SOCIO 443 Final Exam Study Guide PDF

Chat Rights of the criminal accused Background to Constitutional Rights of the Criminally Accused ​ Why the Bill of Rights\ -​ Because William would be too long. Ha, ha -​ It was added to the US Constitution to guarantee the protection of the people from a strong cent...

Chat Rights of the criminal accused Background to Constitutional Rights of the Criminally Accused ​ Why the Bill of Rights\ -​ Because William would be too long. Ha, ha -​ It was added to the US Constitution to guarantee the protection of the people from a strong central government -​ It served as a compromise between the Federalists and anti-Federalists in order to ratify the constitution -​ Limits on and only the federal government. ​ What is selective incorporation? How is it 'done' ○​ A little of Background info: At the time the Bill of Rights was created, it was understood to apply only to the federal government. The Fourteenth Amendment, passed after the Civil War, extended civil rights protections to all persons under the jurisdiction of the states and prohibited states from depriving any person of life, liberty, or property without due process of law. The Supreme Court gradually interpreted the Due Process Clause of the Fourteenth Amendment to mean that certain fundamental rights in the Bill of Rights should also limit what states could do. -​ Definition: Applying bits and pieces of protections from the Bill of Rights to State Law through several Supreme Court case rulings -​ 14th amendment… How does it make it possible? -​ “ No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; now shall any state deprive any person of life, liberty, or property, without due process of law…” -​ Basically the words ‘nor shall any state deprive any person of life, liberty, or property, without due process of law” means that all persons should be protected from the state infringement or any possible injustice. Therefore they are guaranteed protection under the legal principle the government must follow fair and consistent procedures under the law. -​ The word ‘ Selective’ refers to the fact that the Supreme Court chose only some rights from the Bill of Rights to the states, rather than applying all of them. -​ The word ‘ Incorporation’ refers to the process of bringing the rights from the federal Bill of Rights into the scope of protections against state actions. Protections against self-incrimination ​ What amendment? -​ Fifth Amendment [protection against self-incrimination AND following the due process of law]"No person... shall be compelled in any criminal case to be a witness against himself..."  -​ This clause is commonly referred to as the right against self-incrimination and protects individuals from being forced to testify or provide evidence that could incriminate themselves in a criminal case. -​ It is a critical safeguard in the criminal justice system, ensuring that individuals cannot be coerced into giving testimony that might lead to their own conviction. ​ instances in which you do NOT have these protections (can be forced to testify under penalty of law) 1.​ Before, it did not apply to State cases. Just criminal [until the 14th amendment was ratified] 2.​ Voluntary confessions do not apply [because they are not being compelled to confess] a.​ Voluntary confessions are not considered the result of coercion or compulsion, which means they are given freely and willingly by the individual. 3.​ People in civil cases “cannot plea the fifth,” it is exclusive for criminal cases [there are no crimes, so there is no criminal jeopardy] a.​ “Shall be compelled in any criminal case to be a witness against himself” 4.​ Someone else’s criminal trial [THEY are facing criminal jeopardy, not you] a.​ Criminal jeopardy refers to the risk of being convicted of a crime and facing penalties such as imprisonment, fines, or other legal consequences. The person on trial is the one whose actions are UNDER SCRUTINY and who stands to lose their liberty or other rights if found guilty. b.​ If you are called to testify in someone else’s criminal trial, you are not the one being prosecuted. c.​ The key point is that the person on trial is the one directly at risk of criminal consequences, unless your actions are also subject to investigation. 5.​ Double jeopardy [you cannot be criminally tried for the same offense twice, meaning there is no jeopardy this time] a.​ Is a constitution protected under the Fifth Amendment of the U.S. Constitution. b.​ The first trail fully resolved the question of guilt or innocence for that specific offense. If you were acquitted, the legal system recognizes that retrying you would violate your rights c.​ It applies only to criminal trials. 6.​ Immunity, which is a contract eliminating criminal jeopardy in exchange for a truthful testimony a.​ In a legal context is an agreement between the government and an individual that eliminates the risk of criminal prosecution in exchange for the individual’s cooperation, typically in the form of truthful testimony. b.