Characteristics of Criminal Justice System Discretion using your own judgment having authority to prosecute or decide something Resource Development system is limited not enough resources Sequential tasks order in the way a criminal justice system works Filtering since we don t have resources for everyone to go thru trial by filtering we get people out that don t need to go thru trial plea bargaining charge bargaining sentence bargaining 90 cases are plea bargains Crimes actions that violate laws Mala in se offenses that are wrong by their very nature morally wrong killing someone Mala prohibita offenses prohibited by law but not wrong in themselves underage drinking Types of Justice Retributive eye for an eye punish in proportion for what they have done Procedural making sure procedures we are using are fair so an innocent man isn t convicted making sure everyone s rights are protected Distributive equal playing field one has more money to pay off lawyer other doesn t Restorative trying to make community come together and help victim and offender as whole victim can talk and offender apologizes community talks 4 Types of Crime Control 1 Deterrence Components of deterrence Certainty likelihood that you re getting caught drug testing people weekly so they know they can t get away with it Severity degree of punishment more severe less likely to do again Swiftness quicker punishment is quicker understanding of how they shouldn t do it Two types of Deterrence General deterrence punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses Ex anti drug commercial general audience Specific deterrence punishment inflicted on criminals to discourage them from committing future crimes 2 Retribution eye for an eye more serious crime more serious punishment 3 Rehabilitation addressing problem and helping them fix it so it doesn t happen again 4 Incapacitation crime control depriving the offender of the ability to commit crimes against society usually by detaining the offender in prison Wedding Cake Metaphor Celebrated Cases casey Anthony trayvon martin Serious Felonies Less serious felonies Misdemeanors UCR Uniform Crime Reports National Incident Based Reporting System NIBRS Problem with basing estimates on crimes on just these surveys some crimes might not be reported NCVS national crime victimization units this is sent to people who have been victims to fix crimes not being reported asks people if they have been victimized Crime Trends Rise up to 1981 now Variable Trends Age 16 24 years old most crime prone Gender males commit more crime Correlation causation Causes of Crime Classical Rational Choice Deterrence Certain severe swift Positivist Biological Cesare Lombroso Primitive physical traits that can be measured biologically Believed If they have high cheek bones etc more likely to engage in crime Cause heredity or disease outdated special education Psychological Sigmund Freud Early 1900 ID Sexual EGO Desires to Behavior SUPEREGO Conscience Right or Wrong Mental Illness 15 60 DSMV Sociological Opportunity Theory idea that if you don t have the ability to be socially mobile you are more likely to engage in criminal activity job training urban redevelopment housing education health care Strain Theory expectations of life in society aren t met person strives for goals but comes short most likely to engage in crime experiencing strain Critical Theories remove injustice target resources to DMC populations Social Process learning Learning Differential Association Theory who you re surrounded by defines what you will do if they commit crimes so will you Labeling Theory labeled as criminal more likely to actually commit a crime Place based Social Disorganization Theory Shaw and Mckay Familial Community Routine Activities Theory Lack of a Capable Guardian Motivated Offender Victim Integrated theories Life course theory Psychological Social Structure and Social Process target early offenders life course persistent diversion for life course limited foster turning points Jerome Hall 7 Principles of Criminal Law 1 Legality must be a law that defines the specific action as a crime 2 Actus Reus criminal laws are aimed at human acts including acts that a person failed to undertake Example being addicted to drugs isn t a crime but doing them is 3 Causation for a crime to be committed there must be a causal relationship between an act and the harm suffered Example burglary suspect getting in trouble for cops shooting at him and missing and killing someone else is not a crime of manslaughter for him but breaking and entering is 4 Harm must cause harm to some legally protected value person property etc 5 Concurrence the intent and the act must be present at the same time 6 Mens rea commission of an act is not a crime unless it is accompanied by a guilty state of mind intent it seeks to distinguish between harm causing accidents which generally are not subject to criminal punishment and harm causing crimes in which some level of intent is present Levels of Mens rea purposeful specific intent knowledge actual and constructive recklessness disregarding a risk that you know about negligence failing to preserve risk 7 Punishment there must be a provision in the law calling for punishment of those found guilty of violating the law Causation 2 parts Actual cause Proximate cause Defenses Self Defense a person who feels that they are in immediate danger of being harmed by another person may ward off the attack in self defense Necessity is used when someone breaks the law in order to save themselves or prevent some greater harm speeding thru a red light to get to the hospital Duress when someone commits a crime because they are coerced by another person bank robber forces bank clerk to drive getaway car Entrapment excuses a defendant when it is shown that government agents have induced the person to commit the offence not including undercover agents Infancy based off that young children do no yet have the capacity to think about and understand appropriate behavior and the consequences of their actions ages 7 14 are not liable fot their actions although prosecutors have been able to present evidence that a child s mental capacity to form mens rea Mistake of Fact ignorance of law accused person has made a mistake on some crucial fact helped grandson grow sunflowers didn t realize they were marijuana plants Intoxication when a person is tricked into
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