Criminal Justice P100
Criminal Justice P100
8/28/2013 11:11:00 AM
Issues to Consider
Crime is an ever-changing concept o
Ex: alcohol was once illegal (prohibition)
Perception of Crime v. Reality o
Ex:Seems that drug problem is a huge problem now but in reality it is less of a problem than 30 years ago
Criminal justice system as last resort o
Ex: Bloomington laws: can’t ride bike on sidewalks but nobody ever gets a ticket for it
Reactive nature of criminal justice system o
Ex: police aren’t going to get involved unless they are reacting to a call for service.
Crime in the streets(blue collar) v. crime in the suites(white collar) o
Police focus almost exclusively on street crime (rape, theft, burglary, etc.) not too often on other crimes (business crimes)
Public order v. Individual Freedom
The classic struggle law-makers deal with is how to keep the public order while still insuring freedom for the individual
Goals of the Criminal Justice System
Doing justice
Controlling crime
Preventing crime
Federalism
A system of government in which power is divided between a central(national) government and regional(state) governments.
Regional government must follow the central government o
EX: Colorado isn’t following this: Marijuana law
Dual Justice System
State systems handle alleged violations of state law o
Murder, robbery, and rape (also a federal crime)
If you cross a state border this is a FEDERAL CRIME
The federal system handles alleged violations of federal law o
Tampering with mail/mailboxes
Government and Criminal Justice: what are the connections?
Judicial branch: the courts o
Administers the process by wich criminal responsibility is determined
o
Appellate courts interpret laws and review legislative decision making
SUPREME COURT POWERS:
Marbury vs Madison(1803)
Established the power of judicial review
“Midnight judges”
Executive Branch: President, governors, and administrative offices o
ADMINISTER/Carries out many acts of government
o
Holds powers of appointment and pardons
o
Provides leadership for crime control
Legislative Branch: those units that make substantive and procedural law o
CREATE/pass laws
o
Define criminal behavior
o
Establishes penalties
o
Funds crime-control programs
Characteristics of the criminal justice system
1. Discretion o
how much of the law to enforce
2.Resource Dependence o
if resources aren’t there then priorities need to be shifted
ex: not enough money = job cuts
3. Sequential tasks
4. Filtering
P100
8/28/2013 11:11:00 AM
EXAM:
1st 5 chapters
2 packet articles
Differing Conceptions of the Criminal Justice System
See Photo in notes
Criminal Justice Funnel
Of 1,000 crimes that are committed only 5 juveniles and 18 adults are incarcerated o
These numbers are true b/c majority of people don’t call police for most crimes ex: phone is stolen don’t call cops
Criminal Justice Wedding Cake:
Layer 1: o
Celebrated perpetrators/victims
o
Type the media loves
o
Top layer is there for show
Ex: Kasey Anthony
THESE TYPES OF CRIMES IS A VERY RARE OCCURANCE!!!
Layer 2: o
Serious felonies by experienced offenders
o
Violent crimes
o
Get full attention of the CJ system
o
Rare maybe 1 every 6 months
o
Make the news of local news but not state news
Layer 3: o
Less serious offenses which may be felonies
o
Dealt with less seriously, maybe probation
Ex: stabbing a clerk to death, the naked gunman in Bloomington
Ex: car thefts
o
May be in the paper, but not on the front page.
o
Won’t be on the news
Layer 4 o
Most misdemeanors
o
Handled in assembly-line fashion
o
Typical penalty is a small fine
o
Having to go to court may be the “real” punishment
Ex: underage drinking, speeding
Crime Control Model
A model of criminal justice that assumes freedom is so important that every effort must be made to reduce crime so things like efficiency, speed, and Finality are emphasized. The system must have a high capacity to catch, convict, and dispose of offenders
o
Seen as an assembly line
o
Risk: skirting past private rights
o
Examples under crime control:
Flea-bargaining
Wire tapping
Frisking in airports(x-rays)
Swabbing of cheeks when arrested for a crime
Burger Court
Due Process Model
A different model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that decisions are fair and reliable, based on law and formal proceedings. o
o
Seen as an obstacle course
Until proven guilty
more procedural
some people may be guilty but may not get punished for it in court
ex: a police man writes the wrong thing, so man gets off on speeding ticket
o
examples under due process model
right to counsel
random jury selection, must be anonymous answers, start over if it’s a hung juror
Warren Court
VIEW CHART IN NOTES Due process and crime control models
P100
8/28/2013 11:11:00 AM
Criminal Justice Process 5 major types of crime:
Occupational
Organized
Visible (street crime) o
Crimes without victims o
Assault, robbery, etc. Prostitution, drug deals
Political o
Terrorism,
Consensus v. conflict
Mala in se o
Evil in itself—Latin translation
o
Behavior is inherently wrong
Mala prohibita o
Evil that’s forbidden/prohibited—Latin translation
o
Bad because society says its bad
o
How to tell its mala prohibita:
Was/ is it legal somewhere in the states or other countries?
