the Law Lambert v California a case in which the court ruled that ignorance of the law may be a defense against crime if the law has not been made reasonably well known Duress and Consent refers to any unlawful constraint exercised on an individual forcing himher to consent to committing some act that would not have been done otherwise Consent of the victim is any voluntary yielding of the will of the Victim causing himher to agree to the act of the offending party Entrapment is the inducement of an individual to commit a crime not previously contemplated by himher undertaken for the sole purpose of instituting a criminal prosecution against the offender Inducement Key word in the entrapment defense that refers to the fact that the accused had no intention of committing the crime until persuaded to do so by the police of cer 944 EX Hampton v United States offender s predisposition to commit a crime Justi cation is any just cause or excuse for the commission of an act that would otherwise be a crime Ex Justi able amp Excusable homicide Anomie or normlessness is the idea that if there was no punishment for crimes then people would have little respect for the law and society would be characterized by high levels of anomie Maxim nullum crimen sine poena no crime without punishment dictates that a law must be written that persons cannot be tried for acts that are not crimes in law and that persons cannot be punished for acts for which the state provides no penalty Felonies Serious crimes that are punishable by death or by imprisonment usually one year or longer in a federal or state penitentiary Misdemeanors Minor offenses that are generally punishable by no more than a 1000 ne and or one year of imprisonment typically in a local jail OTHER SOURCES OF CRIMINAL LAW Next 3 terms fall under this Constitutional Law the apex of the American legal system that is law set forth in the Constitution of the United States and in the constitutions of the various states and is the supreme law of the land It presents the legal rules and principles that define the nature and limits of governmental power as well as the rights and duties of individuals in relation to the state and its governing organs Statutory Law Next in order of authority to constitutional law are the federal statutes which are enacted by Congress and state statutes which are passed by state legislatures Administrative Law A branch of public law that deals with the powers and duties of government agencies THEORIES OF CRIME CAUSATION Biological Theories Criminal Anthropology Heredity Constitutional Inferiority and Body Types Aberrant Chromosomes Sociocultural Theories Social and Cultural Structure Theories Social Disorganization Theory a theory directly linking high crime rates to neighborhood ecological characteristics Clifford Shaw and Henry McKay found that delinquency was concentrated in the deteriorated areas of the inner city and that these areas maintained their high rates of delinquency in spite of constant population changes due to approved behavior and criminality was acquired in social and cultural settings through a process of interaction Anomie Theory introduced by French sociologist Emile Durkheim 19th century who described the phenomenon as a condition of normative con lsion or normalness in which the existing rules and values have little impact General Strain Theory Developed in 1992 by sociologist Robert Agnew atheory that suggests that criminality is the direct result of negative affective states that produced by negative social relationships Specifically strain creates negative emotions within the individual which in turn can create the inclination toward deviance and criminal behavior So negative emotions provide a casual link between strain and deviance eg anger anxiety rage Differential Opportunity Theory Presented by Richard Cloward and Lloyd Ohlin in their 1960 book Delinquency and opportunity It is a theory that suggests that criminals need access to illegitimate opportunities and that different groups will have access to different opportunities So its basically saying that disadvantaged youths with little economic opportunity commit more visible crimes such as burglary larceny and robbery because they lack access to whitecollar crimes Differential Association maintains that criminal behavior is learned in the same way that conformity is Proposed by Edwin H Sutherland and suggest that crime is learned through the deviant norms values and behaviors that are linked with criminal activity Differential Reinforcement Theory Suggests that criminal behavior is not only learned but also reinforced by instrumental conditioning Instrumental conditioning refers to learned behaviors that result from the consequences effects and outcomes of an individual s social and cultural environment Presented by Robert L Burgess and Ronald L Akers reformulating Sutherland s theory by incorporating into it the concept of reinforcement Social Control Theory assumes that people are rational beings in which the motivations behind their behavior are to maximize pleasure and minimize pain Thus people are presumed to behave in ways that will maximize their own personal bene ts regardless of deviation or conformity Social Control