IN CLASS Criminal Justice Notes (Unit 1) PDF

Chapter 1: Crime & Criminal Justice What is Crime? ➔ Social Control: consists of rules/habits/customs a society uses to enforce conformity to its norms (always had a form of control) if there was no control/rules, it would be a chaotic/dangerous society ➔ Crime: violation of laws of...

Chapter 1: Crime & Criminal Justice What is Crime? ➔ Social Control: consists of rules/habits/customs a society uses to enforce conformity to its norms (always had a form of control) if there was no control/rules, it would be a chaotic/dangerous society ➔ Crime: violation of laws of society by a person/group of people who are subject to the laws of that society ➔ Justice: administering of a punishment or reward in accordance with morals that given society considers to be correct (what way may consider justice in the US may be different in other countries) ➔ Criminal Justice: social institution that has the mission of controlling crime by detecting, detaining, adjudicating, and punishing and/or rehabilitating people who break the law (think of system as a living organism: always changing over time) We must use what Sociologist C WRIGHT MILLS called… ➔ Sociological imagination: “The idea that we must look beyond the obvious to evaluate how our social location influences how we perceive society (our social class, race, age, gender, and other personal things that have happened to you impact our thinking) CJ System & Process: - The CJ System comprises various agencies from different levels of government, each with a mission to deal with some aspect of crime (federal, state, local) about 18,000 federal, state, local agencies nationwide - When a law is broken, the CJ system must respond to the name of society, not individual people (ex: state vs defendant) Law enforcement, courts, corrections - Cases begin with contact with a law enforcement agency - Proceed to the courts which determine guilt (if any) and prescribe sentence for the guilty - The convicted them move to correctional system where punishment/treatment are administered - At each step of the process, CJ officials decide if the case should continue to the next step or not LAW ENFORCEMENT: - Police officers are typically first responders to crime, therefore make initial contact (traffic the most) - Upon making contact, police officers seek to determine the causes and perpetrators of the crime through investigation. They gather evidence, preserve crime scenes, and interview  victims/witnesses. And then those who are suspected of breaking the law are arrested/taken into custody. They are advised their constitutional rights, questioned, and subjected to limited freedom until further processing. - Once an individual has been arrested, the booking process takes place. This process involves activities such as fingerprinting, taking photographs (AKA mugshot) and in some cases collecting DNA evidence from suspect - ROLE OF LAW ENFORCEMENT: Initial contact->investigation->arrest-> booking COURTS: - if the prosecutor office decides there is enough evidence to proceed with the case, it will charge the suspect with the crime - The prosecutor may decide to dismiss case at this major decision making point ➔ Preliminary Hearing: process designed to determine if there is a reason to believe a law was broken ➔ Arraignment: Court appearance where the defendant is formally charged with a crime and asked to plead guilty, not guilty, or nolo contendere (I do not wish to contend/no contestant) ➔ Adjuification: action of administering a legal process of judging and pronouncing a judgment (legal process of solving dispute or deciding a case) - ROLE OF COURTS: charging-> preliminary hearing->arraignment->plea bargaining-> adjudication->sentencing CORRECTIONS: - At this part of the punishment, the offender may have to pay a sum of money or serve all or part of a sentence outside of prison or jail - Offenders serve sentences less than a year in a local jail and sentences longer than a year are in in a state or federal prison - Probation: Before someone goes into correctional facilities - Parole: after serving part of a sentence - ROLE OF CORRECTIONS: Incarceration->reentry->parole DUE PROCESS AND CRIME CONTROL MODELS: ➔ Due Process Model: describes expectation of a just and fair justice system. Each stage of this process is designed to obstruct the movement of suspects further along the justice process. Because the due process model recognizes the role of human error ➔ Crime Control Model: describes the expectation of an efficient criminal justice system. Based on the idea that the repression of the crime is the most important function of the criminal process Aspect of Criminal Justice Crime-Control Model Due Process Model System Most important function To repress crime; a necessary To deliver fundamental fairness condition for meaningful of the law and due process communities and a free society Ideal concentration Victim’s rights before the Defendants rights. Protected defendants rights expressly by the Bill of Rights, before victim’s rights Police power Expanded powers to investigate, Limited to prevent oppression arrest, and search suspects of individuals by the state Legal limits Legal technicalities that Criminal justice authority obstruct the police should be should be held accountable to eliminated the rules, procedures, and guidelines embedded in the Constitution Emphasis on Efficiency VS The criminal justice system A person should be found guilty technical correctness should operate like an assembly only if the government has line that moves cases efficiently followed legal procedures in its through disposition processing of the case Main Objective To discover the truth and To correctly follow legal establish the factual gift of the procedure in establishing the accused factual guilt of the accused HOW CASES MOVE THROUGH THE SYSTEM: - It is useful to envision the CJ system like a funnel in which cases move downward toward their final disposition. The problem is is that the funnel is too small to hold all of the cases, so a large amount of leakage occurs ➔ Discretion: power of a criminal justice official to make decisions on issues within legal guidelines Many offenses are excluded for different reasons, including - Cost: cannot afford to spend the money and resources to have a totally crime-free society - Discretion: (Power CJ official has to make decisions within legal guidelines) in deciding what happens to individual cases. Good judgment and philosophy goes into making decisions about cases. - Errors: Sometimes cases fall through the cracks. Everyone is human and makes mistakes. It is a high stress role, and sometimes things slip through the cracks. Error in judgment can also occur. WEDDING CAKE MODEL: ➔ Top Layer: smallest layer but receives most attention - Unusual or gruesome murders; serial murders and mass murders, mysterious missing-persons cases; cases involving famous people, etc - (OJ Simpson, Oklahoma City Bombing) ➔ Second Layer: Less serious felonies (more involved in everyday life, which is why the crimes are not as sensationalized as the top layer) - Rape, murder, manslaughter, robberies, etc ➔ Third Layer: less-serious felonies that typically do not involve fatalities - Burglary, larceny, aggravated assaults, etc ➔ Bottom Layer: consists of misdemeanors, or minor offenses - Traffic violations, minor drug violations, shoplifting, minor assault, etc TYPES OF CRIME: ➔ Corporate Crime: offenses committed by a corporation’s