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CRJ 101 – Test #1, Ch. 1-3Study Guide – Test Date: 30 January 2014Three Branches of Criminal Justice (and what they do) – Ch.1, pg.8Law Enforcement Agencies – investigate crime and apprehend suspectsCourt Agencies – charges are brought, indictments submitted, trials conducted and sentences formulatedCorrectional Agencies – monitoring, treating and rehabilitating convicted offendersWhat types of power the police have – Ch. 1, pg. 9-12, 14The police have the power to:Contact – officer witnesses or receives a report of crime Investigate – gather sufficient evidence to identify a suspect and support a legal arrestArrest – following conditions must exist: 1.) officer has probable cause; 2.) officer deprives the individual of freedom; 3.) the suspect believes he is now in the custody of the policeCustody – the actual detention (holding) of a suspect; police may search for evidence, conduct interrogations or try to encourage a confession from the suspectPolice cannot detain you without reasonable suspicion. Police cannot obtain a warrant for search/seizure or arrest without probable cause. A suspect cannot be convicted on anything less than evidence that proves guilt “beyond a reasonable doubt”.Police are responsible for maintaining order, enforcing criminal law, providing emergency services, keep traffic moving freely and develop a sense of community and safety.The order of what the police can do – what comes first? (Formal CJ Process) Second? Etc. – Ch. 1, pg. 9 - 12Police:Initial Contact – officer witnesses or received a report of a crimeInvestigate – gather sufficient evidence to identify a suspect and support a legal arrestArrest – following conditions must exist: 1.) officer has probable cause; 2.) officer deprives the individual of freedom; 3.) the suspect believes he is now in custody of the policeCustody – the actual detention (holding) of a suspect; police use this time to search for evidence, conduct interrogations, or try to encourage a confession from the suspect.Prosecution and Defense:Charging – case arrives at the prosecutor’s office; the prosecutor decides whether to, and with what, to charge the suspect; the prosecutor may choose nolle prosequi (decide to take no further action)Preliminary Hearing/Grand Jury – the government must first prove probable cause that the accused committed the crime for which he is being charged; if the prosecution can present sufficient evidence, in some states, the grand jury will issue a true bill of indictment, which specifies the exact charges on which the accused must stand trial; the prosecutors in other states will file a charging document (called an information) with a lower trial court, which then conducts a probable cause hearing, during which the charges may be disputed. The suspect will stand trial if the judge finds the evidence factual and sufficient.Arraignment – formal charges are read, the defendant is informed of his constitutional rights, and an initial plea is entered. The trial date is set and bail issues are considered.Bail/Detention – those who cannot afford to post bail will be held in detention in a county jail or house of correctionPlea Bargaining – after an arraignment, or even before, the defense and prosecution discuss a possible guilty plea in exchange for reduced or dropping of charges; nearly 90% of all cases end in plea bargain.Courts:Adjudication/Trial – if no agreements are met, the defendant goes to trial before a judge (bench trial) or before a jury; decide whether the prosecution’s evidence against the defendant is sufficient beyond a reasonable doubt to prove guilt.Sentencing/Disposition – when criminal is found guilty as charged, he is returned to court for sentencing. These include fines, probation, community-based corrections, incarceration, or even the death penalty.Appeal/Post-Conviction Remedies – an appeal may be filed if the defendant shows that his constitutional rights were violated; appellate courts review such issues as whether evidence was used properly, the judge conducted the trial appropriately, jury selection was proper, and the lawyers’ behavior was appropriate.Corrections:Correctional Treatment – after sentencing, the offender is placed within the jurisdiction of state or federal correctional authorities; the offender may be asked to participate in rehabilitation programs designed to help him make a successful readjustment to societyRelease – the offender will be free to return to society after satisfaction of their sentencePost-Release – after satisfaction of sentence, offenders may be asked to participate in community-correctional programs that bridge between secure treatment facility and absolute freedomDefine:Definition of Arraignment, – Ch 1, pg. 10-11 – formal charges are read, the defendant is informed of his constitutional rights, an initial plea is entered, a trial date set, and bail issues considered. True Bill (of indictment) Glossary, p. 360; Ch. 1, pg. 10 – a written statement charging the defendant with the commission of a crime, drawn up by a prosecuting attorney and considered by a grand jury. If the grand jury finds sufficient evidence to support the indictment, it will issue a true bill of indictment.When does theDuring which part of the process does the defendant enter their plea? (What part of the process?)