​ If the individual lies under immunity, they can face charges for perjury or obstruction of justice, and the immunity deal may be voided. -​ What they all have in common is no criminal jeopardy. The thing in common is that they will not be criminally accused. ​ Some instances in which YOUR protections can stop someone else from testifying against you (even if they want to): pillow talk...why? ○​ With an attorney: Any communication between you and your attorney made for the purpose of seeking or providing legal advice. ​ This includes spoken conversations, written letters, emails, and other forms of communication. ​ You (as the client) can invoke attorney- client privilege to prevent your attorney from testifying about anything you told them in confidence. ○​ With a spiritual leader: confidential communication made to spiritual leaders (e.g., priest, pastor, rabbi, or imam) for the purpose of seeking spiritual guidance, confession, or counseling. ​ This privilege usually applies only when the religious leader is acting in their official capacity. ​ You can assert the privilege to stop your spiritual leader from testifying about what you told them during a confidential spiritual exchange. ○​ With a Spouse “PILLOW TALK”: In criminal cases, your spouse cannot be forced to testify against you if they do not wish to. This is meant to protect the marital relationship. ​ However, this privilege belongs to the testifying spouse, meaning they can choose to testify if they want to. ​ Protects private conversations between you and your spouse during the marriage. This privilege lasts even after divorce. ​ Either spouse can assert this privilege to prevent testimony about confidential communications during the marriage. ​ Assert the marital communications privilege in court to stop your spouse from testifying about private conversations during your marriage. ○​ Attorney exchanges are confidential, and they cannot be called to the stand to testify against their client ○​ However, an attorney can report you if you confess, or threaten to cause harm while your trial is awaiting ○​ Spiritual leader – confessing your sins is protected speech [some states protect it in their laws, as religion is a protected area] ○​ “Pillow Talk” – related to your spouse ​ Communication between spouses cannot be used in the courtroom because 1) there was a reasonable belief of privacy at the moment of the exchange, 2) marriage bounds you as a “single unit,” thus, it would be like declaring against yourself -​ If you or your partner discuss a crime, you’re not self-incriminating, it can be argued that you two are the same person -​ This notion is rooted in traditional legal systems, where a married couple was viewed as a single legal entity. -​ Confidential Marital Communication Privilege: this privilege is based on the idea that spouses share a unique bond and should be able to communicate freely and privately without fear of those conversations being used in court. These communications are protected because they are  considered an extension of the couple’s private, UNIFIED RELATIONSHIP. COERCED CONFESSIONS- Infringe to the Fifth ❖​ Brown v. Mississippi -->basic case facts; what did the decision establish? ​ Brown v. Mississippi (1936) ​ 3 Black farmers were charged with the murder of the White landowner. They were tortured into confessing. Methods of coercion included; whipping and beating until they “confessed”. Hanging one of the suspects from a tree by a rope around his neck. The only evidence was the confession they were forced to sign. The defendants ​ Due Process ​ Violated 14th amendment because of the brutality and violence used to confess, and 5th amendment because they are self incriminating ​ Appealed to SCOTUS ​ Mississippi argued that self-incrimination is not essential for the due process of law and that including said confessions would just be a “procedural error” ​ SCOTUS: “Brutal treatment of helpless prisoners [is] medieval [behavior],” They established that physical coercion could not be used to obtain a confession (however, it was not specified if this was protected by the 5th Amendment) ❖​ Spano v. NY -->basic case facts; what did the decision establish? when is it psychological manipulation/coercion vs. good old trickery/luck? (very basic/general) ​ Spano v. New York (1959) ​ An Italian immigrant with known mental issues gets into a fight at a bar; goes home, gets a gun, and kills the guy. He was taken into custody, where there was no physical coercion, but he was deprived of using the restroom or eating. He was interrogated for several hours, and signs of physical coercion were found. He was denied to speak to his attorney ​ SCOTUS: “Psychological coercion is a thing,” and it is protected by the 14th Amendment’s due process clause ​ They did not cite the 5th amendment so they could use the case to incorporate into the 14th amendment ​ Psychological coercion vs trickery: ​ Psychological coercion – Law enforcement knows the information and they will use it to manipulate the suspect, which is illegal and unethical ​ Luck and trickery – you do not have to manipulate an individual to gain a confession ❖​ Malloy v. Hogan; incorporation case ​ Basic Case Facts: -​ Malloy was on probation after pleading guilty to a gambling misdemeanor. He was ordered to testify against the mob to not go to jail, but he refused. His silence was found incriminating -​ Malloy: on probation after pleading guilty to gambling misdemeanor -​ Ordered to testify about gambling and other activities  -​ He refused and was jailed for contempt -​ Refuse to answer because you're guilty → this is about testifying against yourself, aka self-incrimination ​ SCOTUS: “You cannot penalize a person for not testifying.” “Refuse to answer because you are guilty = you would be testifying against yourself; which is self-incrimination, which is protected by the constitution” ​ They reversed a 1908 decision and finally incorporated 5th Amendment rights for self-incrimination, and accepted that these rights also apply to states ​ This is when the Supreme Court overturned their 1908 ruling and finally held that 5th Amendment protections against self-incrimination DOES apply to states as well ​ "The American judicial system is accusatorial, not inquisitorial." ​ State and federal officials must "establish guilt by evidence that is free and independent of a suspect's or witness's statements" ❖​ Overlap with other rights: Christian Burial Speech (what is an interrogation;​ case facts; ruling) ​ a man named Robert Williams, who had escaped a mental hospital, was accused