INTRO TO CRIMINAL JUSTICE Since the 1960s, Public Concerns about crime have increased. --1964...

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INTRO TO CRIMINAL JUSTICEINTRO TO CRIMINAL JUSTICE

Since the 1960s, Public Since the 1960s, Public Concerns about crime have Concerns about crime have increased.increased.

--1964 Presidential --1964 Presidential ElectionElection

--Johnson Commission on --Johnson Commission on LE and Administration of LE and Administration of JusticeJustice

--Joe Valachi’s Testimony--Joe Valachi’s Testimony

INTRO TO CRIMINAL JUSTICEINTRO TO CRIMINAL JUSTICECrime Victimization vs. Other Life Crime Victimization vs. Other Life EventsEventsEffects of Fear of CrimeEffects of Fear of CrimeIs Crime Normal? Durkheim’s Is Crime Normal? Durkheim’s Rules of the Sociological MethodRules of the Sociological Method

--Boundary Setting--Boundary Setting--Group Solidarity Function--Group Solidarity Function

Is Crime Normal? Durkheim’s Is Crime Normal? Durkheim’s Rules of the Sociological Rules of the Sociological MethodMethod

--Innovative Function--Innovative Function

--Tension Reduction --Tension Reduction FunctionFunction

--Latent Function--Latent Function

The Criminal Justice The Criminal Justice ResponseResponseThe Nature of CrimeThe Nature of Crime

--Aspects of Crime--Aspects of Crime

--Thinking vs. Acting--Thinking vs. Acting--Mala in se / Mala --Mala in se / Mala

prohibitaprohibita

Distinguishing Offenses from Distinguishing Offenses from Criminal BehaviorsCriminal Behaviors

--Alcohol Consumption --Alcohol Consumption

Crime as a Social ProblemCrime as a Social Problem

Why is Crime Bad?Why is Crime Bad?HarmHarmCostsCosts

The Social Distortion of CrimeThe Social Distortion of CrimeJames Q. Wilson’s Crime as Box James Q. Wilson’s Crime as Box ScoresScores

Why is Crime Bad?Why is Crime Bad?HarmHarmCostsCosts

The Social Distortion of CrimeThe Social Distortion of CrimeJames Q. Wilson’s Crime as Box James Q. Wilson’s Crime as Box ScoresScores

Our Role in the Crime ProblemOur Role in the Crime Problem

I. Create Opportunities for CrimeI. Create Opportunities for CrimeA) Looking for DealsA) Looking for DealsB) Demand for Illegal G/SB) Demand for Illegal G/SC) Lack of AwarenessC) Lack of Awareness

1. FBI study of Auto Theft1. FBI study of Auto Theft2. Big Bushes2. Big Bushes

3. Credit Cards3. Credit Cards4. Central Park Jogger4. Central Park Jogger

II. Unable/Unwilling to Control/Contain II. Unable/Unwilling to Control/Contain CrimeCrime

A) Lack of ReportingA) Lack of ReportingB) Our own involvement as B) Our own involvement as

OffendersOffenders1. 40% Burglaries1. 40% Burglaries

2. Large % of Homicides2. Large % of Homicides3. Rapes3. Rapes

C. Build More PrisonsC. Build More Prisons1. Taxes1. Taxes2. NIMBYISM2. NIMBYISM

Causes of Crime in American Causes of Crime in American SocietySociety

2. Homicide: Strong relationship 2. Homicide: Strong relationship between the victim and offender.between the victim and offender. 78% of victims knew their 78% of victims knew their assailant. assailant. 3. Rapes- Four times as likely to be 3. Rapes- Four times as likely to be raped by someone you know raped by someone you know compared to a stranger. 7 in 10 compared to a stranger. 7 in 10 rapes done by acquaintance. rapes done by acquaintance. Group at highest risk?...Group at highest risk?...

C. Build More Prisons: DOJ/OJP/BJSC. Build More Prisons: DOJ/OJP/BJS 1,668 state, federal and privately 1,668 state, federal and privately

owned facilities in 2000, 204 more owned facilities in 2000, 204 more than 1995, increase of 14%, 20% were than 1995, increase of 14%, 20% were max security; 50% minimum; 33% max security; 50% minimum; 33% medium.medium.

1.3 million inmates in state, fed, and 1.3 million inmates in state, fed, and private, up 28% since 1995.private, up 28% since 1995.

