Exam 1 Study Guide Chapter 1 Criminal Justice Informal vs.

s. Formal Sanctions Informal sanctions include social norms that are enforced through the social forces of the family, school, government, and religion. These social institutions teach people what is expected for normative behavior. In the informal system, parents punish children for disobedience, bosses reprimand employees, teachers discipline students, and religious groups call on offenders to repent for their sins. Social order and the common welfare are promoted through the use of formal sanctions (such as laws) found within the criminal justice system. Criminal Justice System In the United States, the criminal justice system is based on the enforcement of obedience to laws by the police, the courts, and correctional institutions. When group and society norms are codified into law, government has the power to compel obedience to the rules on pain of punishment, including death. Three Branches of Government in the United States The new government defined in the Constitution consists of three independent branches: the executive, the legislative, and the judicial. The Constitution divides power among these three branches of government and provides checks and balances. It set up a federal court system and gives power to the states to set up court systems as they deem appropriate. Three Main Agencies in the Criminal Justice System The criminal justice system is divided into three categories of agencies: police, courts, and corrections. Each of the agencies in the criminal justice system is independent. There is no single agency that has oversight control of all of the criminal justice agencies. The main agencies in the criminal justice system are: 1. The police 2. The courts 3. The probation and parole agencies, and the jails, prisons, and other correctional agencies. These agencies exist at the local, state, and federal levels of government. Each jurisdiction has its own distinctive criminal justice agencies that provide services to the local, state, or federal government.

The Two Criminal Justice Models Law without order is anarchy, but order without law is tyranny. The balance between law and order resembles a pendulum that swings back and forth between the two values. In the period of social unrest, many people were receptive to the promise of crime control, community safety, and swift, preferably harsh, justice for the offender. This emphasis on efficient and effective justice is known as the crime control model. Crime control cannot be achieved at the expense of constitutionally protected liberties. The emphasis on ensuring that individuals are protected from arbitrary and excessive abuse of power by the government is known as due process. Due process means that in the quest for crime control, the government is bound to follow certain rules and procedures. Even if a person is guilty, if the government does not follow the rules and procedures in obtaining a conviction, the courts can void the conviction. The Criminal Justice Funnel Total Arrests 54,590 - 75% - Nonviolent Felonies and Misdemeanors - 25% - Violent Felonies Cases Carried Forward 99.5 % - 96% - Disposed of by Guilty Pleas Trials - 30% - Acquitted - 67% - Convicted o 68% - Sentenced to Incarceration of More Than One Year o 32% - Sentenced to Probation or Other The Picket Fence Model of Criminal Justice In the picket fence model, the horizontal boards in the fence represent the local, state, and federal government, and the vertical boards represent the various functions within the criminal justice system, such as law enforcement, courts and corrections.

Exam 1 Study Guide Chapter 2 - Crime: Why and How Much Theories and the Role They Play in Criminal Justice The purpose of a theory is not to predict what a specific individual will do in a specific case. Rather, theories attempt to define general principles that will apply in a number of similar cases, but not necessarily in all cases. Theories attempt to define and explain the factors that influence or determine behavior and how these factors interrelate. In classical and neoclassical theories, the explanation for crime is based on the assumption that criminal behavior is a matter of choice. The individual has free will to choose to commit or refrain from criminal behavior. The individuals choice of behavior is influenced by a rational analysis of the gain to be achieved from committing the criminal act versus the punishment or penalty that could be suffered if sanctioned by society for the criminal behavior. Beccaria and Benthams Work Cesare Beccaria is considered the founder of classical criminology. Beccarias essay clearly summarized the concept of the criminal justice system as a social contract based on logic, goal orientation, and humanistic principles. The concept that criminal behavior is a matter of free will and choice and that certain, swift, and appropriate pain will deter people from criminal behavior is the basic premise of the classical theory of criminology. Jeremy Bentham is considered the founder of neoclassical criminology. Bentham agreed with Beccarias concept that criminal behavior is a matter of free will and the choice to commit criminal behavior can be deterred by pain and punishment. The major difference between the two theories is that Bentham believed the Beccarias unwavering accountability of all offenders was too harsh. Benthams neoclassical philosophy that people act rationally and the punishment should fit the crime became the foundation of the American jurisprudence system. Lombroso and Crime Cesare Lombroso was an Italian medical doctor who took an interest in the causes of criminal behavior. For his theory explaining criminal behavior, Lombroso collected extensive data from Italian prisoners and Italian military personnel. Lombroso believed that criminal behavior was a characteristic of humans who had failed to fully develop from their primitive origins, such that criminals were closer to apes than to contemporary humans. Criminals were born inferior and prehumen, according to Lombroso. Thus, little could be done to prevent such persons from become criminals or to rehabilitate them. Lombroso suggested that preventive

