Week one and two of notes; Title and dates on paper
Week one and two of notes; Title and dates on paper Criminal justice 101
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This 13 page Class Notes was uploaded by Morgan Hemstrom on Wednesday September 16, 2015. The Class Notes belongs to Criminal justice 101 at Washington State University taught by Wendy Koslicki in Summer 2015. Since its upload, it has received 54 views. For similar materials see Admin of Criminal Justice in Criminal Justice at Washington State University.
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Date Created: 09/16/15
Criminal Justice Foundations 82615 John Locke Believed that people need to give up some freedoms in exchange for protection from the evil minority 0 This is called the social contract Tacit consent unspoken consent When you break the contract you get thrown out of society Thomas Hobbs believed that men is inherently evil 0 Can also be classified as consensus theory Consensus theory Assumes that all parts of the social system of a government work towards the common goal of society J ean Jacques Rousseau argued that mankind is free until he enters modern society Con ict theory The ruling class will exploit the working class which will further maintain the power of the ruling class and perpetuate con ict Criminal Justice Six Main Perspectives 82615 1 Due process model a Innocent until proven guilty b Stresses court formality amp protection of the constitutional rights c Adversarial process obstacle course that must be run through completely before the accused is convicted 2 Crime control model a Holds governments highest priority b Police should be granted high degree of discretion c Trial process should be efficient and swift moving d Offenders ate rational human beings who will weigh the costs and benefits deterrence theory 3 Rehabilitation perspective a Justice system should be a means for caring and treating offenders b Result from frustration from social integrity c Can reduce crime at all levels local to federal if government programs carried out effectively 4 Justice incapacitation perspective a All offenders should face equal treatment b Supports incarceration policies such as mandatory minimum sentences 5 Restorative justice perspective a Recidivism returns back to crime and returns back to prison after being released Primary goal make prisoners realize the harm they have done Reintegrate offenders to society Hard to get jobs so they go back to crime to make money Victims don t want to face the offenders 6 Nonintervention perspective a Current method of punishment stigmatizes offenders b Deinstitutionalization removing nonviolent offenders from prison c Diversion directing criminals to informal community programs other then 9906 formal CJP d Decriminalization reducing penalty lower level offences Criminal Justice My angel 0 WWWlmsWsuedu No slides posted online Open all week for online quizzes 30 Min for 10 questions Fridays at 1155 PM quizzes close Will be extra credit opportunities 82415 Criminal Justice Elements of a crime 83115 Men s rea Guilty mind this involves a purposeful intent to commit a crime Motive This is less important than intent A persons reason for that goal Actus reus The voluntary act or failure to act in some cases 0 The prosecutor must prove both of these Strict liability The offender is accountable of a crime Without proof of criminal intent Vicarious liability When accountability is passed from one person to another 0 Only attaches in civil cases never criminal Felony A serious offence that is punishable by more than one year in prison and in some cases the death penalty Misdemeanor Less serious punishable by less than one year The FBI maintains the UCR The UCR divides crime categories 1 2 Part 1 Crimes More serious crimes against persons Part 2 Crimes Less serious crimes against property Murder though just one crime is further divided into seriousness P9P First Degree unlawful intentional killing of another With premeditation and deliberation Second Degree unlawful Voluntary Manslaughter intentional killing of another Involuntary Manslaughter An act of negligence or the misdemeanor manslaughter rule Homicide rates are decreasing Criminal Justice Vocabulary 83115 0 Substantive laW the law that defines criminal acts and all the elements thereof 0 Procedural laW Sets forth how substantive laws are to be enforced and how to proceed With criminal cases 0 Statutes laws enacted at the federal or state level 0 Ordinances laws enacted at the local level 0 Federal laW at the top of the hierarchy and trumps all other state constitutions and laws 0 State laW in the middle may grant further rights and protections to residents but never less then federal 0 City County in the lowest hierarchy usually has to do With public safety noise regulations building codes etc Criminal Justice Crimes against a person and property 90215 Criminal defenses Crimes against a person Legal definition The carnal knowledge of a person forcibly and against their will 0 This does not include statutory rape or any other sex related issues Robbery When the person who owns the stuff is injured in the making of taking an object Involves assault Burglary The unlawful entry into a structure with the intent to take something of value Aggravated assault The attack of another person with the intent to in ict serious injury or bodilv harm Crimes against propertV Larceny theft The unlawful taking of a property from the possession of another For example if your invited to someone s house and then steal something Motor vehicle theft Any vehicle that runs with a motor on land not rails water farm equipment or airplanes Arson Any malicious burning or attempt to burn of a building vehicle or personal property of another person Criminal defenses Affirmative defense The accused is admitting to the crime but defends their actions by providing an excuse or justification Example selfdefense consent execution of public duties Selfdefense Had to commit the act due to protection from a threat of violence Consent When the accused argues that the victim consented to the criminal act knowingly Voluntary and intelligently Execution of public duties State agents such as individuals in the military law enforcement etc may use force within reason Criminal Justice Theories of Crime 9915 0 Theories are created to explain criminal behavior 0 We don t have a dominant theory 0 Classical theory was created by Cesare Beccaria 0 Jeremy Bentham believed laws should provide the greatest good for the greatest number 1 Criminal behavior is rational 2 People weigh the costs and benefits