Criminal justice study guide.pdf

Criminal Justice Study Guide Chapter 2 LO1 Discuss how crime is defined Criminal law defines crime crime definition is constantly changing Consensus view - crimes are behaviors that are harmful to the majority of citizens Conflict view - criminal law is shaped...

Criminal Justice Study Guide Chapter 2 LO1 Discuss how crime is defined Criminal law defines crime crime definition is constantly changing Consensus view - crimes are behaviors that are harmful to the majority of citizens Conflict view - criminal law is shaped and controlled by the ongoing class struggle Interactionist view -criminal law is structured to reflect the preferences and options of the people who hold social power LO2 Explain the methods used to measure crime UCR uniform crime reports represents the broadest measure of reported crime NIBRS national incident based reporting system more comprehensive and detailed UCR gets info on incident and arrest NCVS national crime victimization survey a survey conducted 2 a year from a large sample of households/individuals SELF REPORT SURVEY surveys that ask respondents to reveal their criminal behaviors LO3 Discuss the strengths and weaknesses of crime measures UCR not unreported crime not all crimes are reported NIBRS no unreported crimes over or under report if beneficial NCBS people may have a hard time remembering or talking about it SELF REPORT honesty issues LO4 Sketch the trends in the crime rate 1990 violent crime rate began dropping recent uptake in 2015 LO5 Summarize the factors that influence crime rates Age structure -age out of criminal behaviors unless a chronic offender Immigration - less crime from immigrants Gun availability- easier access or harder Drug use- legal in some states not in some Justice policy -what could be legal here could be illegal somewhere else LO6 Weigh the various crime patterns Ecological -rural and suburban have lower crime rates Gender - makes arrested more frequently Racial- members of minority groups are involved in a disportionate share of criminal activity racial profiling target minorities Social class-limited opportunities produce stress and strain that may cause residents to relieve frustration through crime Age -young people are arrested more Career patterns- chronic offender begins at early age Victim patterns-gender age marital status race income ecological victim offender relationship, repeat victim LO7 Discuss the concept of the criminal career A chronic offender maintain a high rate of criminal violations throughout their life starts early LO8 Describe the characteristics of crime victims LO9 Differentiate among the various views of crime causation Social process… 1 Social learning -learned from parents 2Social control 3 Social reaction- labeling can't get a job results back to crime Social conflict -people are apt to commit crimes because of the conflict that exists within society Rational choice theory -crime is a matter of rational choice-making Biosocial theory -biochemical neurological genetic factors Developmental theory- relationships in childhood determines life course Psychological theory -behavior social learning personality cognitive Social structure -strain theory cultural deviance CHAPTER 3 LO1 List the similarities and differences between criminal law and civil law Civil law regulates the private rights of individuals. Criminal law regulates individuals' conduct to protect the public. LO2 Summarize the historical development of the criminal law Babylonian code of Hurumbi eye for an eye 10 commandments LO3 Discuss the sources of criminal law The American legal system is codified by state and federal legislators Each jurisdiction precisely defines crime in its legal code and sets out the appropriate punishment Criminal laws are not static and evolve when new behaviors arise that may need to be controlled. Criminal law is also changed by judicial rulings which can rule laws are no longer enforceable or expand the laws All laws must conform to the us constitution LO4 Identify the elements of a crime Actus Reus: The criminal act or omission. Mens Rea: The criminal intent or state of mind. Concurrence: The act and intent must occur together. Causation: The act must cause the harm. Harm: The result of the act must cause damage or injury. Legality: The act must be legally prohibited. Together, these elements form the basis for determining whether a crime has been committed. LO5 Explain excuses and justification defenses for crime excuse defenses A defense in which a person states that his or her mental state was so impaired that he or she lacked the capacity to form sufficient intent to be held criminally responsible. justification defense A defense for a criminal act claiming that the criminal act was reasonable or necessary under the circumstances. Justifications arise in situations in which the defendants don’t deny they committed a crime but claim that anyone in their situation would have acted in a similar fashion. Justification defenses deny mens rea: “I did a bad act, but I did it for all the right reasons.” LO6 Discuss the most recent developments in criminal law reform In recent years, many states and the federal government have been examining their substantive criminal law. Because the law, in part, reflects public opinion and morality regarding various forms of behavior, what was considered criminal 40 years ago may not be considered criminal today. LO7 Describe the role of the Bill of Rights in shaping criminal procedure The purpose of these amendments is to prevent the government from usurping the personal freedoms of citizens. LO8 List the elements of due process of law Due process has been used to evaluate the constitutionality of legal statutes and to set standards and guidelines for fair procedures in the criminal justice system LO9 Explain the role the Supreme Court plays in interpreting the Constitution and shaping procedural law The judicial interpretation of the Constitution is not fixed but reflects what society deems fair and just at a particular time and place. The degree of loss suffered by the individual (victim or offender), balanced against the state’s interests, also determines how many constitutional requirements are ordinarily applied. When the Supreme Court justices are conservative, they are less likely to create new rights and privileges and more likely to restrict civil liberties.