of kidnapping a missing girl, his lawyer advised him to turn himself in and he did, his lawyer also told him to not speak of the girl's disappearance to the police officers on the way ​ Police told Williams to tell them the location of the girl so that the parents could have a proper funeral ​ A decision by the U.S supreme court that court that clarifies what constitutes "waiver" of the right to counsel for the purposes of the sixth amendment ​ Issue: whether a voluntary admission of incriminating facts in response to police statements constituted a waiver of this right to counsel ​ Majority opinion found that the officer exploited the suspect's deep religious convictions to obtain an incriminating statement in violation of the suspect's sixth amendment right to counsel ​ He has counsel, officers were not allowed to ask him questions. The officers knew him so on the road, they tried to push his buttons. They made him confess by talking how they felt bad for the girl and that the family won't be able to have a proper christian burial. They knew he was religious. Right to Counsel ​ What amendment? -​ Sixth Amendment = right to counsel, right to a speedy trial, public trial, and an impartial jury ​ How was this originally interpreted? -​ Initially, it was interpreted in the way that you had the right to counsel, but not the provision of one [if you can’t afford it, too bad] -​ Indiana 1853 – “principles of a civilized society” should be that an attorney will be assigned if you can’t afford one -​ By 1930, this was implemented in all states Incorporation cases: 1) Scottsboro Boys case (Powell v. Alabama) -->what are the case facts; how did the Supreme Court rule (what was incorporated; specific context) ​ Basic Case Facts: -​ Fight breaks out between males on a freight train → all but 1 white male jumped/tossed from train -​ 9 black male youths, 8 white male youths, 2 white female youths -​ They alert law enforcement and the train is stopped -​ White females claimed rape → the black males were arrested -​ The defendants (black males) were all from out of state - were not told that they could get an attorney or that they could contact family ​ Trials: -​ Lead Attorney must be bar-certified for that state -​ They didn’t have time to prepare and they met with the defendants the day of the trail. -​ Real Estate Attorney from TN volunteers to help defendants -​ Older Criminal Defense Attorney volunteers to help also -​ African Americans were virtually barred from serving as jurors -​ One girl recently showed signs of intercourse, but no signs of rape (hard to prove rape) -​ Girl said they used weapons to hold them down while they were rape, but no weapons or binds were found -​ Remaining white male was not put up on the stand, even though he supposedly witnessed the rape -​ Evidence suggested that the girl was lying -​ Incentive of 20-year old female to lie: had a prostitution ring, lots of adultery charges, was facing 20 years to life if convicted -​ Jury finds all guilty except for the youngest (guilty, but too young) -​ Sentenced to death (via electric chair) -​ Trial was EXTREMELY fast ​ Scotus Ruling: -​ There is a fundamental right to have adequate time to obtain and confer with counsel - this was a violation of due process -​ Incorporates 6th Amendment right to counsel in these types of cases -​ Capital Case - right to counsel constitutionally protected -​ If unable to represent oneself, right to have one provided -​ Youth, hurried, poor, illiteracy, hostility, away from family... "they stood in deadly peril" 2) Betts v. Brady-->basic case facts; how did the Court rule (careful here) ​ Basic Case Facts: -​ Smith Betts (defendant) -​ Maryland farm hand, dropped out of school -​ Charged with robbery → requested an attorney and was denied  -​ Represented himself and ended up being convicted → 8 year prison sentence -​ Brady (prison warden) -​ The Issue: is the right to counsel so fundamental/essential to a fair trial that it should be made obligatory upon the states? ​ Scotus Ruling: -​ 6-3 Majority that no, the right to counsel was NOT deemed a fundamental right that should be obligatory upon the states -​ Every court has power to appoint counsel were deemed proper ​ The Dissenting Opinion: -​ Justice Hugo Black -​ We don't have to consider incorporating the right to counsel in all felony cases, the facts specific to Betts show a violation of due process -​ But, if you want to go there... you cannot have a fair, just system with due process of law when it "subjects innocent men to increased dangers of conviction merely because of their poverty" -​ "Whether a man is innocent cannot be determined from a trial in which denial of counsel has made it impossible to conclude that the defendant's case was adequately presented" 3) Gideon v. Wainwright--> We discussed lots of case facts; how the Court ruled; why was this important for the CJ system ​ Gideon Background: -​ 8th grade dropout -​ Ran away from home in middle school -​ Drifter, worked odd jobs -​ In and out of jail/prison for nonviolent offenses -​ Almost 51 at the time of alleged crime ​ Basic Case Facts: -​ It was known that in Florida a poolroom was broken into (cigarette machine, cash register). -​ There was an eye witness who saw Gideon walking into it early in the morning and then waiting for a taxi. Police were able to arrest him due to finding loose change and bottles of liquor on him. -​ Charged with burglary with intent to commit a misdemeanor (a felony) -​ Gideon requests an attorney → denied, was found guilty. In state prison, Gideon extensively studies law in the prison law library -​ Handwrites an appeal to the U.S. Supreme Court. Florida says this is settled law -​ Florida: Perhaps surprised; prepares brief; assistant attorney general to argue; send letter to other