Ex: underage drinking, weed, etc.
Criminal case processing VIEW IMAGE IN NOTES PG.13 Investigation
Who can do it? o
Police arrest vs citizen’s arrest
Citizen’s arrest is legal as long as you believe a felony is being made in your presence and you can use force
Police arrest can arrest if crime was done in presence or not
How long does it continue?
Ongoing- but probably ends with arrest
What is a warrant? o
Search and arrest
Whats probable cause? o
Hunch
o
Suspicion
o
Probable cause
Minimal threshold before you can take someone into custody or search their property
Reasonable belief that :
A crime has occurred and this person committed it
o
Preponderance of the evidence—civil court
o
Proof beyond a reasonable doubt—criminal court
Miranda rights? o
Only necessary when questioning
o
Also under custody
“you have the right to remain silent…”
Booking
Formal recognition that a person is in custody
Fingerprints, photographs
Miranda rights formally read
Possible interrogation/lineup
Charging
Prosecutor( or underlings) makes decision as to what the charge should be
First/Initial appearance
Prevents ”fishing expeditions” o
Holding u in a cell until you cant take it anymore and tell the truth
Advises defendant of charges
Formal detailing of rights
Chance for bail (if approved by judge)
Preliminary hearing
Used in about half of the states
Mini-trial
Not required, can be waived
Gives defense a chance to assess case against defendant
Judge determines if enough evidence is there to take it to an actual court
Information/indictment
Information- prosecutor
Indictment- grand jury o
Grand jury vs petit jury
o
True bill vs no bill
Grand jury:
Investigates wrongdoing
Affirms or denies prosecutor’s charges
Does NOT decide guilt or innocence
Arraignment
Formal charges read- ( not really though bc u already know them)
Chance to enter plea o
Guilty
o
Not guilty
At this point most people plead not guilty so they can hear what the new pleas will be and to bargain
o
Nolo contendere
I will not contest the charges
o
Throwing your hands up
You aren’t admitting guilt
Mute
Treated as a not guilty plea
Trial
Not very typical due to: o
Plea bargaining
o
Prevalence of guilty plea
In-between arraignment and trial
Bench v. Jury trial o
Defendant chooses which one they want
Bench trial—only a judge determines fate
Only have to convince one person you are not guilty
Jury trial- less common
Have to convince 12 people you are not guilty
CJ P100
8/28/2013 11:11:00 AM
CJ Process Contd. Sentencing
Often done a week or two after trial
Can be done by judge or jury
Presentence investigation
Judge’s opinions o
Consecutive v. concurrent sentencing
Consecutive: serve first, second, third… etc
Concurrent: all served as one sentence
o
Ex: 5yrs + 5yrs +5yrs… Ex: only 5 years
Suspended sentence
Time spent in jail is already enough you do not need to go to prison
Appeals
Only if found guilty
Only by defense
Usually no grounds for appeal o
The grounds may be: challenging constitutionality of law or procedural challenge
Usually 80% denied o
Not required to hear your appeal unless it is a death penalty case
Counting Crime Methods of Measurement Uniform crime reports (UCR)
Founded by Hoover o
Indexed 1 offenses
Murder and non-negligent manslaughter
Aggravated assault
Forcible rape
Robbery
Burglary- commercial and household
Larceny- theft- commercial and household
Motor vehicle theft
Arson
Issue with this is few crimes that are missed: drugs, terrorism, kidnapping, etc.