actions would have little or no impact on the prevention of criminal behavior. Lombroso made extensive physical measurements to define what he called the criminal man. The study of the physical traits of criminals was called atavistic stigmata. Zone Theory According to zone theory, developed by Robert Ezra Park and Ernest Burgess, social environments based on status disadvantages such as poverty, illiteracy, lack of schooling, unemployment, and illegitimacy are powerful forces that influences human interactions. The basic cause of delinquency was not the ethnicity of the juveniles, but the social structures, institutions, and environmental variables in that zone. As one moved away from the industrial heart of the city, the rates of delinquency dropped. Crime Prevention Through Environmental Design Based on the assumption that social conditions such as unemployment, poor schools, and substandard housing are significant factors contributing to delinquency and crime, many government-sponsored programs have attempted to fight crime by improving employment opportunities, social services, schools, and housing. Crime prevention through environmental design (CPTED) was founded on the theory that crime prevention is related to environmental design, particularly housing design. Demographics of Criminal Victimization - Individual between the ages of 12 and 24 have the greatest chance of becoming the victims of crime, especially violent crime. Generally, as one gets older, the rate of victimization decreases. - Men are victimized at higher rates than women are. For every offense except sexual assault or rape and simple assault, men have higher victimization rates than women. - Females most often are victimized by someone they know. Females report that 78% of those who violently victimize them are known to them. Women are much more likely to be victimized by family members, spouses, boyfriend, or other persons known to them. This relational phenomenon is known as intimate victimization. - Males report that they are almost as likely to be victimized by someone known to them (51%) as they are by strangers (49%). - Violent victimization of women is more likely to be repetitive and occurring over a period of time rather than as an isolated event, a random attack by a stranger, or a secondary consequence of being a crime victim. - Even when women are the offenders rather than the victims, more than half of incidences in which women were arrested for killing a male intimate partner were precipitated by some sort of physical attack by their victim or claims of self-defense.

Women who are victimized by non-strangers are less likely to report their victimization. A study of college women indicated that 95% of the women who were raped did not report this to police, and 100% of attempts of sexual coercion were not reported to police. Blacks were victims of overall violence, robbery, aggravated assault, and person theft at rates higher than those of Whites. Blacks and Whites were equally likely to experience rape or sexual assault. Native Americans experience violence at a rate significantly higher than all other races. The rate of violent crime victimizations was more than 2.5 times the rate for all persons ages 25 to 34. Native Americans experienced violence at rates more than twice that of Blacks, 2.5 times the rate of Whites, and 4.5 times that of Asians. Hispanics were victims of overall violence at about the same rate as nonHispanics. However, Hispanics were significantly more likely to be victims of aggravated assault than were non-Hispanics. In general, the wealthier a person is, the less chance there is that he or she will be a victim of violence.

Victim-Precipitation Theories and Their Facets These theories are based on the concept that victims themselves precipitate, contribute to, provoke, or actually cause the outcome. These theories assume that some crimes, especially violent crimes, are interactions, or transactions, between victims and offenders. Victim precipitation means that the victim is not simply an object acted upon by a criminal. Victim precipitation is said to have three facets: 1. Victim contribution refers to a persons action or lack of action that makes their victimization more likely. 2. Victim proneness implies that some individuals or groups have a quality that makes them more likely to become victims of crimes. This can also refer to the fact that some victims are easy targets. 3. Victim provocation suggests that the victim is the primary cause of his or her victimization. Civil Remedies for Victims Because compensation and restitution have limitations, crime victims are increasingly relying on civil litigation as another way to help them recover from the harms cause by crime. Victims have used civil remedies civil court processes to recover from the psychological, financial, emotional, and physical harms of crime. Civil suits are particularly empowering because crime victims are directly involved in these cases. A victim decides to pursue a civil action against the offender, a third party, or both; works directly with his or her attorney to prove liability; and chooses to accept or reject a settlement offer. The goal of such civil suits is to help victims

work through the trauma caused by crimes, recover expenses from crimes, and restore confidence in their ability to control their own destinies. Despite the advantages of civil remedies, there are some disadvantages. In a civil lawsuit, the financial burden falls on the victim. The victim is responsible for obtaining and paying an attorney and all of the investigation costs in pursuing the civil case. Uniform Crime Reports Over the years, crime data collected by the FBI and published under the title Uniform Crime Report (UCR) have become useful database for examining crime trends. These data have numerous purposes: as a measure of crime rates, as a factor in indexes calculating the quality of life in U.S. cities, and as a factor in policy decision. Problems with NCVS The NCVS does provide important data, but it also has deficiencies. The NCVS depends on self-reported data by the victim, which may be inaccurate. The survey is sent to households, so it does not reliably pinpoint the geographical location where the crimes occurred. Also, household members who have previously withheld information about victimization from family members are not likely to report their victimization in the NCVS.

