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Criminal Justice Exam 1
Terms in this set (109)
The holding for this case was you cannot kill someone innocent to save a life and that you have a right to life. In the United States, this was interpreted as you can kill out of necessity/self defense. There are two requirements for this including the necessity must be immediate and specific, and everyone must have an equal opportunity to be killed or live.
Regina v. Dudley and Stephens: Holding and Application to U.S. Courts
-After William the Conqueror won the Battle of Hastings, he took all the power from the Feudal Lord
-Church still had their own Canon Law
-State vs. Canon Law was a common conflict
Evolution of Common Law: Pre 1066 England: Feudal Lords/Nature of Law
-Royal Administrators and Circuit Courts
-Origin of Stars Decisis: Precedent
Evolution of Common Law: Post 1066: Henry II
An acquittal from a charge or accusation obtained when an accused person swears innocence under oath with witnesses of their character.
Legal Procedures: Compurgation
When God determines your guilt. A priest performs a test of faith on the accused person.
Legal Procedures: Trial by Ordeal
When you have representatives, such as prosecutors and lawyers, argue both sides of the case.
Legal Procedures: Trial by Advocacy
When you fight to death.
Legal Procedures: Trial by Combat
Exemption of clergy from following state laws because they are under the jurisdiction of canon law (church law). Extended to those who could read the bible, meaning rich people who could afford an education.
Legal Procedures: Benefit of Clergy
There are three components of criminal justice which are police, court, and corrections. Criminology includes cause of crime, trends of crime, etc.
Difference between Criminal Justice and Criminology
August Vollmer created CJ as an academic discipline in the 1920s because he discovered major police corruption caused by political machines. Incorporating education and training professionalism the job, get rid of corruption, and make it a respectable job.
Origin of Criminal Justice as Academic Discipline
Dramatic increase in crime as a result of the civil rights movement and Vietnam war.
Impact of Civil Rights Movement and Vietnam War on Criminal Justice System
-These were the largest protests and unrest in the United States. Students and professors were protesting for minorities. Police defended segregation and attacked protesters. There was much more civil disobedience to protest laws that were unjust.
-Civil Disobedience: potentially breaking a law when it's unjust as a form or protest.
Role of Police + Civil Disobedience
Public perception was that crime was the biggest problem in the United States and that police weren't doing their jobs and that they were a problem because of police brutality.
Crime + Public Perception of Police
1967 Presidential Commission Research and Findings: President Johnson declared a war on crime because of the high crime rates and commissioned research on crime and justice. The findings of the research was America had lost confidence in law enforcement and are afraid.
War on Crime
-LEAA (Law Enforcement Assistance Administration) gave law enforcement federal funds.
-LEEP (Law Enforcement Education Program) feds gave money to fund education for officers.
-NIJ (National Institute of Justice) gave money to fund athletic training and any other specific programs to prevent crime.
Omnibus Crime Control and Safe Streets Act of 1968
Promoting social freedom and protecting innocent people and increasing the quality of life as quick as possible with as little money as possible, deter criminals through harsh punishments
Assembly Line Justice
Opporates on assumption of guilt
Informal fact finding
No miranda and warrants
Goal: get a guilty plea as quick as possible, efficiency, and public order
Models of the Criminal Justice System: Crime Control
Ensuring and protecting the rights of individuals
Formal procedure rules
Presumption of innocence
GIF (guilty in fact) and NLG (not legally guilty)
Models of the Criminal Justice System: Due Process
-Homeland security is distinctive from national security in its geographical scope, as homeland security policies and programs generally include efforts to identify, remove, and respond to threats against United States targets. National security policies generally focus on foreign threats.
-Homeland security is enforced by civilian law enforcement and national security is enforced by the military.
Homeland v National Security [Differences]
Flexibility allows for the encompassing of varying homeland security missions that range from terrorism prevention to community resilience. It also facilitates the consideration of the multiple types of threats.
Advantages of Multiple Definitions of Homeland Security
The mission of homeland security is open for interpretation which can affect homeland security policy making and the allocation of resources for homeland security programs. It can also hinder efforts to implement comparable homeland security programs across agencies, as well as efforts to comparatively evaluate their success.
Disadvantages of Multiple Definitions of Homeland Security
-Before 2001, governmental responsibilities for homeland security were fragmented across multiple federal government agencies, divisions, and offices.
-After 9/11, the Office of Homeland Security and the Homeland Security council within the Executive Office were created.