– Ch. 1, pg 10 – 11ArraignmentAbout 90% of all cases are plea bargainedKnow the levels of the court system and the function of each (magistrate – limited, etc) (I had to conduct research to come up with information for this; I did not see any mention of the court system structure in any of the chapters)State Level CourtsTrial Courts – criminal and civil cases; include general and limited jurisdiction courts; contain the Superior Courts, District Courts, Circuit Courts, and Courts of Common PleaseAppellate Courts – courts which hear appeals Supreme Courts – highest state appellate courtsFederal Level CourtsFederal District Court – lowest level of court systemFederal Circuit Court – intermediate appellate level of federal court systemUS Supreme Court – the highest court in the land; usually deal with constitutional amendmentsRead section on ethical issues and standards in law enforcement – Ch. 1, pg. 22 Ethical behavior is particularly important for law enforcement because, quite simply, police officers have the authority to deprive people of their liberty. Police officers exercise considerable discretion when they choose whom to investigate, how far the investigation should go, and how much effort is required. Various national organizations have produced model codes of conduct that can serve as behavioral guides.For about every 1000 crimes, about 20 offenders actually go to prisonKnow: Rehabilitation (Perspective) – Ch. 1, pg. 17The view that the primary purpose of criminal justice is helping to care for people who cannot manage themselves. Crime is an expression of frustration and anger created by social inequality and can be controlled by giving people the means to improve their lifestyle through conventional endeavors.The rehabilitation concept assumes that people are at the mercy of social, economic, and interpersonal conditions and interactions. Punishment cannot deter these people, but proper treatment may prevent their crime.Rehabilitation advocates believe that government programs can reduce crime on both a societal (macro) and individual (micro) level.The key provisions of the rehabilitation model are these:In the long run, it is better to treat than punishCriminals are society’s victimsHelping others is part of the American cultureConvicted criminals can be successfully treated within the confines of the justice system, Crime Index, – Wikipedia definition, figures and methods discussed in Ch. 2, pg.31Crime statistics that attempt to provide statistical measures of the crime in society.Three principal types of crime data have been developed – official data, victim data, and self-report data – each having strengths and weaknesses.UCR, Parts 1 and 2 of UCR and what UCR is; – Ch. 2, pg. 31 – 32Uniform Crime Reports – the FBI’s yearly publication of where, when, and how much serious crime occurred in the prior year; broken into two parts:UCR Part 1 – includes eight crimes: murder, rape, assault, robbery, burglary, arson, larceny, and motor vehicle theft; reported due to seriousness and frequencyUCR Part 2 – all other crimes except the eight Part 1 crimes; FBI includes race, gender, and age of all arrests madeThe UCR’s accuracy has long been suspect; less than half of all criminal activity is actually reported; the way police departments record and report crimes affect validity of statistics (some departments define crimes loosely while others pay strict attention to FBI guidelines) National Crime Victimization Survey; – Ch. 2, p. 32The ongoing victimization study conducted jointly by the Justice Department and the US Census Bureau that surveys victims about their experiences with law violation; federally sponsored survey that uses a large, carefully drawn sample of citizens who are queried about their experiences with criminal activity during the past year.NCVS data is considered relatively unbiasedSome potential problems include: over- or underreporting, inability to record the criminal activity of those interviewed; sampling errors; faulty question format; victimization reports are quite small.Self-Reporting Surveys – Ch. 2, pg. 33Asks subjects to describe their past and current criminal activities, including whether they have ever been involved in substance abuse, theft, and/or violence; how often they engage in these activities; what specific kinds of drugs they took; and whether they acted alone or with a group.Typically administered in groups, anonymously, and unsigned; most are administered to middle- and high-school studentsThese reports attempt to discover the “dark figure of crime”, those crimes that are not reflected in any official statistics due to non-reported, victimless crimesSome people may exaggerate their criminal acts or forget about some of themErrors in self-report data remain consistent over time What is a self-reported study?Demographics of crime (what season do most crimes occur in, what is greatest group of pop to commit crimes, region with highest crime rate, which racial group has a higher rate, etc.) – Ch. 2, pg. 37 – 42EcologicalRural and suburban areas have lower crime ratesCrime rates are highest in the summer monthsThe West and South have higher crime ratesGenderMales have a higher crime rate than femalesThe UCR indicates the male-female arrest ratio to be 3:1; violent crime ratio is 4:1RacialAfrican-Americans account for 39% of Part 1 crime arrests, and about 30% of all property crimeSocial ClassCrime rates are highest in deprived, inner-city areasRelative Deprivation, Broken Windows HypothesisAgePeak age for property crime is 16Peak age for violent crime is 18Elderly males 65 and over are most often arrested for alcohol-related mattersElderly females are most often arrested for shoplifting?????Baccaria (free will)????Cesare Beccaria – Google research (couldn’t find in book) - wrote “On Crimes and Punishment”; “father of classic criminal theory”; believed in “social contract theory”, the idea that in order to live in a society, the members must give up some personal liberties in exchange for the safety and comfort of society.