Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
60 Cards in this Set
- Front
- Back
|
Crime Control Model
|
reducing crime is the most important function of law enforcement, fast, efficient process; reduce obstacles for prosecution (presumption of guilt once the suspect is in the system. (Criminals are the enemy and different from the “good” people, police are in a “war” with the “enemy”, police are expert and only they “know the enemy” therefore we must trust them, due process protections “hamstring” the police from doing their job
|
|
|
Due Process Model
|
most important function of law enforcement is in a fair and just manner (it is better to let 110 guilty men go free than punish one innocent): possibility of error in system, prevention of mistakes is more important than efficiency, Protection of the process is as important a the protection of innocents, every due process protection is there for a reason and should be strictly adhered to. Criminals are not a distinct group (they shop, pay taxes, etc.), police have limited effect on crime rates because crime is a complex social phenomenon and law enforcement was created in order to maintain crime, “innocent until proven guilty”, due process protections (Miranda rights, exclusionary rule, search warrants)
|
|
|
Classical Theory
|
contributors are Cesare Beccaria and Jeremy Bentham. Assumption that the elimination of crime could be achieved by the threat of punishment for offenses (deterrent to crime). Punishment that is swift, certain, and severe enough is the most effective.
|
|
|
Positivism Theory
|
Cesare Lomobroso coined “positivism” or search for causes using scientific method. Believe some were born criminals with genetic defects that made them commit crime.
|
|
|
Biological Theory
|
Factors include inherited genetic traits or biological not genetic (brain tumor that puts pressure on violent center of brain is biological, but tumors are not inherited). Biological criminologists argue there are some inherited characteristics that predispose individuals to criminal choices. Problem differentiating from genetic and socialization influences.
|
|
|
Psychological Theory
|
categorized by psychoanalytic theories, developmental theories, and learning theories.
|
|
|
Psychoanalytic theory
|
one does not develop in a normal manner when childhood trauma occurs or there is deficient parenting. Utilized when a criminal commits a very unusual or extreme act
|
|
|
Sociopathy
|
person whose unsocialized characteristics is due primarily to parental failures rather than inherent peculiarities
|
|
|
Developmental Theories
|
all individuals progress through similar stages of understanding and maturity regarding the world around them. Those who engage in criminal activity have become “stuck” at lower stages of development, meaning they are immature in response to the world or interactions with others around them (Piaget and Kohlberg)
|
|
|
Learning theory
|
People act and believe a certain a because they have learned to do so. Modeling stems from the desire to be like others (children will act the way they see their parents act). Reinforcement states one will continue behavior and beliefs for which one I rewarded for and eliminate those for which one is punished. (Bandura)
|
|
|
Economic Theory
|
Those who are living in poverty are more likely to commit a crime
|
|
|
Sociological Theory
|
level of control society has over you is going to predict your propensity to commit a crime. Societal factors that influence criminality may come from the social structure (i.e., elements of society that induce criminality) or the social process (influences between the individual and society that influence criminal choice). Rejects idea of the criminal as different. (Quetelet and Durkheim)
|
|
|
Merton’s Theory of Anomie
|
When there is a disjunction between cultural structure and social structure. Creates a state of normlessness
|
|
|
Differential Association
|
1.People are the same
2.People learn the same way 3.Criminal behavior is learned 4.Occurs in small groups Sutherland |
|
|
Cultural Deviance Theory
|
identifies cultures that clash when individuals migrate to a new culture (immigrants from India sell daughter into marriage; this is a crime in the US).
|
|
|
Subcultural theory
|
looks at subcultures with different values within a dominant culture (Gangs, etc.)
|
|
|
Social Learning Theory
|
-How is criminal behavior learned?
-B.F. Skinner Behavior is learned through its consequences Behavior is learned through positive and negative reinforcement -Learned in small groups (Akers) |
|
|
Neo-Classical
|
-Rational Choice
-Routine Activity |
|
|
Strain or opportunity theory
|
suggest those who live in areas with little hope of economic success are more likely to commit a crime.
|
|
|
Social support theory
|
identify element of society that provide emotional and practical support to the individual and proposes that the more support in a community, the less crime.
|
|
|
Social disorganization theory
|
suggests a similar assumption, arguing communities that are disorganized and lack cohesion are more likely to experience crime.
|
|
|
Social process theory
|
focuses on interaction with the world around an individual. Criminals learn like everyone else. Learning experience happens in small groups in our society (family, friends).
|
|
|
Routine Activities Theory
|
accessible and attractive targets, motivated offenders, lack of guardianship
|
|
|
Social control theory
|
Hirschi stated that the criminal is one who is not controlled by bonds of society-specifically attachment (relationships) commitment (dedication to legitimate work and leisure activities), involved (time engaged in such activities), and belief (agreement and acceptance of goals and rules of society). The more strictly you follow these rules, the less likely you are to commit a crime. People who are attached to friends and family are less likely to commit a crime. People in a relationhip are less likely, people committed to school are less likely, people involved in their community are less likely, and people who accept society are less likely.
