criminology
the study of crime
criminal justice system
-formal process established to apprehend, adjudicate, sanction, and treat criminal offenders
-main agencies and components responsible to enforce criminal laws
deviance
behavior that departs from societal or group norms
-any crime is deviance because crime isn't normal
law
provides rules of conduct, sets punishments for violations, protects the welfare of society
law and society
-theoretical analysis concerning legal institutions and processes
-studies the impact of law on society
-identifies social, political, and intellectual influences on law and legal activity
social control
ensures conforming behavior in others
-formal: police
-informal: citizens
-3 types: norms, sanctions, and laws
norms
expectation of conduct in a given situation
ex: in class, driving
most effective
sanctions
responses or reactions to behaviors, positive or negative, formal or informal
criminal laws
protects us from violations of criminal statutes and rules
civil laws
protects us from non-criminal personal and property violations
crime
an intentional act that violates criminal statutes, committed without defense or justification, and sanctioned by the state as either a felony or misdemeanor
felony
serious offense that carries a penalty of incarceration for a year or more
capital felony
Punishable by death or life imprisonment without parole if no death penalty
misdemeanor
minor offense usually punishable by less than one years imprisonment in a local institution
reasonable doubt
these 4 things must be proven:
1.actus reus
2.mens rea
3.concurrence
4.causation
1. actus reus
aggressive action or inaction/failure to act (if there is a legal duty between parties like parent/child, physician/patient)
2. mens rea
need either general, specific, transferred, or constructive intent proven
general intent
if the defendant knows there will be an effect, must infer from the facts
specific intent
direct evidence of the person's state of mind, hardest to prove
transferred intent
had intent to harm one person but harmed another accidentally
constructive intent
prosecutor constructs the intent from the individuals actions, doesn't require guilty mind
3. concurrence
establishes the relationship between the act and the mind
4. causation
determination of cause in fact or proximate cause
Uniform Crime Report
official source of crime statistics, from the FBI
advantages of UCR
-most reliable
-shows trends
-provides data at different levels
-only one with arson
-only one with murder info
-provides info one whether or not there was an arrest
-provides info on assaults on officers
disadvantages of UCR
-recording practices are inconsistent
-multiple offenses are not recorded
-different departments define crime differently
-not all jurisdictions report crime stats to FBI
-not all crimes are reported to the police
National Crime Victimization Survey (NCVS)
provides victim experiences for us citizens
advantages of NCVS
-shows the number of victims, even the ones that aren't reported
-gets unreported crime
-provides info on victims
disadvantages of NCVS
-high costs
-data is dependent on recall of respondents
-victims probably won't report failed attempts but UCR does
-people may define crime differently
-victims won't report crimes that involve someone they know
-only 1 person per household is interviewe
Self Report Survey
asks people about crimes they may have committed
advantages of SRS
-gets unreported crime
-provides demographic info from defenders
-info on attitudes and beliefs from offenders
-smaller crimes
disadvantages of SRS
-lack of standard reporting format
-asks about only trivial offenses
-dependent on the recall of the defendant
-dependent on willingness of respondents to answer truthfully
criminal homicide
the willful killing of one human being by another
justifiable homicide
self defense or law enforcement killing a felon in the line of duty
forcible rape
the carnal knowledge of a female forcibly and against her will, includes attempted rape but not statutory rape
aggravated assault
unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury, includes attempts
robbery
taking or attempt to take anything of value from someone using force
trends in violent crime in general
-52% of victims know their assailant
-more likely to be committed during the day
-25% occur at or near the victims home
-14% occur on the street
-15% occur at School
-7% at commercial establishments
-most occur in southern regions
trends in homicide
-13% are committed by strangers
-young individuals use guns more than older people
-peaked in the 80s and 90s and has now decreased
-most victims are aged 14-24
-most are male killing males
-males are more likely to murder their children
-males are 3x mor
trends in rape
-30% are committed by strangers
-2/3 occur at night
-7% involve a weapon
-decreased overtime
-25% occur in the victims home or someones home u know
-most are intraracial
-most rapists are 15-25 years old
-more are planned than murders are
-most aren't rep
trends in assault
-95% involves a weapon
trends in robberies
-70% are committed by strangers
-46% involve a weapon
why have murder clearances decreased
crime shows have made it harder for the FBI to do their jobs, there are more rights for individuals, people aren't snitching and a lack of community
simple assault
happens more often than aggravated, doesn't involve a weapon
larcency/theft
unlawful taking, leading, or riding away from the possession of another, most common
