CJ 100 Final

What is Criminal

Someone who has committed a crime

Relating to a crime

An act that is deplorable

Mala in Se Crimes

Something that is wrong in itself

Mala Prohibita Crimes

Reflect public policy at that given time

Consensus Perspective

everyone agrees should be against the law

The conflict perspective

Office impose what they believe on the rest of the public

Consequences of crime- Sanctions

Consequences intended to deter people from breaking law

informal= disapproval

Formal= law

Structure of criminal justice system

Law enforcement= most familiar part

range of issues for police

Structure of criminal justice system

Judicial system= duel court system

Federal= district, appellate/circuit, The Supreme Court

State= District, Circuit, Court of Appeals, supreme court

Uniform Crime Report

1920s

FBI Initiatives= part 1 offense- homicide, rape...

Part 2- 21 other offenses

National Incident Based Reporting System

Aims to enhance UCR

More detailed info about crimes

Low participation <40%

National Crime Victimization Survey (NCVS)

Attempt to get more accurate pic of crime

Interviews both victims and non victims

Tries to address reported and nonreported crime

Focuses mainly on crimes and victims

IMplication is many crimes not measured under UCR

Group of unreported and unrecorded crimes in "dark figure of cime"

Self report data

My give info about offender not caught

Anonymity protects of reporting allows offenders to reveal undiscovered incidents of crime

or to brag about non-existent ones

Types of Visible crime

Violent

Property

Public Order

Occupational Crimes

Political Crimes

Organized Crime

Victimless Crimes

Hammurabi's Code

1st real list of rules/ codes

Ancient Greek/ Romans

Relied heavily on written laws

Common Law

England

Royal judges carried with them consistent set of rules (Riding the Court)

Common law relies on precedent

Foundation of US law today

Modern Sources of Law in US

Statutes

Felonies= crime punishable by 1+ year in prison

Misdemeanors= punishable by <1 year in prison

Ordinances= Punishable by 90 days in jail

Corpus Delecti

Proof that a crime has been committed (Act and agent)

state must prove that a crime has been committed

Law/ Elements of crime

Legality, Actus Reas (guilty act), Causation (act caused harm), harm, concurrence (meaning to do what you did), Mens Rea (guilty mind), Punishment for crime

Insanity= M'Naghten Rule

Defendants must have mental state rendered them unable to know what they were doing or if they did know that is was wrong

Insanity= Durham Rule

Mental disease at time of crime

Curable Mental disease

Insanity= Guilty by mentally ill (GBMI)

Intended as compromise between acquitting mental disorder defendant and finding guilty.

Grants convicted right to psychiatric treatment during incarceration

History of police

Alfred the great (9th century)= all for one and one gets punished, requirement to give assistance, no sanctuary given, tithings, frank pledge

History

Vigilantism= volunteer self-appointed groups organized to suppress and punish criminals. Flourished from mid 1700 to about 1900. Tightly organized or "as hoc", Historically enforced norms rather than laws

History

Slave Patrols= 1st publicly funded city police agencies, prevent runaway, prevent insurrection. subdue rebellion, South Carolina then virginia

History

Development of Policing= fragmentation of society, duties related to prevent/ control- vice, riots, fires, public health

History

English Model= Metropolitan Police Act 1829, Sir Robery Peel (Home Security of England) Father of policing, 1st large 1000+ organized police force. Limited authority of officers, local control, quasi-military structure (everyone has 1 structure),

History

Political Era= 1840-1920, prompted by mod violence and gin, Fear of street crime, Local political bosses choose police officers as a reward, role was to control and maintain order, Inadequate training- spoils system, Use of force was common, Protection of status quo

Professional era

1920-1070, concern with corruption, advances in tech like cars tv radio...., 6 elements= freedom from political influence, well trained and well disciplined foce, equal enforcement of the law, incorporation of new tech, personal procedures based on merit, fighting crime as primary duty

History

Community Policing Era= 1070 to present, emphasis on positive public relations, riots/ brutality claims precipitate review, increased in federal assistance, growth in police unions, principles= problem solving best done at neighborhood, local problem solving, citizens active in fighting crime

Police Discretion 3 factors

Who initiates the complaint- Self initiated, citizen initiated, department policy, personal assessment

Policing Operations

Maintain order, enforcing law, service activities

Police Patrol Strategy

Patrol deters crime= preventive patrol, aggressive patrol,

Arrest

exercise of the power to deprive a person of his or hers liberty, taking or keeping of a person in custody by legal authority in response to a criminal charge.

4TH AMENDMENT

right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizure, shall not be violated and no warrants shall issue upton probable cause, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.

4th amendment continued

Searches and seizures apply only to governement agents, reasonable expectations of privacy

Illinois vs. Gate 1983

anonymous later mr.gates and wife selling drugs, 2 prong test: Veracity and Reliability= that the informant with a basis of knowledge should be used in a common sense context, totality of circumstances.