officer who pursue illegal activity in the corporations name ➔ White Collar-Crime: non-violent criminal offense committed during the course of business for financial gain - Corporate crime is committed by individuals acting on behalf of a corporation, often involving illegal activities that benefit the company financially. White-collar crime, while also non-violent and financially motivated, typically involves individuals committing fraud or deceit during business operations for personal gain. Both types can have significant economic impacts but differ in their organizational context. ➔ Street Crime: Small-Scale, personal offenses (homicide, rape, robbery, assault, burglary, vandalism, etc) (people are most aware of these crimes) ➔ Larceny: a form of theft where an offender takes possessions that do not belong to them, with intent of keeping them ➔ Arson: any willful or malicious burning or attempt to burn a dwelling, public building, motor vehicle, aircraft, or personal property of another ➔ Burglary: Breaking into and entering a structure or vehicle with intent to commit a felony or a theft. ➔ Robbery: taking or attempting to take anything of value from the care, custody, or control of someone by force or threat of force or violence and/or by putting victim in fear OFFENSES AND OFFENDERS: ➔ Felony: offenses punishable by a sentence of more than a year in state or federal prison and sometimes death  ➔ Misdemeanor: minor criminal offense punishable by fine/jail time up to a year ➔ Violent Crime: most severe penalties, including capital punishment, are reserved for those who commit violent crime - Personal violent offenses like murder/rape are the most devastating and most feared of all offenses-recieve most media coverage - In 2019 there were 22 death penalty executions ➔ Property Crime: larceny-theft, motor vehicle theft, and arson are dealt with by criminal law (crime rates are measured by the FBI) - Burglary is different from larceny-theft - Larceny is the way of taking something with the intent of keeping it - Robbery is taking anything by force/threat of force or putting victim in fear - Motor vehicles involve theft of most self-propelled vehicles that run on land surfaces - Arson involves purposely set fires (willfully or maliciously set) ➔ Victimless Crime: involves consensual interactions/behaviors that offend power groups of society (offends community standards) who have succeeded in having their concerns/sensibilities elevated to the level of criminal law - Drug use/sales, loitering, gambling, prostitution, vagrancy, disorderly conduct, and liquor law violations CHAPTER 2: HOW CRIME IS MEASURED AND WHO IT AFFECTS WHO IT AFFECTS: VICTIMS OF CRIME: - Topologies of crime victims - Incidence of victimization - Categories of victims HOW IS CRIME MEASURED: Logistical obstacles to effectively and efficiently measuring crime 1) Problems with definition - (varies between jurisdictions and different laws-interpretation is varies from different fields) 2) Problem with resources - Not every agency has the same resources - Do they have the personnel to import info in reporting system 3) Problems with politics  - Some politicians Try to redefine things so it is not put into a reporting system. May hold off reporting until after an election so crime rates look better ➔ Dark figure of Crime (WILL BE ON FUTURE ASSESSMENTS): crimes that occur that do not get reported - Crime that has been reported to the police and is recorded by them. It is in official statistics. Crime that has been not reported or recorded, this is the “dark figure” of crime - Think of it like an iceberg: the small amount showing is what is reported, and then the rest underneath is hidden WHY A CRIME MAY NOT BE REPORTED: 1) Offender is family member/friend 2) Victim believes it was trivial or the potential penalty is too grave for the harm done 3) Fears reprisal: often in DV cases 4) Victim has dislike toward law enforcement 5) Victim may have broken laws as well or is embarrassed by circumstances of the crime White collar and Corporate Crime: - Crime committed for financial gain - White Collar and Corporate crime are hard to measure: delayed knowledge of what is actually happening - Much of investigation and regulation of these crimes is not done by law enforcement - Corporations might not report white-collar offenses perpetrated against them avoid harming the companies reputation METHODS: ➔ Uniformed Crime Report: - Oldest system for collecting information - Established in 1930 - Annual publication by FBI that uses data for all participating law enforcement agencies in the US to summarize the incidence and rate of reporting crime (not required to submit) - The UCR program consists of 4 data collections: NIBRS, Summary reporting system, the Law enforcement officers killed and assaulted program, and the Hate Crime statistics program This annual publication compiles the volume and rate of 10 different criminal offenses Violent Crimes: - Murder and nonnegligent manslaughter - Rape  - Robbery - Aggravated assault - Human trafficking commercial sex acts - Human trafficking involuntary solitude Property Crime: - Burglary - Arson - Motor-vehicle theft - Larceny-Theft ➔ Hierarchy Rule: in multiple offense situations, the law enforcement agency must determine which offense occurs highest (or is the biggest crime) - Ex) one incident involves murder, rape, and robbery: offenses recorded in SRS (UCR): murder, - offenses not recorded in UCR (SRS) or NIBRIS: murder, rape, robbery - UCR only records highest crime, NIBRIS records all acts committed ➔ National Incident-Based Reporting System - Gathers data on each criminal act even if several acts are committed within the same complex of behavior - The advantage of NIBRIS over the UCR is that it allows law enforcement to identify precisely when and where an offense takes place, its form, and the characteristics of victims and perpetrator - Collects data for 52 offenses (versus UCR that had limited data for 10 offenses) - Collects more detailed information - Helps give content to specific crime problems: like drugs/narcotics, sex offenses, and modern crimes like animal cruelty ➔ Crime Data Explorer: - Represents profound transformation on how data from the FBI’s UCR is presented - Gateway to crime data - UCR program provided updated data from 2018 on Sept 30, 2019 ➔ National crime victimization survey: - Primary source of info on criminal victimization in the US - Attempts to measure the extent of crime by interviewing crime victims - A method for trying to ascertain the level of unreported crime - Gathers data on the frequency, characteristics, and consequences of criminal victimization from a sample of 90,000 households - Survey is administered annually by US census bureau  - Does not look at murder victims - Does not look at people under the age of 12 - Does not count for successfully completed drug transactions (buyers do not consider themselves crime victims, and do not report offenses to the victimization survey) ➔ Self-report Studies: - Individuals identify types of offenses they have committed over the study period - Important because they are not filtered through CJ system agencies - Provide a relatively accurate picture of crime without having to view the behavior through lens of law enforcement agencies or victims (both may introduce bias) - Individuals can lie about what they have/have not done VICTIMS OF CRIME: ➔ Victim: person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime ➔ Victimology: study of victims of crime and the psychological effects on them of their experiences - Stereotypically, crime victims are sometimes thought of as being completely innocent in an encounter with a predatory stranger - However, victims sometimes play a larger more complicated role in crime - Analysis of victims requires a more comprehensive view of all the crime victims role - In any case, they are still a victim of a crime they were a victim to, even if they played a role in what was caused to happen STEREOTYPES: IDEAS OF AN INNOCENT VICTIM: - Victim is weak in relation to offender - Victim is going about his/her own business - Victim is blameless - Victim is unrelated to/does not know offender - Offender is big and bad - Victim has the right combination of power, influence, or sympathy to successfully elicit victim status (ex: drug dealer, sex worker, male victim saying he was assaulted by a female) Mendelson’s Typology of Crime Victims Innocent Victim Stereotypical victim detailed as someone who did not contribute to conflict and is the wrong place  at the wrong time Victim with minor guilt Victim does not accurately participate in the victimization but contributes to it in some minor degree, such as frequently high crime areas Guilt victim/guilty offender Victim and offender may have engaged in criminal activity together, after which one robs the other. The adage “there is no honor among thieves” applies here Guilty offender/guiltier victim Victim may have been the attacker, and the offender was simply more successful in conflict. (Ex: victim picked a fight with an offender who was a better fighter) Guilty victim Victim instigated a conflict and was killed by a party who acted in self-defense. Term VICTIM is used carefully because the victim causes their own demise Imaginary victim Someone pretended to be a victim Hans Von Heting’s Typology Young Young people are more susceptible to victimization because of their immaturity and vulnerability. Adults more likely to take advantage of them Young people lack physical strength to protect themselves Lack mental/emotional maturity Females Females may not have the physical strength to ward off aggressive male attackers Mentally ill/intellectually disabled Especially vulnerable to victimization. easily be taken advantage of by bullies, scam artists, and sexual predators immigrants May have problems understanding the English language and then could be taken advantage of. For those in the US illegally, the threat of deportation can become leverage Minorities Marginalized individuals in a society. Many find themselves living in a substandard housing and experiencing high unemployment Dull normals “Dull normals” are reasonably intelligent, but are naive or vulnerable in some way. Has trouble recognizing deception by others and is prone to victimization Depressed Easily victimized because they are not on guard to the possibilities of being taken advantage of. Often gullible, easily swayed, and not vigilant The Acquisitive Tend to be greedy and be target for scammers who would take advantage of them for financial gain Lonesome and Heartbroken Prone to victimization by intimate partners. They desire to be with someone at any cost and are susceptible to manipulation by those who promise them companionship and intimacy Tormentors Are primary abusers in relationships and become victims when those whom they assault turn on them blocked/ exempted/ fighting victims Victims enter situations where they are taken advantage of because of their own culpability. Ex) people engaged in criminal activity may be victims of blackmail and be unable to report it because of their own vulnerabilities Elderly More likely to be crime victims because of their lack of strength, low alertness TYPOLOGIES OF CRIME VICTIMS: ➔ Victim-perception theory: idea that the crime victims sometimes play an active role in initiating a crime or escalating it (assault, bar fights) Most definitions of victim precipitation assert two major points 1) First, the victim acted first during the course of the offense 2) The victim instigated the commission of the offense CATEGORIES OF VICTIMS:  Direct/indirect victimization(s): Sandy Hook Elementary School Shooting - 26 people were killed (20 were young child) - Victimization extended indirectly to their families, the community, and society at large (I am an indirect victim) Domestic violence incidents: - Usually not sudden or isolated-involve years of emotional and physical abuse (cyclical with increases in severity/frequency) - Directly (parent) and indirectly (children) impacts family members Seven Critical Needs of victims Safety Protection from perpetrators and assistance in avoiding re-victimization Support Assistance to enable participation in justice system processes and repair harm Information Concise and useful information about justice system processes and victim services Access Opportunity to participate in justice system process and obtain info and services Continuity Consistency in approaches and methods across agencies through all stages of the justice process (are they getting the same information at every level of the criminal justice system) Voice Opportunities to speak out on specific case processing issues and larger policy questions Justice Receiving and support necessary to heal and seeing that perpetrators are held accountable for their actions FEDERAL LAW: ➔ Victims’ Rights and Assistance Act: provides certain rights to victims of crime - Be treated with fairness and respect for their dignity and privacy - Be informed of the steps in the CJ process - Be notified of all proceedings in the case  - Attend all court proceedings - Reasonable protection from the defendant throughout the CJ process - Consult with the prosecuting attorney about the disposition of the case - Have an impact statement included in pre-sentence report - Address the court at sentencing, or submit a written impact statement to the court - Restitution - information about the conviction, sentence, imprisonment, and release of the defendant - Information on appeal process, and any appellate decision ➔ Victim Impact Statement: account given by the victim, victim’s family, or others affected by the offense that expresses the effects of the offense, including economic losses, the extent of physical or psychological injury and major life changes Victim’s rights and assistance: “bill of rights” - Right to be informed - Right to be heard - Right to restitution - Right to protection CHAPTER 3: DEVELOPMENT OF CRIMINAL LAW ➔ Rule of Law: in context of CJ, the gov’t cannot punish any individual without strict adherence to clear, fair, and defined rules, laws, and procedures CODE OF HAMMURABI: - Laws of the ancient Babylonian king Hammurabi are some of the earliest known written laws - The laws followed the eye-for-an-eye philosophy - All complex human societies are likely to have some form of law - 250 laws-most complete ancient set of laws - The US took laws from many different areas over time MAGNA CARTA: - “Great Charter”; a guarantee of liberties signed by King John of England in 1215 - influenced many modern legal and constitutional principles - laws specified not only what rulers may do, but also what they may not do - During the American Revolution, the Magna Carta served to inspire and justify the actions in our newly forming country  - Pulled specific things (like liberties provided to each individual) - Did directly influence modern US laws because of what is protected for