(For the next several sections, class notes for 23 and 28 January also cover these in detail.)Sources of criminal law – where did we get our laws today – Ch. 3, pg. 55 – 58Historical Development:Babylonian Code of Hammurabi – based on concept of lex talionis (an eye for an eye)Mosaic Code of the Israelites – the Ten CommandmentsWergild – guilt determined by two methods: “compurgation” (accused person swears an oath of innocence, backed by 12-25 “oath-helpers who attest to accused’s character and innocence), and “ordeal”, which was based on the principle that divine forces wouldn’t let an innocent person come to harm. (Dark ages)American laws find root in English common-lawContent of law influenced by judicial decisions and societal opinionAll criminal law in the US must conform to the rules and dictates of the ConstitutionCriminal laws have been interpreted as violating constitutional principles if they are too vague or broad for their intent to be clear; a law forbidding adults from engaging in “immoral behavior” could not be enforcedDefine – Ch. 3, pg. 55, 58-60 sStare dDecisis – “let the decision stand”; the legal principle by which the decision or holding in an earlier case becomes the standard by which subsequent similar cases are judgedDefine: felony, misdemeanorDefine: aActus rReas, – “illegal act”; can be an affirmative act (like taking money or shooting someone) or a failure to act (like failing to take proper precautions when driving a car) Mmens rRea – “guilty mind”; the mental element of a crime or the intent to commit a criminal act, Strict Liability – an illegal act whose elements do not contain the need for intent, or mens rea; usually, an act that endangers the public welfare, such as illegal dumping of toxic wasteFelony – a serious offense that carries a penalty of incarceration in a prison, usually for one year or more. Persons convicted of felony offenses lose such rights as the right to vote, hold public office, or maintain certain licensures.Misdemeanor – a minor crime usually punished by less than one year’s imprisonment in a local jail, a monetary fine, community service, or a combination thereof.McNaughten Rule – the “right or wrong test”; determines whether or not a person can tell right from wrong; used in the US until 1954, when moved to the Durham RuleKnow some of the defenses and justifications – Class Notes, 23 & 28 January, Ch. 3, pg. 61 - 65Criminal DefensesWhen people defend themselves against criminal charges, they must refute one or more of the elements of the crime of which they have been accusedDefenses presented:An argument that the wrong person was arrestedAn argument of excuseAn argument of justificationExcuse DefensesDefendants claim that they should be excused from criminal responsibility because their own actions were out of their own control:Defenses presented:Ignorance or Mistake – “honest” mistakeInsanity – not used about 1%; state chooses whether or not this defense can be used; is a legal definition and not a medical definition (insane person lacks the capacity to form legal intent, or mens rea; person cannot distinguish between right and wrong, or cannot control their conduct)Intoxication – intoxication must be involuntary (i.e.: being drugged without knowing it)Age – incapable of forming criminal intent until after age 7 (physical and mental age), no lockup allowed until after age 10Justification DefensesJustifications arise in situations in which the defendants don’t deny they committed a crime but claim that anyone in their situation would have acted in a similar fashion:Defenses presented:Consent – those who give consent cannot be victimsSelf-Defense – no specific self-defense lawsStand Your Ground lawsEntrapment – only used against government behavior; the idea that police enticed you to commit a crime that you would not normally commitDuress – under immediate threat of violence or deathNecessity – crime performed to prevent deathWhat is “age of infancy”? – Ch.3, p. 62The law holds that a child is not criminally responsible for actions committed at an age that precludes full realization of the gravity of certain types of behavior.Children below the age of 7 are incapable of forming criminal intent. (This includes both physical and mental age.)Cannot sentence a child to lockup until after age 10.Define: Exclusionary Rule – Ch. 3, p. 68Evidence seized in violation of the Fourth Amendment cannot be used in a court of law; police cannot indiscriminately use their authority to investigate a person or arrest a suspect.Duress – Ch. 3, p. 64To prove duress, defendants must show they have been forced into committing a crime in order to prevent death or serious harm to self or others.What is in the 4th Amendment – Ch. 3, pg. 67 - 68The Fourth Amendment bars illegal “searches and seizures”, protected by the exclusionary rule; searching an individual without legal justification represents a serious violation of the Fourth Amendment right to personal privacy. ................
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