CCJ Notes Exam 1 PDF

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Dr. Marvin Krohn at the University of Florida. Fall 2018....

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Tues 8/28/18 I. What is crime? a. Use the term ‘crime’ in many different ways b. Social norm: accepted behavior c. Deviance: violation of a social expectation or norm d. Cultural norms: i. Culture has identified as an expected behavior e. Statistical norm: i. Notion that we can predict something will happen in most instances ii. I.e.: speed f. Crimes that are not deviant i. Smoking marijuana g. Crimes (such as adultery) depend on the country h. Moral definition of crime: behaviors that violate some religious or ethical code i. Problems- no set source for moral crimes (different religions, etc.) i. Social definition of crime: crime is behavior that is harmful to the interests of society or humanity i. Depends on one’s vantage point to if it is harmful ii. Problems: assumes consensus about what is harmful, and how do we define society? iii. Crime is defined by who is in control j. Legal definition of crime: crime is any act or omission prohibited by the public law for the protection of the public and made punishable by the state in a judicial proceeding in its own name i. Problems: depends on who won, accepts the legitimacy of the government’s designation of what should be legal, meant to protect the public? ii. In term of consequences, legal is the only definition that makes sense iii. Reasons for using the legal definition spite of noted problems 1. Specifies an identifiable category of behaviors 2. Consequential- can lead to sanctioned punishment 3. Can serve as a reference point for studying why other behaviors are not defined as crime (sociology of law) k. The designation of what behaviors are crime is relative to time, place, cultural, and the existing government. As such, what is a crime is the result of a sociopolitical process II. What is law? a. Several ways to define i. Substance- types of behaviors (morals, customs) ii. Function- what law is intended to do 1. I.e.: protect society iii. Form- elements necessary to have law or law systems 1. I.e.: in terms of a system whereby it is enforced by a criminal justice force, you go by a judicial process, etc. iv. Or some combination of these

b. Law is the specific result of the configuration of obligations which makes it impossible for a native to shirk his responsibility without suffering for it i. Consensus of obligations and consequences ii. Form example c. A social norm is legal if it neglects or infractions regularly met in threat or in fact by the application of physical force by an individual or group possessing the socially recognized privilege of so acting (Hoebel) i. Consensus ii. Regulation iii. Coercion iv. Recognized privilege v. Substance example vi. Add: 1. Recognized body to determine if violation occurred 2. Third party d. An order will be called law if it is externally guaranteed by the probability that coercion (physical or psychological) to bring about conformity or avenge the violation will be applied by a staff of people holding themselves especially ready for that purpose (Weber) i. Staff of people ii. Form example e. Law is defined as the formal means of social control that involves the use of rules that are interpreted and are enforceable by the courts of a political community i. Form example Thurs August 30, 2018 f. Issues raised in definitions i. Legal norm= institutionalized norm ii. Bohannon’s notion of double institutionalization 1. Primary rules: substance of law a. Laws on homicide 2. Secondary rules: application of form of law a. Laws to tell us how the system will apply the laws b. Social contract: implicit contract that suggests everyone forgoes certain freedoms, while also protecting individual rights iii. Coercion iv. Third party 1. Removes subjectivity, allows for fair punishment v. Legitimate authority 1. Through a political process (election, appointment, etc.) vi. Form is more important definer of law than either substance or function III. What is Law? What is Justice” a. Types of law i. Common or case law: precedents derived from earlier judicial decisions 1. Judicial rulings based off previous rulings ii. Statutory law- comprised of the enactments of legislative bodies

