AMER CRIMINL JUSTC SYS
AMER CRIMINL JUSTC SYS CRJU 101
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Date Created: 10/26/15
822 Federal State City often more than one apply to you laws must be constitutional to be unconstitutional legalityi must be made public before enforced r to know law so must be public to be fair assumed you know laws once public realityi know the ones that apply to you 2 cruel and unusual punishment 8th amendment cannot overipunish a crime or torture 3 due fair process should be fair extremely important 5th amendmenti right to silence laws that are vague are VOld must be clear to count EX SC law of buggery prison for 5 years never defined buggery fully 4 no expose factoi not after the fact a crime must be on the books at the time of the act can39t create a law and punish for a crime done prior to law b punishment must be on books at the time of the act can39t change the punishment after the crime c kind of evidence required for conviction must be on the books at the time of the act awe mere possession of weed is up to 102 US criminal justice system founded on the rule of law la s based on principles and rules not just based on who39s in power slowichanging stable secure each crime has its own elements aka 39elements of the crime39 a burglary entry wo permission with the intent to commit a crime win b actus reuse guilty action commission OmlSSlOD if you have a legal duty to act and don39t guilty of action murder can be not feeding your child as you39re legally responsible for them c mens reai guilty mind intent to commit a crime proven to them via confessions threats facts of case d concurrencei acts reus and mens era MUST happen at the same time 82411 strict liability crimesi no proof of a guilty mind needed 39 speedingi proven act disregarded guilty mind speed limit posted assumed you know criminal sexual conduct w minori don39t care if age was unknown some crimes require a result x shooting is not murder but shot to kill is murder dead body is result some don39t ocaine in SC must only prove possession not use some crimes are incomplete o lCltathl asking someone to commit a crime for you asking is the crime b conspiracyi two people agree to do an unlawful act even if they never act OR two people agree to do an unlawful act and do so in an unlawful way c attempti come up short on committing a crime attempted murder as burning an unknowingly empty house rying to burn someone 01 mistake of fact misunderstanding the facts involved something was done that appears to be criminal act but merely a mistake e ignorance of the law doesn39t matter that you don39t know the law presumed f involuntary actionsi actions by accident not choice disorders g necessityi bc of circumstances one is forced to commit a crime to avoid a greater evil h duressi a person causes you to commit a crime and you do it to avoid a greater evil forced to act by threats if proven you can be acquitted Categories of Crimes Crimes against persons a assaulti unlawful threat to do bodily harm specific b batteryi unlawful touchin c robberyi taking something from a person or their immediate presence by force or threat of force NOT burglary because the victim is present d hOmlCld8 murder kidnappingi stealing a person or unlawfully restraining them 11 Crimes against habitation burglaryi entering a building w intent of committing a crime win b arsonyi burning someone39s house wn statutory rape rapesex with a minor III Crimes against property arsonyi stealing theft shopliftin grand larsonyi stealing high value objects b malicious lDJHIY vandalism damage 82611 Procedures of Prosecution to search a warrant is needed 4th amendment exceptions a search incident to lawful arrest consent to search by search 3 patidown search terry vs ohio if law enforcement has facts that lend reason to believe that a crime is about to occur then law enforcement may pat you down to ensure their safety must be IMMEDIATELY apparent plainiview searches if w enforcement is rightfully in a place and sees a crimeful object can seize it wo warrant must also be immediately apparent wo manipulation of the item If law enforcement violates your 4th amendment Xclusionary rulei illegally seized evidence should be excluded from trial included search cases law enforcement can39t break the law to prove that you broke the law fruit of the poisonous tree dOCtIlD8 f law violates rights and this leads to info it may be suppressed bc violation NH 5 tr 82811 exclusionaryi covers interrogations and confessions 5th amendmenti against self incrimination right to silence not all confessions are reliable cover or force lawfully cannot force to confess questioningi refusing necessities is unlawful not cruel or unusual bc its not a sentence miranda rights of custody and interrogationi they will tell you while arresting you hese are the rights to silence lawyers fair trial etc How we force law enforcement to play by the rules Xclusionary act 2 prosecutors OfflC8 refusal of bad cases 3 internal affairs file complaints usually fair but rarely corrupt Policing always evolving Code of Hamarabii oldest law older than Bible very thorough defines laws and punishments from UK policing medieval englandi family protected you landlordsi ordered sharieve aka shariff enforced kings laws loyal William the Conqueror fines S goes to king for crimes victims became the state and society still applies state is seen as the victim Magna Carta English use due fair process US Constitution our Magna Carta also duefair process UK population increase crime increase industrial revolution night watch volunteers to watch for crime good but lacked authority Sir Robert Peelei london metro police developed system of policing Father of Modern Police quotthe bobbies39b police after Robert in UK US development individual and separate growth 1 clesiastical lawi biblical NE Boston Cops there had multiple duties many social services 2 vigilante justicei law in your own hands rash behavior posse comatatisi civilians as deputies for a crime 3 black codesi after civil war created to suppress freed slaves south slave patrols volunteers patrolling riotsrevolts of slaves organized by plantations prohibited interiracial marriages false biblical backing inheritance real reason to keep money in white family lines b preaching gospel wo a liscence blacks knew the bible gt whites whites didn39t want to hear it c prohibited blacks renting land in city d for black businesses kept them off of mainstream commerce developed crafts feet outside of city limits d negro seamens act merchant marines boating businessmen couldn39t get off of the boat they had been north and exposed to 39independent thinking39 COURT CASES Plessy vs Fergeson 1896 30 years after civil war right to educate like whites separate but equal racial segregation still not equal extreme differences in quality Brown vs Board of Education overturned P vs F stated that separate but equal is inherently unequal must mix fix and allow for change early 1900s thinking was that lower social classes must be the ones causing crime then it was immigrants but crime can and will take on anyone 83111 Law enforcement and its many organizations for hire 1 Federal US US territories and US jurisdiction military police bases tribal Puerto Rico postal SS ATFi alcohol tovacco firearms A drug enforcement agency 2 state law enforcement highway patrol 3 sheriff departmen county court and county jail enforces state and local laws 4 municipal police city wide jurisdiction often crime prevention 5 special police agencies a rport p011C8 planeairport cops transit p011C8 subway cops NYC DC public housing p011C8 Chicago campus police USC police Selecting agentscops age 18 drivers license with clean driving record residencyi some say live where you work to be readily available educationi varies on position BA some say HS w tech training written exam for police reports oral 11118erer for effective communication physical exam depends on rigor of field character checki honestyintegrity credit check and record check psych exami can you handle stress of job polygraphi lie detector will you be honest even when difficult 91211 Reasons police get disqualified DUI arrest for violence drug conviction womeni allowed on force since 1972 13 are now womeni opportunistic Training