State prisons at 101% capacity; State prisons at 101% capacity; Federal: 134%;Federal: 134%;

D. Focus on “Wrong” IssuesD. Focus on “Wrong” Issues1. War on Drugs1. War on Drugs2. More Cops=Less Crime2. More Cops=Less Crime3. Ban Guns=Less Crime3. Ban Guns=Less Crime

Measuring CrimeMeasuring CrimeA. Uniform Crime ReportsA. Uniform Crime Reports

B. National Crime SurveyB. National Crime SurveyC. Self-Report StudiesC. Self-Report Studies

The Evolution of The Evolution of Criminological TheoryCriminological Theory

The Classical School Not interested in studying Not interested in studying criminals, but on law making criminals, but on law making and legal processingand legal processing

THE CLASSICAL SCHOOLBeccaria and Bentham: Beccaria and Bentham: opposed the arbitrary and opposed the arbitrary and capricious nature of the cjs of capricious nature of the cjs of the time.the time.

Proposed that law and Proposed that law and admin. of justice should be admin. of justice should be based on rationality and based on rationality and human rightshuman rights

THE CLASSICAL SCHOOL Prevailing Ideas were of Prevailing Ideas were of Reform. People attempt to Reform. People attempt to maximize pleasure and avoid maximize pleasure and avoid pain.pain.

This became the basis for This became the basis for deterrence.deterrence.

The Evolution of The Evolution of Criminological TheoryCriminological TheoryTHE CLASSICAL SCHOOL

Did not give us theories of Did not give us theories of criminal behavior: crime and criminal behavior: crime and law was its focus.law was its focus.

Law was to protect society Law was to protect society by deterring criminal by deterring criminal behavior. behavior.

THE CLASSICAL SCHOOL Role of Role of punishment=deterrence.punishment=deterrence.Two forms: specific and Two forms: specific and generalgeneralCertainty, Celerity, SeverityCertainty, Celerity, SeverityOpposed to Capital Opposed to Capital Punishment: subverted the Punishment: subverted the law.law.

THE POSITIVE SCHOOLTHE POSITIVE SCHOOLBasic focus: criminal Basic focus: criminal behavior, prevention of crime behavior, prevention of crime through rx and rehab. How? through rx and rehab. How? Scientific method. Scientific method.

THE POSITIVE SCHOOLTHE POSITIVE SCHOOLMost crim texts: Most crim texts: positivism=3 Italian writers positivism=3 Italian writers (Lombroso, Ferri, Garafalo) (Lombroso, Ferri, Garafalo) But…But…Positivism is an all Positivism is an all encompassing scientific encompassing scientific perspectiveperspective

THE POSITIVE SCHOOLTHE POSITIVE SCHOOLSocial and Intellectual Social and Intellectual Context: Positivism as Context: Positivism as Enlightenment in 18Enlightenment in 18th th century centuryDiscoveries in 19Discoveries in 19thth and 20 and 20thth centuries made application of centuries made application of science relevant to everyday science relevant to everyday life.life.

THE POSITIVE SCHOOLTHE POSITIVE SCHOOLLombroso: Data represented Lombroso: Data represented use of experimental methods. use of experimental methods. Results: criminals are born, Results: criminals are born, and have atavisms, and an and have atavisms, and an absence of morality.absence of morality.Typology of CriminalsTypology of Criminals

THE CHICAGO SCHOOLTHE CHICAGO SCHOOL

Sociologists used scientific Sociologists used scientific study of social problems to study of social problems to gain scientific credibility.gain scientific credibility.Official Data: Statistical Official Data: Statistical MappingMapping

THE CHICAGO SCHOOLTHE CHICAGO SCHOOL

Good examples of using Good examples of using theory as a tool to diagnose theory as a tool to diagnose and solve problems in the and solve problems in the growing and changing city. growing and changing city. Life History Approach: Life History Approach: EthnographyEthnography

DIFFERENTIAL DIFFERENTIAL ASSOCIATIONASSOCIATION

1920s-30s: crime result of 1920s-30s: crime result of indiv. Biological or mental indiv. Biological or mental defects.defects.Edwin Sutherland rejects this Edwin Sutherland rejects this thinking.thinking.Uniform Crime Reports and Uniform Crime Reports and Ecological dataEcological data

Great Depression and impact Great Depression and impact on crime.on crime.

Prohibition and Prohibition and Criminalization of drug use. Criminalization of drug use.

Impact of Chicago School on Impact of Chicago School on SutherlandSutherlandThree theories: ecological, Three theories: ecological, symbolic interactionism and symbolic interactionism and culture conflict theory. culture conflict theory.

Differential AssociationDifferential Association3 trends in DA:3 trends in DA:1950s subcultural theory; 1950s subcultural theory; 1960s Donald Cressey and 1960s Donald Cressey and role theory/vocab of motives; role theory/vocab of motives; mid to late 1960s, mid to late 1960s, psychologically based psychologically based processes of learningprocesses of learning

ANOMIE/STRAIN THEORY ANOMIE/STRAIN THEORY Merton’s version of anomie Merton’s version of anomie in 1938.in 1938.Like Sutherland: crime not Like Sutherland: crime not intrinsic part of the person. intrinsic part of the person.