Reorganizing Homeland Security (Before and After 9/11)
A bill was introduced after 9/11 to create the DHS by bringing together the Federal Emergency Management Agency (FEMA), Border Patrol, and the Coast Guard. It was signed into law on November 25, 2002. Oversaw border and transportation security, weapons of mass destruction countermeasures, intelligence and infrastructure protection, and emergency preparedness and response.
DHS [Dept. of Homeland Security] - origin + missions
The same executive order that created the OHS created the HSC. The HSC was tasked with keeping the President more informed on issues related to emerging threats to America from within the United States and the coordination of the federal, state, and local agencies to prevent future terrorist attacks.
HSC [Homeland Security Council] - origin + purpose
The transportation security administration was created. The agency was responsible for implementing terrorism prevention policies, including overseeing uniform screening programs across airports and other modes of transportation in the United States. The TSA hired officers at over 400 airports and new technologies were also implemented to screen baggage and detect explosives.
Changes and Status: Aviation
The Federal Aviation Administration issued a security directive requiring passengers to remove their shoes for X-ray inspection before boarding planes. The TSA restricted passengers from carrying liquids aboard flights in the US. Now the restrictions are looser and you can carry 3-ounces or less if sealed in a clear plastic bag.
Changes and Status: Airport Screening
Before 9/11, the general policy was to "catch and release" those found in the US illegally. The 2005 Initiative, however, mandated that more illegal immigrants be arrested, detained, and deported. The number of deportations in recent years has increased with raids of business suspected of hiring undocumented individuals.
Changes and Status: Border Security
-Increases federal surveillance powers
-Reduces judicial oversight
-Scope of expansion
-Sunset Provisions: because the PATRIOT Act is so radical they made it temporary, setting an expiration date
USA Patriot Act
-Does NOT Need a warrant
-Does NOT Provide notification- Exigent Circumstance
Secret Searches 213
-FBI can demand access to 3rd party records without getting a warrant
-Records must relate to a search of terrorism or espionage
-3rd party must comply or they will be held in contempt of the court
-The individual will not be notified that their records were handed over
-3rd party cannot tell the individual, gag order
3rd Party Documents (FISA) 215
-Numbers in and out not actual conversations
-No warrant requirement
-Only for terrorist and foreign espionage investigation
-Phone and internet
Pen Register/Tap & Trace 214
-Needed court order for different devices
-Now only need one court order for all devices
Roving Wiretaps 206
-Authorize to detain non-citizens
-Length of detention can be indefinitely
Application for Corrections: Detention of Non-Citizen and Constitutional Rights 412
-Hold Until Clear, you don't have to be released
-The government could listen in on lawyer/client communications without a court order, only for suspected terrorists and as long as there is suspicion that they are talking about terrorism
-Constitutional protections go away if you're suspected of terrorism
-Secret military tribunals, removed from federal system therefore no jury because we don't want the public to learn about the secrets of the government or terrorists
Government Use of Patriot Act Provisions
-No one bothered to find out if this is actually the solution to the problems
-Eliminates checks and balances that were put in place to prevent spying on Americans
-People sacrifice their civil liberties
Criticisms Leveled Against Patriot Act
-Changes from being willing to give up rights to wanting rights back
-Eventually the public opposed the Patriot Act
Public Opinion of Patriot Act 2002-2005
Made some provisions permanent
New Sunset Provisions
Patriot Act II - Provisions (2006)
-Strengthen privacy rights: The government was collecting phone records (telephone metadata) and things from computers. The Freedom Act said that they couldn't do that using 215 from the Patriot Act.
-Increase Transparency: FISA disclosure
-Strengthen National Security: If someone helps terrorists they receive a mandatory 20 years.
USA Freedom Act - Provisions (2015)
-Voluntary Participation so data not complete
-Lying about the numbers for more funds
-Under reporting: less than 50% of crime gets reported
-Hierarchy Rule, only the most severe one will be reported
-Officers don't arrest everyone they see committing a crime, they use discretion
Identify and Understand Problems with UCR Data
-Percentage of reported crime thats solved- arrest
-20% in the US, violent clearance is 46% and property clearance is 18%
Can't make the arrest but can prove the individual committed the crime. Ex: school shooting where the perpetrator commits suicide.