(Hirschi) |
|
|
Integrated theory
|
combines elements of psychological theories and sociological theories in a more comprehensive approach to explaining criminal choices.
|
|
|
Functions of Theory in Crime Policy
|
theory identifies predisposing factors that increase the likelihood of criminality, interactions among these factors, and causal processes
|
|
|
Civil Law
|
Private Wrong
Aggrieved Initiated Process Emphasis on Blame |
|
|
Criminal Law
|
Public Wrong
State Initiated Process Emphasis on Intent |
|
|
Substantive Law
|
“law in the books”.Code law origin (written law) , established by legislature. Sanctions are explicit. If you commit crime A, you will have B punishment.
|
|
|
Procedural Law
|
“Law on the Streets”. Common law origin. Established by Judicial review process and sanctions may vary. Ex. you kill a man (law states killing someone is illegal), however, it was in self-defense so you are found innocent.
|
|
|
Felonies
|
serious crime for which the offender can be sentenced to one year or more in prison.
|
|
|
Misdemeanors
|
less serious crime for which the offender can be sentenced to less than one year in jail.
|
|
|
Violations and status crime
|
include crimes such as a traffic violation.
|
|
|
Actus Reus
|
states each crime, defined in a criminal code, must include a specific prohibited act. Law does not punish criminals for thoughts. Each crime’s definition must include a physical act or a failure to act (failure to register for the draft).
|
|
|
Mens Rea
|
intent to commit specific act. You must have acted purposely (actor intends act and result), knowingly ( actor is aware of the nature of his conduct), recklessly (actor knows, but consciously disregards, an unjustifiable risk, or negligently (actor is unaware, but should have been aware of, unjustifiable risk).
|
|
|
Nexus of Actus Reus and Mens Rea
|
the act and the intent must coterminously exist in time and space
|
|
|
4th amendment
|
search and seizure
requires probable cause specific location or object |
|
|
5th amendment
|
established indictment by grand jury for murder and other serious crimes
no double jeopardy no self incrimination due process |
|
|
6th amendment
|
speedy and public trial, by impartial jury
informed of the nature and cause of accusation witness must be present established subpoena right to lawyer |
|
|
8th amendment
|
no excessive bail required
no excessive fines no cruel or unusual punishments |
|
|
14th amendment
|
extended due process to the states
established citizenship |
|
|
Due Process
|
Guarantees:
-Notice of charges -The right to counsel -Opportunity to respond to the charge -Opportunity to confront accusers and witnesses -The right against self incrimination -A verdict based on substantial evidence -A written statement of the reasons for the decision -An appellate review of procedure |
|
|
1st era of Policing
|
Political
extremely corrupted connected to political bosses and highly politicized more bodyguards than cops Unreliable and unprofessional |
|
|
2nd era of Policing
|
Reform
trying to remove them from politics and make them civil servants military command structure first time using beats Civil service mandates Efficiency stressed |
|
|
3rd era of Policing
|
Professional 1945-1970
becomes more professional and more recognized becomes bureaucracy using standards Move to incorporate technology Performance measures and accountability |
|
|
4th era of Policing
|
community
pervious era became very removed from community going back to the idea of beat cops integrated into community services (like D.A.R.E.) Philosophical shift in police role Establishing ties with the community Integration of city services with the police service |
|
|
5th era of Policing
|
9/11 era
focus on threats before they actually come a reality more jurisdictional collaboration. more collaboration local, state and federal cooperation “Intelligence Lead Policing” Focus on terrorist threats Increasing ties and intelligence in potentially radicalized communities |
|
|
The Wickersham Commission
|
President Hoover, 1929 (published in 1931)
reported that 18th amendment was not enforced and recommended much stricter and aggressive enforcement |
|
|
Events that shaped the study of the police in the US
|
-WWII , resulting US prosperity and urban migration
-The increase in criminal activity, both street and organized -The decisions of the “liberal” Warren Court -The Urban riots and middle class protests (1960s) -Media coverage of police excessive use of force e.g., MOVE in Philadelphia (1985), Rodney King in LA (1991), Abner Louima (1997) and Amadou Diallo in NYC (1999) |
|
|
Trends in Justice Employment
|
-Gone up exponentially in the last 30 years
|
|
|
Private Police
|
-Gone up exponentially and outnumber Public police by alot
-No police powers |
|
|
Watchman Style
|
Order Maintenance
-characterized by infrequent exchanges with the public. -This department has less frequent interchanges with the public and makes distinctions between groups or types of individuals. -Citizens who are deemed non threatening will be given a “pass” when cause doing something minor (like DUI or Juvenile Offenses), but for those who are outsiders or identified as trouble makers formal processing will be utilized |
|
|
Law Enforcement Style
|
Letter of law
-describes a department with frequent, but formal exchanges with the public. This is a “by the book” type of department that has a strong emphasis on rules and proper procedures. Police officers are not encouraged to use discretion in decision making. Relationship with the community are formal and legalistic. This type might be found in cities and larger towns. |
|
|
Service Style
|
more discretion and helping community
describes a department with frequent, but formal, exchanges with the public. Police officers are encouraged to use informal means of conflict resolution when appropriate and have stronger ties with community. This model is common in small towns and suburban area. |
|
|
Indigent Defense
|
when counsel given to defendant for free
|
|
|
public defenders
|
Defense attorneys are full-time employees of defense attorney office. More common in in urban areas.
|
|
|
assign counsel
|
Trial court judge holds a list of attorneys approved to be appointed. Volunteer basis and found in more rural or suburban areas.
|
|
|
contract system
|
similar to assign counsel, except only 1 or 2 attorneys take all indigent cases. Usually much smaller jurisdiction.
|
|
|
Prosecutor's information
|
-a presentation of the prosecutor’s case before a magistrate
-witnesses can be called and cross-examine -magistrate determines if suspect is bound over for felony trial |
|
|
Grand Jury
|
-an investigative body run by the prosecutor
-prosecutor may bring witnesses to question or just describe the evidence in the case -composed of citizens -odd number, usually 23 -sit for a specified term -jury determine by vote if a “true bill” or “no bill” is rendered (if jury decides there is probable cause, they return an indictment, if not probable cause, they will “no bill” (no indictment) -simple majority |
