CCJ 2020 Introduction to Criminal Justice Exam 1 Study Guide Exam 1 Wednesday Feb 11th o Victim offender overlap o Lifestyle theory vs routine activities vs rational choice vs victim precipitated You will be responsible for Lectures 1 4 Guest Speaker Captain Larry Bourdeau Chapters 1 3 5 6 Areas to focus on Events that shaped the CJ system Civil rights movement Due process Due process v crime control Omnibus Crime Control Safe Streets Act of 1968 LEAA and LEEP CJ Process Victimology UCR NIBRS NCVS Federal Criminal Laws Limits of the Law Policing o History o New era o Community policing Federal Law Enforcement State Police Municipal police Kansas City Experiment Reasonable suspicion vs probable cause Know the rule or ruling and the court case 4th Amendment o Exclusionary Rule o Fruit of the Poisoned Tree Doctrine o Search and Seizure o Public Safety Exceptions o Use of deadly force o Interrogations o Miranda rights o Entrapment Events that shaped the current CJ system 1 Civil Rights Movement 2 Vietnam War 3 Rising Crime Rate 4 September 11th Civil Rights Movement o Thirteenth amendment o Fourteenth amendment Due Process Slave patrols were a central part of the criminal justice system o Considered the first modern police organization Slave patrols composed of organizations of free white adults aka militia who were responsible for controlling returning and punishing runaway slaves Segregation laws Definition Substantive due process limits the government s power to criminalize behavior unless there is a compelling reason for the public interest to do so procedural due process requires that the government follow standard procedures and treat all defendants equally Required by the US Constitution Due Process guaranteed by the Bill of Rights o Specifically the 5th 6th and 14th Amendment 5th Amendment no person shall be deprived of life liberty or property without due process of the law 14th Amendment makes due process binding on the states Substantive vs procedural due process What happens if the Due Process is violated o Violations of due process may become the basis for dismissal of evidence or criminal charges o Landmark cases incorporate federal rights to individuals o McDonald v Chicago 2010 Due Process v Crime Control Due Process o 1960s 1970s o Concern for individual rights o Presumption of Innocence o Civil Rights Movement Crime Control o Past 25 years shift to Crime Control o Concern for public orderVictimology Movement o 9 11 attacksAmerican media s focus on violent victimization Omnibus Crime Control Safe Streets Act of 1968 Gave money to local and state governments to fund the new war on crime Law Enforcement Assistance Administration LEAA and LEEP o Helped to transfer the funds from the Safe Streets Act between law enforcement o A federal grant loan program to promote educational advancement of law LEAA agencies enforcement officers LEEP o A program created to promote education among criminal justice personnel by offering loans and grants to pursue higher education CJ Process The CJ process The police Discretion o Decide to investigate o Decide to arrest Investigation o Probable cause o Due process criteria o Documentation and Evidence Booking The CJ process The courts Discretion o The decision to prosecute o Which charges to prosecute First appearance o Advised of rights o Lawyer o Set bail Preliminary hearing o Probable cause hearing o Judge Grand jury o Panel of citizens o True bill o Jury s decision that authorizes prosecutor to indict individual o If grand jury dismisses to indict prosecutor can still search for preliminary hearing to indict individual o Indictment o A formal legal document asserting probable cause that defendant committed an offense Adjudication o The sentencing date or the need for a trial is determined Arraignment hearing o The defendant determines if guilty or not The CJ process Sentencing Presentence investigation report PSI o Helps determine which sentence is appropriate min max or anything in between Sentencing guidelines o Used to determine offender risk o Takes discretion out of everything more fair The CJ process Corrections Institutional corrections o Private o Public o For profit private companies o Run by government Probation before jail time front end process and parole after jail time back end process o Front end vs back end process o ISP Intensive Supervision Probation o Can be probation or parole Community corrections o Aka intermediate sentencing o Also may be used as front end or back end process Victimology Definition the study of victims and the patterns of how they are victimized Victim offender overlap o A person s offending activity and victimization experiences are positively Lifestyle theory vs routine activities vs rational choice vs victim precipitated correlated Lifestyle theory o A concept that personal victimization is an outgrowth of a victims high risk behavior patterns and associations Rational Choice Based on the fundamental belief that human behavior is directly toward those things that bring pleasure or benefit or that minimize painful unpleasant experiences Victim Precipitated Theory o Theories based on the concept that victims themselves precipitate contribute to provoke or actually cause the outcome of their victimization UCR NIBRS NCVS Uniform Crime Report UCR o 1930 Congress passed federal legislation mandating the collection of crime data o All FSUPD tribal police LAPD police departments in the US had to report their crime statistics to the FBI every month o Crime Clock A method used by the FBI to report how often crimes occur i e murder every 36 minutes o The UCR reports data for Part I and Part II offenses only 8 crimes 21 offenses Part I most serious of violent offenses murder nonnegligent manslaughter forcible rape robbery aggravated assault property crimes of burglary larceny theft and motor vehicle theft Part II consist of 21 less serious offenses such as simple assult sex offenses drug abuse violations o UCR standardized definitions of offenses and terminologies because some states definitions of things like aggravated assault vary o Includes all age groups o Hierarchy Rule o Violent Crime Index An old police method of counting only the most serious crime in a single incident involving multiple crimes UCR The rate of crimes reported in the Part I offenses o UCR s biggest flaw is the unreported crime happening in the nation NIBRS can t fix either NIBRS National Incident Based Reporting System o
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