First Midterm on Criminal Justice System PDF

First Midterm Spring 2025 Sample Question Which of the following is NOT one of the essential elements of a crime? a.Actus Reus (the guilty act) b.Mens Rea (the guilty mind) c.Harm d.Concurrence (the coexistence of act and intent) e.Victim Sample Question Which of the following i...

First Midterm Spring 2025 Sample Question Which of the following is NOT one of the essential elements of a crime? a.Actus Reus (the guilty act) b.Mens Rea (the guilty mind) c.Harm d.Concurrence (the coexistence of act and intent) e.Victim Sample Question Which of the following is not one of the main components of the Criminal Justice System? a.Law Enforcement b.Corrections c.Judiciary (Courts) d.Legislature (Law-making body) Sample Question The cases that are reported in the media do not adequately reflect the bulk of cases processed through the justice system. Which of the following models explains this phenomenon? a.Due Process Model b.Crime Control Model c.Rehabilitation Model d.Restorative Justice Model e.Wedding Cake Model Sample Question Which of the following is the main difference between criminology and criminal justice? a.Criminology focuses on the enforcement of laws, while criminal justice studies criminal behavior. b.Criminal justice is theoretical, while criminology is practical. c.Criminology deals with court procedures, while criminal justice involves research on crime causes. d.Criminology focuses on criminal behavior, while criminal justice examines practical and policy responses to crime. e.Criminal justice is concerned with punishment, while criminology focuses on legal defenses. Explaining Juvenile Delinquency Many of the original criminological studies testing theories were studies of juvenile delinquency When considering labeling theory and social construction, the very decision about whether to label behaviors as criminal, delinquent, or both is socially constructed Application of criminological theories may vary between adults and juveniles 6 Three main components of the Criminal Justice System Law enforcement (Police) Courts Corrections 7 Police Enforce the law Maintain Order Provide protection services Monopoly over the use of legitimate violence! 8 Courts Determine guilt and punishment Sentencing Judges and Prosecutors and Lawyers 9 Corrections Supervise and Counsel convicted offenders Prevent future crime Protect Public 10  The Juvenile Justice System What is it? – Policed the same way but discretion applies – A system through which cases involving juvenile offenders are processed – Juvenile courts, juvenile detention, and juvenile correction agencies exist and are adjoined to adult corrections agencies What is the relationship between the juvenile justice system and the criminal justice system? Are there many differences? 11 12  The Justice Process (Please look at page 7) The process is composed of various stages – Investigation – Arrest – Booking – Initial appearance: Magistrate – notification of charges, rights, bail decisions. – Preliminary hearing (some jurisdictions) – Probable Cause: Crime committed – by the suspect. – Dismiss charges/schedule trial – Grand jury or information: Prosecutor makes the case, seeks indictment. 13  The Justice Process – Arraignment: After indictment, notified of the charges, pleads guilty/not guilty – Trial:10%, proof beyond reasonable doubt – Sentencing: Judge – incarceration, probation, fines, restitution, death penalty – Appeals: Appellate court – Accept/Reject – Sanction: Delivery of the sentence: Prison vs Jail – One year or more – Release. Complete sanction/Pardoned/Paroled/Appealing conviction/Acquit 14  The Justice Process Cases do not always flow from one stage to the next Cases may drop out of the process at any point Specific jurisdictions have rules and guidelines regarding justice process Juvenile justice process flows differently than adult justice, depending on the nature of the case Seriousness of various types of cases influences how they are processed 15  Crime Control and Due Process Models The justice process has been described in various ways – Herbert Packer (1968), The Limits of the Criminal Sanction Two models – Crime control: Efficiency, Success, Cost benefit. Processing cases like an Assembly line – Due process: Human Rights, Avoiding Mistakes – Obstacle Course 16 Why is CJ Political? Politics is striving for: Share of power Influence the distribution of power Power: Achieving one’s own goal even against the resistance of others Power and politics always relates to access to resources, material and social. 