English citizens COMMON LAW: - laws that are based on customs and general principles and that may be used as precedent or for matters not addressed by the statute (basically,laws looking at prior legal decisions to help with future decisions that are not enacted by legislature) - Body of unwritten laws based on legal precedents (prior legal decision used to help future similar cases) established by the courts - Common law relies on detailed records of similar situations and statutes because there is no official legal code that can apply to a case at hand. - Also known as Case Law: law that comes around from other cases prior - Based on the decisions of the judiciary instead of being specified by a legislature or constitution - Sometimes called case law, judiciary law, customary law, or unwritten law - Courts are generally bound by the decisions of previous courts by the doctrine of precedent or stare decisis ➔ Stare Decisis: doctrine under which courts adhere (do what it says) to legal precedent - Legal doctrine that obligates courts to follow historical cases when making a ruling on a similar cases - Doctrine for precedent ➔ Precedent: prior legal decision used as a basis for deciding a later, similar case - Four issues guide precedent: predictability, reliability, efficiency, equality - This means judges look to previous cases with similar circumstances to see how justice was meted out - The idea behind common law is that similar cases should be treated in a similar way - precedent is not binding but case law is taken into account by the courts. SOURCES OF LAW: Constitutions, statutes, case law, administrative rules and executive orders CONSTITUTIONS: - US Constitution has a supremacy clause: federal supercede state law: Federal law takes legal precedent over state law (Ex: marjuiana) - Constitutions expresses the will of the people - The US Constitution binds legislators, societal institutions, and the citizens to a system of gov’t and laws  - Although the US Constitution does not proscribe many behaviors, it sets our some broad values that cannot be abridged by the criminal law - The First 10 Amendments of the US Constitution are called the Bill of Rights Bill of Rights: 1) Freedom of religion, speech, press, assembly, and petition. 2) Right to keep & bear arms, to maintain a well regulated militia. 3) No quartering of soldiers. 4) Freedom from unreasonable searches and seizures. 5) Right to due process of law, freedom from self-incrimination, double jeopardy.(AKA I plead the 5th) 6) Rights of accused persons, right to a speedy and public trial. 7) Right of trial by jury. 8) Freedom from excessive bail, cruel and unusual punishments. 9) Other rights of the people. 10) Powers reserved to the states. (bolded are the one’s professor recommends to have memorized) STATUTES: ➔ Statute: law enacted by legislature - Legislative bodies have developed the common law into the specific statutes proscribing criminal behavior - Published in penal codes, statutes fit in the principle of: predictability, reliability, efficiency, and equality better than the doctrine of precedent - Statutes are easier to change than the constitution - New laws are often challenged for constitutionality Ex) Michigan laws that were deemed unconstitutional - Cursing in front of women and children - Embellishing the national anthem - Duels- prohibits accepting a duel, or being present at a duel - Illegal to promote, conduct or participate in an endurance contest, like a walkathon CASE LAW: - The published decisions of courts that create new interpretations of the law and can be cited as precedent - Depends on the principle of the precedent and influenced by jurisdiction - Comes from previous judicial decisions  - Based on judicial decisions from previous cases, not laws, statutes, or constitutions (goes with common law/precedent) ADMINISTRATIVE RULES AND EXECUTIVE ORDERS - Health, environment, customs and parole agencies have the authority to enact rules that limit the freedoms of individuals within their influence - Sometimes administrative rules overlap with criminal statutes or constitutional rights and end up being contested in court TYPES OF LAW: CRIMINAL, CIVL, SUBSTANTIVE, PROCEDURAL CRIMINAL LAW Three Criteria Determine Which Behaviors are made Criminal: 1) Enforceability of the law 2) The effects of the law 3) The existence of other means to protect society against undesirable behavior CIVIL LAW: - Cases are between two individuals - Sentences involve money damages, not incarceration - Covers contracts, personal property, maritime law, and commercial law - Almost always revolves around money - Mostly local and state level, only federal with more than $75,000, or if the US government is somehow involved ➔ Tort Law: covers personal wrongs and damage and includes libel, slander, assault, trespass and negligence ➔ Double Jeopardy: prosecution of a defendant in the same jurisdiction for an offense that the defendant has already been prosecuted and convicted or acquitted - CANNOT be tried for the same offense twice - This does not preclude a crime victim from suing for private damages after the criminal trial has been concluded, nor does it protect a criminal defendant from being prosecuted by both state and federal jurisdictions. ➔ Preponderance of Evidence: burden of proof in a civil trial, which requires more than 50% of evidence be in the plaintiff's favor - to prove that something is more likely than not - Standards of proof in a civil trial ➔ Beyond Reasonable Doubt: highest level of proof required to win a case; necessary in criminal cases to procure a guilty verdicts SUBSTANTIVE LAW: ➔ law that describes which behaviors have been defined as criminal offenses - The “thou shall nots” of criminal law - Substantive laws are found in criminal codes of the state and federal governments and are the result of generations of political and social development - Homicide, rape, assault, money laundering and all other behaviors that are against the law are proscribed by the substantive law - Law that describes which behaviors have been defined as criminal offenses PROCEDURAL LAW: ➔ law that specifies how the CJ system is allowed to deal with those who break the law or are accused of breaking the law - Since substantive law specifies what individuals are not allowed to do, procedural law specifies how the CJ system is allowed to deal with those who break the law - Specifies rules of arrest, search and seizure, rights to attorneys, and attorney-client privilege, as well as other “rules of the game” - Procedural laws change with the creation of new case precedents, new laws, or new court opinions - Law that specifies how the CJ system is allowed to deal with those who break the law or are accused of breaking the law - Change with the creation of new case precedents, new laws, or new court opinions - Ex) If a piece of evidence gets messed up in the chain of custody, it might not be usable as a piece of evidence anymore SUBSTANTIVE VS PROCEDURAL Substantive Law - What It Is: Substantive law deals with the actual content of the law. It defines what actions are considered crimes and what penalties are imposed. - Purpose: It tells us what behavior is punishable and what the prosecutor must prove to show someone is guilty. - Example: If a law says stealing is a crime and outlines the penalty, that’s substantive law. - If substantive law changes, it can impact those already incarcerated (can try to appeal) Procedural Law: - What It Is: Procedural