Final Exam Review - The American Criminal Justice System - CRJU 101 Instructor: Leslie Wiser PDF

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The American Criminal Justice System - CRJU 101
Instructor: Leslie Wiser...

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April 24, 2018

Final Exam Review (First Semester) Separation of Powers United States Constitution Checks and balances - Article 1 - Legislative branch - Congress makes the laws - Article 2 - Executive branch - President enforces the laws - Article 3 - Judicial - Supreme Court interprets the law Checks and Balances - Balance achieved by a system of checks and balances - A primary role of the courts is to provide authoritative guidance as to the proper balance - And to protect those in the political minority Bill of Rights - Protect the accused - No rights for victims in the Constitution Criminal Justice System - Comprised of - The agencies and people - The processes and flow - The checks and balances within the system - Resulting in the interactions between the agencies Criminology - The study of offenders and offending - Develop theories to explain crime as a social phenomenon Crime Control v. Due Process - Crime control (public order) model - Emphasis on efficient and effective justice - Due process model - Emphasis on ensuring individuals are protected from arbitrary and excessive abuse of power by the government - Balance achieved by a system of checks and balances - A primary role of the courts is to provide authoritative guidance as to the proper balance Dual System

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Picket fence model Great diversity in educational achievement, skills, knowledge, and abilities Agencies are independent - No hierarchical authoritative relationship

Path to Indictment - Indictment - A formal, written legal document forwarded to court, asserting probable cause that the defendant has committed a specific offense - Grand jury - Prosecutor presents evidence to citizens to establish probable cause - True bill/no bill - Required in federal felony cases Amendment V (5) - Grand jury - Due process Self incrimination - Double jeopardy Amendment XIV (14) - Due process Due Process Rights of the Accused - Central premise: presumption of innocence - Burden of proof: beyond a reasonable doubt - Acquittal: the government failed to carry its burden of proof

Theory Classical and Neoclassical Theories - Crime is a matter of free, rational choice - Risk-reward analysis (pain-pleasure principle) - Assumes free will and rational choice Cesare Beccaria (classical) - Everybody should be held to the same standard of justice Jeremy Bentham (neoclassical) - Felicitic calculus: the rational analysis using the pain-pleasure principle - Utilitarianism: a rational system of jurisprudence provides for the greatest happiness for the greatest number of people - Neoclassical philosophy is the foundation of the english and american jurisprudence systems The Positive School

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Scientific method: knowledge about criminal behavior should be gathered using tools such as observations, surveys, case studies, statistics and experimentation The Positive School - Determinism: belief that measurable internal or external factors may compel an individual to commit a crime - Implication that the causes of criminal behavior are not a free will choice

Psychological Theories - Sigmund freud 3 components of the unconscious mind - Id - Ego - Superego Application of the psychoanalytic theory to the Criminal Justice System - Insanity plea - Rehabilitation - Psychological profiling Sociological explanations - Social determinism - Examines external influences - Contrast with biological, etc. which examines internal influences Social Disorganization Theory - Crime and deviance result from breakdowns in neighborhood social controls and essential services Broken Windows Theory - Based in Social Disorganization Theory - Direct link between disorder and crime - Disorder plays an important role in neighborhood decline

Measuring Crime Measuring Crime - Two nationally recognized measures of crime data - Uniform crime report - National crime victimization survey

( ask about in review) Bill of Rights 4th Amendment

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Prohibits unreasonable searches Sets probable cause standard

5th Amendment - Due process - Double jeopardy - Right against self-incrimination 6th Amendment - Right to counsel ( see Gideon v WainWright) - Speedy trial 7th amendment jury trial 8th amendment

VERY IMPORTANT Juvenile Court judge decides who could be waived in the criminal court (if you are tried as an adult or not) Prison administrator/warden decides good behavior principle International terrorism means foreign power influence, domestic is somebody whose ideas are here Right wing terrorism in USA is seen as domestic terrorism

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Extra Final Exam Review Session (Monday April 30) The Constitution and the Government - Endowed by Creator with unalienable rights - Gov gets power from consent of the public - Thomas Jefferson John Locke - Divine right of kings -

Congress has limited powers found in Article 1

US Gov checks and balances - So one branch doesn’t have more power than another - Protect political minorities The Bill of Rights - Know generally what amendments are - No rights for victims in Constitution The Criminal Justice System - Agencies and people - Law enforcement - Courts - Corrections - Processes and flow - Checks and balances Criminology - The study of offenders and offending Crime Control v Due Process - Crime control (public order) model - Emphasis on efficiency - Due process model - Emphasis on individuals Dual System - Agencies are independent - No hierarchy

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Picket fence model

Path to Indictment - 5th amendment - right to a grand jury who determines if there is probable cause in a crime Due Process - Presumption of innocence - Burden of proof must be beyond a reasonable doubt - 5th amendment - Grand jury - Due process - Double jeopardy - 14th amendment - Due process - Takes same protections against federal gov and applies them to the states classical/neo theories - Assumes free will and rational choice - Cesare Beccaria - Everyone should be treated equally - Jeremy Bentham - There should be exceptions for children and mentally ill - Developed utilitarianism - What’s best for most people The positive school - Scientific method - Determinism - There are things that influence your ability for free will/rational choice - Biology, psychology (both external);sociology (internal) Social determinism - External influences - Ex. poverty influence on crime Social Disorganization Theory - Crime and deviance result from breakdowns in neighborhood controls and essential services - Things like lighting are important Broken Windows Theory - There’s a direct link between disorganization and crime

