Criminal Justice System
Criminal Justice System CCJ 3024
University of Central Florida
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This 10 page Class Notes was uploaded by Imelda Jacobs on Thursday October 22, 2015. The Class Notes belongs to CCJ 3024 at University of Central Florida taught by Kristina Childs in Fall. Since its upload, it has received 23 views. For similar materials see /class/227618/ccj-3024-university-of-central-florida in Criminal Justice at University of Central Florida.
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Date Created: 10/22/15
1252012 32900 PM Relationship between deviance and crime o Crime an intentional violation of the criminal law or penal code committed without defense or excuse and penalized by the state o Deviance behavior that violates the norms of society 0 Not all criminal behaviors are considered deviant and not all deviant behaviors are considered criminal Elements of Crime o Harm Legality o Harm must be legally forbidden o Actus Reus o The act was committed by the person o Mens Rea 0 Criminal intent or criminally negligent action o Causation o Causal relationship between actusreus and harm o Concurrence 0 Mens Rea and actusreas must occur together o Punishment Felony vs Misdemeanor o Felony is any crime punishable by more than one year in prison or by death o Misdemeanor is any crime that has a sentence of only a fine or confinement in a local jail for less than a year Mala in se vs mala prohibita o Serious crime vs victimless crime 0 Murder vs trespassing Information collected by the Uniform Crime Reports Compiled by the FBI 0 Crimes Reported o Arrests made 0 Crimes cleared 0 Characteristics of individuals arrested 0 Clearance Rate c Number of cases that are solved by a law enforcement agency either when an arrest is made or when the suspect has died Number of total arrests made in 2009 o 13 million arrests Percent of Index Crimes Cleared in 2009 o 20 of reported index crimes cleared Trends on Crime o Crimes reported to the police are decreasing o Violent crimes 41 o Property crimes 40 Limitations of UCR Data o Reporting practices 0 Based on reported crimes only o Law enforcement practices 0 Not all agencies report their data manipulation of information o Methodological Issues 0 Not all police agencies report info 0 Federal crimes are not reported 0 Only the most serious offence is counted 0 Variation in state statutes Survey Research o Asking individuals about their experiences attitudes beliefs values The goal is to generalize to the population of interest 0 Benefits Able to measure behavior across all segments of the population Able to measure the dark figures of crime Minimizes any possible bias in the Criminal Justice System 0 Weakness Unwillingness to report Inaccurate reporting Generalizability Info collected by National Crime Victimization Survey o Crime suffered by individuals or households o Whether the crime was reported whywhy not o Details about each criminal victimization o Offendervictim characteristics o Victim s experience with the Criminal Justice System Difference in the level of crime from official and survey statistics o The prevalence of crime is found to be much higher in selfreported surveys than official data indicates Percent of crime reported to the police in 2008 NCVS o 419 reported to the police Ways in which self report and official data are compatible o Trends and proportions tend to be very similar 0 Reliable indicators of change Gender differences in crime trends o Male crime rate are much higher than female crime rates o Overall gap is decreasing o Offence patters are different Disproportionate Minority Contact o Disproportionate number of minority of youth who come into contact with the juvenile justice system Racial Differences in crime across official and self report measures o Self report debunks official claims Peak age of offending o Peak age late adolescence Adolescence is a time of increased independence autonomy and decisionmaking responsibilities Peer group is the primary support system Experimentation is nearly universal O Victimology o Study of the victim s role in crime 0 Understand the nature and extent of victimization o Calculating economic and societal costs of victimization 0 Identify factors that lead to victimization 0 Understanding the effects of victimization Total number of criminal victimization o 213 million victimization Different types of costs of victimization o Economic 0 Medical bills wages replacement of property counseling or psychiatric services c PhysicalMentalPersonal 0 Reduced quality of life strain on personal relationships metal healthpsychological problems antisocial behavior victim blame o Fear o Long term consequences 0 PTSD adolescent trauma can lead to adult problems financial