Exam 1 Study Guide Chapter 3 Criminal Law Control Versus Liberty Five Reasons for the Establishment of Law The American Law Institute, a private, voluntary association of distinguished judges, lawyers, and law teachers, gives five reasons for the establishment of laws: 1. To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests 2. To subject to public control persons whose conduct indicates that they are disposed to commit crimes 3. To safeguard conduct that is without fault from condemnation as criminal 4. To give fair warning of the nature of the conduct declared to constitute an offense 5. To differentiate on reasonable grounds between serious and minor offenses Mala In Se vs. Mala Prohibita Specific laws might be passed because they prohibit actions that are thought to be harmful to society. For example, prohibitions against murder, rape, robbery, and arson are seen as serving all people in society. Such acts are prohibited because they are considered harmful in themselves, or mala in se. Other laws might be passed because some people feel that there is a need to regulate certain actions. Thus, for example, there are parking regulations, minimum drinking-age limits, and various regulations. Acts that violate such regulations are mala prohibita prohibited only because of the law and not because they are necessarily harmful or inherently evil. Felonies, Misdemeanors, and Violations Serious criminal conduct is called a felony, and less-serious criminal conduct is called a misdemeanor. The difference between a felony and a misdemeanor is usually defined by the amount of time in prison or jail that the offender can receive as punishment for violation of a statute. Felonies commonly are crimes for which an offender can receive a punishment of 1 year or more in a state prison, whereas misdemeanors are crimes for which an offender can receive a punishment of 1 year or less in a state prison or county jail. Violations, a relatively new classification of prohibited behaviors, commonly regulate traffic offenses. A violation is less than a misdemeanor and might carry the punishment of only a fine or suspension of privilege The advantage of violations is to free up the resources of the criminal courts for more serious cases and allow for speedier processing of cases through the system..

The Seven Limits of the Law Seven benchmarks are used to assess the legality of criminal laws. 1. Principle of Legality the government cannot punish citizens for specific conduct if no specific laws exist forewarning them that the conduct is prohibited or required. The principle of legality requires that laws must be made public before they can be enforced. 2. Ex Post Facto Laws declares that the persons cannot be punished for actions committed before the law prohibiting the behavior was passed. The principle of ex post facto laws also prohibits the government from increasing the punishment for a specific crime after the crime was committed. 3. Due Process there are two types of due process rights: substantive and procedural. Substantive due process limits the power of government to create crimes unless there is a compelling and substantial public interest in regulating or prohibiting a certain type of conduct. Procedural due process requires the government to follow established procedures and to treat defendants equally. 4. Void for Vagueness the law must saw what it means and mean what it says. Laws that do not provide reasonable guidelines that define the specific prohibited behaviors are void for vagueness. Laws must use wording that clearly specifies what behavior or act is unlawful. 5. Right to Privacy laws that violate reasonable personal privacy may be declared void. 6. Void for Overbreadth laws that have been declared void for overbreadth are laws that go too far; that is, in an attempt to prevent a specific conduct, the law not only makes that conduct illegal, but it also prohibits other behaviors that are legally protected. 7. Cruel and Unusual Punishment to be valid, a law must specify the punishment to be applied for violation of the law. If that punishment is in violation of the Eighth Amendment, which prohibits cruel and unusual punishment, it may be declared unconstitutional. Inchoate Offenses and Three Common Examples Crimes that go beyond mere thought but do not result in completed crimes are called incomplete crimes, or inchoate offenses. The three inchoate offenses are: 1. Solicitation the urging, requesting, or commanding of another to commit a crime. 2. Conspiracy requires that two or more people take steps in preparation for the commission of a crime. 3. Attempt the closest act to completion of the crime and therefore carries a greater punishment than solicitations but a lesser punishment than if the crime had been committed. Different Types of Criminal Defenses

