Midterm Review C C J S 1 0 0 S P R I N G 2 0 1 4 Characteristics of CJS 4 Discretion Resource Dependence Sequential Tasks Filtering Crimes Crime act in violation of law Mala in Se Mala prohibita Types of Justice Retributive Procedural Distributive Restorative Four Types of Crime Control Rehabilitation Retribution Deterrence Incapacitation Components of Deterrence Certainty Most important Severity Swiftness Two types of deterrence Specific General Wedding Cake metaphor Celebrated Cases very few Serious Felonies Less serious felonies Misdemeanors Most cases here Sources of Crime data UCR NCVS Type I 8 major crime types Crime trends Rise up to 1981 now declining Variable trends Age 16 24 most crime prone Gender males commit more crimes Correlation causation Causes of Crime Sociological social conditions affect crime opportunity strain critical Social process Differential association labeling Place based social disorganization Routine activities Integrated life course Jerome Hall 7 Principles of Criminal Law Legality Actus Reus Causation Harm Concurrence Mens Rea Punishment Causation 2 parts Actual Cause but for causation Proximate Cause policy decision Rutgers decision Policy Levels of mens rea Purposeful specific intent Knowledge actual and constructive Recklessness disregarding a known risk Negligence failing to perceive risk Defenses Self Defense Necessity Duress Entrapment Infancy Mistake of fact Involuntary Intoxication Insanity know tests Herbert Packer 1968 Crime Control or reducing crime justice Due Process rights of defendant and they receive procedural justice 4th Amendment Protection against unreasonable search seizures 5th Amendment Due Process Protection against self incrimination No double jeopardy 6th Amendment Right to counsel Speedy public trial Impartial Jury 8th Amendment Release on bail No excessive fines Asset forfeiture No cruel unusual punishment Proportionality Comparable to torture Klockars 1985 Police are institutions or individuals given the general right to use coercive force by the state within the state s domestic territory Why do we have police Social order Social control Social unrest English Roots Frankpledge obligatory system Constables Justice of Peace highwaymen Act Bow street Runners English Roots Metropolitan Police Act of 1829 Sir Robert Peele prevent crime without using repressive force 3 Eras of Policing Political Professional community Pendulum swing of discretion Political Era Authority from Politicians Very broad function Relationship to community was close and personal Professional era Authority from the law Function was crime control Organized much like a business Community Era Authority comes from the law AND citizens VERY broad functions Close relationship to community Very broad range of tactics Newark Foot Patrol 1981 Citizen fear decreased Crime did not significantly change Officer satisfaction reported higher job satisfaction Three current police functions Order Maintenance Law Enforcement Service James Q Wilson Policing Styles Watchman Legalistic Service 5 factors in discretion The nature of the crime The relationship between the alleged criminal and The relationship between the police and the criminal victim or victim Race ethnicity age gender class Departmental policy Terrill Reisig 2003 Neighborhood context and police use of force Characteristics of neighborhood DO affect likelihood of police aggression Methods to hold police accountable Internal affairs within department Civilian Review Board bart shooting in san fran Standards and accreditation voluntary Civil Liability can sue in civil court Police Strategies These things DO NOT work Simply adding more officers Routine Preventive patrol Increasing rapid response time Police strategies These things have more evidence of success hot spots policing Problem oriented policing SARA model Scanning Analysis response Assessment Boston Gun Project Assembled an interagency group of criminal justice and other practitioners Policing strategy pulling levers any person who is known to be in your gang or group they will pull everyone against the group Search Katz v US 1967 Subjective person believed they had right to privacy Objective Reasonable expectation of privacy 3rd party and public exposure Search of trash on curb is LEGAL Greenwood Open fields are PROTECTED Seizure Of things must be meaningful interference Of persons Arrest Stop Physical force or submission to authority Would a reasonable person think they could leave Warrant requirements Probable cause Detached and neutral magistrate Particularity Oath or affirmation Probable Cause Arrest PC that a crime has been committed and person to be arrested committed it Search PC that objects of search are the fruits instrumentalities or evidence of crimes and are at the place to be searched Knock and Announce Officers must knock and announce unless reasonable grounds to believe it s dangerous futile or may result in the destruction of evidence Exceptions to warrant requirement Plain View officer must have legal grounds to be somewhere they can seize it Exigent Circumstances Search Incident to Arrest SITA Grant 2009 Automobile Exception Carroll 1925 Terry Stop Consent Terry stop To Stop need reasonable suspicion that there is criminal activity afoot To Frisk need RS that person is armed and dangerous Scope of Frisks Pat down Can manipulate things Bulge rule to tell if they are weapons 5th amendment criminal case Compelled Witness against himself 2 parts testimonial AND incriminating 6thA right to counsel Due process Cannot deliberately elicit a confession Gideon 1963 right to counsel for those who cant afford Miranda Rights 1967 What must be in Miranda warning D has right to remain silent If D waives that right statements can be used against D has right to presence of attorney If D can t afford attorney one can be appointed free of him at trial charge What triggers Miranda 2 things custodial interrogation Waiving must be Voluntary Knowing Fruit of the poisonous tree Exclude evidence when obtained as a result of a constitutional violation Exceptions Attenuation independent Source inevitable Discovery Adversarial vs Inquisitorial Which one are US Courts Adversarial Important terms Adjudication formal dispute resolution Jurisdiction who gets to do the adjudicating 3 primary actors in courtroom workgroup Judge Prosecutor Defense Attorney Courtroom authority patterns Judge as linchpin formal leader who represents ideals of justice Courtroom
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