law focuses on the processes and rules for handling legal cases. It determines how the court proceedings should be conducted. - Purpose: It ensures the legal process is fair. For instance, it decides how evidence is presented, how witnesses are handled, and how a trial is conducted. - Example: Rules about how arrests must be made, how charges should be communicated, and how a trial should be CLASSIFICATIONS OF CRIME ➔ Felony: punishable by a sentence of a year + in state or federal prison or sometimes the death penalty - Considered to be the most serious type of crime - Usually multi part set up (could get parole after, or have to pay some form of fine) ➔ Misdemeanor: minor criminal offense punishable by a fine and/or jail time for up to a year - Less serious offenses than felonies and subject to lighter penalties ➔ Inchoate Offenses: Offense composed of acts necessary to commit another offense - Underdevelopment or in process - Seeks to deter people from planning and attempting to break the law - Three inchoate offenses: conspiracy, attempt, and solicitation ➔ Infractions: in most jurisdictions, a minor civil offense that is not serious enough to warrant curtailing and offender’s freedom - Violation - No right to attorney or trial (courts will not supply it but you can get an attorney if you want) - Do not merit jury trials or legal representation provided by the state - Exactly what behavior constitutes an infraction varies widely among jurisdictions - Ex: speeding in traffic FEATURES OF CRIME: Three elements (corpus delicti) must be present in order for an act to be labeled a criminal offense: 1) The criminal act (actus reus) (must be present at all times) 2) The criminal intent (mens rea) (must be present in some offenses) 3) The relationship between the actus reus and mens rea (also called concurrence) 4) Attendant circumstances (must be present in some offenses) 5) Result (criminal harm, must be present in some offenses ➔ Corpus Delicti: what makes up the crime? ACTUS REUS ➔ Actus Reus: “Guilty Deed”- occurs when a person engages in a behavior prohibited by the criminal law - Criminal act - Is there an act that is criminal? - To meet the test of actus reus, the behavior must be voluntary MENS REA:  ➔ Men’s Rea: “Guilty Mind”- present when a person acts purposefully, knowingly, recklessly, or negligently - Criminal intent STRICT LIABILITY: - Mens Rea (“Guilty Mind”) is not required ➔ Strict Liability: Offenses in which publics welfare is at issue - Narcotics violations, health and safety regulations, traffic violations or sanitation violations DOUBLE JEOPARDY: ➔ Double Jeopardy: legal principle that states a person cannot be tried twice for the same offense - This does not preclude a crime victim from suing for private damages after a criminal trial has concluded (families of Nicole Brown Simpson and Ronald Goldman VS O.J. Simpson - Protection under the constitution STANDARDS OF PROOF - Civil Trial: preponderance of the evidence - Criminal Trial: beyond a reasonable doubt (what a reasonably sane person believe that the crime was committed or not) the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. CRIMINAL RESPONSIBILITY AND CRIMINAL DEFENSE: 6 Arguments Can Be Employed in the Defense Against a Criminal Indictment 1) My client did not do it (Alibi) 2) My client did it, but my client is not responsible because they are insane (use mental health/insanity plea : has to be seen by a doctor) 3) My client did it but has a good excuse (self defense) 4) My client did it but has a good reason (self defense, didn’t know what they did was in the commission of the crime) 5) My client did it but should b acquitted because the police or prosecutor cheated (entrapment, there is question about rightensess of evidence) ➔ Entrapment: use of extreme means by law enforcement to pressure someone to break the law 6) My client did it but was influenced by outside forces (ex: driving and has a heart attack and takes someone else's life) (being blackmailed)  ➔ Affirmative Defense: a defense in which the defendant must provide evidence that excuses the legal consequences of an act that the defendant has been proven to have committed MY CLIENT DID NOT DO IT: - The best way to defend a client from a criminal charge is to show that the defendant did not do it. ➔ Alibi: a defense that involves the defendant(s) claiming not to have been at the scene of a criminal offense when it was committed MY CLIENT DID IT, BUT MY CLIENT IS NOT RESPONSIBLE BECAUSE OF INSANITY: ➔ Insanity Defense: a defense that attempts to give physical or psychological reasons that a defendant cannot comprehend their actions, their harm, or their punishment - If the defense is unsuccessful, the defense cannot negotiate for a lesser charge because they already admitted to the offense by attempting the insanity plea Some Legal Standards Used to Determine Insanity M'NAGHTEN RULE - In 1843, Danial M’nagthen was charged with murder after he shot and killed Edward Durmmond, the assistnat to the prime minister of Great Britain - At the trial, evidence showed that M’nagthen was incapable of determining right from wrong at the time of the incident, and the jury found him not guilty - The House of Lords then produced a doctrine that the jury should acquit the defendant if it found that the accused was “laboring under such a defect of reason, from disease of the mind, as not know the nature and quality of the act he was doing, or if he did know it, that he did not know it was wrong” IRRESISTIBLE IMPULSE RULE - States that although the defendant understands the nature/quality of the criminal act and understands that it is wrong, if a defendant experiences an irresistible impulse as the result of the mental disease that makes the person incapable of preventing themselves from doing the act APPRECIATION TEST - Adopted a test that requires the defendant to be unaware of what they are doing or unaware that what they did was wrong (similar to M'naghten)-shows they had lack of control DURHAM RULE - Rule asks the jury whether the unlawful act act a  product of the defendant’s insanity - Is a legal construct, and without any clear criteria for making this determination, juries must depend on intuition than medical evidence MODEL PENAL CODE TEST (ALI) - Provides another criterion determining whether the defendant is mentally ill - Not used by many states - Used to determine whether the defendant, as a result of mental disease or defect, lacks the substantial capacity to appreciate the criminality of their conduct or to conform their conduct to the requirements of the law GUILTY BUT MENTALLY ILL - This verdict says that the defendant is factually guilty of the crime but was incompetent to control their behavior - Not a justification or excuse for the crime, but reflects society’s frustrations with the line of legal vs medical reasoning that underlies the insanity defense - Under this concept, the judge can sentence the defendant to any sentence specified by the law-however they are required to address the 3 criteria in imposing their sentence: protecting society, holding offenders accountable for their offenses, and making treatment available to those with mental illness MY CLIENT DID IT BUT HAS A GOOD EXCUSE: Reasons to exempt of explain a defendant's culpability: 1) Duress: - Sometimes a person commits a criminal offense out of fear of their own life 2) Age - Common law has stated that children under the age of 7 are presumed incapable of having the necessary criminal