The fact that a person has committed an act that, by law, constitutes a crime does not mean that the person will be held criminally liable for that crime in a court of law. There are numerous defenses that a person can offer at trial as justification. 1. Alibi - the use of an alibi as a defense requires that the defendant present witnesses who will give testimony in court of other evidence establishing the fact that the defendant could not have committed the offense. 2. Consent or Condoning by the Victim the defense that the victim gave permission for the act, or condoned the act, is not a valid defense for criminal actions. Consent or condoning by the victim is a valid defense for a number of actions in which injury is a foreseeable risk and the behavior is socially and legally acceptable. 3. Entrapment or Outrageous Government Conduct entrapment or outrageous government conduct are related to the principle that a defendants criminal actions must be voluntary. Entrapment is an affirmative defense, which means that the defendant must admit that he or she committed the crime as alleged. The person is not innocent but claims that if it had not been for the actions of government agents, he or she would not have committed the crime. 4. Immunity of Privilege in the defense of immunity, the accused has special protection against being prosecuted. Four forms of this defense are diplomatic immunity, legislative immunity, witness immunity, and privilege. 5. Involuntary Actions and Duress a defense of involuntary action is a claim by the person that the action or behavior was not voluntary. The persons behavior might not have been voluntary in that it was an accident or that he or she could not control the behavior through no fault of his or her own. For the defense of duress, the person claims that he or she did not commit the actions of his or her own free will. In the defense of duress, the person claims that his or her behavior was compelled by the use or threat of force by another. 6. Mistake or Ignorance of Fact or Law a defense that claims to negate the requirement of criminal intent. Thus, there is great difference between the standard used to distinguish ignorance of the law and mistake of fact. 7. Necessity the defense of necessity is an affirmative defense in which the defendant must admit that he or she committed the act but claims that it was done because of necessity or need and not because of criminal intent. 8. Self-Defense the claim of self-defense is an affirmative defense: the defendant admits to the murder or assault but claims that he or she lacked criminal intent. The lack of criminal intent is based on the claim that the defendant was protecting himself or herself from deadly attack or serious bodily injury. 9. Youth the crimes of youthful offenders under the age of 18 are tried separately from adult offenders. 10. Insanity a defendant could be considered insane only if he or she met the conditions: he or she suffered from a disease or defect of the mind and the disease or defect could have caused the defendant either not to know the nature and quality of the criminal act or not to know that the act was wrong.

Murder vs. Manslaughter The definition of homicide the killing of one human being by another takes into account the harm done to victim and the different degrees of criminal intent. Based on the degree of harm intended, homicides are divided into murder and manslaughter. Murder is divided into first-degree murder the premeditated and deliberate killing of another and second-degree murder. Second-degree murder includes the killing of another without premeditation, with the intent to inflict serious bodily injury but not death, as the result of extreme recklessness, and during the commission of a felony in which there was no intent to kill or injury another. Manslaughter is the killing of another without malice that is, without the specific intent to kill. Manslaughter is divided into three categories: voluntary, involuntary, and vehicular.

Exam 1 Study Guide Chapter 4 Roles and Functions of the Police Jurisdiction Each law enforcement agencys powers, responsibilities, and accountability are determined by its jurisdiction. Jurisdiction refers to the geographical limits such as the municipality, county, or state in which officers of the agency are empowered to perform their duties. Jurisdiction also refers to the legitimate duties that the department can perform. Three Types of Federal Police There are three distinctively types of federal agencies: 1. Military Police perform law enforcement duties on military bases, on certain federal lands, and in certain cases involving military personnel. Each branch of the military service also has its own criminal justice system, including court and correctional institutions, which are separate from the civilian criminal justice system. 2. Tribal Police Native American reservations are considered sovereign territories, where local and state police have no jurisdiction. Federal police and the military have limited jurisdiction on these reservations. Each Native American reservation has the legal authority to establish its own tribal police to provide police services. 3. Civilian Police there are approximately 50 federal civilian law enforcement agencies. Some are small, with limited duties, while others are major agencies with international jurisdiction. The largest and most visible of the federal civilian law enforcement agencies are the U.S. Marshals Service, the U.S. Postal Inspection Service, the U.S. Secret Service, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Drug Enforcement Administration. Highway Patrol Agencies State police agencies that focus on traffic enforcement are commonly called the highway patrol. The legal jurisdictions for these agencies are limited to enforcing the traffic laws and promoting safety on the interstate highways and primary and secondary roads of the state. State highway patrol officers enforce the various traffic laws of the state, render assistance to motorists, and promote highway safety. Highway patrol officers have the powers of arrest and search and seizure, and are authorized to carry firearms. County Law Enforcement Agencies and Their Duties The sheriffs office is the oldest local policing authority in the United States. Because a sheriff has countywide jurisdiction, whereas local police departments have only