derlng high speeds conditions physical report ertlng express necessities and no more to not help lawyers testifyi how to cover your side of the story irearmsi howwhen to shoot Policing styles crossiexamination Legalistic aka zero tolerance strict enforcement even of minor crimes 2 Community policing police assigned to neighborhood for crime preventi h discretion high quality of life low busting prevent not punish Broken Window style no ir of run down buildingscommunities requires owner to fix up to prevent crime these cops contact bank to take ove What makes a good police service quality of applicants leadership of officers chief accreditati or else foreclosure police unions and professional organizations homeland security After 911 terrorismi organized use of violence to promote political or social change omestic terrorismi FBI International terrorismi CIA domestic terrorismi acts of terrorism in US wo foreign ties ilitia extremists ngleiissue extremistsi promote one cause proilife ecoterrorism groupsi protect environment against law counterterrorism task force SHARE info among grou FBI and CIA patriot acti law enforcement can search wo a warrant and wo probable cause ased on nationality acthlStS want change but don39t break the law controlling immigrationi US in a fence w violent or angry tactics idiotic passport now necessary to go to Canada or Mexico Screening airline passengersi plastic bags liquids etc W terrorists beat the system aken away due process rights for safet Rendition and torture US ends you to a country where they will torture you for info less rights as US law is inapplicable there END OF INFO FOR TEST 1 BEGINNING OF INFO FOR TEST 1 91411 Civil vs Criminal Law sue somebody started by private party plaintive getting sued defendant E39 tec hes of Contracts offer acceptance consideration btwn parties breech to sue over contracts can be oral WITH proof but EX II tort a private wrong that Cquot exchange usually written ses harm to another car rashes EX III divorce and child custody cas s sue over fair compensationi money and child rights standard of proof level of proof needed for a case preponderance of evidence more likely than not h was accurate must convince jury wo doubt t better to lose money than free respectively 0 be just dom sophy law Jurisprudence court systems state and federal diversity of jurisdiction but always subject to both Philo d State trial courts of limited jurlSdlCthnt limited to certain types of cases a traffic courts traffic cases only a criminal courts crimes b mam trat courts minor or small criminal matters ivil side toos small claims c state trial courts of general juri di ti n general sessions courts tries all state criminal matters civil side court of common pleas general civil court appellant jurisdiction If you lose can appeal to state court of appeals state supreme courts court of last resort at state level original jurlSdlCthn first court to render a verdict trial court appellant courts looks appeals Federal Court Federal Crime know arrest if state or federals cops tell you lowest level here 1 2 3 A 4 Lawyers Us mam trat courts lesses can set bail at other federal matters US district courts federal trial court eneral jurlSdlCthnt all federal crimes US court of appealss federal appellant court lawyers duty to object at trial gives judge immed if judge is corrupts judicial error and can appea appeal case vases on errors at trial level must be fair judge must be impartial ppellant court choices overturn and ends free to go overturn and grant a trial d39nuveau new trial affirms we happened at trial level stands remand with instructionse repentance at a new trial with these orders US supreme courts Federal court of last resort lama llantl er this you39re done no do overs will review cases for judicial error rejects 25 of cases shallow or first look look at paperwork writ of certiorari writ of cert a confirmation that you39re in mi original jurisdiction iate response l Education BA in anything e c BAR is a 3 t Court Room 1 m w as 92311 5 ars no specialties JD for all t Xtensive dedicate time and complete honestye asks everything about haracter and fitness committee review your applications decided if you39re day exam in some states 2 practice law job experience learned as you go you fit to be a lawyer hen Participants clerk of court handles major public documents copy of sees plea is lesser charge sentence documentation crucial for accuracy Bailiff jury39s bitch court room security city or federal court recorder 511995 down eve y u impoLtant for ap1ellant curt to know details of case here clement told the epic story of the insane old woman that protect and secure the room and climate of room we r i Prosecutor lawyer who try g to put yo jail oving case against you sci called solicitors Also attorney general district attorney city attorney etc has MOST power in court room can call a case at their leisure whenever they want basically controls the court calendar 1 w u 1 m 6 Judge determines the law in the case keeps it lawfully fair mits or excludes evidence based on the la and lawyers objections based on stated law ga rder can keep the court mum from media no public statements sentences defendant if gu y 7 Jury but are not always right or impartial determines facts of these are everyday people do best they can City Level or Magistratee 6 of them se wants as many as can gete magistrate can try for Gen Sess 8 Defense Attorney awy39er keeping you out of jail can get via mo hiree private attorney can get via charm freee pro bono reef public defender not completely immersed can get via state thlS can be bad can be very overeworked 92611 Court Room Proceedings law enforcement OR the prosecutor has e decision as to what your charge should be This is usually the prosecutor Either can change the charge if needed or reduce it after the Right to a bail hearing bail or bonde used interchangeably 8th amendmente bail cannot be excessive The word excessive is based on relativity SCe possession of weed cannot be higher than fine or considered excessive can be denied a bonde usually an extreme case like facing the death penalty obviously bonds discriminate against the poore they can39t pa cash bond pay up front to the court or jail who passes it along show up to courte you get the cash bond money back E Re Personal Recognizance Bo bond has a monitory figure attached to it but don39t have to pay it to get out t if you don39t show up to court you pay sign your name and they le if you can39t afford it go to a bail bondsmen or bonding company their salary some of it is for insurance this money you don39t get back Trial Requirements u t be competent relates to the defendants state of mind at the time of trial mus understand charges and assist in defe se IF NOT incompetent and trail is put off until competent must not be insane at the time of crime relates to defendants state of mind insane is for life a nervous breakdown but may dismiss severi PreeTrial Motionse asking for court and judge to make a specific ruling Motion for a Speedy Triale rare not usually filed Usually a slow trial helps a defendante time jades things st immediately file the motion or you waive your rights Motion for a Continuanc e asking for more time due to 1 Motion to Sequestere nessese must be out of roomisolated so that the don39t change stor Jurorse government pays for all jurors to in same hotel controls information n tv cell phone computers calls monitored by police newspapers minus articles about case which would be cut out no unmonitored visits terrible boring extremely difficult this was done OJs trial for 9 MONTHS high media cases Motion to Suppress or Excludee trying to keep some evidencefacts away from jur often has nothing to do w fact of case to prevent from discrimination extraneous information or every piece of info ab client won39t happen Why It Might Go Through legal search Motion to Severe charges or codefendants largese can only try one charge at a time here 0 at each separate crime eceives fair and unbiased penaltie Codefendantss if you commit crimes With another and that person looks bad to the jury you can be tried separately This is RARELY granted Motion to Dismisss end case before it starts Wo conviction With reaso ex violation of double jeopardys can 2 K d be tried