governors. At the end, 2 supported Florida and 22 supported Gideon. By the time the case was heard, Wainwright was now the head of the Florida Department of Corrections. -​ The existing framework (going case by case/special circumstances) is not workable nor fair -​ You cannot predict beforehand what a defendant might need to know, you don't know what will come up in the trial -​ Even lawyers hire lawyers  -​ Ex. Clarence Darrow (one of the most well known lawyers in the country) gets arrested - first thing he did was invoke his right to counsel and asked for an attorney ​ Case Ruling: -​ The ruling was a unanimous decision. The 6th amendment right to counsel is a fundamental right that does apply to the states via the 14th amendment’s Due Process Clause -​ Any person hauled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for. ❖​ This case helped to create the Public Defender's office or system for the Criminal Justice System. 4) amicus (friend of the court briefs)—what are they?-a person or organization that gives advice to a court of law on a case in which they are not directly involved ​ They are submitted by non-parties to an appellate case and present information for the court to consider in deciding the appeal. They assist the appellate court by providing information/ arguments for the court to consider when making the ruling. ​ Florida sends a letter to other governors to write an amicus curiae brief to support their case ​ Governor Mondale of Minnesota also writes a letter to the other governors (except Florida) arguing to support Gideon ​ In the end, 2 states supported FL and 22 supported Gideon 5) ineffective assistance of counsel--common claim, but difficult to win...why (what are the tests)? ​ Common claim, but difficult to win because you must prove two things: 1)​ Counsel's performance falls below an objective standard of reasonableness that any other adequate counsel would have/would not have done (so serious that counsel was not functioning as the 'counsel' guaranteed by the 6th Amendment - ex. shows up drunk) 2)​ Counsel's performance gives rise to a reasonable probability that if counsel had performed adequately, the result would have been different (very difficult to predict the direction of the ineffective counsel jurisprudence going forward) Distinguish: probation, parole, jails, prisons 1)​ Probation -​ Usually given instead of incarceration -​ Also given to a defendant or individual after a short and brief incarceration sentencing. 2)​ Parole -​ Instead of the remainder of an individual or defendant's sentence. 3)​ Jails -​ Administration: local (city, county) -​ Intended Population: those awaiting trial/processing, those who are sentenced to less than a year  -​ Location & Security: in the city, secure but less than prisons 4)​ Prisons -​ Administration: state or federal -​ Intended Population: those who are sentenced to over a year -​ Location & Security: usually very remote, much higher security Prison overcrowding: 1)​ why potentially a federal issue; constitutional amendment -​ CAN violate the 8th Amendment of cruel & unusual punishment -​ Health and safety concerns due to overcrowding 2)​ be familiar with several options and the limits to each regarding attempts to reduce and why each has had limited success a.​ Build More Prisons/Private Prisons: ​ Building more Prisons - -​ For many years, California has built a lot of prisons. Between 1852-1984, California built 1 prison every 11 years and between 1985-1996 Cali built 1.6 per year and between 1996-2001 built 1 prison per year. ❖​ Limitations: We can not build fast enough. Prisons are also known to be very expensive projects due to the high supply demand needed to build prisons such as concrete and rebar, etc. NIMBYism ​ Private Prisons - -​ Could build fast enough -​ Hiring private contractors ❖​ Limitations: Long term costs and liability increases. As the years go by, the more expensive it gets. They tend to be sued more. Prisoners right lawsuits, which can lead to the state being liable. b.​ Decriminalization: ​ Reduce penalties, possibly to the point of legalization ​ Penalties less harsh, think of a dimmer switch ​ Focus on why things don't work out the way we think they do. ❖​ Limitations: It is not politically attractive as of recently. Can be seen as being soft on crime, less likely to be re-elected as a politician. Does not affect the current population unless retroactive c.​ Intra-State Transfers: ​ If a prison or two is overcrowded, shift prisoners more evenly throughout the system (within the same state) ❖​ Limitations: -​ Prisons are sometimes built for specific populations (maximum security, etc.) -​ It would be extremely expensive to house low-security prisoners in maximum-security prisons -​ We cannot move maximum-security prisoners into low-security prisons (for obvious reasons) -​ Issues of Recidivism: whether those who get out of prison will commit crime again -​ Their connection to the outside world should be strong - proximity to family, friends, etc.  -​ The further away from their home, the more recidivism rates go up -​ Where? Which prison? Not a single California prison is under 100% capacity d.​ Inter-State Transfers: ​ They have contracts with other states ❖​ Limitations: -​ Is that it is expensive, premium -​ Keeping prisoners in another state is considered being an expensive investment. -​ Paid through taxpayer $$$ -​ Transferring prisoners is super expensive, securing transportation as well -​ Recidivism is also another problem studies said that the further someone is sent, the more likely they will commit crime again. e.​ Alternatives to Incarceration: ​ Electronic Monitoring, Halfway Houses, Drug Treatment Programs, ROR, etc. ❖​ Limitations: -​ Political Risk -​ NIMBYism -​ Not usually retroactive, wouldn't affect current prison populations f.