Not all crime is reported
Administrative errors in recording data: o
Interpreting UCR definitions
o
Systematic counting errors
o
Deliberately altered or manipulated data
Methodological problems o
Hierarchy rule
Has been corrected
If someone commits a number of crime they only count the most serious crime
NIBER became existant
2 major UCR index crime groups o
o
violent crime
murder and nonnegligent manslaughter
aggravated assault
forcible rape
robbery
non-violent crime
burglary
larceny/theft
motor vehicle theft
arson
Natural crime victimization survey (NCVS)
Bureau of cencsus and bureau of justice statistics
Sample includes 100,000 people in 50,000 households
Respondents queried every six months about household and personal victimizations o
Ask have you been TOUCHED by crime---- not have u reported crime
Offenses o
Rape
o
Robbery-personal
o
Assault- aggravated and simple
o
Household burglary
o
Larceny-personal and household
o
Motor vehicle theft
The ones underreported will be the personal crimes done to you due to the person abusing you may be in the same room as you
Self- report studies
Helps measure the Dark Figure of crime o
Refers to the amount of crime that is undetected and unknown
Just like the tip of an iceberg … large under layer small above water
Reveals that crime is a very common activity
Demonstrates youth crime is spread throughout the social classes
Probably a reliable measure of trends over a period of time o
UCLA Freshman study
Ask many questions such as do you smoke, drink, go to church, etc.
It compares your class from the classes before you
Class of 1993, 1983, 1973, etc
CJ P 100
8/28/2013 11:11:00 AM
Explaining Crime Trends
Crime rates are dropping
Most property crime has dropped
Violent crime has dropped since 1993
Males 16-24 are the most crime prone group
Ecology of Victimization
Most occur in large urban areas
Occur in evening hours
Mostly open public areas
SEE SLIDE
CJ and the Rule of Law
Substantive criminal law o
Law defining acts that are subject to punishment, and specifying the punishments for such offenses
o
Only time you would do this would be to appeal a new law
Ex: challenging “in god we trust” and “under god” in the pledge of allegiance forcing a religion on another person
Procedural criminal law o
Law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and correction
o
didnt follow proper procedures
ex: didn’t read me my rights
Foundations of criminal law
Defense and justifications
The role of the supreme court
Sources of Criminal Law
Common law o
Uncodified law relying on precedent
Stare decisis
Ex: common law spouse once you are together for 7 years even though you may not be married he/she can inherited your property/money
o
Not very common anymore
Statutory law o
What congress says is right
o
Constitutions- forms basis for all laws
o
Statutes- passed by legislature
o
Case law- created by courts
Administrative law- rules made by agencies o
Ex: taking shoes off at airport
Constitutional law
Felonies and Misdemeanors
Felonies: more serious crimes, punishable by more than a year in prison o
Determined if it can harm/take a life
Misdemeanors: less serious sentences of a fine, probation, or a jail sentence less than a year o
Doesn’t harm your life
Criminal and Civil (Tort) law
Similarities o
Both seek to control behavior
o
Both impose sanctions
o
Civil Forfeiture (RICO)
Punishment or tax?
Civil law that says if the law enforcement agencies suspect that you are getting objects through illegal means, they can seize the property
Differences o
The INTENT of the wrongdoer
o
Civil court: take your money
o
Criminal court: put u in prison
Principles of criminal law
Developed by Jerome Hall o
Legality
Behavior must be defined as prohibited before the act occurs (no ex post facto legislation)
Ex: Posting don’t text and drive signs in downtown Chicago because it is only illegal in downtown Chicago not in Illinois
Ex post facto: writing a law saying those who have spousal abuse cant own a gun, but then 35 police officers in Indy couldn’t own guns, so they sued the government
o
Actus reus
Must be an act of omission or commission
Ex: watching your child drowning in a river, it isn’t illegal for you to not help him unless you are the parent
Inchoate offense
Conspiracies and attempts
Ex: attempting to kill a person …. Buying a rope, gun, gasoline, etc.
o
Causation
Must be a relationship between act and harm
o
Harm
o
Concurrence
o
Mens Rea
o
Punishment
8/28/2013 11:11:00 AM
Issues to Consider
Crime is an ever-changing concept o
Ex: alcohol was once illegal (prohibition)
Perception of Crime v. Reality o
Ex:Seems that drug problem is a huge problem now but in reality it is less of a problem than 30 years ago
Criminal justice system as last resort o
Ex: Bloomington laws: can’t ride bike on sidewalks but nobody ever gets a ticket for it
Reactive nature of criminal justice system o
Ex: police aren’t going to get involved unless they are reacting to a call for service.
