Office impose what they believe on the rest of the public
Consequences of crime- Sanctions
Consequences intended to deter people from breaking 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
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
1st real list of rules/ codes
Ancient Greek/ Romans
Relied heavily on written laws
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
Felonies= crime punishable by 1+ year in prison
Misdemeanors= punishable by <1 year in prison
Ordinances= Punishable by 90 days in jail
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
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
Slave Patrols= 1st publicly funded city police agencies, prevent runaway, prevent insurrection. subdue rebellion, South Carolina then virginia
Development of Policing= fragmentation of society, duties related to prevent/ control- vice, riots, fires, public health
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),
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
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
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
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.
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
Brief interference with a persons freedom justified by reasonable suspicion
evidence obtained in violation of a individuals 4th amendment rights cannot be used against that individual in a criminal trial
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
Fair Trial, Due process
Cruel and Unusual Punishment
Authority to preside over a case, based upon geography and or type of case
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
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.
Defense closing statement
Prosecution closing statement
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
Sentence determined by statue
certain penalty for certain criteria
Automatic release after term minus good time
Sentence fitted to the offender
Recognizes the offender returns to community
Early release dependent upon behavior/ program
A legislature sets min presumed sentence
Judge has to justify deviations
Abolishes discretionary parole
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.
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
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
New ideas in prisons and punishment
Inmates people can change
Parole- reward for being reformed
Emphasis on training- skill building
Classification/evolution= don't assume everyone is alike.
Improve conditions that lead to crime
Rehabilitate individual offenders
Added treatment programs
Medical or therapeutic 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 boards, attempts to meet many goals of corrections: punish offenders, protect the community, reduce crime, save money, prevent prison crowding, offenders invested in community
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
Operated by states or federal government, secure facilities, penitentiaries, rising prisons costs, demand for incarceration rises, disproportionate incarceration
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
Supported by oath or affirmation
5th Amendment- Due Process
Answer for a capital or otherwise infamous crime
Indictment of a Grand Jury
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
Cannot be sentenced to life without parole for non-murder
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.
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.
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
Early conditional release of a prisoner from incarceration after successfully serving a portion of the sentence there
3 concepts: Grace, Contract, Custody
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.
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.
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.
75% of victimizations are property
Percentage of arrest of person under 18
Driving under the influence = 1%
Development of Juvenile Justice
Outgrowth of English Common Law.
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
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
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
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
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
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.
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
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
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.
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