1st Amendment
Guarantees freedom of religion, speech, press, ad the right to assemble peaceably and petition the government for redress of grievances (to ask to fix something that it's responsible for).
2nd Amendment
The belief was strong that a militia helped maintain National Security, an political leaders in Congress were promised the right to bear arms not be infringed.
3rd Amendment
No soldier in time of peace shall be residing in citizens home without the homeowners consent.
4th Amendment
People and personal property will not be searched unless a warrant is issued by the judge.
5ht Amendment
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crime control model
refers to situations cases are processed with focus to protect the public
due process model
emphasizes protection of defendants rights and driven by respect for formal structure of the law
wedding cake model
1. Celebrated cases 2.heavy duty felonies 3.lightweight felonies 4.misdemeanors
The Roles of Criminal Justice
Criminal justice as a academic discipline, social science, collection of individuals, CJ vs. Criminology
General intent
when suspect intended to commit the crime but did not intend specific outcomes
Specific intent
the results of the crime can be linked specifically to the criminal act
Transferred intent
involve individual being held liable for others if indiv contributed to the crime
criminal negligence
failure to act in a reasonable way. negligent homicide ect.
strict liability
suspect is accountable regardless off criminal intent is proven when state believes appropriate
vicarious liability
employers can be held accountable for employees behavior
objectivity
Principle of science means CJ scholars must not let values drive their research endeavors
parsimony
scientist must create best explanation to examine topics under study
ethical neutrality
suggests that CJ researchers should not allow ethical beliefs to guide their research efforts.
Determinism
behavior is caused by preceding events
skepticism
must requisition everything
Stages of justice process
Investigation, arr�t, booking, initial appearance, preliminary hearing, grand jury, arraignment, trail, sentencing, appeals, sanction, and release
Legal perspectives of crime
crime is a violation of the criminal law
social perspective
crime is defined by members of society
behavioral perspective
crime is defined by specific actions
criminal law
proscribes formal punishment for the violation of society's rules or offenses against the state
civil law
proscribes punishment for violations against individual
Part-Two Offenses
are technically less serious offenses. curfew loitering violations, disorderly conduct, DUI, Drug abuse violations, Fraud, Gambling,
criminal law
the branch of law that proscribes formal punishment for the violation of societys rules
civil law
prescribes punishment for violations against the individual
5ht Amendment
No person will be held responsible for crime unless proven guilty Double jeopardy os not allowed, persons cannot be denied life, liberty, or property without due process of law.
summary offenses
include minor offenses disorderly conduct, traffic offenses, and public drunkeness.
Three main components of criminal justice
the police, the courts, and corrections
crime control model
refers to situations where cases are processed with a primary focus given with the need to protect the public. Enforcing the law to maintain public safety, and keep criminals away from society. successful conclusion
due process model
emphasizes the protection of defendants rights and is driven by repeat for the formal structure of the law. More like an obstacle course
Criminal Justice as an academic discipline
August Vollmer University of California at Berkley Lyndon
Emergence of criminal justice
President Lyndon Johnson-Commission of Law Enforcement and Administration of Justice
Parsimony
Must create the simplest explanation possible in examining topics under study
Criminology
focuses on crime and criminals in an effort to understand and explain behavior.
Legal Elements of Criminality
Commission of an act, Criminal intent, Concurrence, Causation and Harm
alibi defense
defendant provides evidence that he or she was not present at the crime
juvenile delinquency
if under 18 and commits an illegal act
Status offenses
class of offenses that are illegal for juveniles but not for adults,
mala in se offenses
natural crimes as inherently evil crimes
mala prohibita offenses
crimes that are illegal because a government chooses to make the behavior illegal
FBI
Uniform Crime Reports Program is a strategy to collect data about crimes that are reported to the police
Part One Offenses
Are viewed as more serious offenses, these are criminal homicide, forcible rape, robbery, burglary, are labeled as index offenses
Part two offenses
Less serious offenses are disorderly conduct, drug abuse violations, fraud, gambling, DUI
Crime Clock
Provides a general breakdown of how frequently crime occurs,
The UCR provides information about the clearance rate for Part one offenses
Clearance rate refers to percentage of crimes that were solved by arrest or other means.
Crime is cleared by Exceptional means
The suspect has been identified, the agency gathered evidence to support an arrest, the suspects exact location was identified
UCR Uniform Crime Reports
Reports information about crime trends over time and between years
Crime clock
The UCR's Crime in the U.S. also reports what is known as the crime clock, it provides a general breakdown of how frequently crime occurs
The UCR also provides information about the clearance rate for Part one offenses
Clearance rate refers to the percentage of crimes that were solved either by arrest or exceptional means.