tWice for same incident s of Dismissal W or Wo prejudice With Prejudice39 except fedst case Will never come back up again Without Prejudice sealed if prosecutor Wants to bring it back up it can happen you don39t ask or W prejudice until dismissal is granted it is always Wo unless stated or if you ask and are granted it 92811 Contd Motion for Discover efense asking prosecution What evidence they39ve got to know What to defend against Some things they Will still not be required to give but Will get confessions Weapons drug analysis t Trials Jury or Bench Trial Ju select a jury Who then decided if you are guilty or not Bench don39t select a jury but only try case in front of a judge Who decided if you are guiltynot This is for one issue only cases Was it legal or not Jurys defense stac jury With people they believe they Will see things their Wa void dire asking potential jurors questions to guess where they will stand for case Profile jurors on appearance job Where they live if details of case apply to them ex r e Were they raped Was anyone they are close to ra Striking or Challenging the Jury tory Strikes or Strikes for Cause Trying to stack the jury to lean your W oth sides get to do this Take people off you don39t Want by strikingchallenging Peremptorys can strike blackball a jury for We reason you Want only get so many peremptory strikess limited run outs sucks you can39t strike anyone else Causes must give a very good reason that if the juror is accepted that the Client Will not have a fair tria In Tri l rders Opening Statementss the nly thing can be said is the factsevidence that the jury Will hear or can 0 but fact based must be careful that all evidence introduced is se or it looks bad State presents its case against the defendant e pictures drugs etc Close case then defense makes midstrial verdict asks the judge to say your client is not guilty bc state has failed to prove guilt Will probably not get your Way but alloWs for defense later over 93011 Defense Presents Case sometimes defense doesn39t have a case ts defendant on the st d Closing Arguments 0 sides argue their case and tie the ca e u vince jury to see things their Way and to then rule their Way Judge Will charge the laW to the jur judge reads pieces of the laW so they can regulate guilt or absence of guilt based on facts Jury Deliberates decides their devisionverdict f guilty the judge can overturn if necessar jury nullificatiorr prosecution proves case jury can come back W a not guilty verdict guilty sentence happens right then can file an appeal Overall justice is the goal of the trial 10311 Sentencings government sanctions for violating the la What they39ll do 0 you if you violate the laW mpllSh deter people from crime pre General Deterrencessentence to make an example of c teach everyone else a lesson Spe ific Deterrencessentence to specifically punish Incapacitations some people just can39t be taught and so they are locked away Rehabilitations probation or parole requirements and motivation necessary to reform Retribution get the bad guy back if the victim really got it bad rape need therapy victim needs to feel safe for the rest of their life What Can Affect Sentencing I Pre Sentence Investigation Reports background check by an officer are you a reasonable citizen aside from crimes can you do rehabilitation or must you be locked away incapacitation Th officer has a lot of power and is really unbiased because not involved at court II Victim Impact Statements Victim tells judge what happened the aftermath effects and what they feel is just for the sentence This can be face to face or through a letter Structures of Sentencing every state is different I Determinant Sentencings a number of years for sentence SC has this II Indeterminate Sentencings a range of years for sentence you will determine this based on your rehabilitation and effort while in sentence III Mandatory Sentencings some crimes have a mandatory minimum that you have to serve sci 1st degree burglarys 15 to lif IV Sentencing Guideliness like a grid based on facts of case where you fit into the grid yo r time will be listed makes it more fair V Truth In Sentencings serving the actual time that you were sentenceds not cheating the city people want to know that if you get a particular sentence you serve it Offends victims police for their efforts community involve Must serve 85 of time sentences the time cut off is for behaving while serving Defendants that are Mentally Ill must define lDSaDItY here it is used as a legal term jury decides insanity most usually don39t believe it AGAIN insanitys defendants state of mind at the time of the incident Difficult to rove insanity but jury will NGRIs not guilty by reason of insanity guilty but mentally ill 0 Public usually is angrys believe worst that insanity is false 10511 Death Penalty Electric Chair or Lethal Injection SC Methods Other methods Hanging Firing Squad Gas Chamber Most common method in US is lethal injections 38 states have it now Antisdeath penalty must have legal or technical reasons to avoid death penalty cruel and unusual punishment not unusual bc US law therefore common is it cruel sometimes electricity doesn39t always complys cannot be controlled lethals several drugs given to you one paralyzes one kills but is very painful states rule that lethal injection is cruelunusual 2 innocent people can become convicted if you are killed and were innocent there is no undoing death How Innocent People Get to This Point mistakes happen officia misconducts lying or hiding info witnesses law enforcers prosecutors DNA now used in cases but this wasn39t always so many people get out of death row due to DNA 3000 suspects released 1997 101411 REVIEW Civil Courts goal is compensation money Criminal Courts goal is justice Appellant Courts court of appeals have already lost a case END OF INFO FOR TEST TWO BEGINNING OF INGO FOR TEST THREE 10711 Juvenile Justice System lonial timesi reated as adult after age 7 t mens raei believed that 18th 19th Centuries when found guilty of crime all treated the heir age of accountability you knew right vs wrong by that age men wo en childreni l in same j il cells harsh conditions bad things happened to those women and chil re Juvenile Re ormatoriesi est r several rea s o c ild was incorrigiblei can39t be controlled child was disorderlyi committing crimes violating laws ild was vagranti homeless had to break laws to survive into your family if parents aren39t doing job protecting and caring for Juvenile Courts handling children that aren39t being controlled t up for juveniles whose welfare is threatened authority over children who are status offenders authority over juvenile delinquents estatus offensesi only apply to children based on status of age may not be a crime but not allowed to do acts based on age garettes skipping schoo criminal offenses that apply to both kids and adults EX shoplifting always a crime victimized at home EX ci Del inquencyi Juvenile Court System I Intake Clerk opens court files manilla file keeps all couit documents very important has initial authority to determine child39s fate can divert child away from court system and deal w another way T pre trial intervention b behavior contracts a contract that juvenile signs w caurt if they behave agrees to behave if followed won39t get put through syst sometimes a juvenile commits a crime and eventually gets tried by adult court rape murder adult crimes second offenders are more likely big crimes big kid adult court prosecutor has to try to get jurisdi tion moved to adult court waver or certification rrgtb defense has to counter that children are redeemable II Judication Hearings skip system have a long future no jury not a tri juvenile will not be found not guilty or guilt judge determines if juvenile is status offender delinquent or neither assuming court decides if one or the other disposition hearings a judge may order detention or detaining may be residentiali live elsewhere DJJ department of juvenile justice roup homes hell kids out of bad homes juvenile boot camps military style difficult usually short term lesson learned fast b juvenile probationi very common CkleS drug tests etc c anything that defense attorney can think of 39n child s best interests creativity welcomed if best for kid