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Criminal Justice in America (Chapter 1 (Criminal Justice as a Social…
Criminal Justice in America
Chapter 3
Substantative Criminal Law
Defintitions and Cassifications of Criminal Laws
Felonies: serious crimes usually carrying a penalty of death or incarceration for more than one year in prison
Misdemeanor: offences less serious than felonies and usually punishable by incarceration of no more than one year in jail or by probation or immediate sanctions
Elements of a Crime
Inchohate or Incomplete Offenses: conduct that is criminal even though the harm that the klaw seeks to prevent has not been done, but meerly planned or attempted
Defenses Against Crinimal Charges
Excuse Defenses
Entrapment
The individual was induced by the police
Infancy
Children under the age of 7 are not responsible for their actions
Duress (Coercion)
When someone commits a crime because they have been coerced by someone
Mistake of Fact
An accused person had made a mistake on a crucial fact
Intoxication
when a person has been tricked into consuming a substance without knowing
Insanity
The accused is not mentaly capable or responsible for any actions they may havr taken
Justification Defenses
Necessity
When people break the law to save themselves or prevent some greater harm
Self-Defense
A person feels that they are in immediate danger of being harmed
Chapter 1
Criminal Justice in a Federal System
Two Justice Systems
National
State
Both enforce laws
Expansion of Federal Involvement
Role has expanded substatially
Criminal justice here is highy dececntralized
We no longer think of crime being only in one place
The FBI and other federal agencies have focused more on terrorism after 9/11
State and Federal has disputes over jurisdiction when offences violate both sets of laws
Criminal Justice as a Social System
System: a complex whole made of interdependent parts whose actions are directed toward goals and are influenced by the environment in which they function
Each subsystem has its own goals and needs but they are also interdependent
Police
Courts
Corrections
It is flawed becuase we are human
Exchange: the mutual transfer of resources among individuals who has a goal that they cannot accomplish alone
Plea Bargain: in which a defense attorney and the presecutor reach an agreement
The defendent pleads guilty in exchange for a reduction of charges or a lighter sentence
The Goals of Criminal Justice
Doing Justice
Forms the base for the rules, procedures, and institutions
Preventing Crime
Police, courts, and corrections
Citizens do not have the ability to enforce the law
Controlling Crime
Arresting, prosecuting, convicting, and convicting those who disobey the law
Must be carried out in the framework of the law
Advancing Goals: Evidence-Based Practices
Requires the development of specific policies to deal with a host of issues
Examples: gun control, stalking, hate crimes, computer crime, child abuse, global criminal organization, etc...
Evidence-based Practices
Practices that have proven effective in research studies
Look at the causes of crime, the effectiveness of crime control strategies, and the effeciency of police procedures
Characteristics of the Criminal Justice System
Resouce Dependence
They depend on other agencies for their funding
Sequential Tasks
Decisions go through a specific sequence every time
Descretion
the authority to make decisions without having to reference any specific rules
Police
Keeping the Peace
Apprehending Violators and Combating Crime
Preventing Crime
Providing Social Services
To Module 2
Chapter 2
Types of Crime
Visible Crime
Property Crimes
Theft
Larceny
Public-Order Crimes
Public Intoxication
Vandalism
Violent Crimes
Homicide
Assault
An offence aginst persons or property, committed primarily by the lower class
Occupational Crime
Criminal offences committed through opportunities created in a legal business or occupation
Tax Evasion
Organized Crime
Drugs, sex, pornography
A framework for the penetration of criminal acts providing illegal services that are in high demand
Transnational Crime
Profit seeking criminal activities that involve planning or execution across national boarders
Smuggling
Political Crime
Acts committed by or against the government for ideological reasons
Treason
Victimless
Willing and private exchange of goods or services that are strong in demand but illegal
Prostitution
Cyber Crime
Offenses that involve the use of one or more computers
Hacking
How Much Crime is There?
The National Crime Victimization Survey (NCVS)
Respondents report victimization in survey
Asks houses if anyone has been victimized that is over the age of 12
Not dependent on report to police
The Uniform Crime Report (UCR)
Published by the FBI
Voluntary reporting from law enforcement agencies
Separates into part 1 and part 2 with 29 total crime categories
National Incident Based Reporting System (NIBRS)
Incident based system with 46 offences in 22 crime categories
More sophisticated and detailed
Extension of UCR
Crime Victimization
Who is Victimized?
Low-income city dwellers
Mainly women, youths, and non-whites
Victimology: a feild of criminology that examines the role the victim plays in precipitating a criminal incident and also examines the impact on victims
The Impact of Crime
Fear of Crime
Costs of Crime
Causes of Crime
Classical
A school of criminology that views behavior as stemming from free will, demands, responsibility, and accountability of all perpetrators and stresses the need for punishments severe enough to deter others
Neoclassical
Crimes may result from the rational choice of people who have weighed the benifits to be gained and the costs of being caught
Positivist
A school of criminology that views behavior as stemming from social, biological, and psychological factors and it argues that the punishment should be tailored to the individual