Week 2 Lecture & Reading Notes
Week 2 Lecture & Reading Notes CJ 100
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This 9 page Class Notes was uploaded by Matt Owens on Saturday January 24, 2015. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Spring2015. Since its upload, it has received 165 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 01/24/15
Matt Owens Intro To Criminal Justice January 21 2015 More on White Collar Crime Embezzlement Embezzlement The fraudulent conversion of another s property by a person who is in a position of trust such as an agent or an employee 0 Example Accounting embezzlement I Attorney looking over a trust of 1000000 I Takes a couple thousand of dollars a month from that trust Tax Evasion Tax Evasion Perpetrator attempts to avoid paying taxes they would otherwise owe Ranges from filing tax forms with false information to illegally transferring property so as to avoid tax obligation Money Laundering Money Laundering Criminal act of filtering illegally obtained quotdirtyquot money through a series of transactions designed to make the money appear legitimate quotcleanquot 0 Drug trade I Filter the money through multiple accounts to attempt to quotcleanquot it up Bankruptcy Fraud Bankruptcy Fraud Concealing assets to avoid having to forfeit them 0 Failing to admit about a second house or another account with money Intentionally filing false or incomplete forms Example Petition Mills 0 Agency that claims to restructure your money to help you avoid bankruptcy and keep you from being evicted 0 Some are fake scams that swindle you for the rest of your money Insurance Fraud Insurance Fraud Refers to any duplicitous twosided act performed with the intent to obtain an improper payment from an insurer 0 Guy intentionally drives his Bugatti into a lake and claims he was avoiding hitting birds in order to avoid paying for the car and to earn more money than the car was worth Hard Fraudquot deliberate destruction vs Soft Fraudquot Exaggeration 0 Hard Fraud Burning down your house because it s worth much less than your mortgage 0 Soft Fraud Exaggerating an injury claiming more lost assets than true Life Insurance Fraud Fake your own death to claim your life insurance money and your family receives the money as you live in some desolate place outside of the country Counterfeiting Counterfeiting Somebody copies or imitates an item without having been authorized to do so and then passes the copy off for the genuine or original item 0 Examples money designer clothing handbags watches etc 0 quotBootlegquot Which federal agency is tasked with investigating counterfeit US Currency 0 The Secret Service Insider Trading Insider Trading Trading of a company s stocks or other securities by individuals with access to confidential or nonpublic information about the company 0 Martha Stewart Arrested for this crime 0 Does not have to apply with actual insiders 0 Any behindthescene knowledge used is considered insider trading Bribery Bribery Corrupt solicitation acceptance or transfer of value in exchange for official action 0 I scratch your back you scratch mine 0 Kickback Must prove quid pro quo Latin for something for somethingquot Police officer pulls you over and says he ll let you out of a speeding ticket for 100 Credit Card Fraud Credit Card Fraud Form of identity theft that involves an unauthorized taking of another s credit card information for the purpose of charging purchases to the account Two main types Application fraud and account takeover Application Fraud Somebody fills out a credit card application with your information and use the card under your name Account Takeover When somebody literally takes over your account and makes purchases on your account Phone and Telemarketing Fraud Phone and Telemarketing Fraud Any type of scheme in which a criminal communicates with the potential victim via the telephone Obtain info from victims when acting like a legitimate company fake checks tell them they are overpaid o Impersonating IRS in order to get your account information o Fraudulent criminals will send you fake checks and call you claiming to be your insurance agency and say they overpaid you and you need to pay them back Phony fundraising targets tragedies and natural disasters Cons Cons persuade someone to do or believe something typically by use of a deception o Nonexistent home electrical or plumbing repairs 0 Fortune teller who persuade people to bury their money to lift the curse 0 Foreign countries to transfer money Matt Owens Intro to Criminal Justice January 23 2015 The Constitution The Constitution 0 The Supreme Law of the United States The first three articles establish the separation of powers legislative executive judicial o Protects us from the government becoming too powerful Concerns over a centralized power The Bill of Rights Antifederalists argued that the Constitution needed provisions that protected individual rights liberties and freedoms o Federalist What if you leave out one on accident 0 9th amendment protects against this First 10 amendments to our Constitution Designed to limit the power of the federal government Federalism o Federalism Division of power between state and federal governments Protections originally applied only against the federal government Barron vs Baltimore 0 Federal government was strictly limited but state government was not until the 14th amendment Protection against the government First Amendment Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the Government for a redress of grievancesquot 1st Amendment The Great Amendment Freedom of religion press speech assembly and petition Guarantees that Americans can share the information they need for a robust public debate on issues and to act on these issues Categorized as freedom of expression Common debate today Do we really have free speech How the First Amendment Applies to Criminal Justice Trial by Media trial reaches