intent for their unlawful acts to be considered crimes - For children 7-14, this presumption can be challenged, and the prosecution can present evidence that the child had the capacity to form criminal intent ➔ Infancy: the state of a child who has not yet reached a specific age; almost all states end infancy at 18 3) Mistake: - “Ignorance of the law is no excuse” is reasonable because it is impossible to determine to have known what the law is - People can make honest mistakes, and the court will consider the possibility that the defendant acted honestly and in good faith  4) Intoxication: - People who are drunk or under the influence of drugs might do things they would not normally do. However, this does not shield them from the the law MY CLIENT DID IT BUT HAS A GOOD REASON: - Justifications here are self defense, consent, and necessity 1) Self Defense: - The claim of self defense is limited to certain conditions - First, the defendant must believe that the physical foece is necessary for self protection of others - Second, the belief that the physical force is necessary must be based on reasonable grounds - Third, defendant must believe that the force used is necessary to avoid imminent danger - Finally, the force used cannot be in excess of that believed necessary to repel unlawful attack 2) Consent: - Often used in rape cases - For consent to be legitimate, it must be given knowingly and freely ➔ Statutory Rape: sexual activity with a person who is younger than the specified age of valid consent because of mental illness, mental handicap, intoxication, unconciousness, or deception 3) Necessity: - Defense based on the principle of necessity must show that the harm that would have resulted from compliance with the law would have exceeded that from its violation MY CLIENT DID IT BUT SHOULD BE ACQUITTED BECAUSE THE POLICE OR PROSECUTOR CHEATED - Failing to follow procedural law, engaging in fraud or other misconduct, and treating defendants in a selective and discriminatory manner can can all be reasons to challenge criminal indictment 1) Statute of Limitations: - Applying to civil and criminal cases that holds that the prosecution must take place within a specific time period - Murder does not usually have a statute of limitations and suspects can be charged decades after the crime 2) Entrapment:  ➔ Entrapment: use of extreme means by law enforcement to pressure someone to break the law 3) Double Jeopardy: - A defendant cannot be tried more than once or punished twice for the same offense - Based on common law and the 5th amendment, the double jeopardy defense is designed to protect the defendant from repeated trials and excessive punishments 4) Police Fraud or Prosecutor Misconduct: - Law enforcement officials must play by the rules established in procedural law - Withholding evidence, making false statements, and putting forth evidence known to be false can be grounds for a defense claim of police fraud or prosecutor misconduct MY CLIENT DID IT BUT WAS INFLUENCED BY OUTSIDE FORCES - Some defenses for criminal acts attempt to shift the blame from the defendant to something outside of their control (Twinkie Defense) CHAPTER 4: THE HISTORY AND ORGANIZATION OF LAW ENFORCEMENT AMERICAN GANGSTER: - John Dillinger - FBI (1933) “public enemy #1” - First public enemy HISTORY AND ORGANIZATION OF LAW ENFORCEMENT: - As social groups become larger, formal means became required to deal with situations that did not respond to informal means - As long as humans have lived in large groups, social controls have been needed (rules, laws, regulations etc that enforce conformity) BRIEF HISTORY OF THE POLICE: - Law enforcement function has existed in one form or another for thousands of years - Institution police is a relatively new phenomenon - Police are subjects to rapid social change and constant challenges - Ever-changing, not stagnant-as society changes, policing changes  - In the 17th century, Samurai warriors performed law enforcement duties in Japan EARLY POLICING IN ENGLAND: ➔ Constable: head of law enforcement for large districts in early England, in the modern US a constable serves areas like rural townships and is usually elected ➔ Watch-And-Ward-System: Early English system overseen by the constable which a watchman guarded a city’s or towns gates at night - The actual job of enforcing the law was up to the citizens - In 13th century, constables oversaw a watch and ward system that guarded city gates ➔ Bow Street Runners: Police organization created circe 1748 by magistrates and brothers Henry Fielding whose members went on patrol, rather than remaining at a designated post - Henry and Sir John Fielding organized the Bow-street Runners, which was more centralized than the watch and ward system ➔ Metropolitan Police Act: Sponsored in 1829 by Sir Robery Peel, it was the first successful bill to create a permanent public police force - Paid regular salaries, carried out preventative patrols, and wore uniform - Officers Nicknamed Bobbies - Cannot go outside of London ➔ Bobbies: Slang term for the police force created in 1829 by Sir Robert Peel’s Metropolitan Police Act that was derived from the short form of Robert - Adhered to strict military-type discipline - Although their jurisdiction was limited to London, the bobbies set a new standard for police professionalism EARLY POLICING IN ENGLAND AND ITS IMPACT ON POLICING IN THE UNITED STATES English policing contributed 3 features to US policing 1) Limited police authority - Anglo-American tradition of policing emphasizes rights and liberties for individuals - Each community is going to police themselves - Their limited authority is our form of city/local police officers 2) Local Control - Law enforcement agencies are for the most part local, city or county institutions - The US does not have a national police force - Have many state and federal law enforcement agencies, but they are not like the national police forces found in many parts of the world where control is highly centralized within the government  - Each small policing agency is going to police their area 3) Fragmented System: - The US has more than 18,000 law enforcement agencies, ranging from federal (FBI, Secret Service) to state (highway patrol) to local (city police, county sheriff) - Agencies are loosely coordinated and the state and local agencies have little federal oversight - All law enforcement agencies in the US are not developed identically EARLY POLICING IN THE UNITED STATES Policing in the United States - Informal policing began in Boston 1631 with establishment of a night watch - Formal policing in NYC Police department formed in 1898 - Chicago’s official police force was created around 1855, and reorganized several times until 1913 Different from other police organizations in 4 respects: 1) Chicago police and courts were highly decentralized 2) Chicago police were at command of local organizations-if you had money/influence you had control over the police 3) Chicago criminal justice institutions operated as rackets 4) Chicago CJ institutions developed informal systems of operation- did not have anything significant written for what to do in certain situations (lots of interpretation) INTRODUCTION OF POLICE PROFESSIONALISM: ➔ 1883 Pendleton Civil Service Act: Law that established federal gov’t positions would be awarded on the basis of merit rather than political affiliation Formed a civil service system that: - Eliminated patronage in employment - Made promotions based on merit rather