Criticisms of the UCR
One factor is that the UCR does not include crimes that are not reported to the police The term dark figure of crime is used to describe the crime not reported to the police.
Criticism of the UCR
Another factor is that authors have criticized the UCR for mischaracterizing the crime problem.
Criticism of the UCR
When reporting crime, the law enforcement agencies underreport or overreport crime when completing the monthly crime reports. Or failing to provide data in a timely fashion. They are also limited on the amount of data that is collected from police agencies.
National Crime Victimization Survey
collects information directly from residents in the U.S. to assess their victimization experiences.
bounding
the practice of asking about victimization within a specific amount of time.
telescoping
used to refer to situations in which respondents indirect identify the timing of past events.
National Incident Based Reporting System
third national crime reporting system NIBRS was created in the late 1980's in an effort to provide more detailed about crime incidents.
hierarchy rule
only counting the most serious offense if an offender is arrested for committing several offenses of same incident
Advantages of the NIBRS
Captures different types of victims and provides additional data about victims of all ages, it provides better and more reliable data about violence against women, and allows researchers to examine links between victimization and arrests.
age crime curve
that the bulk of offenses are committed by younger people
2 types of offenders
1. adolescence limited offenders 2, life course persistent offenders
Criminal career
refers to offenders engage in in offending over a specific time period.
career criminal
refers to a member of the small group of offenders who appear to commit the vast majority of offenses.
southern subculture of violence
has been used to characterize the higher crime rates found in the South.
driving while Black
refers to the belief that black drivers are more likely to be stopped by police
chivalry hypothesis
females and males are treated differently by criminal justice officials and this differential treatment may insulate females from future offending.
parenting hypothesis
suggests that differences in offending patterns in males and females result from different ways that boys and girls are treated by their parents.
Biological explanations
point to biological differences between males and females to explain differences in offending.
Socialization explanations
gender role hypothesis pint to the differences in the way that boys and girls are treated by all members of society and suggest that these differences help to explain why they behave differently.
accomplice hypothesis
suggests that females involvement in crime of often in the role of an accomplice. Researchers have noted that females are less likely to lead criminal groups
crime typology
is a frame work for understanding the thousands of types of crime that exist.
Focus on crime typology for 5 reasons
1. are able to focus on specific causes for types of crime. 2. policy makers can make better use of information from scholars who address specific categories of crime. 3. Criminal justice decision makers categorize their responses based on crime types. 4. Laws are designed to categorize crime 5. The sheer number of different time types scholars must focus on crime categories.
Homicide
refers to the killing of one human being by another. Not all homicides are necessarily criminal. include murder, manslaughter,
manslaughter
voluntary manslaughter-is killings that are intentional but in response to some form of provocation, Involuntary manslaughter- is reckless acts that lead to unintentional killings.
Negligent homicide
refers to accidental killings in which the offender should have reasonably known that his or her behavior could lead to someone's death
Specific types of homicide
a. homicides precipitated by argument b. during the commission of a felony. c. domestic violence related homicides d. homicides after an accident
Other types of homicides
Include serial killings, mass murders, and justifiable homicides
Serial Killings
refers to crimes committed by individual who kills several victims over a period of time
mass murders
refers to crimes committed by individuals who kill a large number of victims all at once.
Child abuse
refers to crimes of violence perpetrated against a child by someone who has power over them. Child neglect-health, physical and emotional care. Intimate partner violence- abusive behavior between partners
Common couple violence
refers to occasional outbursts of violence that either males or females may perpetrate against their spouses.
Patriarchal terrorism
refers to systematic male violence over time. Stalking-refers to unwanted attention, harassment, contact
Elder abuse
any criminal physical or emotional harm that affects the physical health financial and general well being of elderly.
hate crimes
refers to situations person is targeted for victimization because of demographic characteristics
Gang violence
the diffuse gang- very little focus or purpose and is short lived solidified gang-lasts longer and is involved in more conflict. conventional gang- wise members are involved in conventional activities (athletic club) criminal gang- criminal activities
rape
having carnal knowledge through force without consent
Types of rapists
power rapist-does not want to harm the victim, but to possess the victim sexually sadistic rapist-gains pleasure from harming victims anger rapist-gets little sexual gratification from the rape but uses to verbally and physically express rage.
child sexual abuse
refers to sexual abuse committed against children
Date rape
victims and offenders know one another, are not married, and are not related. Drugs and alcohol are often involved
Marital rape
refers to instances in which spouses sexually assault one partner.
Elder sexual abuse
refers to a range of sexually oriented behaviors that typically target older victims.
robbery
as taking another person's property by force or threat of force.
Methods by use of robbers
1. Confrontation 2.Blitzers Using force 3.Cons Distracting victim and then robbing them 4.Snatch theft Grabbing item out of victims hands