Illinois vs. Gate

Searches with a warrant= reasonableness- probable cause, ordinarily gov must obtain warrant before its agents can conduct search or seizure, reasonable person could conclude there is a likelihood a crime has been committed.

Searches without a warrant

Reasonable suspicion- reasonable officer could alleviate that a person has been or is about to be engaged in criminal activity

Presumed to be illegal

Searches without a warrant

Plain view searches= use of senses, open fields doctrine

Terry Stop

Brief interference with a persons freedom justified by reasonable suspicion

Exclusionary Rules

evidence obtained in violation of a individuals 4th amendment rights cannot be used against that individual in a criminal trial

5th Amendment

Right to remain silent- double jeopardy= protection from repeated trials for the same crime, cannot be punished twice for the same offense, can be tried in different states or federal court, can be tried for different charge

6th Amendment

Fair Trial, Due process

8th Amendment

Cruel and Unusual Punishment

Jurisdiction

Authority to preside over a case, based upon geography and or type of case

Jurisdiction

Federal courts- involve federal law or the federal constitution, citizens of different states and at least $75,000 in controversy, US itself is a party

Jurisdiction

Civil action- determine responsibility or damange, use same courts, assignment of jurisdiction= district- landlord/tenant, small claims, traffic... Probate- everything is civil, delinquency, adoption, secret marriages, estates. Circuit- lawsuites over certain limit, juvenile, domestic

Courtroom Workgroup: Judge

decisions regarding warrants, oversees conduct of the courtroom, settles questions of evidence and procedure, guides questioning of witnesses, instructs jury if there is one, decides case if no jury, imposition of sentence, adjudicator, negotiator, administrator

Courtroom Workgroup- Prosecutor

Will charge be brought, what charge, what sentence to recommend, chief law enforcement officer local, guide prosecution in court

Courtroom Workgroup- Defense

Defendant has absolute right to attorney, representation at all steps of process- pre-trial release, best charge possible, prevent conviction, Appeal

Bordenkircher vs. Hayes

court of appeals: threat violence hayes rights under double jeopardy clause of 5th amendment. Supreme court: due process rights not violated, legitimate interest in convincing defendant to give up right to plea not guilty. Threatening a stiffer penalty is legal and part of any legit system which tolerates and encourages the negotiation of please.

More 6th Amendment

Right to counsel and speedy Trial, begins to protect as soon as formal charges are filed, affords several rights= counsel, speedy trial, jury, confront and cross examine witnesses. Right to counsel at all stages of proceedings- during preliminary hearings, plea bargaining, police, interrogations and lineups that occur after defendant has been charged.

Stages of Trial

Jury Selection- voir Dire= jury selections.

Opening statements

Prosecutors case

Defense case

Defense closing statement

Prosecution closing statement

Judges instructions

Jury Deliberation

Verdict

Appeal

what is cruel and unusual punishment

Sentence disproportionate to offense

Sentence beyond jurisdiction of the court

Sentence is not authorized by statute

Sentence or conditions of confinement goes beyond what is acceptable to society

Goals of sentencing

Retribution

Deterrence

Incapacitation

Rehabilitation

Restoration

Determinate Sentences

Sentence determined by statue

certain penalty for certain criteria

Automatic release after term minus good time

Indeterminate sentences

Sentence fitted to the offender

Recognizes the offender returns to community

Early release dependent upon behavior/ program

Presumptive Sentencing

A legislature sets min presumed sentence

Judge has to justify deviations

Aggravating circumstances

Mitigating circumstances

Abolishes discretionary parole

Capital Punishment

Capital crime is an offense punishable by execution

Allowed in 36 states for various offenses

97% of murder convictions not sentenced to death

Capital Punishment- Furman vs. Georgia 1972

Death penalty as administered is unconstitutional

procedures were arbitrary and unfair

invalidated death penalty in 29 states

decided on equal protection issues

Capital Punishment- Gregg vs. Georgia 1976

upheld capital punishment laws that required judge to consider aggravating and mitigating circumstances deciding death penalty.

Corrections

Societies efforts to punish and treat those who break the law and thereby protect the people

Programs, services and facilities that deal with offenders. Institutional corrections: incarceration in jails and prison. Community Corrections: post- incarcerations programs, including probation and parole

Penitentiaries: Confinement system

separate living quarters

Limited communication

Solitary labor, bible reading, reflection

Usually confined to cells

The Congregate System

Isolated at night

Work in groups (Congregate together)

Rule of silence- as the key to discipline

Reformatory Movement

New ideas in prisons and punishment

Inmates people can change

Parole- reward for being reformed

Indeterminate sentencing

Emphasis on training- skill building

Classification/evolution= don't assume everyone is alike.