court prefers that someone pays for we this is 111 Juvenile Murderers mostly male mostly kill w guns school shooting perpetratorsi usually white middle class signs of depression feel alone and decide that only option is to kill Options of prevention zeroitolerance schoolsi no weapons obviously no guns or knives also plastic knives and little things crack down on bllllleQ so ates children and makes them feel aloneworthless dealing w bullies is dlfflcu1t sneak increase police in schools truant officeri looks out for students in classes e you do what you have to doe go to cla a no death penalty for juvenile offen e under 1 i can only give you life wo parole 101011 Crime in America Key concept mole effective oui Us ciiminal justice system is at least that39s what we believe 1950s war on violent Crime political campaigns advertised crime crackidowns and were greeted well iolent crime rate has drastically decreased over past 50 years less crime in US 19705 war on drugs 50 million people dependent on illegal drugs in U A although tobacco legal kills the most but aws much stricter on that now too drug trade negatively stresses international relatio s weed and hash trade border wars Canada blames USA like we blame mexico Afghanistan highest producer of heroine in world highly addictive drug in that you can39t stop once you start Crystal Metlr everyone really bc you can cook it up yourself more prominent in USA drug will ruin youi age country will do drugs on own no one39s fau t but commit a crime everyone has computers Selling Online t e e are some things you can39t sell online body parts like donor kidneys this protects poor people from ruining themselves for S urine drug users pay for clean urine to cheat drug tests firearmsi can39t just sell one as there are many rules on firearms can39t own one if you are a juvenile or lack a license deteriorate Key Concept every own Cyber Crime using computers to ore modern since 2 Internet Gambling identity theft leading consumer complaint stealing credit numbers rarely take all info to become you 101911 Tips For Tests come to class and stay awake take your own notes look up words that you don39t know group words concepts and ideas together distinguish btw terms and concepts read the textbook 102411 There was a time when we did not use jails and prisons Before 1600s used capital punishment death penalty ust killed you corporal punishment physical pain brandedi pain and specifically marked by crime public punishment mutilationi cutting off a body part sually cut off tongue can t eat Or ears Until 1800s Public ridicule and pain in the stocks extremely painful torture device Ducking stool tied to stool or pole then ducked underwater Don t drown but almost and repeatedly Whipping to point that back would be torn open A good amount of these people actually died from whipping England decided that criminals weren t learning Criminals to Australia and America Countries were based off of these criminals not civilized countries before this so they enslaved and transported JAILS Early Jail Conditions in USA Xtremely inhumane still somewhat is South used convict lease system s were run by country sheriff Criminals were leased out to work often on plantations plantation owners paid the sheriff at the end of the week Sheriffs falsely arrested many people to work for cash dropped charges after TWO WAYS TO GO TO JAIL When you get arrested for a crime go to jail Sentencing 90 days or less then sentences are served in jail DIFFERENT TYPES OE JAILS y jallS run by city police Aka municipal jails County jallSj run by sheriffs department Average inmates 87 males 13 females Different sections for different sexes PRISONS US Prisonsi fastest growing system in the world 44 increase since 1980 crime rates are decreasing we lock people up for a lot of things US Prison Typesi Again 91 days or more Federal Prisonsi after a conviction for a federal crime Most common crime to get there drugs Run by federal bureau State Prisonsi after a state conviction in a state court Decide which prison win state prison will you go to Are you violent or not Murderers vs Eorgers Different security needed Gang affiliationsi no opposing gangs in same prison What services do you nee dical etc Private Jails or Prisonsi private parties run for profit Government pays and agrees to setiup Cut back on services incentive of profit cheaper for government Run more efficiently but lacks some comforts of jailsprisons Huge business and still growing PrisonJail Life Issues Contrabandi any item not allowed into jailprison Ma be perfectly legal in every other place Money cell phones coffee in many Sign outside jail lets you know and anything warden deems bad Security Levels Minimum securityi dorm style with slews of men in a room fenced so for DODleOleDt offenders Let out of room and out about Escape from here is known as walkiaway c you really can just walk out Medium securityi living in a cell with cellmates some protection from others till open doors communication with other prisoner mates possible Max securityi tight security SuperiMax Security is also within this prison ouses death row and solitary confinement 102611 Incarcerating Issues Poor Preparation Many are not prepared to refinter society Almost all prisoners will refinter socie Only 20 do full time maxingiout most get out earlier 3300 die in prison per yea Convicts have hard times getting jobs no money to eat wo crime Many don t want them as neighbors employers Populations and Separations a General broad whole prison b HIVAIDS populations win prison system arated all need doctors meds etc easier service together 2005 over 25000 HIV positive inma es in US Females are more likely to be HIV than males In prison c Hepatitis d Tuberculosis o C and D need special meds too D has special air system to not spread disease to others e Mentally Ill prisoners are mentally White female prisoners have highest rate win prison system Causes problems but prison system has to deal with it Poor Health Care Very basic minimal Must write down on a slip to request medical Someany time later someone may come to help 103111 Options Instead of Prison Intermediate SaDCtIODS restrict freedom wo a prison lock 0 n i iversion Programsi divert defendant away from court system a Do not get convicted or sente PTIi PreiTrial Interventioni pay do classes finish dismissed AEP or ADPi Alcohol Education or Diversion Programi Pay do classes finish dismissed II Probationi granted instead of prison tim very common a suspended sentence give sentence but then suspend it upon Probation Probation age ts Handle 80100 people at a time overworked Babysit clients Successful if probationers complete probation Have a lot of hats that law enforcement case workers work w community service Judge decides if probation will be granted In SC can only get 5 years of probatio vantages they wear39 Defendant is free work school Less expensive than prison for community Rehabilitation in real world Can be revoked if rules aren t followed Requirements HaveGetKeep a job Have to have a specific place to live No alcohol or drug use even if over 21 If violation may receive a violation warrant via probation agent May be sent to prison Intensive Probationi more active w a en Home Confinementi stay inside house maybe w electronic monitoring lectronic monitoring is limite 11211 Shock Incarcerationi Boot Cam ighly regimented lots of discipline shaved heads uniforms military style am finish sentence prison system d ug offense alcohol youthful offenders To get ask judge to recommend shock after sentence If there is room 11 program you qualify may get in program and out of prison Great value if you have lots of time in sentence done in 90 days instead Qualify charge age physically able Parolei conditional release before prison time is served Parole hearing happens before parole board to get out They can deny you Right to hearing but not right to parole t be evidence that you are getting rehabilitated k Must have a place to live with an address Proof of this Must have a job Already arranged Need help for this from employers and familyfriends Attempt at Restitution if victim is involved at case d you try to pay backmake up for damage done Can pay back in prison if you work get 35 cents a day Getting out on parole can be difficult