municipal jurisdiction, the sheriff is generally designated as the chief law enforcement officer. The sheriff is empowered to appoint officers to help him or her carry out the duties of the office. These officers are called deputy sheriff officers. The sheriffs department can have three major responsibilities: 1. Law enforcement duties 2. Serving as officers of the court 3. Operating the county jail. Metro Police As cities have merged into large metropolitan areas, police departments have responded by expanding the geographical jurisdiction of municipal police officers through intercity agreements. In large metropolitan areas, intercity and country agreements have established the metro police. These agreements provide for greater geographical jurisdiction to avoid the problems that would develop if the police did not have any powers outside of their city limits. Special Police Special police have limited jurisdiction both in geographic and police powers. They are hired, trained, and equipped separately from municipal police officers, sheriffs deputies, and state officers. Although special police agencies perform essential services, are the source of a substantial number of jobs, and contribute significantly to the public safety of citizens, they have had little impact or influence on the development of the criminal justice system. Special police include airport police, park police, transit police, public school police, college and university police, public housing police, game wardens, alcoholic beverage control agency police, and special investigative units. Process for Hiring Police The hiring process takes months to complete, and the initial training can take up to 6 months. During this time, applicant will be screened, examined, tested, observed, stressed, and evaluated in many different ways. They will be tested for their physical, psychological, and intellectual fitness as police officers. The object of the extensive screening and training process is to produce police officers who can perform their duties to the high professional standards demanded by the department, the community, and the law. The usual process for hiring includes a written test, an oral interview, a physical examination, fitness testing, psychological testing, a background check, a drug-screening test, and, in some departments, a polygraph examination. Law Enforcement Assistance Administration

A major factor that promoted the emphasis on college-educated police officers was the federal Law Enforcement Assistance Administration (LEAA) program. Under this program, college students who indicated their desire to join a police department after graduation, as well as employed police officers, could obtain student loans to attend the colleges of their choice. In return for remaining in the criminal justice system after graduation from college, their educational loans were forgiven. Police Training: Academy and Field Training After candidates are interviewed, tested, and screened, a number of selected candidates are given notices to report to a police academy and undertake up to 1,100 hours of training. The academy emphasizes academic learning, physical fitness, and development of the recruits aptitude for police work. Most departments use some form of in-service training or field-training program to further evaluate the suitability of the candidate for police work after graduation from the training academy. During this period of time, the academy graduate works directly under the supervision of an experienced officer. The experienced officer evaluates the street-sense and attitude of the new officer and assesses his or her ability to be a good cop. The field-training program may last only several weeks, but most departments keep a newly hired officer on a probationary status for up to a year. Community Policing Community policing developed as citizen disenchantment with police services and criticisms of police professionalism led to experimentation with different policing strategies. The common characteristics of community policing are: - Focus on decentralized strategies that promote crime prevention rather than rapid response, crime investigation, and apprehension of the criminal. - Focus on promoting the quality of life of the community and public order rather than law enforcement. - Use of alternatives other than arrest and force to solve the cause of the problem rather than responding to the symptoms of the problem. Broken Windows and Zero Tolerance An underlying theme of community policing is a partnership between the police and the community. In this partnership, the police become problem identifiers, dispute resolvers, and managers of relations rather than crime fighters, law enforcers, and the thin blue line. The broken window theory is the theory that in a neighborhood, if vacant buildings are left untended, if graffiti is tolerated, and if public order violations such as public drinking, disruptive behavior by youths, and vandalism are permitted, these will be

signals to people that nobody cares about the community, leading to more serious disorder and crime. The zero-tolerance strategy is the strict enforcement for minor violations of the law, such as public drinking, after-hours use of parks, loitering, and even jaywalking. The assumption behind this strategy is that it will send the message to more serious lawbreakers that if even such minor offenses are noticed by the police, then more serious offenses will bring prompt police action. Problem-Oriented Policing and SARA Models Problem-oriented policing emphasizes attacking the root problem that causes crime instead of responding to the symptoms of the problem by arresting offenders and taking victimization reports. Problem-oriented policing emphasizes three main themes: - Increased effectiveness by attacking underlying problems that give rise to incidents that consume patrol and detective time. - Reliance on the expertise and creativity of line officers to study problems carefully and develop innovative solutions. - Closer involvement with the public to make sure that the police of addressing the needs of citizens. One commonly used technique in problem-solving policing is scanning, analysis, response, and assessment (SARA). 1. Scanning gather data to define the problem. 2. Analysis determine the nature of the problem, causes, and possible solutions. 3. Response work with people, groups, and agencies to implement solutions. 4. Assessment follow up on the initiatives taken.