Theory are the mechanisms that keep individuals from acting in deviant ways Labeling Theory Is a way to address why apparently similar acts are treated differently Examples Why is possession of cocaine illegal and alcohol is not Why is sexual intercourse between husband and wife is called love making but the same act between brother and sister called incest Primary V Secondary deviation by sociologist Edwin M Lemert Primary Deviation is the violation of some norm some offensive act or characteristic Secondary Deviation results from the societal reaction to the violationthe demeanor and conduct that people cultivate as the result of being labeled deviant or criminal Uniform Crime Reports gUCRg systematic collection of crime statistics in the nation published annually by the FBI This started about 80 years ago and before that little was known about the extent of crime in the US Chapter 4 In 1932 FBI director J Edgar Hoover started using the UCR to tell if crime was on the increase or decrease The FBI has since charted the degree and nature of the increases and decreases in crime any geographical variations and any other trends that are deemed signi cant The annual UCR is called Crime in the United States and has established the FBI as the authority on crime trends Yet these reports are incomplete and structurally biased and have been misused and misinterpreted Structure and Content UCR is a nationwide view of crime based on statistics submitted by city county and state law enforcement agencies About 93 of the population is represented The Crime Clock The rate of total crimes committed annually divided by time in a year to give an estimate like A rape happens every 6 minutes The clock should not be interpreted as crime occurring at regular intervals Media reports o en wrongly suggest this PartI and Part II Offenses The UCR presents statistics as crimes known to the police and arrests Crimes known are those reported to or observed by the police PartI offenses are the most serious crimes criminal homicide forcible rape larceny etc Part II offenses are less serious The Crime Index All part 1 crimes are grouped together in the Crime Index to give an overall rate of crime Since the Crime Index does not distinguish the seriousness of different crimes giving equal weight to larceny and murder critics have charged that it creates a biased overall crime rate In 2004 the Criminal Justice Information Service CJIS approved the discontinuation of the Crime Index as atrue indicator of crime Nevertheless it is theses Crime Index data that are currently relied on for estimating the magnitude and rates of crime Total Crime Index is all PartI offenses reported during a given period in a given place Violent Crime is the sum of all Part I violent offenses homicide forcible rape Property Crime is the sum of all Part I property offenses motor vehicle theft arson Rate per 1 00 000 inhabitants The crime rate or the number of Part I offenses that occurred in a given area for every 100000 people Crime rate calculated as Total Crime Index x 100000 rate Population Percent change Current total Crime IndexPrevious total Crime Index percent change Previous total Crime Index The Extent of Crime 114 million Part 1 offenses were reported in 2006 Part II offenses are reported in the UCR only in terms of arrests Therefore there is no measure of the relative prevalence of these crimes throughout the nation Reliability of Estimates UCR estimates except of homicide which are usually always investigated of crime are considerably lower than the actual frequency of criminal acts Concealment and Nonreporting Crime is not easily measured Victims and offenders sometimes conceal the crime and sometimes authorities do not report them Crime statistics are also sometimes manipulated for political or public relations purposes Problems in Reporting Crime Data University of Chicago reports suggest that police may report only 3A of the complaints received for certain crimes Other studies have reported that as many as 20 of citizen complaints might not be recorded in police gures depending on the presence or absence of a suspect the victim s relationship with the offender and the victim s age race and behavior towards law enforcement officers Atlanta in Georgia has been found to have some serious problems in crime underreporting Colleges are also notorious for underreporting crimes The most effective use of rate and proportion analysis occurs at the local level Planners and administrators can use this information to identify crime trends in the community A new program National IncidentBased Reporting System NIBRSis being implemented to collect more systematic crime reports The NIBRS takes information on o Incidentdate and time Offense whether completed or attempted type weapon or force involved location 0 Property type of property loss value recovery date type and quantity of drugs involved 0 Victim type characteristics circumstances relationship with offender o O nder characteristics date of arrest arrest offense This program was introduced in 2004 and currently only 16 of the nation uses it but that number is expected to grow Victim Survey Research In 1965 the National Opinion Research Center NORC surveyed 10000 households