for the offender because they make no decisions In real world decisions are a big part of our lives and responsibilities Steps in between that help Furlough prisoners sent home for a weekend and sent back sometimes repeatedly n look for jobs helps with transition into home life can look for place to live Then go back to prison 2 Work Release leave prison during day to go to a job then go back at night Huber laws Some companies make arrangements for workers from prisons Often really bad jobs but these people are happy to do it Money made prison takes some out for rent food etc Some money is taken out for victims impact fund Some money is put into restitution fund Some money is put into a savings fund for the prisoner 3 Halfway House Xiprisoners live together in a communal house community Transportation help curfews pay for rent and food but cheap Conditions of Parole eport regularly up to agent but usually once a month Keep 30 Let them know where you live must have permission for any changes Drug testing no drugs or alcohol while on parole regardless of age f you test positive can revoke you or send you to treatment Restitution responsible to make it up ay for hospitals funerals etc Can be revoked if rules aren t fol owe 45 complete and do ok Public hates parole but it is beneficial Benefits Limited prison space Model inmates get out to make room for bad ones to stay Convicts must go by society s rules for this time on parole Takes into consideration that many convicts learn their lesson MaxpOut max out your sentence in prison Serve full time Many think that they can t do parole so finish sentence Many don t have the option of parole 20 of inmates will max out 80 either get out on parole OR die in prison Pardon aka Clemency Releases a person from the governmental consequences of a conviction Will not erase the conviction from your record Locking down not letting you vote lifted Granted by the governor or the president Apply for it Many get pardoned after prison time but not many during Looking for a period of good citizenship Civil Consequences 66 of people committed of crimes are due to drug offenses hard to get a job due to prejudice or risk don t know how to get jobs no documentation don t go home to get your possessions birth certification social security card expired drivers licenses can t get accepted to schools a ly for college competition Criminal record puts you at the bottom scholarships can t get government ones bc you don t qua i y ousing can t get a place to live lose your right to vote unless you get a pardon but you can run for office END OF INFO FOR TEST Test 0 11411 Section 4 Beginning of INFO FOR TEST IV TWO General Fat 1 N of Criminal Laws 1 Substantive T e do s and don t of criminal laws The Substance of law Don t shopliftrapemurder Every culture has these laws 2 Procedural Once suspected of crime the processprocedure of prosecution Investigations arrest bond hearing preliminary hearing trial sentence Applies to every substantive criminal law How much crime is actually occurring Violent crime has been decreasing steadily over the past 30 years in USA a FBI produces the uniform crime report where we get these statistics ty rates of crime as well help cities know what needs to be done b Crime clock every 17 seconds a burglary happens How often to specific crimes happen Info for this comes from law enforcement reports Crime most commonly reported larceny stealing safety of campus records of crime on campus Selfireports criminal calls in their own crimes anonymous surveys Balancing Individual Rights and Power of Government ernment Constitution a Men who drafted it has intense mistrust of government after England b Wrote Constitution and Bill of Rights to protect us from governmental overireaching agave power to individual over government Freedom of speech you can say what you need to say Most countries don t have this 4th Amendment freedom of searchseizures Your business is your own unless illegalcaught Private life is not the governments business rrantsi exception 6th Amendment Trial by Juryi a huge right Reason didn t want gov to be one to Investigate sentence and charge can t hold all the power 5th Amendment against selfiincrimination Can t beat you up for info or twist your words These can protect criminals but also protect our rights Constitution gives us rights all of us even criminals When in fear people usually choose safety over freedom r 911 searches for safety at transportation services We give up rights and don t get them back Governments Right to Suspend Freedom 1 otect common welfare ase can be locked down to prevent spread of illness f you don t get treatment or until you do 2 To ensure order win society Stop signs required to stop 3 To protect us from one another a minal law shoot people get locked away from people EX 139 in Delaware if you are a sex offender a Y is put on driver s license If you know who sex offenders are protect yourself from them EX 11 W11 USA rounded up JapaneseiAmericans amp put them in camps for years ost all of their things when let go they had nothing Authority to do it but no rig t Where is the Law tatutes Law written by legislature Public subject to it after written and accepted me are bad like can t wear pants below butt Jail for that SC tattoos very recently used to be illegal b Common Law Ancient English case law Passed along orally not written down Based on precedent whatever law was still is unless overturned Evolves bc sometimes laws need to change Facts of case help in change c Case Law Cases go to court all the time same here as in England Based on earlier precedent known as judgeimade law judicial d Constitution State and Federal always subject to both AntiiMajoritarian documents based on protecting minority views Defendant is the minority rights are protec Based on Rule of Law we are governed by established principlesrules tari Decisis is in power at the time the system makes decisions regardless of who 111111 and 111411 Maintain Law and Order uman Nature needs ruleslaWs If We didn t have them there are crimes that I would commit if it Weren t a law As a society We H create the laws therefore We Will have equal expectations We have normsthings We expect of you these norms keep you in line They are enforced in a lot of different groups Informal Sanctions Family Spanked to put back inline maintain order under the adults Control actions Schools Detention Religion Enforce their special social norms if a religion can convince you that you will burn in hell then you are less likely to do it There are religions that will tell you ifyou do a particular ac Huge Society what is expected in one household may not be acceptable in the next Formal Sanctions Criminal Justice System e don t care what family you grew up inReligionor school you go to we will all be governed under one rule When you break outside social norms it is called deviant breaching a social norm Because we are so diverse in this country we have to have a formal system of control Criminal Justice System has changed a lot in past year 19601970 s US had the Vietnam war there were a lot of problems in this country It is different from the war we are in now because subject to the Dra Your father would take you to the Post Office at 18 years old to write your information down Numbers would be called weekly and monthly Younger people were the ones that would be the most effected 39Ihis war was awar that had TV cameras in the war You would hear dying words it was ugly and upsetting to hear and see this war Young people didn t believe it and got pissed off they kept trying to voice their opinion but no one would listen to them we are going to icking break Huge riots all over carnpus University buildings were being blown to bits Younger people were taking control of Universities Parents were saying what s wrong with law enforcement They realized that younger adults were more powerful then law enforcement The adults inded more law enforcement Most were white students in the white universities Called the power of law enforcement into question At the same time we had the Civil Rights Movement andwe had MLK who was headed up and was the gure head of Civil Rights Movement once again no one would listen MLK civil disobedience that s the answer peacefully disobey