17 Why is CJ Political? Government officials Laws are political Politics of Budgeting Appointed by politicians or elected Local/State/Federal Politicization of Crimes Obsession with Crime: Be tough Rights are political 18  Criminal Justice vs Criminology Criminal Justice: How to make it more efficient… Criminology: How to understand… 19 Legal Elements of Criminality Scholars have identified five elements – Commission of an act – Criminal intent – Concurrence – Causation – Harm 20 Crime as an Illegal Act Without Defense A defense is a legal strategy that defendants use to establish that they should not be found guilty of a specific crime – Alibi defenses 21 Legal Elements of Criminality Intent is a complicated legal concept – For the act to be considered a crime under the criminal law, the offender must have intended to commit the action Four types of intent – General intent – Specific intent – Transferred intent – Criminal negligence 22  Scenario 1 Judy, 34, is driving to her workplace. She is in a hurry because she is about to miss a very important meeting. If she misses the meeting, she likely to get fired. So, she speeds and runs a redlight. As a result, she causes an accident thereby killing the other driver. Judy did not know the person who was killed. 23 Crime as Juvenile Delinquency Different sets of laws exist for juveniles and adults Most states define juveniles as individuals under the age of 18 Status offenses are offenses that are illegal for juveniles, but not for adults – Running away – Drinking alcohol – Smoking tobacco – Skipping school 24 Social Perspectives of Crime Some individuals focus on how society creates definitions of appropriate and inappropriate behavior From the social perspective, crime can be defined as – A violation of norms – An ethical violation – A social construction – A social justice issue 25 Crime as a Violation of Norms Norms are accepted standards for behavior and conduct – Deviance is used to refer to the violation of norms; deviants describe individuals who break the norms The concept of mores – Norms that are based on moral beliefs Folkways – Norms that are based on rituals or customs 26 Crime as an Ethical Violation Ethics are moral principles that are used to determine right from wrong To some individuals, violations of ethical codes are crimes Natural law is also referred to as moral law – Natural crimes are violations that everyone agrees are inappropriate Examples: murder, rape, incest They are often referred to as evil crimes (mala in se offenses) 27 Crime as a Social Construction How society decides to label certain behaviors as crime Social constructionists argue that a number of political and social factors influence societal decisions to attach the label of crime to certain behaviors Social constructionists focus on the process of defining acts as deviant or illegal 28 Crime as a Social Justice Issue Social justice is a belief in fairness and equality among all human beings – Social problems: homelessness, poverty, mental health issues Advocates of social justice argue that in order to address crime, social problems must be addressed 29 Behavioral Perspectives of Crime Focus on the specific actions of an individual, the harm caused by those behaviors, and whether those behaviors can be captured within broader conceptualization of crime From this perspective, crime can be classified as – Harmful conduct 30 Survey Research and Criminal Justice Involves researchers asking respondents a series of questions and drawing conclusions from the responses There are five types of surveys – Face-to-face – Telephone – Mail – Electronic – On-site administration 31 Survey Research and Criminal Justice Who is surveyed in criminal justice research? – Active offenders – Incarcerated offenders – Victims – Criminal justice practitioners – Members of the public – Criminal justice officials 32 Measuring the Extent of Crime An accurate awareness about the extent of crime serves several purposes including – Explaining crime and demographic trends – Understanding cultures and subcultures – Measuring quality of life – Promoting evidence-based prevention strategies – Developing evidence-based policies 33  Strategies Used to Measure Amount of Crime Data is useful in developing specific crime prevention and intervention strategies Three main strategies – Uniform Crime Reports – National Crime Victimization Survey – National Incident-Based Reporting System 34 Uniform Crime Report (UCR) Created in 1930 Administered by the FBI Collects data about crimes reported to the police More than 18,000 police departments across the U.S. report information Findings are published each year – Crime in the United States 35 UCR Categorizes Part I and Part II offenses – Part I offenses (the most serious) include Criminal homicide Forcible rape Robbery Aggravated assault Burglary Larceny-theft Motor-vehicle threat Arson (added in 1979) – Part II offenses (not as serious) 36 UCR For Part I offenses, the UCR includes data on all of the following – Specific crime rates – Frequency of crimes cleared by the police – Demographic characteristics of suspects – Crime trends 37 Criticisms of