Crime in the streets(blue collar) v. crime in the suites(white collar) o
Police focus almost exclusively on street crime (rape, theft, burglary, etc.) not too often on other crimes (business crimes)
Public order v. Individual Freedom
The classic struggle law-makers deal with is how to keep the public order while still insuring freedom for the individual
Goals of the Criminal Justice System
Doing justice
Controlling crime
Preventing crime
Federalism
A system of government in which power is divided between a central(national) government and regional(state) governments.
Regional government must follow the central government o
EX: Colorado isn’t following this: Marijuana law
Dual Justice System
State systems handle alleged violations of state law o
Murder, robbery, and rape (also a federal crime)
If you cross a state border this is a FEDERAL CRIME
The federal system handles alleged violations of federal law o
Tampering with mail/mailboxes
Government and Criminal Justice: what are the connections?
Judicial branch: the courts o
Administers the process by wich criminal responsibility is determined
o
Appellate courts interpret laws and review legislative decision making
SUPREME COURT POWERS:
Marbury vs Madison(1803)
Established the power of judicial review
“Midnight judges”
Executive Branch: President, governors, and administrative offices o
ADMINISTER/Carries out many acts of government
o
Holds powers of appointment and pardons
o
Provides leadership for crime control
Legislative Branch: those units that make substantive and procedural law o
CREATE/pass laws
o
Define criminal behavior
o
Establishes penalties
o
Funds crime-control programs
Characteristics of the criminal justice system
1. Discretion o
how much of the law to enforce
2.Resource Dependence o
if resources aren’t there then priorities need to be shifted
ex: not enough money = job cuts
3. Sequential tasks
4. Filtering
P100
8/28/2013 11:11:00 AM
EXAM:
1st 5 chapters
2 packet articles
Differing Conceptions of the Criminal Justice System
See Photo in notes
Criminal Justice Funnel
Of 1,000 crimes that are committed only 5 juveniles and 18 adults are incarcerated o
These numbers are true b/c majority of people don’t call police for most crimes ex: phone is stolen don’t call cops
Criminal Justice Wedding Cake:
Layer 1: o
Celebrated perpetrators/victims
o
Type the media loves
o
Top layer is there for show
Ex: Kasey Anthony
THESE TYPES OF CRIMES IS A VERY RARE OCCURANCE!!!
Layer 2: o
Serious felonies by experienced offenders
o
Violent crimes
o
Get full attention of the CJ system
o
Rare maybe 1 every 6 months
o
Make the news of local news but not state news
Layer 3: o
Less serious offenses which may be felonies
o
Dealt with less seriously, maybe probation
Ex: stabbing a clerk to death, the naked gunman in Bloomington
Ex: car thefts
o
May be in the paper, but not on the front page.
o
Won’t be on the news
Layer 4 o
Most misdemeanors
o
Handled in assembly-line fashion
o
Typical penalty is a small fine
o
Having to go to court may be the “real” punishment
Ex: underage drinking, speeding
Crime Control Model
A model of criminal justice that assumes freedom is so important that every effort must be made to reduce crime so things like efficiency, speed, and Finality are emphasized. The system must have a high capacity to catch, convict, and dispose of offenders
o
Seen as an assembly line
o
Risk: skirting past private rights
o
Examples under crime control:
Flea-bargaining
Wire tapping
Frisking in airports(x-rays)
Swabbing of cheeks when arrested for a crime
Burger Court
Due Process Model
A different model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that decisions are fair and reliable, based on law and formal proceedings. o
o
Seen as an obstacle course
Until proven guilty
more procedural
some people may be guilty but may not get punished for it in court
ex: a police man writes the wrong thing, so man gets off on speeding ticket
o
examples under due process model
right to counsel
random jury selection, must be anonymous answers, start over if it’s a hung juror
Warren Court
VIEW CHART IN NOTES Due process and crime control models
P100
8/28/2013 11:11:00 AM
Criminal Justice Process 5 major types of crime:
Occupational
Organized
Visible (street crime) o
Crimes without victims o
Assault, robbery, etc. Prostitution, drug deals
Political o
Terrorism,
Consensus v. conflict
Mala in se o
Evil in itself—Latin translation
o
Behavior is inherently wrong
Mala prohibita o
Evil that’s forbidden/prohibited—Latin translation
o
Bad because society says its bad
o
How to tell its mala prohibita:
Was/ is it legal somewhere in the states or other countries?