than political connections (any type of connection not just political) - Being hired/promoted based on how well they did their job, not due to their connections ➔ Wickersham Commission Report: 14-volume report published in 1931 which was the first comprehensive national study of the US crime and law enforcement - August Vollmer wrote it, and it affected police reform for the rest of the 20th century (known as a major 20th century reformer) - First to start college classes involving law enforcement (August Vollmer) - Features of this movement included emphasis on technology and training Vollmer’s Police Reform Movement:  1) Policing defined as a profession 2) Policing free of political influence 3) Qualified executives should lead the police 4) Raise standards for police officers-making sure they are trustworthy 5) Centralizing command structures to better control officers-having one main hub, and smaller satellites that receive information from that hub 6) Specialized units developed to address specific or complex issues-SWAT, motor patrol, canine, marine patrol, etc J. Edgar Hoover championed police professionalism and built the FBI into one of the premier law enforcement agencies in the world 1980’s- END OF 20th CENTURY - 1980s: police professionalism continued - Get-tough-on-crime movement, drugs - Relied on strategies to prevent crime and maintain order - Programs instituted to develop partnerships with communities - Fed gov’t devoted substantial funding to promote policing reforms - Enjoyed political, media, and public support END OF 20th CENTURY TO TODAY: - Events on 9/11/01 affected law enforcement, whose mission was radically altered by demands to meet threat or terrorism IMPACTS ON 9/11 ATTACKS ON LAW ENFORCEMENT: As a result, law enforcement in US changed in 3 ways: 1) Role expansion 2) Racial and ethnic profiling 3) Immigration enforcement LEVELS OF LAW ENFORCEMENT FEDERAL LAW ENFORCEMENT: - Agencies have nationwide jurisdiction, but concentrate on specific offenses Federal law enforcement agencies are organized under: - Department of Justice - Department of Treasury - Department of Homeland Security Most federal LE personnel train in Glynco Georgia FBI: Quantico Examples of Federal Law Enforcement Agencies: 1) Federal Bureau of Investigation (FBI) - Nationwide jurisdiction to combat federal crimes - Most federal crime (not general order maintenance) - Falls under DOJ 2) Secret Service - Placed under homeland security, its mission has been expanded to include terrorism - Counterfeiting - Investigations when we have potential assassination attempts - In charge at looking at some aspects of white collar crime 3) IRS 4) US Postal Service STATE LEVEL LAW ENFORCEMENT - Many variations of agency organization from state to state (every jurisdiction can vary either slightly or significantly) - State industry or culture can determine the type of state police agencies - Many states have bureaus of investigation In many states, state level law enforcement agencies may go by different names: 1) State Police 2) Highway Patrol 3) State Highway Patrol 4) State Patrol 5) State Troopers - Most agencies use the title “trooper” when referring to their enlisted members (California and New Mexico use the title “officer”) Full Service State Agencies: 1) Michigan State Police 2) New York State Police 3) Illinois State Police 4) Texas Rangers Highway Patrols/State Patrols 1) Florida Highway Patrol 2) California Highway Patrol 3) Wisconsin State Patrol Investigative Agencies 1) Florida state Bureau of Investigations 2) California Department of Justice 3) Wisconsin Department of Justice LOCAL LAW ENFORCEMENT: - Local law enforcement agencies handle most crime - Most local police forces are operated by municipalities (some by tribal and county gov’ts) - About 12,000 local police departments in the US (NYC Police department is the largest) Sheriff Departments: - Sheriff’s offices are the most common form of county law enforcement in the US, with 3,063 county agencies - Most sheriffs are elected - Most offices run at least one jail Police Duties at Local Level Large portion of local police work deals with order maintenance and problem-solving. - First responder to most criminal cases - Patrol and investigative duties - Resolving disputes - Finding missing person’s or juvenile runaways - Handling minor law violations REQUIREMENTS TO BECOME A POLICE OFFICER: - Each department has its own requirements for applicants - Follow similar lines for physical condition and ability, age, education, and personal legal history Typical Requirements for Applicants 1) Education - At least a high school diploma - Some departments require at least two years of college - Some require a college degree 2) Training - Must attend police academy for 21 weeks - State and large urban agencies may have their own academies - Must learn constitutional and state law as well as local ordinances - Also train in accident investigation, patrol, traffic control firearms, self-defense, first aid, and emergency response 3) Age - Must be at least 20 - Must be US citizen and usually have to be at least 20 - Typically have requirements for vision, hearing, strength, and agility - Some urban departments require officers to live in or near city limits  4) Personal History - Departments may extensively investigate their applicants’ personal histories - Some agencies have candidates interviewed by a mental health professional, and candidates usually take a lie detector/drug test 5) Disqualifications - Felony convictions - Misdemeanor conviction within the last few years - Specified number of moving violations within the past few years - Dishonorable discharge with the armed forces - Convictions for certain offenses (like DV) - Refusal to submit a polygraph, psychological or drug testing THREE STRATEGIES IN POLICING 1) Watchman Style: - Distinguishes between 2 mandates of policing: order maintenance and law enforcement - Involves discretion - Preserving social order is key 2) Legalistic Style: - Concentrates on enforcing the law by writing tickets, making arrests, and encouraging victims to sign complaints - Involves virtually no use of discretion by police 3) Service Style: - Concerned with service to community and citizens (official warnings or diversion programs) - Discretion is used, but subject to formal review and evaluation Overviewing the 3 styles of policing Watchman style Involves use of discretion Preserving social order in effort to keep citizens happy Goal is to keep people happy Legalistic style Virtually no use of discretion Concentrates on strict enforcing the law Treating citizens alike in any situation Service style Concerned with service to community & citizens Discretion used but subject to formal review/evaluation Takes the best of both legalistic and watchman  ➔ Community Policing: - Recalls watchman style - Attempts to harness community resources and residents in stopping crime and maintaining order - Covers a vast array of activities - How are you going to be involved in the area you are policing? - Relationships are created between police and community groups like: faith-based organizations, tenant councils, business groups, local gov’t agencies, social services providers, schools, and local businesses ➔ Problem-Oriented Policing: - This concept is related to community policing - Expands the officer’s role from reaction to proactive problem solving - Attempts to address underlying social problems that cause crime by integrating