the law ie sitins blacks would go in to a restaurant of place of business and they would sit there they would have to be dragged out by law enforcement It stripped blacks dignity bybeing able to eat I quot A Blacks would quot why cant law enforcement deal with this Money was inded to law enforcement again Civil Rights has really made a difference sometimes they had to boycott Peaceful Whites that blew up buildings but it didn t really change anything Violence Socially we should all be able to purchase items black or white This was against the law at the time so cops werejust taking care of the law At this time our fear of law was increased This was the campaign of WAR ON CRIME Crime has decreased Things have settles down Then 911 we start questioning Criminal Justice again we through more money at it and ask for change we want law enforcement to have more power we give up our rights slowly but surely to feel more safe A er 911 we hear more about Terrorisms r organized use of violence to promote social or political change Didn t used to be an use but what the hell were those white people doing during Narn they were using terroristic activities We want to be heard and do this for a purpose Opposed to what MLK did in a peace il way if you are going to disobey do it peacefully It was the white ones causing the trouble but the blacks did it in a peace il way There are two different ways that Criminal Justice is supposed to play out Generally there are two ideas Crime Control Model If you believe in this model or theory lets control crime do whatever we can do to fight crime Protecting victims rights we want to live safe Focused on efficientjustice Arrested Convicted Jail Considered the more conservative Don t want appea s Due Process Model Fair Process if government or law enforcement want to control you if you believe in this theory you believe in protecting innocent humans that are being convicted 39Ihought as to be innocent until proven guilty Protects the rights ofthe accused Presume that they are innocent This is the more liberal approach pro defense Gives the chance of appeals The problem is no one is sure ofwhat cases are being held up for no reason or for reasons If you believe in Crime Control there are going to be mistakes of locking up innocent people Due Process let him have an appeal another chance Bad People commit crimes vs Good People don t es tend to commit more crimes Ex Salem Witch Trails thought that witches were evil therefore they commit crimes Wron Now we use Criminology to decipher crime we are looking at why people commit crimes we are focused on trying to make us safer Not all deviant behavior is committing crime deviances opposing a social norm not evil not criminal but doing something of opposite to norm ex Tattoos sagging pants Deviance is not criminal but all crimes are deviance Theory of Why Crime Happens 1 Differential association theory some people believe crime is a learnedbehavior the ip side that is it is learned you can unlearn Most used in criminal justice system toda Education is the response 2 Classical Theory Some people believe committing crime is a choice Based on Plain Pleasure Principle People will do things to take away pain You are c oosing pleasure and choosing to avoid pain Rational Free Choice 3 Psychological 39Iheory Some people believe that crime is caused by psychological state you are merely expressing what s going on in your head Maybe needed for programs to work on people thoughts 4 Biological 39Iheory some believe crime in innate it is not an act offree will I cant help it I was born thisway To prove this theory they have figured out through biology ie body shape are you small and fat are you more likely to commit crimes Genetics Phrenology This is studying the bumps on your skull to try and project if you are more likely to commit crimes Sociological Theory Bad environment causes crime Social Groups and Social institutions create the conditions that lead to criminal behavior The believe that society determines criminal behavior Social disorganization creates criminals ie poverty u employment inadequate housing school problems violent media On occasion poverty does o en cause crime As a society lets work on employments and housing No one of these theories actually prove maybe a little bit of each Steps in a Criminal Case 1 e ore you can commit a crime there has to be a law in this country it means it has to be written down There must be an act that violates the law on the boo s Categories in crime Mala En Se Category of crimes that ifjust wrong and you know it We know that its wrong at our core Malum Prohibitum Crimes that are not evil in themselves a society will run smoothe with these laws that the government has put in ie stop sign nothing is inherently evil but as a society we have agreed that we should prohibit 2 There is some kind of investigation DNA samples finger prints witnesses search warrants Cop saw you do i Ifthey don t see you or have evidence you will not be guilty 3 Options Diversions rwe are going to divert you away from Criminal Justice System programs usually used for juveniles under the age of 18 Probabable Cause Cops must have facts that show that a crime was committed and you were involved NOT MERE SUSPISION ocument the circumstances of the arrest Must take evidence into custody legally Ex Terry vs Ohio pat down case not based on probable cause but suspicion suspicion is less the probable this was based on facts known to the officer that the crime was about to happen or happening right now Cop pats him down and nds a gun and turns in evidence he turned in gun legally because he had suspicion Cop needs to make sure that the suspect is being arrested Once they arrest you and taken to jail you will be booked in they can hold you for two days max if they haven t charge you Charge vs Prosecute you The cop oes to arrest you and if you co operate he will help you get things dropped by not prosecuting you First appearance go in front ofjudge for the rst time set bailbon 111611 Preliminary Hearing request it held before magistrate rmine if there was probable cause and then if you will try or dismiss Probable Cause facts of crime involvement andjurisdiction Grand Jury indite you will not be tried ine probable cause andthen move you to trial other chance pretrial to get the case dismissed If no facts that connect you to case you will be free to go Plea Bargaining done in every case done in most cases ely is there anything to argue about in court iffacts are there they are there Usually get a lower sentence if you plea Bench or Jury trial Bench judge decides guiltJuryjury decides guilt Treated as innocent until proven guilty Fair Due Process Right Judge decides sentence Probation instead ofprison Prison go to it Parole prison but get out early Lfyou don t like trial results you can le for an appeal a er sentence Every state is different and the federal system is different from all states Victimology The study of victims and the patterns of victimization Why are some victimized while others are not Longterm consequences Prevention mographics who is most likely to become a victim Those already socially or nancially troubled are more likely to be victimized Minorities poor people women solely rape Rape is the least reported crime MEN are most likely to be victimized Unmarried people Youth more likely to commit crime A es 1224 most likely to be victimized Elderly have the lowest rate of victimization of any age group Robbery Crime most likely to occur by an armed offender Individuals are more likely to be robbed than banks gas stations etc TimeLocation factors More likely to be victimized Late at night helps explain the elderly Unprotected areas Urban people National Crime Victimization Survey atistics and conditions of victims Surveys victims but not homicide the dudes dead Only half of all violent crimes are reported to law enforcement This survey helps to clue enforcement on to total numbers 1 Victim perpetration theory victims play a part in their own victimization W can they prevent being victimized Choices that set them up for being victimized don t do This does not mean that the victim can be blamed 2 LifeStyle 39Iheory a Activities if you engage in them you are more likely to be victimized Ex illegal activities