Ex: underage drinking, weed, etc.
Criminal case processing VIEW IMAGE IN NOTES PG.13 Investigation
Who can do it? o
Police arrest vs citizen’s arrest
Citizen’s arrest is legal as long as you believe a felony is being made in your presence and you can use force
Police arrest can arrest if crime was done in presence or not
How long does it continue?
Ongoing- but probably ends with arrest
What is a warrant? o
Search and arrest
Whats probable cause? o
Hunch
o
Suspicion
o
Probable cause
Minimal threshold before you can take someone into custody or search their property
Reasonable belief that :
A crime has occurred and this person committed it
o
Preponderance of the evidence—civil court
o
Proof beyond a reasonable doubt—criminal court
Miranda rights? o
Only necessary when questioning
o
Also under custody
“you have the right to remain silent…”
Booking
Formal recognition that a person is in custody
Fingerprints, photographs
Miranda rights formally read
Possible interrogation/lineup
Charging
Prosecutor( or underlings) makes decision as to what the charge should be
First/Initial appearance
Prevents ”fishing expeditions” o
Holding u in a cell until you cant take it anymore and tell the truth
Advises defendant of charges
Formal detailing of rights
Chance for bail (if approved by judge)
Preliminary hearing
Used in about half of the states
Mini-trial
Not required, can be waived
Gives defense a chance to assess case against defendant
Judge determines if enough evidence is there to take it to an actual court
Information/indictment
Information- prosecutor
Indictment- grand jury o
Grand jury vs petit jury
o
True bill vs no bill
Grand jury:
Investigates wrongdoing
Affirms or denies prosecutor’s charges
Does NOT decide guilt or innocence
Arraignment
Formal charges read- ( not really though bc u already know them)
Chance to enter plea o
Guilty
o
Not guilty
At this point most people plead not guilty so they can hear what the new pleas will be and to bargain
o
Nolo contendere
I will not contest the charges
o
Throwing your hands up
You aren’t admitting guilt
Mute
Treated as a not guilty plea
Trial
Not very typical due to: o
Plea bargaining
o
Prevalence of guilty plea
In-between arraignment and trial
Bench v. Jury trial o
Defendant chooses which one they want
Bench trial—only a judge determines fate
Only have to convince one person you are not guilty
Jury trial- less common
Have to convince 12 people you are not guilty
CJ P100
8/28/2013 11:11:00 AM
CJ Process Contd. Sentencing
Often done a week or two after trial
Can be done by judge or jury
Presentence investigation
Judge’s opinions o
Consecutive v. concurrent sentencing
Consecutive: serve first, second, third… etc
Concurrent: all served as one sentence
o
Ex: 5yrs + 5yrs +5yrs… Ex: only 5 years
Suspended sentence
Time spent in jail is already enough you do not need to go to prison
Appeals
Only if found guilty
Only by defense
Usually no grounds for appeal o
The grounds may be: challenging constitutionality of law or procedural challenge
Usually 80% denied o
Not required to hear your appeal unless it is a death penalty case
Counting Crime Methods of Measurement Uniform crime reports (UCR)
Founded by Hoover o
Indexed 1 offenses
Murder and non-negligent manslaughter
Aggravated assault
Forcible rape
Robbery
Burglary- commercial and household
Larceny- theft- commercial and household
Motor vehicle theft
Arson
Issue with this is few crimes that are missed: drugs, terrorism, kidnapping, etc.