the UCR Database does not include crimes that are not reported UCR mischaracterizes the crime problem Law enforcement agencies underreport or overreport crime when completing monthly crime reports 38  National Crime Victimization Survey (NCVS) Collects information directly from U.S. residents to asses their victimization experiences Created in 1972 after Johnson Commission called for data to increase the understanding of the “dark figure of crime” Has undergone various changes since it was created Funded by the Bureau of Justice Statistics and data is collected by the U.S. Census Bureau 39  National Incident Based Reporting System (NIBRS) Administered by the FBI Created in the late 1980s Lack of agency participation Captures information on a broader range of offenses Which agency provides more accurate data? 40 Crime Patterns Criminologists have demonstrated how crime varies across – Age – Region – Race – Gender – Community – Social class – Time 41 Age and Crime Crime is a “young person’s game” – Age-crime curve – Bulk of offenses are committed by younger individuals (between the ages of 15 and 24) – Phrases “Aging out” “Maturation hypothesis” “Criminal career” 42 Age and Crime Adolescent limited offenders who age of out crime Life-course persistent offenders who continue to engage in crime throughout their lives (“the criminal career”) 43 Region and Crime The south has the highest rates of both violent and property crimes “Southern subculture of violence” – Used to characterize the higher crime rate found in the south 44 Race/Ethnicity and Crime UCR data shows that Blacks/African Americans are overrepresented in each offense type Systemic inequality could be another explanation for the offending and victimization differences between Whites and minorities Driving while black 45 Gender and Crime Vast majority of crimes committed by males Suggestions that explain the different offending patterns between males and females – Chivalry hypothesis – Parenting hypothesis – Biological explanations – Socialization explanations/gender role hypothesis – Accomplice hypothesis – Methodological explanations 46 Communities and Crime Certain types of crime are more likely to occur in certain communities than others – Research shows that drunk driving is more likely to occur in rural communities 47 Crime and Time Research shows that crimes tends to vary across time, in terms of time of the day, day of the week, day of the year, and month 48 Social Class and Crime Six possible reasons that have been cited to explain ties between class and crime – Stress from poverty – Lower class values – Violence leading to lower social class – Inequality breeding crime – Inequality breeding differential treatment from the justice system – Methodological limitations 49 Serious – Not So Serious Felony vs Misdemeanor Murder, manslaughter, rape, kidnapping, grand theft, robbery, burglary, arson, conspiracy, and fraud, as well as attempts to commit them. Shoplifting, Simple Assault, Harassment, Criminal Mischief, Disorderly Conduct, Possession of Drug Paraphernalia 50 Violent Crime Violent crimes are those that cause direct physical harm or threat of physical harm to victims Types of violent crimes – Homicide – Assault – Violent sex crimes – Robbery 51 Violent Crime: Homicide Homicide refers to the killing of one human being by another – Murder It is divided into different degrees First degree – homicides that are premeditated and deliberate Second degree – homicides that are not planned but are intentional Felony murder rule 52 Scenario 1 Person A and Person B and agrees to kill Person C. First, they rob a store to get a gun. The store owner fights back and Person A shoots him dead. They travel to Person C’s place, put him in a car and kill him in a remote place and abandon the scene. 53 Scenario 2 A husband kills his wife after an arguments. In the minutes before shooting his wife, the husband grabbed her phone as she tried to call for help. Then as she tried to run out the door for help, he caught her and threw her down on the ground and locked the door behind them and fired two shots killing her. Later, a neighbor reports that the husband threatened the wife: “if you divorce me, I will kill you” 54 Scenario 3 A person is riding a motorcycle when a marked police car tries to pull the motorcyclist over for speeding. The police car turns on its emergency lights and siren and gets behind the motorcyclist. But the motorcyclist does not pull over and thinks that she can outrun the police car and avoid getting a ticket. So, the motorcyclist picks up speed and tries to flee from the police car. As the motorcyclist does this, she runs a stop sign. Another car swerves to avoid hitting the motorcycle in the intersection but accidentally hits a pedestrian as a result. The pedestrian dies from being hit by the car. 55 Violent Crime: Homicide – Manslaughter Classified into voluntary and involuntary manslaughter – Negligent homicide Accidental (or unintentional) killings where the offender should have reasonably known that their behavior could lead to someone’s death 56 Scenario 4 A husband who has just discovered that his wife has been having an affair may lose control of his emotions and kill his wife in the heat of the moment. 