problems Relationship btw victimization and offending o Cycle of violence 0 Victims of crime are more likely to commit crimes themselves 0 Victims of physical or sexual abuse 0 Brutalization effect violence is not a severe act 0 Revenge Victim offender relationships o Males are more likely to be victims of strangers o 6300 o Females are more likely to be victims of non strangers o 3600 o Crimes tend to be interracial 0 Black individual are more likely to victimize black individuals Victimization theories o Victim Precipitation Theory 0 Victims actively or passively initiate the confrontation that leads to their victimization o Impulsivity can lead to precipitation Focus n Victim s role a Victimoffender relationship Strengths explains repeat victimization o Deviant Place Theory 0 Victimization is primary function of where people live Deviant places a High crime socially disorganize areas a Commercial areas adjacent to residential areas Strengths explains why people who lead conventional lifestyles are victimized Focus victimization in high crime areas o Lifestyle theories 0 Crimes are not a random occurrence 0 Victimization is a function of one s lifestyle choices 0 Risky lifestyles increase the risk of victimization Strengths explains victimization patters Focus personal activities of the victim o Routine Activities Theory 0 Victimization is due to the interactions of Availability of suitable targets Absence of capable guardians Presence of a motivated offender o Explains criminal opportunity 0 Strengths explains crime rate trends Victim witness assistance programs and victims bill of rights o Victimwitness assistance programs 0 Funded by the government o VictimOffender Reconciliation Programs Victim Bill of Rights o State code of Laws o Rights include 0 To be notified of proceeding and status of defendant To be present at criminal justice proceedings To make a statement or receive restitution To make consulted before a case is dismissed or plea offered To a speedy trial Confidentiality of contact info 0 Offender registration Victim Impact Statement o Statement made by the victim during arrest Types of social control and type provided by CJS o Informal Peers o Formal CJS legal 0 O O O O Characteristics of criminal Law o Politically only violations of rules made by the state are crimes o Specificity strict definitions of specific criminal acts o Regularity applicability of the law to all persons o Uniformity enforcement of the laws against anyone who violates them o Penal Sanction violators of the law will be punished by the state Two types of Criminal Law o Substantive Law defines criminal offences and their penalties Describes in penal codes and statues o Procedural Law governs the ways in which substantive laws are administered Rules and standards for how actors in the CJS should operate Sources of Procedural Law o Bill of Rights Constitution 0 Lower courts interpret the constitution and develop a body of case law that spells out procedural Amendments Related to Procedural Law o 4th Amendment Right against unreasonable search and seizure o 5th Amendment right to a grand jury protections against double jeopardy o 6th Amendment Right to a speedy trial o 8th Amendment Right to bail against cruel and unusual punishment o 14th Amendment A state shall not deprive any person of life liberty or property without due process of law Duties of CJS o Enforcing the Law o Adjudicating criminals o Correcting criminal behavior Cost of operating the CJS o 227 billion to operate in 2007 Flow of the CJS CJS Decision Makers 0 Law Enforcement Officer gate keepers o Prosecutor required to prove guilt 0 Defense Attorney protect the right of the accused 0 Court Judge 0 orrecti ns Concepts of Justice 0 Crime Control Model the purpose of CJS is deterrence punishment 0 Increase police force 0 Harsh punishments ampdeath penalty 0 Maximizing discretion 0 Due Process Model 0 All people deserve due process 0 Preserving American ideals is more important than punishment Monitoring police practices Review of sentencing policies Prisoners rig ts Competent representation Procedural safeguards o Equal Justice 0 All people deserve same treatment 0 Decision making should be standardized and structuralized 0 Based solely on present behavior o Rehabilitation Model 0 Given the proper treatment criminals can be rehabilitated o Criminals are societies victims 0 Reducing crime means attacking the root causes of crime Victim Impact statement o Is a written or oral statement which allows a victim of a crime to speak during the sentencing of their attacker Taken by Florida law Dating violence now treated as domestic violence o Changed due to the death of a UCF student 1252012 32900 PM 1252012 32900 PM
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