Hedonic Calculus and commit crime when benefits are greater than the cost 3 If punishment is swift severe and certain people will avoid crime 4 The punishment is proportional to a crime 5 Criminal justice system shouldn t be arbitrary and laws are known to public 0 Classical school fell out of popularity in the 19th century 0 Positivists believed science could explore and answer why people commit crimes and how they could be cured 0 Cesare lombro widely known early positivist theorized 0 He is lauded as the father of criminology 0 His method of study was poorly done and left little room for rehabilitation 0 He said they were born criminals 0 A lot of people followed in his footsteps 0 Criminals were born Feebleminded 0 Said that body type was a trait of criminal acts Sporty broad shouldered people 0 Deals with psychological theories as well 0 IQ theory was also based on corrections 0 There are social factors 0 Sociocultural looks into social and cultural in uences 0 There are three main sub divisions 1 Social structure theory 2 Social process theories 3 Critical theory 0 Robert Merton 0 Strain anomie theory proposed that crime may occur when there is a primary social goal 0 Lack of opportunity makes crime easier to commit 0 Differential Association Anyone could become criminal if the in uence of deviant peers was strong enough 0 Control theories low levels of selfcontrol and the control of others 0 Labeling theory Once labeled as a deviant one is likely to be treated as a deviant eventually the person will accept this label and commit more crimes Criminal Justice Theories of Crime 9915 0 Marx proposed that the bourgeois enjoyed privileges that extorted the proletarian this perpetuating class division 0 Bourgeois Owned business 0 Neoclassical theory Classical theory began to re emerge in the 1980 s Criminal Justice Theories of crime cont 91115 0 Classical 0 Until 1764 crime was in western culture a sin against god and defendants didn t have as many rights as they do now 0 Age of enlightens changed outlooks on crime 0 Cesare Becaria began the classical theory I Criminal behavior is rational I People weigh costs and benefits 0 Women and crime 0 Freda Alder sort of outdated I During world war 2 women entered the workforce and were leaving home more often so the ability for them to commit crime increased but there was no real proof I Crime of women increased a lot in the 70 s I NIBRS National incident based reporting system Supplements UCR by gathering all data Federal state and local data Collects data on crimes excluded by the UCR White collar crime terrorism etc Advantages I No hierarchy rule I Crime against society added to other categories property person 0 Disadvantages I Crime appears to be increasing 0 NCVS National victimization reporting system 0 Huge survey administered to almost 40000 households inquiring about 00000 experience with crime Survey administered every 6 months 0 Records collects data in unreported crimes I 54 of victims surveyed did not report their victimization to police 0 Limitations I Potential sampling error I Limited race ethnic selections I No data on arson or homicide O I UCR Uniform crime reports 0 Started in 1929 0 Put into effect in 1930 0 Around 17000 police agencies contribute voluntarily Criminal Justice Theories of crime cont 91115 0 The goal was to collect reliable crime stats for the US 0 FBI also publishes hate crimes Violent crimes With weapons etc special crimes 0 Limitations I Not all crimes included I Not all crimes reported to police I Does not include Victim information I Some police departments don t participate I Crime definitions very per police departments I Police Will make different rates depending on how many resources they have I Hierarchy Rulereport only the highest offense 0 So if someone goes on a crime spree of little crimes and sets a house on fire only arson will be reported Criminal Justice White Collar Crime 91615 White Collar Crime 0 White collar crime A classification of crime that evades explanation through many theories and isn t always defined correctly 0 First identified be Sutherland in his sociological study of corporations and businesses 0 White collar crime is the most costly crime in the us 0 Illdefined Main reasons 0 UCR surveys do not collect much info regarding White collar crime 0 Corporations guard their public image so information is hard to obtain 0 Police researchers and media often lack the experience needed to recognize and identify corporate crime 0 Price fixing 0 Insider trading 0 Corporate espionage 0 Don t quite fit 0 Forgery O Cons 0 Retail fraud Criminal Justice Ethics 91615 Philosophical Foundations of Ethics 0 Ethics stems from Greek concept of character and doing what is right 0 Ethical problems in the criminal justice system have two major sources 0 The large amount of discretion that many of our agents in the criminal justice system possess O The countless illdefined situations that agents of the criminal justice Two main divisions of ethics 0 Deontological Ethics A focus on the duty to act The end result is not a question it is whether or not you did what you were supposed to do in the situation 0 TeleologicalUtilitarian Ethics A focus on the consequences of the act The end result is the important part of the act and is measured by how much good the act achieved for the greatest number Two types of Ethics 0 Absolute ethics Two sides of these situations black and white good and bad 0 Relative ethics situations with multiple sides are far thicker 0 Police corruption misconduct by police officers that can span from illegal activities to arguably legal activities 0 Two primary types of corrupt police officers 0 Grass eaters these opportunists who do not pursue corrupt activities 0 Meat eaters these officers aggressively pursue illegal opportunities for personal gain 0 Noble cause corruption police officers commit an illegal act for the greater good 0 Lying and deception is also a prominent issue within police departments and can be either necessary or immoral depending on the situation Criminal Justice Ethics 91615 0 An undercover cop who is trying to bust a drug cartel 0 Barker and Carter 1994 identify two types of police deception 0 Accepted lying is deception with the intent to apprehend offenders 0 Deviant lying when an officer lies about illegal activity or lies under oath 0 Homogeneity of police culture also plays a significant role in making police corruption a difficult issue to deal with 0 The code of silence term used for when officers choose not to inform on a fellow officers corruption
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