1. State statutes, federal statutes, etc. Administrative law: comprised of regulations and rulings that are made by numerous state and local administrative agencies 1. Environmental laws iv. Constitutional law: procedural rules and basic principles that serve as guides for the process of decision making and for future enactments 1. Laws that come from our Constitution b. Criminal law i. An injury to the public ii. Prosecuted by government iii. Attorney provided if defendant cannot afford one iv. Burden of proof is beyond a reasonable doubt v. Conviction may result in civil disabilities or loss of liberty vi. Penalties potentially include loss of liberty c. Civil law i. A private injury or wrong ii. Plaintiff sues defendant iii. Parties must provide their own attorneys iv. Burden of proof is preponderant of the evidence v. No civil disabilities and no loss of liberty vi. Penalties are typical monetary d. Components of a criminal act i. Action + attendant circumstances ii. Actus Reus: evil act (crime) + Mens Rea: evil thought (intent) iii. Criminal act (result) e. Functions of law i. Social control ii. Boundary maintenance iii. Maintenance of power relationships 1. People of power create laws to maintain hierarchy of power iv. Change 1. Legalization of gay marriage Tues September 4, 2018 f. Different ways to interpret the event in relation to the law i. Formalistic approach: law should have internal logic which applies uniformly to all cases; morality of act not legally important ii. Social approach: legal concepts must be seen as instrument; flexible in the interest of citizenry 1. Greatest good for the greatest number of people—utilitarian approach iii. Interpretation may depend on the background of the judges—judges make law rather than find it g. What is justice i. Just- what is (or should be) recognized as good by society. An act is called just if increases conformity between the actual situations and the ideal situation which would be complete embodiment of a value system iii.

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Justice- the evaluation of concrete situations to determine the way law is distributed iii. Rawls theory of justice—trying to ascertain the basis for defining what is just and how it should be distributed iv. Sees a need to divorce ourselves from preconceived ideas, especially those ideas that are based on who we are or will become v. Veil of ignorance vi. Rawls derives two principles of justice 1. Every person must have the largest political liberty compatible with a like liberty for all 2. Inequalities in power, wealth, income, and other resources must not exist except in so far as they work to the absolute benefit of the worse off members of society vii. Implications 1. Primacy of liberty over other goods 2. Not maximizing sum or average of certain advantages but to counteract natural inequalities deriving from birth, talent and circumstance, pooling those resources for the common good 3. Everyone provided with basic conditions for the realization of his own aims, regardless of the absolute level of achievement IV. What is the Criminal Justice System? a. Different parts of what we now call the criminal justice system were developed at different times i. Formal courts earlier than other aspects of cj system ii. Formal police force is most recent part (1829 in London) unless you consider juvenile justice as part of the cj system (1899) iii. Although these parts were interdependent, we did not think of them as an integrated ‘system’ until the middle of the last century iv. According to Larry Siegal, the modern era of criminal justice can be traced to research projects initiated in the 1950’s by the American Bar Foundation v. Within these reports on the functioning of the various part of cj, the term criminal justice system first was used b. Components of the cj system i. Legislature—defines the law by determining what conduct is prohibited and establishes punishment; appropriates money to run the system ii. Judicial (higher courts)—interprets existing law and determines constitutionality iii. Law enforcement—investigates potential crimes and apprehends suspects iv. Courts—charges, indicts, tries, and sentences offenders v. Corrections—carries out sentences by incapacitating offender and may attempt to treat and rehabilitate them vi. Prevention—part of the criminal justice system (?) Thurs September 6, 2018 c. The criminal justice processes

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Arrest 1. Initial contact 2. Investigation ii. Booking iii. Initial appearance—typically before a magistrate to be explained their rights iv. Preliminary hearing—statement of evidence against the defendant; dismiss or bind over to grand jury (12th century England) or prosecutor, most are handled without a grand jury 1. Consideration of bail v. Indictment—requires suspect to appear before a court-sometimes involves a grand jury vi. Arraignment—suspect plea is entered; hearing date is sent vii. Plea bargaining—90% of all cases viii. Trial ix. Sentencing—determined by judge or by jury (varies by offense and jurisdiction) x. Incarceration or alternatives (probation, remediation, restitution) xi. Release—parole; most inmates do not serve full sentence d. The criminal justice funnel i. Of 1000 serious crimes – 500 unreported ii. Of 500 reported – 400 unsolved iii. Of 100 people arrested – 35 are juveniles iv. Of 65 adults – 25 are dropped v. Of 40 cases accepted for prosecution – 10 jump bail or run away vi. Of 30 cases that go to trial – 1 is acquitted vii. 27 plead guilty and 2 are found guilty viii. Of 29 sentenced – 9 placed on probation ix. Of 1000 serious crimes – 20 cases end with an adult being incarcerated e. Why do some individuals plead guilty? i. Reduced sentence ii. Plead to a lesser charge iii. “just” outcome iv. Prosecutor drops another charge v. Adversary system 1. Disrupted by plea bargaining f. Wedding cake model of justice- Samuel Walker g. i. Celebrated cases: full array of procedures ii. Serious felonies: full jury trial iii. Less serious offenses: typically, younger offenders; plea bargain, reduction of charges, probation or outright dismissal iv. Misdemeanors: handled in assembly line fashion h. Perspectives on criminal justice i. Philosophies underlying the cj system 1. Classical school: 17th-18th centuries