ANOMIE/STRAIN THEORY ANOMIE/STRAIN THEORY Great Depression, New Deal Great Depression, New Deal reform efforts, demographic reform efforts, demographic data collection.data collection.Social Class as a factor in Social Class as a factor in deviancedeviance

ANOMIE/STRAIN THEORY ANOMIE/STRAIN THEORY Anomie theory is a theory of Anomie theory is a theory of deviance, it does not focus on deviance, it does not focus on criminality.criminality.It is also a positivist theory: It is also a positivist theory: locating pathology within the locating pathology within the social structure of society.social structure of society.

SUBCULTURE THEORY SUBCULTURE THEORY Crim theories in the 1950s Crim theories in the 1950s and early 1960s focused on and early 1960s focused on delinquency.delinquency.Many theorists tried to Many theorists tried to explain the most common explain the most common form of delinquency: gangs. form of delinquency: gangs. Why?Why?

SUBCULTURE THEORY SUBCULTURE THEORY 1950s a time of prosperity 1950s a time of prosperity and consumerism. Middle and consumerism. Middle Class is norm. At same time, Class is norm. At same time, many cities deteriorated. We many cities deteriorated. We felt those in the inner city felt those in the inner city deserved to be there. Delinq. deserved to be there. Delinq. was a lower class phenom. was a lower class phenom.

SUBCULTURE THEORY SUBCULTURE THEORY Albert Cohen; Richard Albert Cohen; Richard Cloward and Lloyd Ohlin’s Cloward and Lloyd Ohlin’s theories: combined Chicago theories: combined Chicago School and Merton’s theories.School and Merton’s theories.

LABELING THEORYLABELING THEORY Early 1960s, new approach. Early 1960s, new approach. We have paid too much We have paid too much attention to the deviant and attention to the deviant and not on the ways people could not on the ways people could react to it. react to it. Labeling came close to Labeling came close to Classical School.Classical School.

LABELING THEORYLABELING THEORY

Focus on Labelers rather Focus on Labelers rather than those labeled.than those labeled.

The Criminal LawThe Criminal Law

Nature of Criminal LawNature of Criminal LawSources of Criminal LawSources of Criminal Law

U.S. ConstitutionU.S. ConstitutionStatutesStatutes

Court Decisions: Stare Court Decisions: Stare DecisisDecisis

Administrative Administrative RegulationsRegulations

Nature of Criminal LawNature of Criminal LawMens ReaMens ReaActus ReusActus ReusAttendant CircumstancesAttendant Circumstances

Defenses to Criminal ChargesDefenses to Criminal ChargesMental IllnessMental IllnessInvolving ForceInvolving Force

Justification or ExcuseJustification or Excuse

Mental Illness: Insanity RulesMental Illness: Insanity RulesM’Naghten RuleM’Naghten RuleIrresistible ImpulseIrresistible ImpulseDurham RuleDurham RuleSubstantial Capacity TestSubstantial Capacity Test

ForceForce

Self-Defense: Battered Self-Defense: Battered Women’s SyndromeWomen’s Syndrome

Of OthersOf OthersDefense of PropertyDefense of Property

DuressDuressNecessityNecessityMistake of FactMistake of FactIgnorance of LawIgnorance of LawEntrapmentEntrapment

The Criminal Justice The Criminal Justice ProcessProcess

New York’s Drop in Crime during New York’s Drop in Crime during 1990s1990sOrigins of the CJSOrigins of the CJS

Justice in the Colonial PeriodJustice in the Colonial PeriodEvolution of Due ProcessEvolution of Due Process

Agencies of the CJSAgencies of the CJSPolicePolice

Agencies of the CJSAgencies of the CJSCourts: limited, general Courts: limited, general

and appellate jurisdictionand appellate jurisdictionCorrectionsCorrections

Criminal ProcedureCriminal ProcedureArrestArrestProcessing/BookingProcessing/Booking

Criminal ProcedureCriminal ProcedureInitial Appearance: BailInitial Appearance: BailProbable Cause HearingProbable Cause HearingGrand Jury: Indictment or Grand Jury: Indictment or

InformationInformationAdjudicationAdjudicationSentencing Sentencing AppealsAppeals

Criminal ProcedureCriminal ProcedureInitial Appearance: BailInitial Appearance: BailProbable Cause HearingProbable Cause HearingGrand Jury: Indictment or Grand Jury: Indictment or

InformationInformationAdjudicationAdjudicationSentencing Sentencing AppealsAppeals

INTRO TO CRIMINAL JUSTICE Since the 1960s, Public Concerns about crime have increased. --1964...

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