crack house hangouts river night b Associations enhance the likelihood of being victimized by grouping The people you hang out With do they steal Antisocial people or Wildly violent people may take things out on others Test Review Take Final Anyways she can drop it ifit s the Worst ck absences they are im 0 Informal Sanction anything that enforces behavior other than the crju system Primary Impact vs Secondary Impact Secondary the responses of people or institutions of victimization that lead to revictimization Primary nancialpsychological responses ofvictim39 tion Biological 39Iheory Differential association Terry vs Ohio based on reasonable suspicion pat clown case Uniform Crime Report statistics on crime Sta rw decisis aka precedent Men are more likely to be victimized except in sex crimes CHAPTERS 1 2 3 Common law actual case going to court w a decision made Precedent the decision Law evolves overtime is based on precedent but changes Ancient English case law based on precedent that evolves e law luw determines facts of case only Social vs criminal justice hard to determine between them Rights of the victim any changes that were the results of the victims rights movement Grand Jury something that you never see decide whether to formally indite charge you Know percentagesfigures given in class Know mentione amendments 15t free speech 4 search and seizure 5M silence 6m trial rights 8t cruelunusual or bail Plea bargaining can take place all the way uptothe verdict d i always sentences Classical theoryi Preliminary hearing by request etermines presence probable cause Inditementi determines trial or no trial based on probable cause Beginning of INFO FOR TEST IV ook Chapters 1 through 3 Two General Categories of Criminal Law 1 Substantive aka the SUBSTANCE The do r and don t of criminal laws X Don t shopliftrapemur er Every culture has variations of these laws Procedural aka the PROCEDURES of prosecution Once suspected of crime the procersprocedure of prosecution EX Investigations arrest bond hearing preliminaryhearing trial sentence Applies to every substantive criminal law W much crime is actually occur 39 g Violent crime has been decreasing steadily over the past 30 years in USA a Uniform crime repor FBI producer thir where we get crime statistics Looks like a catalog ofc 39 n City rates of crime as well help cities know what needs to be done Crime clock Every 17 seconds a burglary happens How o en to speci c crimes h en Info for thir comer om law enforcemen port Cr39 most commonly reported larceny steali am us cri C 39me reports safety of campus records of crime on campus Hate crime statistics Selfreports criminal calls in their own crimes anonymous surveys Balancing Individual Rights and Power of Government 1 Our Government and Our Constitution Men who dra ed it had intense mistrust of the government after England b Wrote Constitution and Bill 0 R39 i To protect us from governmental overreaching ii Gave power to the individual over the government Freedom of speech you can say what you need to say ost countries don t have this 43911 Amendment freedom of searchseizures Y ur business is your own unless illegalcaught Private life is not the gove s business arrants exce tion 63911 Amendment Trial by Jury a huge right Reason didn t want gov to be one to nvestigate sentence and char ov can t hold all the power against selfincrimination eat you up for 39 These can protect criminals but also protect our rights Constitution gives us rights all ofus even criminals When in fear people usually choose safety over freedo er 911 searches for safety at transportation services When we give up rights we don t get them back 11 Governments Right to Su T 53911 Amendment c info or twist your words spend Freedo o rotect common weli are a se can be locked down to prevent spread of illness If you don t get treatment or until you 2 To ensure order win 39 a Stop signs required to stop 3 To protect us from one another a Crim39nal law shoot people get locked away from people Ex I in Delaware ifyou are a sex offender aY is put on driver s license f y I ou know who sex offenders are protect yourself from them Ex 11 WWII USArounded u Er eA 39 3 pm them in quot 1 t d quot1 camps for years Lost all oftheir things when let go they had nothing Authority to do it but no right Where is the Law a Statutes Law written by legislature Public subject to it a er written and accepted Some are bad like can t wear pants below butt Jail for that SC tattoos very recently used to be illega b Common Law AKA CASE LAW Ancient English case law Passed along orally not written down Based on precedent whatever law was still 39 H A Evolves bc sometimes laws need to change Facts of case help in change c Case Law Common Law continued Cases go to court all the time same here as in England Based on earlier precedent known as judgeimade law iudicial d Constitution State and Federal always subject to both AntiiMajoritarian documents based on protecting minority views Defendant is the minority rights are protec e Based on Rule of Law we are governed by established principlesrules Stari Decisis the W tern 39 39 re ardle ofwho is in power at the time 111111and111411 Maintain Law and Order Human Nature needs ruleslaws Ifwe didn t have them there are crimes that most would commit if it weren t a law As a society we create the laws therefore we will have equal expectations We have normsthings we expect these norrns keep you in line They are enforced in a lot of different groups Informal Sanctions Family Spanked to maintain order under the adults Control actions Schools Detention Religion Enforce their special social norms o if a religion can convince you that you will burn in hell then you are less likely to sin Huge Society what is expected in one household maynot be acceptable in the next Formal Sanctions Criminal Justice System Don t care what family you grew up InReligionSchool you go to we will all be governed under one rule When you break social norms it is called deviant breaching a social norm Because we are so diverse in this country we have to have aformal system of control Criminal Justice System has changed a lot in past years 19601970 s A Vietnam War 0 There were a lot ofproblerns in this country Different from the war we are in now because everyone was subject to the Dr Fathers would take sons to the Post Of ce at 18 years old to write information down Younger people were the ones that would be the most effecte Media covered this war and everyone at home was upset and enraged by what they sawheard Huge riots all over carnpus University buildings were being blown to bits Younger people were taking control of Universities Parents were saying what s wrong with law orcement 0000 0 They realized that younger adults were more powerful then law enforcement The adults inded more law enforcement 1 m t 39 4 in the 39 39 39 39 Called the power of law enforcement into question B Civil Rights Movemen MLK was the gure head of Civil Rights Movement 9civil disobedience peacefully disobeying the law i e sitins blacks would go in to a restaurant ofplace of business and they would sit there theywould have to L A A hv law enforcement It I I 439 quot by being able to eat and use public restaurants downtown Blacks would be killedbeaten why cant law enforcement deal with this Money was inded to law enforcement aga1n Civil Rights really made a difference via boycotts Peaceful Whites blew up buildings but it didn t change anything Violence Socially we should all be able to purchase items black or white This was against the law at the time so cops werejust taking care ofthe law At this time our fear of law was increased This was the campaign of WAR ON CRIME Crime has since decreased September 11 2001 911 we start questioning Criminal Justice again we throw more money at it and ask for change we give up our rights slowly but surely to feel more safe Terrorismr organized use of violence to promote social or political change Opposed to what MLK did in a peace il way if you are going to disobey do it peace illy There are two different ways that Criminal Justice is supposed to play out Generally there are two ideas Crime Control Model Doing whatever we can do to f1 tcrime Protecting victims rights we want to live safely Focused on ef cientjustice Arrested