Probable Cause = Exceptional Clearance
The crime rate declined because of the large numbers of young men entering the military during World War 2
Historical Trends: 1933-1941
Crime rates rose because the first baby boomers were teenagers and had entered the crime prone age. There was also an increase in the number of reports and police agencies were becoming more professional. The Vietnam War, civil rights struggles, and an influx of drugs also increased crime.
Historical Trends: 1960-1989
Crime rates dropped because of strict laws, an expanded justice system, and increased funding for personnel and for crime fighting technologies.
Historical Trends: 1990-2015
Some cities have recently experienced increases in violent crime, but online criminal activity is difficult to assess using existing reporting practices. This is because of economic uncertainty, a growing number of ex-convicts back on the streets as well as an increase in teen populations and gang activity.
Historical Trends: 2016-present
-An offense "in which the defendant's conduct was motivated by hatred, bias, or prejudice, based on the actual or perceived race, color, religion, national origin, ethnicity, gender, or sexual orientation of another individual or group of individuals
-Hate crime statistics vary dramatically between data sources and that the NCVS reports much larger numbers of hate crimes than does the UCR
-Active Shooter Offenses increase even though crime rate is going down
-357 million gun circulation
-Issue over 2nd Amendment: the right of people to bear firearms should not be infringe
Gun Crime and Gun Control Issues
-Requires citizen of NY to get a police issued license for possession of a small firearms
-CCW: can not carry a concealed weapon
Sullivan Act (1911)
-In response to the St. Valentine's Day Massacre
-Register for firearms + $200 tax
National Firearms Act (1934)
-Interpretation of 2nd Amendment: grants the state rights instead of personal rights in case of National Defense
-Supreme Court remanded (sent the case back to the district court)
The Miller Case (1939)
-In response to the assassination of prominent political figures
-Banned the mail order sent guns
-Created categories of prohibited purchasers and users (criminals, fugitives, minors, dishonest discharged, illegal aliens and mentally ills)
-Mandated series numbers on guns
Gun Control Act of 1968
-Background check on purchasers
-Imposed a five-day waiting period on purchases
Brady Handgun Violence Prevention Act (1994)
-Missing info (domestic violence, drugs, and the mentally ills)
-Straw Purchases: a criminal act in which a person who is prohibited from buying firearms uses another person to buy a gun on their behalf.
-40 % gun shows do not need background checks
Problems with Gun Control Legislation
-DC law challenged
-Meaning of the 2nd Amendment challenged
-Granted rights to possess lawful purpose like self-defense at home unconnected to military, but it's not an unrestricted right
District of Columbia v Heller (2008)
-Arguing if the 2nd Amendment apply to states as well
-Same as DC
-Fundamental right but not unrestricted
-Only compelling reasons
McDonald v City of Chicago (2010)
Yes, evidence suggests that certain regulations have been effective in reducing gun use in crime. Even in the United States, guns are not so readily available as some may claim.
Is There Any Point in Regulating Firearms
-Chicago and DC were the only large cities to attempt to ban handgun acquisition in modern times
-Were the basis for the two Supreme Court cases Columbia vs. Heller and McDonald vs. City of Chicago.
-The bans were largely ineffective, not only in reducing gun use by criminals, but also in reducing handgun ownership by ordinary people
Handgun Bans in Chicago and Washington DC
-Typically these programs offer cash or goods in exchange for guns.
-This method is not effective in reducing gun violence.
-People were turning in broken guns or owned multiple guns and did not turn them all in.
-If there was a cash in exchange for the guns, people could turn in their guns for cash to buy new guns.
Gun Buy-Back Programs
-The Gun Control Act of 1968
-The Brady Act
Measures Effective in Reducing Gun Trafficking
-James Brady, press secretary to President Reagan, was shot and then became a champion for gun control
-Requires background checks etc. (Read above)
-Was not very effective in reducing homicide rates
-Since the provisions were limited to regulating sales by licensed dealers, the informal transactions by which almost all criminals get their guns were not directly affected.
Brady Handgun Violence Prevention Act
-Transactions that do not involve a licensed dealer, are unregulated in most states
-In states that lack their own regulations, private citizens can sell, loan, or give a firearm to anyone else, no questions asked, so long as they do not knowingly transfer a gun to someone prohibited from owning one.
Private Sale Loophole
-The Gun Control Act bans gun possession by those who have been "adjudicated as a mental defective". This includes four categories of people for whom a court has ruled to be severely mentally ill" incompetent to stand trial, not guilty by reason of insanity, involuntarily committed to a mental institution, or subject to a conservatorship.