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Social contract Rational man- hedonistic psychology Utilitarianism Implications for the cj system i. Purpose of cj system is to deter crime ii. Impose only that amount of punishment that is necessary to counter the benefits of crime iii. Guilt iv. Focus on laws and cj system rather than individual v. Law must be knowable 2. Positive school: 19th century a. Philosophy of positivism i. There are laws that determine nature ii. Man is part of nature iii. Therefore, human behavior is government by laws iv. These laws are knowable through the implication of scientific methods v. Implications for cj system 1. Focus on actor and environment to determine the causes of behavior 2. Criminal justice system should rehabilitate the offender 3. Indeterminate sentence Thurs September 11, 2018 V. Goals of the Criminal Justice Systems a. The two schools of thought comprise the historical roots of criminological thought i. Classical school: 18th century to early 19th century ii. Positive school: mid 19th century to 20th century b. Classical school i. People commit crime because of free will ii. Historical context 1. Aristocracy and church still dominating but losing their power 2. Scholars’ expression of ideas of justice, natural rights, etc. c. Age of enlightenment/age of reason i. Social contract theory (Rousseau, Hobbes, Locke) ii. Utilitarianism iii. Hedonistic psychology iv. Humans are rational—choose to behave in the way they do v. Reform of criminal justice system based on principles derived from philosophy (Beccaria, Bentham) 1. Moral responsibility 2. Focus on criminal justice system 3. Deterrence 4. Written law 5. Punishments based on crime

6. Proportionality d. Positive school 1. Historical context a. Industrial revolution b. Development of physical sciences c. Decreasing influence of the church 2. Positivism—idea that knowledge is acquired through the study of nature and that one can discern the laws that govern phenomena; humankind is part of nature; therefore, you can discover the laws that govern human behavior 3. Principles related to criminal justice based on philosophy of positivism a. Limited moral responsibility (human behavior is determined) b. Focus on criminal and causes of behavior c. Consequences based on causes of crime d. Treatment ii. Goals of the cj system 1. Custody 2. Rehabilitation 3. Deterrence 4. Justice 5. Retribution 6. Restorative justice 7. Crime control 8. Due process iii. Goal of custody 1. Criminal justice system should protect society from criminals 2. The goal of the cj system should be to arrest, try, convict, and incarcerate offenders so as to keep society safe 3. Emphasize secure incarceration iv. Goal of rehabilitation 1. Assumes criminals are affected by conditions in society or internal conditions that has caused their behavior 2. Criminal justice system should determine what the reasons are for the behavior and address those reasons v. Goal of deterrence 1. Cj system should ensure that the criminal does not commit another offence once he is released 2. Cj system should demonstrate what the consequences of criminal behavior are so that other people do not commit offenses vi. Goal of justice 1. All people should receive the same treatment or punishment under the law 2. Cj system should reduce discretion and unequal treatment vii. Goal of retribution

1. Criminal justice system should punish offender because they deserve it 2. No other rationale is necessary viii. Goal of restorative justice 1. True purpose of cj system is to promote a peaceful and just society 2. Cj system should aim for peacemaking not punishment 3. Criminal and victim should resolve things in the community; the goal is to enable the offender to appreciate the damage done and make amends in order to so that the criminal can be reintegrated ix. Goal of crime control 1. The most important goal is to control crime 2. All other goals should be subservient to this goal 3. Abolish legal roadblocks 4. Reduce liberties in order to make crime control more effective x. Goal of due process 1. Emphasis should be placed on constitutional rights 2. Sacrifice crime control if necessary xi. One might suggest that all of these goals are legitimate expectations of the cj system xii. Illustrate the difficulty that the system might have in simultaneously fulfilling all of these goals Tues September 18, 2018 VI. Methods of Doing Criminological Research a. Importance of evaluating research methods when examining theoretically driven research i. Research method ii. Research design 1. Who 2. How many 3. What to measure 4. How to measure iii. Analysis iv. Technique v. Applying the technique vi. Examination of alternative interpretations through analysis vii. Interpretation b. Types of research design i. Experimental studies: researchers set variables to study behavior ii. Quasi-experimental studies: study in natural environment with small changes for variables iii. Historical research iv. Observational studies: no variables introduced, often participantobservation rather than outside v. Survey research: asking individuals to report on something vi. Secondary data analysis: looking at an existing data set; UCR