​ Increased Use of Parole: ​ Shorten the de facto sentence by hastening parole ​ Parole board hears cases and reads reports in order to determine the outcome before letting someone out on parole. ❖​ Limitations: -​ Political risk; presidential candidate or governor can promise the people that a certain individual will be put away for a long time but they instead get a reduced sentence angering people. -​ Congress passed certain laws that are considered truth in sentencing laws. Prisoners need to serve a certain amount of time within their sentence before being let out on parole. The average prisoner needs to serve at least 85% of their sentencing. -​ Drug related offenses is the most common for truth in sentencing laws. Drug offenders are the leading criminal offense in the country. -​ - Truth-in-Sentencing Laws: forces states to sentence offenders to an average amount of years for specific offenses before they can get parole g.​ Transfer Prisoners to Jail: ​ Most common in terms of numbers ​ Jails are still secure, much more so than other avenues ​ Most voters likely don't care or know (e.g., difference between jails/prisons) ​ Judicial Scrutiny ​ Decision makers know that courts are trying to solve prison overcrowding (rather than jail overcrowding) ❖​ Limitations: -​ Combining two very different populations (internal security) -​ Prison inmates are typically serving more serious crimes, while jail inmates are sleeping off a public indecency charge -​ Escapes (external security) - jails are secure, but far less so than a prison -​ ~80% of escapes are from county or city jails  3)​ overcrowding; what are truth-in-sentencing laws -​ Congress passed certain laws that are considered truth in sentencing laws. Prisoners need to serve a certain amount of time within their sentence before being let out on parole. The average prisoner needs to serve at least 85% of their sentencing. -​ forces states to sentence offenders to an average amount of years for specific offenses before they can get parole -​ Truth of sentencing has to be accepted and passed by the states and federal government. People who were convicted, depending on the crime they committed, they would have to serve 85% of their sentencing. 4)​ why is the option of sending prisoners to jail so common, what are major concerns ​ Why is it common: -​ Many justice systems focus on punishment rather than rehabilitation, using incarceration as the default response to crime. -​ There's a widespread belief that jail time serves as a deterrent for both the offender and others considering criminal acts. -​ Incarceration is often viewed by the public as the most effective way to ensure justice and public safety. -​ The criminal justice system has long relied on imprisonment as the primary punishment, making it difficult to implement alternatives. -​ Not politically risky because they are more likely not to commit a crime. -​ Judicial scrutiny is lower for the jail population. Jails are cheaper. -​ The chances of someone doing something horrible and costing my job as governor is low because they are incarcerated. ​ Major Concerns: -​ Jails and prisons are often filled beyond capacity, leading to poor living conditions, safety risks, and health issues. -​ Maintaining high incarceration rates is expensive for taxpayers, diverting resources from preventative and rehabilitative programs. -​ Overcrowded and unsanitary conditions in jails increase the spread of diseases, creating broader public health concerns. Prisoner demographic groups ​ which two did we discuss -​ The two demographic groups that we discussed were the women prison population and the elderly prison population. ​ what forces have led to an increase in these two populations 1)​ Women Prison Population: -​ We changed the laws, made the sentences longer and increased our enforcement and how we handle certain criminal offenses -​ There is a less chance of parole 2)​ Elderly Prison Population: -​ This also applies to this group, the laws tend to change meaning they could receive longer sentences. -​ They have a lesser chance of parole and determinate sentencing. ​ what are the cost factors associated with each (i.e., why should we care)  1)​ Women Prison Population Cost Factors: -​ The women population in prisons are also known to be relatively expensive. -​ “Issue of Dependent Children” -​ When the mother is incarcerated, roughly or nearly 40% of dependent children become the responsibility of the state, in this case taxpayers. -​ When the dad is incarcerated, 3% of dependent children become the responsibility of the state. -​ Most states only have one women's prison so when it fills up it tends to be difficult to relocate them. 2)​ Elderly Prison Population Cost Factors: -​ It is known that when it comes to the elderly population in prisons, they are remarkably expensive. -​ They are expensive due to health care support and insurance. Prisons are required by law to provide minimal levels of health care for the elderly in prisons. -​ Wide range from 20% to 300%. Serial Killers – For this section, you should be able to: 1.​ Discuss (name the characteristic and discuss) several of the characteristics of the so-called general serial killer profile (note: writing something like 'gender' will not be sufficient--be able to discuss) a.​ Gender: -​ Males are known to be overrepresented in the data of Serial Killers. -​ Female Serial Killers are very rare, roughly 5% of women are serial killers -​ Males are the majority in most aspects of criminology and violent crime. b.​ Race -​ Serial killers are disproportionately caucasian -​ Serial killing is profoundly interracial, most of the serial killings are committed against members of the same race. c.​ Age -​ It is known that between the ages of 25-35 is when the serial killing begins. d.