Rehabilitation Model

Improve conditions that lead to crime

Rehabilitate individual offenders

Added classifications

Added treatment programs

Medical or therapeutic model

Reintegration model

Extension of rehabilitation model

Invest in the community

avoid prison if possible but if not assist transition back to community, job training, work release, furloughs, half-way house

Crime control model

primary goal is to suppress and constrain the behavior of criminals through incarceration. Used today in med, max and supermax security prison. Rejection of concepts of indeterminate sentence, treatment programs, discretionary release

Community Corrections

Community boards, attempts to meet many goals of corrections: punish offenders, protect the community, reduce crime, save money, prevent prison crowding, offenders invested in community

jails

Local facilities, population= pretrial incarceration, short term sentences, pending probation/parole revocation hearing, pending transfer to psychiatric facilities, way station en route to deportation, short term felons

Prison

Operated by states or federal government, secure facilities, penitentiaries, rising prisons costs, demand for incarceration rises, disproportionate incarceration

Prisoner Rights

Civil rights, due process rights= 3 tests of constitutionality= does the punishment shock the conscience, is it unnecessarily cruel, does it go beyond legitimate aims

Juvenile Sentencing- Lockyer vs. Andrade

Lockyer attorney general california, Andrade convicted felon accused of 2 new offenses. Appeal cited 8th Amendment since he got 25 years for stealing $150 of tapes

4Th Amendment- Search and Seizure

Warrants shall issue

Probable Cause

Supported by oath or affirmation

5th Amendment- Due Process

Answer for a capital or otherwise infamous crime

Indictment of a Grand Jury

Double Jeopardy

Be Compelled in any criminal case to be witness against himself

Due process, nor shall private property be taken for public use.

6th Amendment- speedy and public trial

Impartial jury, be informed of the nature, be informed of the nature and cause of the accusation, confronted with the witness, compulsory process for obtaining witnesses in his favor, assistance to counsel

Juvenile

Cannot be sentenced to life without parole for non-murder

Juvenile Appeals

Rely mainly on disproportionate sentencing- 8th amendment, cruel and unusual punishment

Development of Probation

Reprieves: suspend/ delay and sentence

Eventually become what we call probation

John Augustus- 1840= father of probation

1940- therapeutic counseling, 1960s social services, 1970s- risk management. community justice.

Probation officer

2 Functions- investigate and report on cases assigned; Enforce the orders of the court

Conditions of probation

Report as ordered, obtain maintain employment, school or training, allow the probation officer to visit the probationer's home or place of employment, not commit crimes, not change residence without first notifying the probation officer, not associate with persons with criminal record, restitution.

Recidivism

Re-arrest,reconviction , technical violations, number of persons successfully completing probation relatively constant since 1995, serious offenders more likey to recidivate, The earlier the onset, more likely the to offend again, lower than prison recidivism

Release from Prison

Discretionay= release with supervision, parole board determines readiness- nature of offense, inmates behavior, participation in rehabilitative programs. Mandatory= Serves sentence minus good time, minimum Specified by law/order, conditional release from remainder of sentence. Expiration of sentence= serve complete sentence.

Other conditional releases

Furloughs: specific time for specific purpose

Halfway House: transition to community

Emergency release

Parole

Early conditional release of a prisoner from incarceration after successfully serving a portion of the sentence there

3 concepts: Grace, Contract, Custody

Parole Guidelines

Help boards make good decisions and to limit their discretion, identify candidates with low risk for failure and identify candidates with high probability for success.

Pardon

Granted by president or governor.

3 Main purposes= remedy miscarriage of justice, remove stigma of conviction, mitigate a penalty

Ecology of Crime Victimization

Most victimization occur in large urban areas, most incidents occur the evening hours, most likely sites are open public areas, an overwhelming number of incidents involve only one victim.

Justice for all Act 2004

rights for crime victims in federal criminal cases, at least 20 states have amended their constitutions in order to provide similar protections for crime victims.

Proposed Victims Rights Amendment

To be informed of and given the opportunity to be present at every proceeding in which those rights are extended to the accused or convicted offender; to be heard at any proceeding involved sentencing, including the right to object to a previously negotiated pleas, or a release from custody, to a speedy trial, a final conclusion free from unreasonable delay, full restitution from the convicted offender, reasonable measures to protect the victim from violence or intimidation by the accused

State constitution of Michigan 1963

Crime victims- to be treated with fairness and respect for their dignity and privacy throughout the justice process. To timely disposition of the case following arrests, to be reasonably protected from the accused, to notification of the proceeding, to attend the trial and all other proceedings, to confer with the prosecution, to make a statement at sentencing, to restitution to information about the conviction sentence imprisonment and release of the accused.

Recognizing Victimization

all victims suffer differently but all suffer to some degree, important to identify victimization, assess suffering and provide services to help victims. Emphasis on prisoners rights and weakening of law enforcement= surge in crime.

