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CRJU 101: TEST 4
The 2 general categories of Criminal Law
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1. Substantive
2. Procedural
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Substantive Law
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the do's and don'ts of criminal law
(aka the SUBSTANCE)
every culture has variations of these laws
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Procedural Law
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the process and procedures of prosecution
aka the PROCEDURES of prosecution
applies to every substantive law
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True or false: Violent crime has been decreasing steadily over the past 30 years in the USA
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TRUE
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Uniform Crime Report
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produced by the FBI
where we get crime statistics from- looks like big catalog of crime
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Crime Clock Sub-categories of the Crime Clock |
How often do specific crimes happen?
("every 17 seconds, a burglary happens...")
Info for this comes from law enforcement reports
CRIME MOST OFTEN REPORTED: larceny (stealing)
Campus crime reports: safety on campus
Hate crime statistics
Self-reports: criminals call in their own crimes
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The Constitution and Bill of Rights: What they gave us
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the writers had extreme mistrust of government after England
-protects us from governmental over-reaching
-gave power to the individual over the government
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Amendments: 1st, 4th, 5th, 6th, 8th
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1st= freedom of speech
4th= freedom of search and seizure
5th= right to silence/protects against self-incrimination
6th= trial rights (jury)
8th= cruel/unusual or bail
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True or False: when in fear, people tend to chose safety over freedom.
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TRUE
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Governmental Rights to Suspend Freedom: 3 key concepts
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To protect...
1. common welfare (disease)
2. order within society (stop signs)
3. us from one another (criminal law)
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Statutes
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laws written by legislature
public is subject to them after they are written and published
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Common Law
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AKA CASE LAW
ancient english case law
passed on orally
based on precedent
evolves when laws need to change- facts of cases help this
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Case Law
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Judge-made law (JUDICIAL)
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CONSTITUTION anti-majoritarian rule of law stari decisis
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State and Federal Levels- public subject to both
Anti-Majoritarian documents- protects minorities
(defendant is minority)
based on Rule of Law: we are governed by est. rules/principles
Stari Decisis- system makes decisions regardless of who is in power @ time
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Informal Sanctions |
ways of upholding order that are outside of the justice system
-families (spank/time out)
-schools (detention)
-religions (enforce by fear or loyalty)
Huge society- what is expected in one place may be unacceptable in another
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Formal Sanctions (deviant) |
(the CRJU system)
we are all governed equally and formally under this system
regardless of diversity
Deviant- someone that breeches the social norm
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Vietnam War: Impact on Government
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-Drafts (forced military service)
-Media Coverage (showed death, battle, foul play)
The two causes anger and riots while calling the power of government and law enforcement into question
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Civil Rights Movement: Impact
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MLK
civil disobedience- peacefully disobeying the law (boycotts)
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Terrorism
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organized use of violence to promote social or political change
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Two Models of CRJU |
1. Crime Control Model
doing whatever we can do to fight crime
protects victims rights- focus on efficient justice
(arrest,convict,jail)
conservative, no appeals
2. Due Process Model
aka Fair Process
protects innocent- assumed innocent until proven guilty
liberal, pro defense, appeals
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True or False: Deviance is not criminal but all crimes are deviance
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TRUE
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Five Theories on Why Crime Happens |
1. Differential Association Theory
2. Classical Theory
3. Psychological Theory
4. Biological Theory
5. Sociological Theory
None can be proven but all have certain truths in them
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Differential Association
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Some people believe crime is a learned behavior.
Most used in criminal justice system today.
Education is the response
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Classical Theory -Plain Pleasure Principle -Rational Free Choice
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Some people believe committing crime is a choice.
Based on Plain Pleasure Principle-
people will do things to take away pain.
You are choosing pleasure and choosing to avoid pain-
Rational Free Choice
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Psychological Theory
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Some people believe that crime is caused by psychological state
-You are merely expressing what’s going on in your head.
-You therefore need help
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Biological Theory -Phrenology
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Some believe crime in innate, not an act of free will
To prove this theory many have studied biology and genetics
to decide who is more likely to commit crimes.
-Phrenology- studying bumps on skulls to decipher
who is more likely to commit crimes.
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Sociological Theory
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-Bad environment causes crime/Believing that society
determines criminal behavior.
-Social Groups/institutions create conditions that lead to
criminal behavior.
Social disorganization creates criminals, i.e. poverty, unemployment, inadequate housing, school problems, violent media. On occasion poverty does often cause crime.
Social responsibility is the response.
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Law: When is Crime a Crime?
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Before you can commit a crime there has to be a law stating that the act is criminal
In this country, it means that it has to be written down.
There must be an act that violates the law on the books.
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1. Mala En Se 2. Malum Prohititum
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1. Mala En Se
Categories of crimes that are wrong and we all instinctively know it
2. Malum Prohibitum
Crimes that are not evil in themselves
A society runs smoothly w/ these laws that government creates
i.e. stop sign (nothing is inherently evil but as a society we have agreed that we should stop at them)
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Preliminary Hearing
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Must request it
held before magistrate
Determines if there was probable cause and then will try or dismiss
Probable Cause- facts of crime, involvement, and jurisdiction
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Grand Jury
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a jury that determines if you will be criminally indicted;
will not be tried
Determine probable cause and then move you to trial if found
Another chance, pre-trial, to get the case dismissed
If no facts that connect you to case, you will be free to go
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Plea Bargaining
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an agreement in a criminal case where the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.
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Victimology
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Victimology is the scientific study of victims and the patterns of victimization
Includes:
relationships between victims and offenders
interactions between victims and the criminal justice system
connections between victims and other social groups and institutions: such as the media, businesses, and social movements.
Those already socially or financially troubled are more likely to be victimized
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Victims in Detail
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Those already socially or financially troubled are more likely to be victimized
Minorities, poor people, women (solely rape)
Rape is the least reported crime
MEN are most likely to be victimized
Unmarried people
Youth more likely to commit crime
Ages 12-24- most likely to be victimized
Elderly have the lowest rate of victimization of any age group
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Robbery in Victimization
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Robbery is the crime most likely to occur by an armer offender
Individuals are more likely to be robbed than institutions
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Time/Location Factors of Victimization
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late at night - explains elderly
unprotected areas
urban people
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National Crime Victimization Survey
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Statistics and conditions of victims
Surveys victims but not homicide (the dudes dead)
Only half of all violent crimes are reported to law enforcement
This survey helps to clue enforcement on to total numbers
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Victim Perpetration Theory
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How victims play a part in their own victimization
How can they prevent being victimized?
Choices that set them up for being victimized- don’t do.
This does not mean that the victim can be blamed
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Lifestyle Theory
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a. Activities- if you engage in them, you are more likely to be victimized
Ex: illegal activities (crack house hangouts, river @ night)
b. Associations- enhance the likelihood of being victimized by grouping
The people you hang out with- do they steal?
Anti-social people or wildly violent people: may take things out on others
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Primary vs. Secondary Impact
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Primary Impact-
The financial/psychological responses of a victims victimization
Secondary Impact-
The responses of people/institutions to victimization that lead to re-victimization
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Social vs. Criminal Justice
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hard to determine between them
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Jury vs. Judge
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Jury- determines facts of case
Judge- always sentences
Grand Jury- something that is never seen; decides indictment or not
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Rights of the Victim
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any changes that were the results of the victims rights movement
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