​ Social Economic Status -​ Despite many people believing that the demographic would be disproportionately wealthy, there is a wide range -​ Herb Baumeister: This guy was a fairly wealthy guy who was living in the suburbs. He was known to be married and had kids. Whenever the family would plan for trips, he would bail out last minute due to having to work and stay home. When his family would be away, he would cruise around gay bars in town and slowly pick his victims. Men from the gay community who are well known end up missing, which caught the attention of the media. People began to pressure law enforcement to investigate, but they weren’t worried about it. Man reported the actions of Herb but officers were unsure of the report due to the drunkness of the individual and the lack of details that were provided. Eventually, officers make the attempt to go to Herb’s house and search it, but the wife did not allow them to do so. Later his son finds a bone, which the wife believes to  be a finger bone and then proceeds to call the cops. They show up later and fine bones from the remains of 23 individuals. The authorities go to look for Herb, but were too late to arrest him due to him committing suicide. e.​ Intelligence -​ People expect serial killers to have a high level of intelligence and IQ. An individual who was known for his intelligence was Ted Bundy. -​ Ed Kemper III: He was known to be an overachiever in his early life as a student, who had an IQ of 130. He was also known to be a troublemaker. At the age of 15, he shoots and kills his grandma while shooting birds. In the process he also kills his grandpa. While he was in juvie, he became a trustie shadowing a psychiatrist and got a hold of the psych evals so he could pass his evaluation. He is later released and lives with his mother. Later in life he tries to apply to become an officer, but is immediately denied. He was known to have an aggressive relationship with his mother. While living in the Bay Area, he starts to fantasize about killing women, more specifically college-aged women. He would decapitate bodies and bury their heads under his mother’s window. His last victim is his mother and her best friend. He actually raped his mother dead body and ended up cutting her voicebox out so he would stop hearing her voice. f.​ Victimology -​ On a large scale, this is not a predictive of serial killer profiles (every demographic can be a target) -​ - However, victimology is often extremely specific to the serial killer and is a particularly strong predictor of the individual case -​ Ted Bundy has a specific type so people more specifically attractive and young college women would change their hair color or cut it so it wouldn’t attract attention. This happened a lot when people figured out who was specifically targeted. -​ Victim type is the leading cause of killing. -​ Poor people, those who work in sex work, kids, young women. Marginalized groups were targeted the most. An example of this can be Jeffery Dahmer and how he would kill mostly gay African Americans. g.​ Relationship Interest with Police -​ This is a common characteristic among serial killers. It can occur for different reasons and serial killers tried to become cops or would sometimes hang out where cops would be. Hanging out in order to get into that social circle with officers. -​ They would want to be friends or be a cop so they are a step ahead of the investigation in order to avoid being caught. They want to know how officers do their investigation to avoid doing certain things. -​ They would want to relive their murder so being a cop that can come back to their crime and relive it would satisfy them the most since it brings most of them pleasure. -​ ​Sense of power/control, lawful authority to kill -​ 'Insider' information (ex. about how to evade capture)  -​ Ego boost, belief that they are better than law enforcement by being able to evade capture from right under their noses h.​ Trophies -​ 'Souvenirs' kept from victims of serial killing -​ Often used to relive the moment of the killing -​ Explains a well-known phenomenon amongst serial killers - the gap in between kills -​ Serial killers will take something from their crime scene like pictures, newspaper clippings, conversation with law enforcement and reliving the crime -​ People will collect body parts in order to satisfy their pleasure. i.​ Etiological Characteristics -​ Background, family information or early childhood information. -​ The way parents would treat or the way they treated animals will lead to the development of serial killers. -​ Golden Triangle' -Bed-Wetting, Animal Cruelty, Arson -​ Broken home -​ Consumption of pornography -​ Can be interesting for a particular case, but dangerous as a predictive tool j.​ M.O. -​ MODUS OPERANDI -​ Motive operation -​ They tend to use methods to kill that are very personal such as suffocation, drowning in water, guns (much smaller % with serial killers). -​ They loved controlling the last breath of their victim. 2.​ Be able to identify the 2 characteristics often thought to be helpful in identifying serial killers but actually are not good predictors a.​ The two characteristics that I will be able to identify and are considered helpful in identifying serial killers but actually are not good predictors is intelligence and socioeconomic status. 3.​ Present an overview of each of the serial killer cases we discussed; note that the Dennis Nilsen case has more detail in terms of class discussion a.​ Gerard Schaefer: -​ He was a police officer. -​ Particularly torturous serial killer, tied up and tortured his victims for days -​ Ultimately convicted on two counts, though he possibly killed over 30 individuals -​ Got life in prison, and was eventually killed in prison by another serial killer -​ Targeted women alone in rural Florida -​ He dumped the bodies of his victims and a lot of the bodies have come up missing in the area where he patrolled. b.