CRJU 101- August 25 and 27th
CRJU 101- August 25 and 27th CRJU 101 003
Popular in American Criminal Justice System
Popular in Criminology and Criminal Justice
This 5 page Class Notes was uploaded by Lane christopher on Tuesday September 8, 2015. The Class Notes belongs to CRJU 101 003 at University of South Carolina taught by Theresa Clement in Fall 2015. Since its upload, it has received 34 views. For similar materials see American Criminal Justice System in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 09/08/15
August 25th 2015 Why do we have criminal justice system We need to maintain law and order human nature needs laws Sanctions on behavior 1 Informal 0 social norms keep you in line 0 family rules may get grounded try to control you to learn social norm 0 schools 0 religion be good or go to hell 2 Formal o laws and statutes bc we have a diverse country with different values put laws on things that can apply to everyone 0 2 general categories 1 Substantive criminal law don t stab people n law which establishes principles and creates and defi nes rights limitations under which society is governed a s differentiated from quotprocedural lawquot which sets the rul es and methods employed to obtain one39s rights and in particular how the courts are conducted 2 Procedural criminal law very technical what are the steps we are going to take to prosecute you I Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit criminal or administrative proceedings 3 Procedural is difficult vs substantive is clear cut This causes us to want to count crime Crime rate is rising or falling Uniform Crime Report 0 produced by the FBI across country statistics and percentages of different crimes 18000 Law enforcement agencies send in statistics each year compares areas and demographics stealing is the most commonly reported crime Crime clock every seconds this happens universities compile crime reports OOOOOO 0 groups compile hate crimes Where do we get our laws Statute law passed by the legislature Common law 0 ancient english case law 0 unwritten legal precedent that law applies to other cases not just that one o can evolve o EX came from an actual case and we learn a lesson but originally about a person and whether they were allowed to do something 1 man s cow is missing sees cow in neighbors pasture proves cow is his gets cow back 2 man s cow is missing cow is pregnant calf born on neighbor s farm proves it s his cow get two cows back 3 man s bull is missing impregnates 9 of the neighbors cow s proves it s his bull get ten cows back 0 the holding of a case can change depending on the facts Holding of a case the decision of a case 0 law changes over time according to the facts Present Day Case law 0 also creates precedent on current issues 0 happens now Constitutions 0 federal 0 state 0 constitutions are created as anti majoritarian aw protects individuals against the government protects the minority interest against mob rule Why do we want to have protection against the government we are a government of laws not people 0 based on established principles precedent aka stare decisis whatever the law is before is now until overturned always trying to balance freedom and control 0 when constitution was created it was very distrustful of the government Bill of Rights 1 10 O O 0 1st freedom of speech 0 4th free from unreasonable search and seizure 0 right to a trial by jury take power from gov to the people 0 5th plea free from self incrimination When people are in fear they choose safety over freedom not always about crime about privacy and dignity Government has authority to suspend freedom 0 don t want gov to overuse it 0 used to protect common welfare national security 0 ensure order within society stop signs protect citizens from each other 0 Examples of suspending freedom put a y on drivers license in Delaware if you are a sex o ender During WWII we interned JapaneseAmericans after Pearl Harbor wasn t just freedom lost their homes property money practice licensing never gave it back August 27th 2015 Our criminal justice system has changed drastically in the last 30 years Changes 1 Vietnam War huge protests anti war rioting with crime 0 the draft 0 soldiers coming back broken or not coming back at all 0 all on camera 0 not sure why they were fighting worried they may have to fight for unknown cause 0 dissention 0 hell no I wont goquot o predominantly white students in riots 0 America throws money at law enforcement 2 Civil Rights Movement 00000 0 Dr Martin Luther King starts his peaceful protest civil disobedience movement trying to change society fair and equal treatment staged sitins beating shit out of blacks filling prisons all on television America throws money at law enforcement 3 Balancing Social and Criminal Justice 0 O 0 hard to differentiate crime became a huge political issue war on crimequot violent crime has decreased since then 4 911 World Trade Center O 0000 0 We didn t know who did it started profiling all muslims everyone hid terrorism became a huge topic and widely used word Terrorism organized use of violence to promote political or social change America throws money at law enforcement No one would listen until radical steps had to be taken in some cases radical violence When we are afraid we choose protection over freedom Fear can cause stupid ass laws 2 theories about the criminal justice system and how it should work 1 Crime control model 0 00000 0 focuses on controlling crime can take away rights protecting victim s rights efficient justice move quickly proprosecution side more conservative 2 The due process model 0 O innocent until found guilty innocent defendant procedural fairness comes from constitution protects rights of the accused don t want gov to abuse you presumption of innocence prodefense more liberal theory OOOOOOO Criminal Behavior 90 of convicted criminals are male Why do people commit crime Historically good vs evil issue 0 Salem Witch Trials 0 Sin causes criminal behavior 0 purge of evil spirits Criminology studies the causes of crime 0 difference bt deviant behavior and criminal behavior deviance is breaching a social norm not all deviant behavior is criminal all criminal behavior is deviant o Theories in criminology tries to prevent crime how can we effectively rehabilitate offenders Theories in Criminology 1 differential association theory some people believe that crime is learned behavior that you can unlearn teaching can prevent the next generation 2 classical theory committing a crime is a choice rational choice pain vs pleasure principle humans will do things to avoid themselves in pain 3 psychological theory crime is caused by psychological state personality not adjusted to society expression of psychological state 4 biological theory crime is innate in their DNA not an act of free will studies on body types study twins and their habits when separated body chemistry 5 phrenology studying the bumps on peoples skullslol
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