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c. Official data: refers to information collected by the courts, police, correctional facilities and other law enforcement d. The main source of official data is the uniform crime reports (ucr) and census i. Data collected by police departments and submitted to state and federal bureaus of criminal statistics- FBI ii. Collected since 1930 iii. Reported annually with quarterly updates e. Crime index: 8-item indicator of the amount of serious crime committed in an area or in the U.S. i. Violent crimes 1. Murder 2. Forcible rape 3. Robbery: face-to-face contact, forcibly taking possessions of another 4. Aggravated assault ii. Property crimes 1. Burglary: no threat to person, only theft of possessions 2. Larceny-theft: stealing something without the threat of force a. Shop lifting 3. Motor vehicle theft 4. Arson f. Three ways of reporting i. Crimes known to the police ii. Crimes cleared by arrest iii. Persons arrested g. Advantages of using the UCRs i. Truly national data source (98% of population represented) ii. Can compare across geographic entities 1. States, cities, census tracts h. Disadvantages of UCRs i. Behavior of law enforcement agents; not sure about how much it reflects behavior of citizens ii. Manipulation of data by police agencies 1. Slate-cleaning 2. Political influence in local elections 3. Political influence in national elections iii. At best represents 50% of all crime committed Victimization Surveys a. In 1965 first victimization survey was conducted by the national opinion research center i. Sampled 10000 households asking whether they had been victimized and whether that had reported the crime to the police ii. Quickly expanded to other major cities b. Motor vehicle theft: most reported crime c. Today, the national crime victimization survey is conducted by the census bureau under the direction of the department of justice

d. In 2006, 64 million individuals (12 yrs and older in urban areas were interviewed); 93 million in suburban areas e. Purpose of victimization surveys i. How much crime goes unreported ii. Why crime goes unreported iii. Better measure of true crime rate (little reason why people would lie) iv. Police efficiency v. Characteristics of victims vi. Location of victimizations vii. Other characteristics of incidents f. Provides information on characteristics of offenders—based on victim’s description which is unreliable g. Problem with memory of details particularly for property crime h. Crime unreported because police cannot help i. Victimization surveys have demonstrated that the rate of crime is estimated from the NCVS is twice that as from the UCR i. Can break this down by categories of crime j. What are victimization surveys good for i. They provide information on the victims of crime: age, sex, race, location, individual or business 1. 15% of all households are victim of crime 2. Urban residents more likely than rural 3. Victims are more likely to be male 4. Younger people more likely to be victims 5. African Americans more likely to be victims a. Black males victimizing black males is most likely scenario 6. Violent victims more likely to be lower socioeconomic status ii. Victim-offender relationship 1. Assaults 2. Similarity in demographic characteristics of offenders and victims iii. Routine activities of victims 1. Where and when it occurs 2. Inferences as to why it occurs a. Guardianship b. Suitability of target iv. Check on other crime statistics sources- UCRs and self-reports Thurs September 20, 2018 VIII. Self-Report Studies a. Ask respondents if they have committed crimes of been victims of crimes b. Typically, there is a checklist of several different crimes that range in the level of seriousness c. Demographic questions may be the most important contribution that self-report studies make since they identify the research questions that the study can address i. For example: social class and delinquency or the relationship between a concept like self-control and delinquency d. History

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Porterfield-1943 1. Up to that time what we knew about crime came from official data 2. Porterfield questioned the relationship between social class and delinquent behavior 3. He identified 55 offenses for which juveniles had been brought before the juvenile court 4. He then asked a sample of college students if they had committed any of these offenses and how often they had committed them 5. Found that virtually every student had committee at least one of the offenses 6. Males- mean number of offenses committed: 17 7. Female- mean number of offenses: 6 8. Contact with juvenile court? NONE 9. Interpreted this to mean that juvenile justice system...