Victimization

75% of victimizations are property

Juvenile Justice

Percentage of arrest of person under 18

arson= 51%

Vandaism 39%

Driving under the influence = 1%

Development of Juvenile Justice

Outgrowth of English Common Law.

Magna Carta

Robin Hood

Chancellor of the Exchequer

Doctrine of Parens Patriae

literally the father of the country, assumed a paternal relationship the groundwork for formation of juvenile justice.

Philosophical basis for juvenile courts in america at turn of the century, that state was to act on behalf of the parent in interests of the child until the 1960s when the emphasis began to focus on due process approach for juveniles.

Common law influence on the concept of responsibility

under age of 7 no criminal intent or responsibility

over 12 criminal intent therefore responsibility

age 7-12 maybe...maybe not

Pre-Juvenile Court Era 1600-1898

major developments= massachusetts stubborn child law 1646

family primary means of enforcing laws

influence of the church

serious crimes punished as adults

indenture, apprenticeship.

house of refuge 1820s

old ways might not be best way

Juveniles a little adults

juveniles need to be taught to work and the value of work

Juvenile Court Era 1899- 1980

Daniel O'Connell

child savers= upper middle class women saw conditions kids and women and wanted to save them from life of repeating life course. New idea of look at children and crime= kids are kids, influence of bio, society, environment, mental capacity

Illinois Juvenile Court Act of 1899

first comprehensive system of juvenile justice, major elements= separate court of delinquent, dependent and neglected children, status offenses: actions against law only because of the perpetrators status as a juvenile (running away from home, school truency), non-adversarial, informal, proceedings, Separation of children and adults. program of probation to assist the court deciding what is best for the child. The Judge would act as a Kindly Parent

Juvenile Justice Process

underpinning the process are thoughts that interests of the child should be primary, proceedings should be non-adversarial, the bureaucracy should be primarily staffed by persons from the helping professions

Juvenile Justice in the US= In Re Gault 1967

Arizona, prank phone call to neighbor said dirty things. arrested. was told did not need a lawyer when mother arrived. Jailed 3-5 years. Mother wanted appeal- Arizona cannot appeal in juvenile court. Goes to federal court= due process in juvenile court, notice of charges, right to representation. right to confront witnesses against you, protection against self-incrimination, punishment by any other name is punishment!

Juvenile Justice In the US- Kent vs. US 1966

Kent convicted of houebreaking, robbery and rape. Waved to circuit court- convicted. Appealed: juveniles have the right to counsel at a hearing at which a juvenile judge may wave the case to adult court

Crime Control Era 1980- present

based on perception of the super-predator, criminal sexual conduct offenses rose 26%, murder rate increased 150%, more conservative public attitudes and policies system became more formal, restrictive and punitive

Juvenile Justice system

age limit defined in terms of max age for referral= in MIchigan= not yet reached 17th birthday.

4 types of cases fall under jurisdiction

delinquency, status offense, neglect, dependency

Diversion

Act that avoids formal processing of a juvenile through the court system

Formal processing: permanent record

Informal processing: confidential record

who can divert? police, courts, any agency who would otherwise refer to the court

Intake

how do juveniles get to intake? walk-ins, petition.

Who refers juveniles to intake? police/prosecutor, schools, protection services, parents, agencies.

Intake conducts and inquiry or a hearing or both: inquiry= can be based on record. Hearing= legal proceeding

Pretrial procedures

initial inquiry or hearing. juvenile are informed of their rights and told that a plea must be voluntary. If the youth is to be detained pending trial most states require a detention hearing= presumption is that child will be released, if detained most states give right to bail.

Disposition

Juvenile found to be delinquent dispositional hearing help to decide what action should be taken, often part of bifurcated proceeding. Judge received predisposition report. 4 basic choices= dismissal, probation, alternative dispositions, custodial care (placement). 2 Main options= probation and commitment to an institution.

Community Model: Avoid unnecessary incarceration

Labeling effects, abandoning only environment they know, treatment believed to be more effective when child living in normal supportive home environment

Contemporary Challenges

Cybercrime= any crime relies on a computer and a electronic network its commission- hacking, digital child porn, identify theft and online fraud, stalking and bullying.

Terrorism= according to US code premeditated politically motivated violence perpetrated politically motivated violences.... law or war, law enforcement has threefold rule: protection of community emergency response, intelligence gathering and sharing. We give up freedom to be safe

Contemporary Challenges

Hate crimes= who gets protected, often used as penalty enhancers, can we prove it?

Controlling civil disorder= Social protests- breaking the law with a point, Crows with a point to make- law abiding, Mobs with a leader instigator- not law abiding, Riots when a mob turns violent.

CJ 100 Final

Criminal Justice 110 with Thalhammer at Michigan State University

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