-An alternative approach would be to focus on dangerousness rather than mental illness per se. If the court issues a restraining order on an individual, that should prompt an inquiry into whether that person is armed and if so lead to an appropriate intervention.
Those Dangerous to Themselves or Others b/c Mental Illness
-It is productive. Illegal carrying and its deadly consequences can be reduced through focused police efforts to get guns off the street.
-Boston's Operation Ceasefire: A key element of the strategy was the delivery of a personalized message to a small target audience regarding what kind of behavior would provoke a law enforcement response; This "retail deterrence" message was delivered by talking to gang members on the street, handing out fliers in the hot-spot areas explaining the enforcement actions, and organizing forums between violent gang members and members of the inter-agency working group.
Citizens entitled to rights not listed in the Constitution
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Constitutional clause that gives legislative branch authority to enact statutory law
Statutes - Necessary & Proper Clause
Law that defines, describes, regulates, and creates legal rights and obligations
Group of laws that define the methods for enforcing legal rights and duties
-Mandates the U.S. Supreme Court is above all courts
-Holding: law in state supreme court becomes law for that state only
Supremacy Clause (Article VI)
-Let the decision stand; decisions are based on precedents from previous cases
-Foundation for common law
The body of regulations that governments create to control the activities of industries, businesses, and individuals
-A law that would allow a person to be punished for an action that was not against the law when it was committed
-Cannot create new offense after the act
-Cannot increase the penalty after the crime
-Cannot change the rules of evidence to make conviction easier
Ex Post Facto
-No person shall be deprived of life, liberty, or property without the due process or law. Methods used in criminal justice proceedings have restrictions.
-Substantive: protects citizens from unfair and biased laws
-Procedural: methods used have restrictions
A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for Vagueness
When a statute prohibits legal and illegal conduct, the law is overreaching, it's going too far.
Void for Overbreadth
The purpose of civil law is to right a wrong and compensate the victim. The purpose of criminal law is to protect the public by punishing people who threaten the greater good.
Purpose of Civil Law vs. Criminal Law
In civil cases the plaintiff initiates the suit (plaintiff vs. defendant), in criminal cases the state or country initiates the suit (state/United States vs. defendant).
Who Initiates a Suit in Civil law and Criminal law
The sanctions in a civil case includes compensation or an injunction (court order that either commands you to do something or prohibits you to do something. The sanctions in a criminal case can be anywhere from probation to death.
Sanctions in Civil law and Criminal law
The burden of proof in a civil case is preponderance of evidence and the burden of proof in a criminal case is beyond a reasonable doubt that the crime was committed.
Burden of Proof in Civil law and Criminal Law
Felony: fine and more than 1 year in jail; Misdemeanor: small fine and less than 12 months of incarceration
Felony vs. Misdemeanor
When you fail to do something the law requires you to do (Not register a gun, not sign up for the draft, etc.)
An Act of Omission
When you do something the law tells you not to.
An Act of Commission
-A voluntary act (Actus Reus) is a crime and where you consciously break the law.
-An involuntary act is when there's no intents to commit the crime
Voluntary vs. Involuntary Act
People vs Beardsley: no legal duty to act
Legal Duty to Act - General Rule
-Statute law, duty to rescue ad statue relationship
-Good Samaritan Law: protect the helpers as long as the harm caused isn't due to willful misconduct
-Exercise reasonable care
3 Exceptions + Good Samaritan Laws
-Solicitation: hire or ask someone else to commit a crime
-Attempt: intent + corroborating act
-Conspiracy: hire or ask someone else to commit a crime TOGETHER (2 or more than 2 agree on)
Inchoate Offenses: Solicitation - Attempt - Conspiracy
-Justifiable: legal necessity or duty
-Excusable: acting within the law, no intent to take life, accidents
-Criminal: objective v subjective test
Reasonable Person Test
Types of Homicide: Justifiable - Excusable - Criminal
A jury or judge decides with the reasonable person criterion. The question to be asked in a given case is whether a reasonable person, in the same situation, would have known better and acted differently from the defendant. This is called the "Reasonable Person Test".
Level of Intent - Who Determines and How?
-General Intent: The person intended to commit a crime and they knew there would be a bad outcome of their action.
-Specific Intent: act+specified knowledge; such as burglary and forgery
-Constructive Intent: The person did not intend harm, but they should have known their behavior creates a high risk situation.