​ Donald Harvey: -​ He is known to be called the Killer Nurse  -​ Killed many patients at the hospital where he worked via cyanide poisoning -​ Believed he was doing it in their best interest c.​ Randy Kraft: -​ He was known as the Scorecard Killer or the Codebook Killer. -​ High IQ, Military Intelligence -​ Kept extremely detailed journal written entirely in code -​ Also kept score, had a point scoring system for his victims -​ 16 victims identified and named in journal, but evidence suggests upwards of 42 victims -​ Picked up (overwhelmingly male, marine) hitchhikers -​ He actively tried to avoid being captured, he would move state to state -​ He would pick up young men, such as marines, he would drug his victims or spike their drinks or injected them with a drug, he would also torture before finally killing them. -​ He evaded capture repeatedly before getting caught -​ (had a beer in hand and urinated in front of officer) -​ He has a broken tail light and a police officer pulls him over, he fails the sobriety test. He was a functional drunk. He was arrested. -​ Upon investigation inside the truck, cops found a dead body. -​ Was a high-functioning alcoholic and drove around with his victims in his truck, masturbated with them d.​ Larry Eyler: -​ Nickname, the highway killers. He worked in one city and he drove trucks to another city and went to another city and kinda made a triangle. He spent time with his wife and lover. -​ e.​ ****Dennis Nilsen: Companionship with bodies after he killed them **** -​ Known as the Flatmate Killer -​ The only non-US killer; in the UK -​ Wrote extensively for years -​ Generally pretty calm, good family relations with his parents -​ Argued a lot with his older brother, who he eventually cut ties with as a result of homophobic and ill-intended jokes -​ Was not told when his grandfather passed away, was just brought to the funeral and told to say goodbye to his corpse -​ Became fixated with the image of death -​ Experimentation with different ways to reduce his heart rate, respiratory rate, etc. in front of a mirror to see himself imitating death -​ Entered the military at 15 (lied about his age) -​ Loved the military and the comradery -​ Once he left the military, he regretted it immediately -​ Finds a job in law enforcement as the next closest thing -​ High evaluations, letters of recommendation but he hated it and leaves after a year -​ Decides to kill his partner when he was passed out  -​ Goes to drown him in the bathtub, but he wakes up and jolts up, hitting his head on the spigot -​ This partner ended up leaving and never coming back -​ At his first house, he would burn the bodies of his victims -​ Covered up the smell with trash (they used to burn trash in the backyard) -​ Eventually evicted -​ Finds a new place that is a walk-up with no garden to burn his bodies -​ Instead, used his experience as a butcher to cut up the bodies and flush them down the toilet -​ Gets caught when the plumbing backs up overtime -​ He tries to remove them himself by entering the sewer system -​ Worker shows up the next day and finds human remains, immediately calls the police -​ Nilsen told police where all the evidence was and all about his 16 victims -​ His trophies were the bodies themselves -​ He was fascinated with death itself, not the killing -​ Wanted to look at the bodies, the image of death -​ Believes that he should never be released, and that he will kill again if given the chance -​ His only regrets were that he used his dog's leash to strangle, and that someone else will have to take care of his dog f.​ Ed Gein: -​ Was known as the Butcher of Plainfiled -​ Lived in a very rural area, very isolated/remote -​ Known to have 2 victims, but everyone agrees that he is a serial killer -​ Both victims were middle aged women who ran their own store, Gein was caught because of his second victim -​ He bought stuff from victim's hardware store, hung around and waited to abduct/kill her -​ His name was on a receipt from the register, which was found by the police -​ They search his farm and find the woman hanging from deerhooks, bled out -​ Police found human body parts scattered around (lampshades/dresses made from human skin, dresser made from human bone) g.​ Albert Fish: -​ He was known as the Moon Maniac -​ Would strip naked and howl at the full moon -​ Early childhood was spent in a brutal orphanage -​ Long period of adulthood was quite typical (family, career) -​ Spiraling behavior begins sometime before his wife left him (his tipping point) and accelerates after -​ He was a masochist who enjoyed pain in various ways (ex. self-mutilation, self-flagellation) -​ After his tipping point, would do lots of odd jobs → one couple hired him for multiple jobs, became almost friends  -​ He invited their daughter to his nephew's birthday party, then abducts and kills her -​ Manhunt was unfruitful and the case went cold -​ Fish moved from state to state, continuing to kill children -​ He wrote a lot about how he believed he was doing God's work saving people from a cruel world -​ Wrote a letter to the parents of his first victim -​ Admits to the killing, dismembering her, using her body as fertilizer, cannibalization, etc. -​ Says he didn't rape her but he did to almost every victim, including her -​ Letter was traced back to him -​ Eventually executed via electric chair 4.​ Discuss why there is often a range of victims associated with a serial killer case. Range of victims? What is the amount of time the range happens? Is hard to track? a.​ There is no minimum number of victims to be considered a victim (while '3' is often used, it is moreso to note a pattern) b.