Convicted Jail Considered the more conservative approach No appeals Due Process Model Fair Process Protecting innocent humans that are being convicted Innocent until proven guilty therefore protecting rights of the accused Presume that they are innocent This is the more liberal approach pro defense Gives the chance of appea 5 Crime Control there are going to be mistakes in locking up innocent people Due Process lets them have an appeal another chance General Assumption Bad People commit crimes and Good People don t Males commit more crimes Ex Salem Witch Trails thought that witches were evil therefore they commit crimes Wrong Now we use Criminology to decipher crime are looking at why people commit crimes we are focused on trying to make life safer Not all deviant behavior is committing crime Deviances opposing a social norm not evil not criminal but doing something of opposite to norm ex Tattoos sagging pants Deviance is not criminal but all crimes are deVIance Theory of Why Crime Happens 1 Differential association theory me people believe crime is a learned behavior Most used in criminaljustice system today uca on is the response 2 Classical Theory Some people believe committing crime is a choice Based on Plain Pleasure Principle people will do things to take away pain You are choosing pleasure and choosing to avoid pain Rational Free Choice 3 Psychological Theory Some people believe that crime is caused by psychological state You are merely expressing what s going on in your head You therefore need help 4 Biological Theory Some believe crime in innate it is not an act of free will I can t help it I was born this way To r 39 39 biolo and quot A 394 who is more likely to commit crimes Phrenology studying bumps on skulls to decipher who is more likely to commit crimes 5 Sociological Theory environment causes crime Social Groups and institutions create conditions that lead to criminal behavior Believing that society determines criminal behavior Social disorganization creates criminals ie poverty unemployment inadequate housing school problems violent media On occasion poverty does often cause crime Social responsibility for employment and housing is the response None of these theories can actually be proven but all have certain truths to them Basics of Criminal Cases Before you can commit a crime there has to be a law stating that the act is criminal In this country it means that it has to be written down There must be an act that violates the law on the books Categories in crime Mala En Se Categories of crimes that are just wrong and primitively we all instinctively know it We as human beings know that certain actions are wrong at our core 1 Malum Prohibitum Crimes that are not evil in themselves a society will run smoother with these laws that the government has put in ie stop sign nothing is inherently evil but as a society we have agreed that we should prohibit There will be some kind of investigation A samples finger prints witnesses search warrants Cop saw you do i Ifthey don t see you or have evidence you will not be guilty Options Diversions rdiversion from Criminal Justice System via programs Usually used forjuveniles under the age of 18 Probabable Cause ops must show that a crime was committed and that you were involved NOT MERE SUSPISION Document the circumstances of the arrest Must take evidence into custody legally Ex Terry vs Ohio pat down case not based on probable cause but suspicion This was based on facts known to the officer that the crime was about to happen Pats him down and finds a gun and turns in the evidence Cops ensure that the suspect is being arrested Once they arrest you and take tojail you will be booked in they can hold you for two days max ifthey haven t charged you Charge vs Prosecute you The cop goes to arrest you and if you cooperate he will help you get things dropped by not prosecuting you First appearance goes in front ofjudge for the first time set bailbond 111611 Preliminary Hearing Must reguest it is held before magistrate Determines ifthere was probable cause and then will try or dismiss Probable Cause facts of crime involvement andjurisdiction Grand Jury Indite you will not be tried 1quot 39 cause andthen move you to trial iffound or Another chance pretrial to get the case dismissed If no facts that connect you to case you will be free to go Plea Bargaining one in most cases Very rarely is there anything to argue about in court iffacts are there then they are there Usually get a lower sentence ifyou plead Bench or Jury trial Bench judge decides guiltJury jury decides guilt Treated as innocent until proven guilty FairDue Process Right Judge decides sentence Probation instead of prison Prison go to it arole prison but get out early Lfyou don t like trial results you can le for an appeal a er sentence Every state is different and the federal system is different from all states Victimology The may at victims and the patterns at victimization Why are some victimized while others are not Longterm consequences Prevention Demographics who is most likely to become a victim Those already socially or financially troubled are more likely to be victimized 39 orities poor people women solely rape Rape is the least reported crime MEN are most likely to be victimized Unmarried people Youth more likely to commit crime A es 1224 most likely to be victimized Elderly have the lowest rate of victimization of any age group Robbery Crime most likely to occur by an armed offender quot 39 like tn he rnhhed than banks as stations etc TimeLocation factors More likely to be victimized te at night helps explain the elderly Unprotected areas Urban people National Crime Victimization Surve Statistics and conditions of victims Surveys victims but not homicide the dudes dead Only half of all violent 39 to law enforcement This survey helps to clue enforcement on to total numbers 1 Victim perpetration theory How victims glgy a mm in their own victimization How can they prevent being victimized Choices that set them up for being victimized don t do This does not mean that the victim can be blamed 2 Lifestyle Theory a Activities if you engage in them you are more likely to be victimized Ex illegal activities crack house hangouts river ni b Associations enhance the likelihood of being victimized by grouping The people you hang out with do they steal Antisocial people or wildly violent people may take things out on others Test Review Take Final Anyways she can drop it if it s the worst Check absences they are important Informal Sanction anything that enforces behavior other than the crju system Primary Impact vs Secondary Impac S condary Impact the responses of peopleinstitutions to victimization that leads to revictimization Primary Impact the financialpsychological responses of a victims victimization Biological Theory Some believe crime is innate it is not an act of free will Differential association Some people believe crime is a leamed behavior Most used in criminal justice system to ay Education is the response C Terry vs Ohio based on reasonable suspicion pat down case Uniform Crime Report statistics on crime Starry decisis aka precedent Men are more likely to be victimized except in sex crimes CHAPTERS 1 2 3 H Common law actual case going to court w a decision made Precedent the decision Law evolves overtime is based on precedent but changes Ancient English case law based on precedent that evolves A case law Jury determines facts of case only Social vs criminal justice hard to determine between them Rights ofthe victim any cnan e Lnat fthe victims 39 Grand Jury something that you never see decide whether to formally indite charge you Know percentagesfigures given in c ass Know mentioned amendments 1 free speech 43911 search and seizure S39h silence 63911 trial rights 8 cruelunusual or bail Plea bargaining can take place all the way up to the verdict Judge always sentences Classical theory Some people believe committing crime is a choice Based on Plain Pleasure Principle people will do things to take away pain You are choosing pleasure and choosing to avoid pain Rational Free Choice Preliminary hearing by request rmines presence probable cause Inditement determines trial or no trial based on probable cause CIT an
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