research/scientific problem solving strategies to analyze crime with goal of developing effective response strategies - Allows agencies to address crime on a more systematic level than traditional policing - Ex) Police, community & city council worked to attack drug & gang problems in Meadowbrook community. Efforts led to an organized community association, & a reduction in criminal activity. - Community involvement is crucial in Problem-Oriented Policing as it encourages collaboration between police officers and community members to identify and address underlying social problems that contribute to crime, leading to more effective and sustainable solutions. ➔ Zero-Tolerance Policing: - Refinement of problem-oriented policing - Based on broken windows perspective - If every infraction of the law is punished, offenders will not commit more serious offenses ➔ Broken Windows Perspective: The idea that untended property or deviant behavior will attract crime - According to the broken windows theory, vandalism and criminal activity are more likely to occur in areas that appear abandoned or neglected CHAPTER 5: POLICE ORGANIZATION, OPERATION, AND THE LAW WHAT WE EXPECT OF THE POLICE: Police officers make dozens of decisions each day, including - Considering rights of offenders (probably largest) - Opinions of the citizens - Demands of supervisors - Peer pressure from fellow officers - Legal statutes (law dictates what is enforced) (statute=law enacted by legislature) - Officer’s own judgment ➔ Discretion: the core of police officers occupation: CJ official making decisions within legal guidelines- take in situations/circumstances in environment to drive certain decisions HOW THE POLICE ARE ORGANIZED: Police departments vary little in how they are organized - Quasi-Military template Three reasons military model is attractive to law enforcement administrators: 1) Controlling force through discipline 2) Professionalization 3) An effective model of organization HOW THE POLICE ARE ORGANIZED: - The analogy of policer as soldiers is inexact and faulty due to fundamental difference between how military organizations and police agencies deal with decision making -D: Discretion -V: Visibility -A: Authority WHAT THE POLICE DO: - Patrol - Investigation - Traffic Enforcement PATROL: - To deter crime - Enhance feelings of public safety - Make officers available to services Four Aspects of Response Time: 1) Discovery time 2) Reporting time 3) Processing time 4) Travel time INVESTIGATION: - Detectives conduct investigations and also take over cases so that patrol officers can resume patrol TRAFFIC ENFORCEMENT: - Responds to accidents - Detects drunk drivers - Apprehend suspects - Enforce traffic laws - Traffic duties most often bring police officers into close contact with citizens PEACEMAKING AND ORDER MAINTENANCE: - Domestic disputes - Crowd control - Vice - Mental illness - Juveniles - First response - Use of force RULES POLICE FOLLOW: ➔ Procedural Law: rules for the government - “Tying the hands of the police?”  - The underlying values incorporated by the Constitution must be met POLICE DISCRETION: - Police do not make an arrest every time they are authorized to do so - CJ system could not effectively deal with so many cases - The most serious offenders would be obscured by the mass of cases PRO: - Selective enforcement may result in less overall crime and less damage to citizens and property CON: - Violates the idea of fair play. All suspects are not treated equally - Depends on discretion FOURTH AMENDMENT: - Procedural law controlling the activities of law enforcement is derived from the 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 seized” Even though it constitutes only one sentence, the fourth amendment covers a lot of territory - Search - Special-needs searches - Seizures - Stop and frisk - Arrests - Trespass Doctrine - Privacy Doctrine - Open-Fields Doctrine - Public Places - Abandoned Property Trespass Doctrine - Defines what constitutes a search - The court says a search requires physical intrusion into a constitutionally protected areas, specified by the fourth amendment as persons, houses, papers, and effects. The search of listed areas must meet the requirements of the fourth amendment as being reasonable Privacy Doctrine  - In 1967, the privacy doctrine replaced the trespass doctrine in Katz VS United States - Katz VS United States stated that people, not places, are protected from gov’t intrusion whenever they have an expectation of privacy that society sees as reasonable. Privacy View Doctrine - Maintains that officers have a lawful right to use all of their senses (smell, taste, touch, hear) to detect evidence of unlawful action - The plain view doctrine holds that the fourth amendment does not protect such gathering of evidence because no search has occurred. Open-Fields Doctrine - Right to privacy does not extend to open fields, even if the property is private owned Public Places - The fourth amendment does not protect individuals from being observed by the police using ordinary senses in public places - Streets, parks, private businesses that are open to the public, and public areas of restrooms are all outside the protection of the fourth amendment Abandoned Property - Fourth amendment does not extend to abandoned property - Abandonment requires the individual to intend to permanently discard the property - If property is abandoned, you have the right to search it SEARCH: - Search: Investigation of an area and/or person by a police officer to look for evidence of criminal activity - Officers must have the approval of a judge to get a search warrant. However, the court recognizes four major exceptions to the requirement that officers obtain warrants before conducting a search … 1) Searches incident to arrest 2) Consent searches 3) Exigent-Circumstances searches or emergency searches 4) Vehicle searches SPECIAL NEEDS SEARCHES: - Impound inspections - Border searches - Airport searches - Searches of inmates - Searches of probationers and parolees  - Searches of students - Employee drug testing SEIZURES: ➔ Seizure: the collecting by police officers of potential evidence in a criminal case - The fourth amendment does not allow illegally seized evidence to be presented in court - If the police intimidate a suspect so that they do not not feel free to leave, an illegal seizure may be deemed under the fourth amendment STOP AND FRISK: - Emcompasses two distinct behaviors - Stops are seizures - Frisks are searches - For a lawful frisk, a stop must meet the conditions of a lawful seizure ➔ Actual Seizure Stop: involves officers physically restricting a person’s freedom ➔ Show of Authority Stops: officers showing their authority and the suspects submitting ARRESTS: - A higher standard of suspicion of guilt is required - Requires the police have probable cause that the suspect committed a crime - To use deadly force, the officer must believe the suspect to be a threat to others INTERROGATION AND CONFESSIONS: - Individuals have constitutional rights that must be protected in the questioning process These rights stem from the 5th, 6th, and 14th amendments 1) Fifth Amendment: self-incrimination clause 2) Sixth Amendment: right to counsel clause 3) Fourteenth Amendment: Due process Clause A FEW QUESTIONS: - Do the police make an arrest every time they are authorized to do so? - What is procedural law controlling the activities of law enforcement derived from? - Why is the military model attractive to police planners?