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Disorder will play a direct role in the downward spiral of a neighborhood Ex. graffiti sends message that people don’t care about neighborhood

Measuring Crime - Uniform Crime report - Run by FBI - Police departments send info to FBI - Send out a report yearly - National crime victimization survey - Phone calls - Poll people asking if they’ve been a victim of crime - Talk to a representative sample Incident Report - Building block for UCR report; where the data is - Filled out by responding officer Offenses - Felony - Serious - Punishable by more than a year - Misdemeanor - Less serious - Punishable by less than a year State criminal law - Based on English Common Law - EXCEPT for Louisiana - Based off of French law Due Process - System of case law: stare decisis - Courts must follow guidelines with similar cases Right to Privacy - Inferred from 1st, 3rd, 9th amendments; - Griswold v Connecticut (1965) - But some behaviors remain illegal - Possession of child pornography Elements of a Crime - Actus reus - Actual physical act of the crime

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Mens rea - Intent, guilty mind

Inchoate Offenses - There was intent of a crime but didn’t go all the way to completion - Ex. solicitation, conspiracy, attempt Entrapment - Has to show gov inducement and lack of previous intent Necessity - Choosing between the lesser of two evils - Can’t be used in a murder case M’Naughten rule/insanity rule - Somebody who has a mental disease or defect and doesn’t know the difference between right and wrong Rape - Lack of consent makes it a crime Robbery - Taking and carrying away of someone else’s property - By force or threat (assault) Assault and Battery - Simple assault - Attack without a weapon - Little or no injury - Aggravated assault - With a weapon - No weapon but serious injury Burglary - Trespass into a building with intent to commit a crime inside Larceny - Theft Searches - Probable cause required - If there is a reasonable expectation of privacy, a warrant is preferred

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Know Law Enforcement Agencies (Quizlet)

Rules of Evidence - Determines what evidence is considered by trier of fact in court - Judge or jury Exclusionary rule - Keeps evidence out that is a result of police misconduct - Exceptions - Herring v United States (2004) - Pull a man over, see there’s a warrant on him, search car, find drugs, arrested for drugs, turns out warrant was expired - Good faith exception Exceptions to warrant rule - Searched for officer safety, prevent flight and/or destruction of evidence Plain view searches - Officer has to have a right to be there - Can see contraband or evidence of a crime without a thorough search - May not move/disturb item - Arizona v Hicks (1987) - Officer saw stereo equipment, thought it was stolen, picked it up and saw serial numbers for stolen items - Evidence oppressed Consent - Must be voluntary Stop and Frisk - Terry v Ohio (1968) - Freeze action - Reasonable amount of time to consider reasonable suspicion - If no evidence is found is a reasonable amount of time, they must be let free Electronic surveillance - Katz v US - FBI put mic in phone booth - Reasonable expectation of privacy, evidence dismissed - 4th amendment protects people, not places Fifth Amendment

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Right against self incrimination Right to remain silent Exceptions - fingerprints/photograph - Line-up - Handwriting - Voice - Hair sample

Civil law - Wrongs by people seeking damages (money) - Majority vote in jury Writ of habeas corpus - Writ: court order - Must justify to judge why someone’s in custody Bail -

Designed to ensure someone’s going to be present for trial 8th amendment prevents excessive bail Court can change its mind (revocable)

Gideon v Wainwright (1963) - Defendants have right to counsel, when they cant afford it one will be provided Trier of law - Judge Trier of fact - Jury Bailiff - Provides security in court Voir dire - Deselecting people on a jury because they’re biased - Ask questions - Can’t use race Corporal punishment - Pain infliction - Unconstitutional in prison Deterrence

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Punish an offender to convince other people not to commit crimes

Retribution - Revenge Rehabilitation - To fix people to re-enter society Restorative justice - Community comes together - Rehabilitate victim Mental illness - Legal term, not a medical one - Trier of fact determines it Presentence investigation report - Given to judge, gives extensive background on offender Cases to know Katz Barbary Roper Terry v ohio Probation officers - Don’t need a warrant or to read miranda rights - Three roles - Law enforcement officer - Social worker - Community resources broker Probation - Cost effective for state - But offender must pay for it - Revokable Parole boards - Judge can grant probation not parole - Parole granted by parole boards - Parole hearing inside prison Good time credit

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Serve 85% of sentence Decided by warden or prison administrator

Tipping points - Elijah anderson - Negative influence of young offenders can reach a tipping point for community Parens patriae - State has primary responsibility over one’s children Status offenders - Juvenile commits a crime that wouldn’t be a crime as an adult but their age makes it a crime - Smoking cigarettes - Skipping school Juveniles - No right to bail - Proceedings not open to the public - Not arrested (process is called juvenile intake) - Not found “guilty”, found “delinquent” - About curing them more than punishing them Homeland security - Threats and hazards Terrorism - Political concept - Uses violence or threat of violence to affect wanted change - Psychological repercussions past intended targets - Fear factor - Investigated by FBI -

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