Intro to Criminal Justice Exam 1 Test Review Professor Szejner Fall 2011 1 What is the Uniform Crime Report The UCR of the FBI defines homicide to include murder and no negligent manslaughter which is the willful killing of one human being by another it measures crimes reported to the police o PT 1 no arrest is needed just reported violent crimes murder aggravated assault robbery rape toward humans Property burglary auto theft arson theft Violent crimes require a person to be present property crime no people but a house etc Auto theft is most reported o PT 2 in which they make an arrest guns drugs 2 What is the hierarchy rule Is where if multiple crimes are committed in a single incident ONLY the most serious crime is reported to the UCR 3 Differentiate between the national crime victimization survey and the uniform crime report The NCVS is when the many crimes that don t get reported can be accounted for by an anonymous survey sent out to homes to attempt to get more accurate statistics The UCR reports nationwide crime data based on crimes reported to the police 4 How do we measure crime The UCR s target population is 98 law enforcement agencies the amount of crime that they cover is limited because of the number of crimes that are reported is low and is best for commercial and business victims The NCVS s target population is individuals in households and covers household and personal crimes and is best for household and personal crimes not reported to the police 5 Crime victimization 6 Federal law enforcement agencies The FBI is responsible for enforcing over 250 federal laws and therefore has a wider jurisdiction than any of the remaining large federal law enforcement agencies the Immigration and Naturalization Services and the Federal Bureau of Prisons The FBI is the chief investigative agency of the US department of Justice 7 What is the role of judges when it comes to sentencing Community sentencing The sentencing process is difficult for judges it involves balancing justice for the community at large the crime victim and the defendant They are making a decision as to what sanctions or punishment should be imposed upon a person found guilty of a crime Community sentencing is an individually tailored plan of treatment used to keep certain qualified offenders out of the prison population and to radically reduce recidivism 8 Inmates in county and city jails federal and state prisons 9 What is community policing It is a collaborative model that involves community leaders and citizens volunteering for domestic violence crisis response teams neighborhood crime watch or block programs axillary police activates police bicycle patrols and federally funded Weed and Seed Programs 10 What are the 1st 4th 5th 6th 8th amendments a 1st amendment is freedom of speech religion provided it does not cause harm or offend another individual Religion no human and animal sacrificing b 4th amendment restrains the police they must have probable cause to arrest Unless Person consents Incidental to arrest they can search the area around you The supreme court ruling has led to better police training and culture c And that they must have a search warrant it specifies where and what is to be searched The Supreme Court has stated that probable cause is something more than mere suspicion and the permissible thoroughness must vary with the degree of suspicion that the police officer has regarding the degree of guilt of the suspect It is open to interpretation about the event and to judge analyzing at the time i ii Search seizure iii The no knock rule came from circumstance arising from the seriousness of the item that may be destroyed if the police do not act immediately d 5th amendment protects against self incrimination i Inquisitive asking beyond general information need to inform you of your rights ii Accusative accusing 1 Fruits of a poisonous tree failed to be informed of constitutional rights any self incriminating evidence is not admissible in court 2 Miranda warning informs us of our rights it only applies to suspects who are in custody at the time of questioning 3 Double jeopardy e 6th amendment Is the right to counsel and a trial that is conducted in a reasonable time if going getting fine jail court closely related to the right against self incrimination 8th amendment cruel and unusual punishment and bail a person has the right to defend themselves while in jail f 11 What is a bifurcated trail process A bifurcated trial process means the trial is broken into 2 stages This is most common in death penalty cases where the jury first hears the evidentiary stage and determines guilt or innocence and if guilty then has a second stage the sentencing stage to determine death or LWOP And in most death penalty statutes also provide for automatic review of the conviction and death sentence by the state s highest court If either conviction is overturned then the case is sent back to the trail court for retrial or resentencing 12 What is the role of legislature when it comes to sentencing by judges Judges options for sentencing are limited to the type of sentencing system used in their jurisdiction Some states require judges to impose indeterminate sentences In these states the legislature specifies a minimum and maximum sentence for a particular offense or alternatively determines only the maximum sentence that the offender can serve 13 What are the differences between sentencing systems in state and federal jurisdictions a Indeterminate sentence the legislature specifies a minimum and a maximum sentence for each offense or class of offense The judge imposes either a minimum or a maximum term of years or the maximum term only The parole board decides when the offender will be released from prison b Determinate sentence the legislature provides a presumptive range of confinement for each offense or class of offense The judge imposes a fixed term of years within this range The offender serves this sentence minus time off for good behavior c Mandatory sentence the legislature require a mandatory minimum prison sentence for habitual offenders and or offenders convicted of certain crimes Examples include use of a weapon during the commission of a crime drug trafficking and selling drugs to minors d Sentencing guidelines a legislatively authorized sentencing commission establishes presumptive sentencing guidelines The guidelines are typically based on the seriousness of the offense and the offender s prior