Common Law Levels of Intent
-Negligent: Should have been aware of the consequence of an action. (Charge: involuntary manslaughter)
-Reckless: They don't intent harm, but they know it's a possibility based off of their behavior and actions. (Charge: voluntary manslaughter)
-Knowingly: An action undertaken with awareness. Not necessarily purposefully.
-Purposely: Is always also knowingly. This is when an action is undertaken to achieve some goal. (Charge: 2nd degree)
Model Penal Code Levels of Intent
-First Degree Murder:
-Second Degree Murder:
-Voluntary Manslaughter: Reckless intent
-Involuntary Manslaughter: Negligent intent
Types of Criminal Homicide
Strict liability offenses, such as traffic violations, are and exception to intent. The potential of harm in enough for conviction and doesn't require a level of intent.
Exception to Intent - Strict Liability Offenses
If not for the act this thing would not have happened, such as in People vs Lewis where he shot his friend in the stomach and then the friend committed suicide because of the pain. If not for being shot, his friend would not have committed suicide.
Causation: But For
Something happened related to an incident but not because of an incident; only the best fitting explanation would make sense. Such as the Jordan Case when he got in a bar fight and the guy had to get stitches. A nurse gave him meds he was allergic to which killed him. The bar fight sent the guy to the hospital but it didn't cause his death, the nurse is responsible.
Causation: Proximate Cause
-Time period to bring charges, felons tend to be 5-7 years and misdemeanors tend to be 1-2 years
-No statute of limitations for murder
-This is because the system is already overloaded and it allows for efficiency. It is around because after a long period of time witnesses disappear, a person's alibi may no longer be able to be proved. It allows for fairness.
Statute of Limitations: What it is + Why
Claim to have been somewhere else during the time of the crime and therefore they could not have committed the crime. Need an eyewitness to confirm (home alone won't work). ONLY ONE THAT CLAIMS INNOCENCE
When a crime is committed but the defendant claims to have done the right thing
When the defendant has done something wrong but they feel they shouldn't be held legally responsible
When the defendant has done something wrong but claims their rights were violated by the police or the criminal process.
-Necessity: The claim that some illegal action was needed to prevent an even greater harm
-Consent: Claims that whatever harm was done occurred only after the injured person gave their permission for the behavior in question
-Duress: Any unlawful act or threat exercised on a person whereby the person is forced to enter into an agreement or to perform some other act against his or her will.
-Mistake: Mistake of law and mistake of fact.
Necessity + Consent + Duress + Mistake
It was necessary to inflict harm on another to ensure one's own safety in the face of near-certain injury or death. If you can retreat, you should unless your state has stand your ground laws or unless you are in your home or car.
Self Defense - Know General Principles + Application
-M'Naghten test holds that a person is not guilty of a crime if, at the time of the crime, the person either didn't know what he or she was doing or didn't know that what he or she was doing was wrong.
-Irresistible Impulse is argued by the defense that they couldn't stop doing what they knew was wrong.
-Model Penal Code test requires a judgement to the effect that the defendant either had or lacked "the mental capacity needed to understand the wrongfulness of his act or to conform his behavior to the requirements of the law.
M'Naghten vs Irresistible Impulse vs Model Penal Code
-After the Hinkley case, some states (Montana, Idaho, and Utah) banned the insanity excuse altogether. Another response to the Hinkley case was the guilty but mentally ill verdict.
-Guilty but mentally ill
Reforms Following Hinkley
-Entrapment is (the government or police) getting someone to do something illegal that they would not otherwise have done. Plant an idea is an otherwise "clean mind". This is illegal and violates the 5th amendment.
-Enticement is providing the opportunity for illegal action to someone who would have still done it. Such as undercover cops posing as drug dealers or prostitutes. This is legal.
U.S. v Tobias (1981): Entrapment vs. Enticement
Used to report murder, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson
Part 1 Offenses (UCR)
offense group used to report arrests for less serious offenses. Agencies are limited to reporting only arrest information for Part 2 offenses with the exception of simple assault
Part 2 offenses
Built on efforts to uncover the dark figure of crime which refers to crime not reported to police
Why was NCVS created?
With cooperation with the census bureau. Twice each year, census bureau personnel interview household members in a nationally representative sample. Only individuals 12 or older are interviewed.
How is NCVS data collected?
Doesn't depend on reports to the police
Advantages of NCVS
Disadvantages of NCVS
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