verdict before jury does Sheppard v Maxwell Supreme Court overturned conviction because media publicity had prevented a fair trial 15t amendment freedom of press vs 6th amendment right to fair trial Freedom of Assembly and Petition Large protest movements think Occupy Wall Street Internet instant access to events via YouTube SOPA Stop Online Piracy nternet censorship Freedom of Press Press is called the 4th Estatequot 0 Be a watchdog over the other 3 Estates 0 Don t see as much investigative journalism these days Corporate owned mainstream media The internet is another branch of the media Second Amendment Often cited as the right to bear armsquot A well regulated militia being necessary to the security of a free state the right of the people to keep and bear arms shall not be infringedquot 0 Debate Collective right Or individual right District of Columbia v Heller 2008 Second Amendment protects and individual s right to possess a firearm in federal enclaves Previously had a handgun ban in homes 0 McDonald v Chicago 2010 Second Amendment applies to individual states under the due process clause of the 14th amendment Third Amendment Quartering troops No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in a manner to be prescribed by lawquot Fourth Amendment The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seizedquot Warrant Written court order instructing that a certain act be carried out 0 Must have probably cause in order to obtain a legitimate warrant o In order to obtain a warrant one has to go in front of a neutral judge and present evidence that shows probably cause 0 Have to be specific on what you re looking for Protection against unreasonable searches and seizures Probably Cause legal justification for an arrest search or seizure based on sufficient reason to think a crime has been committed Reasonable Conclusion 0 Search warrants Authorities have to go before a neutral judge or magistrate and demonstrate probable cause Exclusionary rule Prohibits courts from considering illegally obtained evidence 0 Really enforced the 4th amendment Fifth Amendment Protects you against giving evidence against yourself via confession take pleading the Fifthquot Protection against selfincrimination Miranda rights Double Jeopardy Doctrine Prevents authorities from trying you twice for the same crime at the same level of court Guarantees due process Constitutional guarantee of fairness and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one s life liberty or property Sixth Amendment Guarantees criminal defendants the right to a fair trial Ensures that defendants are brought to trial soon after they are charged speedy trialquot 0 Speedy trial does not really happen Trials are held in public Fair and impartial jury o Iury amongst your peers Seventh Amendment Specifically dealing with civil court Right to a jury trial in civil cases 0 Easier for a prosecutor to win in civil court than criminal court Eighth Amendment Protection against excessive bail 0 Can t pay bail or not given bail stay in jail until your case 0 You do not have a constitutional right for bail Protection against excessive fines Protection against cruel and unusual punishments Ninth Amendment Provide exibility in the Constitution Just because a particular right is not mentioned does not mean that it doesn t apply Unenumerated rights rights that are not specifically laid out or given in the Constitution Right to privacy Tenth Amendment States rights not specifically mentioned in the Constitution Essence of Federalismquot division of power between state and federal government The Fourteenth Amendment Guarantees due process and equal protection Not technically part of the bill of rights but helps us understand our rights 0 Due Process Clause Equal Protection Clause Regardless of race ethnicity gender etc you have same rights Matt Owens Intro to Criminal justice Ianuary 22 2015 Pages 397 398 Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the Government for a redress of grievances 0 Freedom of religion speech press assembly and petition Amendment 1 A well regulated Militia being necessary to the security of a free State the right of the people to keep and bear Arms shall not be infringed 0 Right to keep and bear arms in order to maintain a well regulated militia Amendment III No Soldier shall in time of peace be quartered in any house without consent of the Owner nor in time of war but in a manner to be prescribed by law 0 No quartering of soldiers without consent Amendment IV The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized 0 Freedom from unreasonable searches and seizures Amendment V No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Iury except in cases arising in the land or naval forces or in the Militia when in actual service in time of War or public danger nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation 0 Right to due process of law freedom from selfincrimination double jeopardy Amendment VI In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor and to have the Assistance of Counsel for his defense 0 Rights of accused persons right to a speedy and public trial Amendment VII In Suits at common law where the value in controversy shall exceed twenty dollars the right of trial by jury shall be preserved and no fact tried by a jury shall be otherwise reexamined in any Court 0 the United States than according to the rules of the common law 0 Right of trial by jury in civil cases Amendment VIII Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments in icted 0 Freedom from excessive bail cruel and unusual punishments Amendment IX The enumeration in the Constitution of certain rights shall not be construed to deny or disparage other retained by the people 0 Other rights of the people Amendment X The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively or to the people 0 Powers reserved to the states
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