Not all crime is reported
Administrative errors in recording data: o
Interpreting UCR definitions
o
Systematic counting errors
o
Deliberately altered or manipulated data
Methodological problems o
Hierarchy rule
Has been corrected
If someone commits a number of crime they only count the most serious crime
NIBER became existant
2 major UCR index crime groups o
o
violent crime
murder and nonnegligent manslaughter
aggravated assault
forcible rape
robbery
non-violent crime
burglary
larceny/theft
motor vehicle theft
arson
Natural crime victimization survey (NCVS)
Bureau of cencsus and bureau of justice statistics
Sample includes 100,000 people in 50,000 households
Respondents queried every six months about household and personal victimizations o
Ask have you been TOUCHED by crime---- not have u reported crime
Offenses o
Rape
o
Robbery-personal
o
Assault- aggravated and simple
o
Household burglary
o
Larceny-personal and household
o
Motor vehicle theft
The ones underreported will be the personal crimes done to you due to the person abusing you may be in the same room as you
Self- report studies
Helps measure the Dark Figure of crime o
Refers to the amount of crime that is undetected and unknown
Just like the tip of an iceberg … large under layer small above water
Reveals that crime is a very common activity
Demonstrates youth crime is spread throughout the social classes
Probably a reliable measure of trends over a period of time o
UCLA Freshman study
Ask many questions such as do you smoke, drink, go to church, etc.
It compares your class from the classes before you
Class of 1993, 1983, 1973, etc
CJ P 100
8/28/2013 11:11:00 AM
Explaining Crime Trends
Crime rates are dropping
Most property crime has dropped
Violent crime has dropped since 1993
Males 16-24 are the most crime prone group
Ecology of Victimization
Most occur in large urban areas
Occur in evening hours
Mostly open public areas
SEE SLIDE
CJ and the Rule of Law
Substantive criminal law o
Law defining acts that are subject to punishment, and specifying the punishments for such offenses
o
Only time you would do this would be to appeal a new law
Ex: challenging “in god we trust” and “under god” in the pledge of allegiance forcing a religion on another person
Procedural criminal law o
Law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and correction
o
didnt follow proper procedures
ex: didn’t read me my rights
Foundations of criminal law
Defense and justifications
The role of the supreme court
Sources of Criminal Law
Common law o
Uncodified law relying on precedent
Stare decisis
Ex: common law spouse once you are together for 7 years even though you may not be married he/she can inherited your property/money
o
Not very common anymore
Statutory law o
What congress says is right
o
Constitutions- forms basis for all laws
o
Statutes- passed by legislature
o
Case law- created by courts
Administrative law- rules made by agencies o
Ex: taking shoes off at airport
Constitutional law
Felonies and Misdemeanors
Felonies: more serious crimes, punishable by more than a year in prison o
Determined if it can harm/take a life
Misdemeanors: less serious sentences of a fine, probation, or a jail sentence less than a year o
Doesn’t harm your life
Criminal and Civil (Tort) law
Similarities o
Both seek to control behavior
o
Both impose sanctions
o
Civil Forfeiture (RICO)
Punishment or tax?
Civil law that says if the law enforcement agencies suspect that you are getting objects through illegal means, they can seize the property
Differences o
The INTENT of the wrongdoer
o
Civil court: take your money
o
Criminal court: put u in prison
Principles of criminal law
Developed by Jerome Hall o
Legality
Behavior must be defined as prohibited before the act occurs (no ex post facto legislation)
Ex: Posting don’t text and drive signs in downtown Chicago because it is only illegal in downtown Chicago not in Illinois
Ex post facto: writing a law saying those who have spousal abuse cant own a gun, but then 35 police officers in Indy couldn’t own guns, so they sued the government
o
Actus reus
Must be an act of omission or commission
Ex: watching your child drowning in a river, it isn’t illegal for you to not help him unless you are the parent
Inchoate offense
Conspiracies and attempts
Ex: attempting to kill a person …. Buying a rope, gun, gasoline, etc.
o
Causation
Must be a relationship between act and harm
o
Harm
o
Concurrence
o
Mens Rea
o
Punishment