​ Most serial killers have a range, killing happens over a period of years c.​ DNA/Evidence difficult to locate d.​ At some point, a serial killer can only be charged so many times for their murders (multiple life sentences) e.​ Cases are also extremely expensive to prosecute f.​ Do they want to spend money adding sentences upon sentences to a serial killer, or do they want to spend money solving other cases? Property Offenses ❖​ Conventional property offenses (Burglary through Arson) 1)​ Burglary -​ Unlawful entry of a structure in order to commit a felony or theft (forcible, unlawful, or attempted forcible entry) -​ Types of burglary -​ Professionals – “skilled” burglar that exhibits professional criminal behavior. They focus on big jobs and make a living out of burglarizing -​ Known – less organized, less sophisticated, and less successful than professionals. They are ‘known’ to the police, which suggests that they are less successful -​ Young – late teens or early twenties; less organization, and they are on their way to becoming professionals or known burglars -​ Juvenile junkies – under 16 years old, prey on local neighborhoods. They work under the supervision of older ‘fences’ 2)​ Fencing Operations -​ Dealers in stolen property, essential to the operation of burglars -​ Selling stolen goods for profit  -​ Recent database software designed for pawnshops, permits monitoring of inventory and downloading periodic reports for police. -​ Sting operations, (police anti-fencing programs) have been successful. The police pose as dealers in stolen goods. 3)​ Larceny-Theft -​ Largest category of the UCR index -​ Catchall for miscellaneous property crime, intent to steal -​ Larceny-theft is the most underreported of former index crime with only about a third reported to the police. -​ More than half of larceny thefts result in $200 or more in value being stolen. -​ This category can be called “garbage can”, a catch-all for miscellaneous property crime. 4)​ Identity Theft -​ Stealing someone's name/personal information for financial purposes, medical services, etc. 5)​ Arson and Revenge -​ Willful or attempted malicious burning of property of another -​ Profit-motivated, revenge, crime concealment, sabotage, excitement, etc. -​ The full costs of arson increases when including the following: (1) Death and injury of innocents or firefighters (2) increased insurance premiums (3) Increased taxes to support fire, police, and court services (4) inferior education facilities during reconstruction of burned-out schools (5) Erosion of tax base as property values fall (6) Loss of jobs at burned-out factories and businesses (7) lost revenue to damaged shops and stores. -​ Revenge arson may take place out of spite or jealousy as a means of getting even. -​ Profit-motivated arson is illustrated by insurance fraud, in which structures are purposely torched to collect their insured value. ❖​ Professional crime (intro of that section through Edelhertz's typology) ​ Crimes which require useful knowledge acquired after lengthy training which permits autonomy/independence of operation ​ Professional Criminals refer to those who earn a considerable portion of their livelihood in criminal pursuits ➔​ 5 Features of Professional Crime 1.​ Crime is the sole source of livelihood for the person; it is for economic gain 2.​ The criminal career is highly developed 3.​ Considerable skill is involved 4.​ High status in the criminal world 5.​ More successful at avoiding detection or imprisonment ➔​ Edelhertz’s Typology Examples ◆​ Medical or health fraud ◆​ Phony contests ◆​ Bankruptcy fraud ◆​ Chain referral schemes ◆​ Home improvement schemes  ◆​ Debt consolidation schemes ◆​ Land fraud ◆​ Charity and religious frauds When is psychological coercion/ manipulations vs. good old trickery/ luck? ❖​ Not everything is psychological coercion. ❖​ Sometimes luck is a factor without intention. Spano vs. New York SCC ❖​ The case was decided on the 14th amendment ❖​ ❖​ 6th amendment- right to counsel ❖​ Scotts ❖​ Bets ❖​ Gideon ❖​ Informed of the Pauper ❖​ Denis Nilsen ❖​ Flatmate killer ❖​ The death of his grandfather, he wrote in his diary about his death changed him. ❖​ He engages in strangulation and drowning to preserve the body “ the image of death”* ❖​ The desire to take the other person's breath. ❖​ Gets caught, bc changes residences and flush everything in the toilet. ❖​ His victims were all men, close to his age. To get companionship ❖​ For sure an exam question on INTRA AND INTER states! overcrowding prisons/jails Characteristics of General Serial Killers. ❖​ Mostly men ❖​ Socioeconomic status ❖​ Income Kemper Serial Killer ❖​ Someone with a high IQ ❖​ Killed his grandparents, the first victims. ❖​ Mom last victim ❖​ Memorize the psychiatrist tests to get out of treatment ❖​ ❖​ Used to drive around university area in san francisco/ college women  ❖​ Decapitation was his method of killing ❖​ Pick up hitchhikers\ Truth in sentencing law ❖​ Has to do with parole ❖​ Reduce prison sentences and overcrowding with parole ❖​ With many states “ for a variety of felonies the average person a given parole must serve 85% of the sentencing” ❖​ Mainly used for drug offenses ❖​ Made more difficult to use/ offer parole ❖​ Can change the use of parole without changing the truth of sentencing BONUS- write the justices names at the bottom of the page, 85 states supreme court justices, 10 os so members of the media, 8 or 6 academics. Sandra Day O'connor conference he went to. His wife and him went. He admire her so much. Explain Selective Incorporation. -​ The 14th amendment -​ Amendment 14 – “No state shall violate or deprive an individual of life, liberty, or property without due process of law” -​ Amendment 5 – “No person shall… be deprived of life, liberty, or property, without due process of law” -​