asking whether the person questioned or anyone in their household had been a victim of crime during the preceding year They also asked if the crime had been reported and if not why it hadn t been These surveys showed that the actual amount of crime was likely to be several times what was reported in the UCR The NORC survey suggests that in 1965 forcible rates were almost 4 times the reported rate larcenies almost double and burglaries were 50 greater than the reported rate The National Crime Victimization Survey developed by Law Enforcement Assistance Administration LEAA and conducted by the Census bureau It measures the nature and extent of criminal victimization by surveying the victims The NCVS has a more comprehensive picture of crime than the UCR because it includes many crimes that went unreported to the police However the two are not llly comparable UCR bases its crime rates on the total US population and NCVS victimization data include only people age 12 and older Second NCVS measures crime by victimization rather than incident For crimes against persons the number of victims is normally greater than the number of incidents since more than one person can be involved in any given incident Third UCR and NCVS crime classifications are not always uniform Fourth NCVS data on homicide are considered unreliable because violence of that type is relatively rare and the unreported instances that emerge are too few to permit accurate projections to the nation as a whole quot quot andl 39 quot quot of Victim Survey Research Victim surveys can be used 1 To describe the characteristics of victims and highcrime areas 2 To evaluate the effectiveness of speci c police programs 3 To develop better insights into certain violent crimes through the analysis of victim offender relationships 4 To structure programs for increased reporting of crimes to the police 5 To sensitize the criminal justice system to the needs of the victim 6 To develop training programs that stress policevictim and policecommunity relations 7 To create and implement meaningful public information and crime prevention programs Weaknesses Accuracypeople o en do not remember details of the crime COSTthese surveys are expensive The greatest advantage comes from these surveys at a local level that focus on what can be done to upgrade neighborhood crime prevention and police effectiveness Yet most locales can not afford these surveys SelfReported Criminal Behavior The rst selfreport survey of crime was conducted in 1947 Nearly 2000 people were surveyed and 99 of them admitted to committing at least one of the 49 different offenses These surveys can be used to determine 1 The amount of crime committed by the normal noncriminal population 2 What kinds of crimes typically remain unknown 3 How the official system of crime control selects cases to pursue 4 Whether certain categories of offenders are over or underselected by official control mechanisms 5 Whether explanations and theories of crime developed for officially known offenders apply to nonregistered offenders as well Problems with Selfreport included validity and reliability When the respondents admit to crimes do they tell the truth validity Are their estimates of the times they commit these crimes accurate reliability Also the types of people who chose to respond may be very different from those who do not people may be truthful in their crime report but conceal information about their criminal backgrounds and most studies have focused on juveniles so we have few data on adult offenders Overall though these studies are very use ll in telling us patterns and styles of criminal careers Other Sources of Data on Criminal Justice In 1911 in his book History anal Organization of Criminal Statistics in the United States Louise Newton Robinson suggested a of criminal justice data collection modeled after the Bureau of the Census s collection of mortality statistics that left the responsibility on the individual states and cities In 1931 again a more comprehensive plan of data collection was suggested and again in 1967 Yet to date the longawaited national statistics program has yet to emerge The UCR is still the primary source of data on crime Many states compile data on their own areas of interest these data appear in the Sourcebook of Criminal Justice Statistics The extent to which the use of illegal drugs has affected crime rates and criminal justice processing is great and the National Survey of Drug Use anal Health and the Monitoring the Future survey show this The National Survey of Drug Use anal Health projects estimates of the use of the major illicit drugs by the general household population These estimates are incomplete though because they do not include people living in jails or prisons on the street in other institutions or on military bases The Monitoring the Future survey is conducted annually with a representative sample of high school students It explores trends in drug use of American youth However since it excluded dropouts it is incomplete More information on national drug use is collected by the National Institute on Drug Abuse NIDA and includes trends in the national use and abuse of drugs
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