burglary
unlawful entry somewhere to commit a crime
motor vehicle theft
theft of motor vehicle
-most cars are stolen in CA
-most stolen cars are Hondas and Fords and other average cars
arson
willful or malicious burning
-juveniles do it the most
-older people commit habitual arson
embezzlement
misappropriation of funds
fraud
getting money through deceptive practices
-more women than men do this
forgery
make something false
vandalism
disfigurement of public property
-mostly young males
identity theft
someone uses your personal info for fraud
cybercrime
use computer technology to criminally victimize people
occasional property offender
situational, largest typology, engage occasionally, by themselves, crimes lack skill, no criminal identity, no contact with CJS, most commonly fraud, shoplifting, smaller crimes
conventional property offender
people you imagine to be criminal, non-situational, most have legit jobs, crime is a source of income for them, medium support group, criminal skill, high contact with CJS, most commonly burglary, robbery
professional property offenders
smallest and rarest group, frequent crime, highest group support, high skill level, specialization, professional criminal identity, limited contact with CJS, bank robbery, embezzlements
factors that increase the probability of being a victim
suitable target, lack of guardianship, motivated offender
white collar crime
illegal act committed by non-physical means ti obtain money, property, or businesses
-coined by Edward sutherland
-his theory is that the crime is committed by a person of respectability and high social status
-very complex, hard to solve
-subdivision of
occupational crime
crimes committed by individuals at their jobs
professional occupational crime
committed by professionals like doctors and lawyers at their jobs
corporate crime
violation of law committed by an entire firm or business
-false advertising
-price fixing
-environmental crime
-unsafe working conditions
difference between white collar crime and company crime
white collar is against a company and corporate is for the company
organized crime
professional criminals who rely on illegal activities as a way of life
difference between white collar crime and organized crime
white collar is thru a legit business while organized is thru an illegitimate business
when does criminal involvement peak
ages 15-24
latent trait approach
age distribution of crime never changes across social and cultural conditions, age has a direct effect on crime
Self Control Theory (Gottfredson and Hirschi)
your amount of self control is determined in childhood and that determines your propensity to commit crime
-focus is placed on early childhood socialization
-individuals don't change, so your propensity to commit crime never changes, only the opportunitie
self control
tendency of individuals to consider the long term consequences of their actions
6 components of self control
-tendency to respond to tangible stimuli immediately
-lack diligence or persistence
-tendency to be adventuresome rather than cautious
-preference for physical activity over mental
-self centered, no empathy
-minimal tolerance for frustration and inabilit
life course approach
-age distribution of crime is not invariant
-age has an indirect effect on crime
-age is correlated with important events or factors which are highly related to crime
-it only matters what age you are when certain events happen
onset
age of first offense
frequency
amount of offending
desistance
age at which they stop offending
transitions
long term path in life
turning points
significant events in life that change things
trajectories
pathway of development
Warr's study on age, peers, and delinquency
age is only related to crime with peers also taken into account
-if you have exposure to delinquent peers, you are more likely to be delinquent
differential association theory
age doesn't have an impact on delinquency once peer influence are controlled for
Sheldon and Eleanor glueck
looked at 500 delinquent and 500 non-delinquent males throughout life to determine if they were delinquent later in life
looked at social capital: attachment to labor force and cohesive marriage as factors to determine deliquency
among delinquents, if the
Laub and sampsons Life course study
wanted to know if a person could become a criminal in adult hood, studied the quality of social bonds affect on social control
order of criminal justice system
Stage 1- Police
-initial contact
-investigation
-arrest
-custody
Stage 2- Courts
-charges
-first appearance
-preliminary hearing/grand jury
-arraignment
-plea bargaining
-trial
-disposition
Stage 3- Corrections
-treatment
-release
-post-release
initial contact
proactive- police come to you
reactive- police respond to a call
investigation
gather info on a crime
arrest
probable cause must be established
deprives the individual of their freedom
charges
prosecutor decides whether or not to charge and what they are going to charge with
misdemeanor-complaint
felony- information (no grand jury, prosecutor) or indictment (grand jury of citizens)
first appearance
individual is now called a defendant
your charges are read
bail is considered
reminded of your rights
preliminary hearing / grand jury
determine if there is probable cause
90% of time defendants waive this and take a plea deal
arraignment
defendant is informed of the charges
trial date is set
defendant must plead guilty, not guilty, or no contest
bail is determined