57 Scenario 5 Elmer runs a red light and hits a pedestrian. The pedestrian dies. 58 Scenario 6 A nurse miscalculates the necessary dosage of medicine for a patient, and the patient dies. 59 Violent Crime: Assault Common law assault and battery – clear distinction was made between the two Today, legal definitions do not distinguish between the two; both are merged into the offense of assault – Degrees of assault (first, second, etc.) – Aggravated and simple 60 Violent Crime: Assault Gun violence – Guns are routinely used in many types of violent crimes and property crimes Family violence – Data suggest that individuals are more likely to be harmed by someone they know than by a stranger – Child abuse (or child maltreatment) 61 Violent Crime: Assault Intimate partner violence – Abusive behaviors that occur between partners – It is also referred to as domestic violence, spouse abuse, partner violence, and couple violence – Johnson – Two types of violence that occur in families Patriarchal terrorism Common couple violence –Stalking is a type of intimate partner violence 62 Violent Crime: Assault Elder abuse – A type of family violence – It is defined as “any criminal, physical, or emotional harm or unethical undertaking advantage that negatively affects the physical, financial, or general well- being of an elderly person” 63 Violent Crime: Assault School violence – Refers to violence that occurs in a school setting – School shootings are rare – Cyber bullying Hate crime – Refers to situations where one is targeted for victimization because of their demographic characteristics (gender, race, religion, health status, or sexuality) – Gang violence 64 Violent Sex Crimes Refers to the various types of rape that are committed Rape “the carnal knowledge of a female, forcibly and against her will.” New Definition: (2012) “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” 65 Violent Sex Crimes – Child sexual abuse Refers to sexual abuse committed against children – Date rape Victims and offenders know one another, are not married, and are not related Drugs and alcohol are often involved It is a concern on college campuses 66 Violent Sex Crimes – Marital rape Refers to instances where spouses (typically husbands) sexually assault their wives – Elder sexual abuse Refers to a range of sexually oriented behaviors that target older victims 67 Violent Crime: Robbery Defined as taking another person’s property by force or threat of force Younger offenders Victims Appear to have monet Appear to be lost Other criminals Elders – in the morning School age – after school Urban Perpetrators: Robin hood Market Dispute Turf Wars Status Personal 68 Property Crimes Occur far more often than violent crimes Are crimes that target an individual’s property rather than their physical person Common property crimes – Larceny-theft – Shoplifting – Identity theft – Plagiarism 69 Property Crimes Larceny-theft – Specific elements: (1) taking, (2) someone else’s property, (3) with intent, (4) to keep the property Degrees for NJ: Petty/Grand, 2nd, 3rd, 4th. Shoplifting – Involves larceny-thefts where individuals steal from a store 70 Property Crimes Identity theft – Stealing someone else’s background Plagiarism – Stealing the intellectual property of another Burglary – Unlawful entry into a structure with the intent to commit a felony 71 Property Crimes Motor vehicle theft – Refers to instances when individuals steal automobiles, not when thieves steal items from automobiles Arson – Occurs when individuals intentionally set a structure on fire 72 Public Order Crimes Refers to a class of crimes that appear to be victimless, but are classified as crimes because of the belief that they harm the public order one way or another – Alcohol-related crimes Public drunkenness offenses, underage drinking crimes, and drunk driving laws – Prostitution Refers to situations where individuals provide sexual behaviors in exchange for money 73 Public Order Crimes – Decriminalization debates Drunkenness, narcotics and drug abuse, gambling, disorderly conduct and vagrancy, abortion, sexual behavior, juvenile delinquency Summary Offences: 74 Crime within Complex Organizations “Any physical or nonphysical illegal act that is committed within an organizational context and seeks to further individual or organizational goals, regardless of the social status of that individual or organizes crime” – White-collar crime – Occupational crime – Corporate crime – State crime – Organized crime 75