Chapter 1 Criminal Justice Today Mr Gollihue

Chapter 1 Criminal Justice Today Mr. Gollihue

Ten Most Dangerous U. S. Cities https: //www. youtube. com/watch? v =ddjnte. Fh. CFw

What is Crime? The Conflict and Consensus Models (How is crime determined? ) Consensus Model: n Assumes that as people gather together to form a society, its members will naturally come to a basic agreement with regard to shared norms and values n Those individuals whose actions deviate from the established norms and values are considered to pose a threat to society and must be punished l Conflict Model: n Politically powerful groups influence the content of criminal law n Harsh penalties are sometimes enforced on the poor or disadvantaged while the powerful are given lighter sentences 5 g = 500 g

What is Crime? An Integrated Definition of Crime is an action or activity that is: n Punishable under the criminal law as determined by the majority of society or, in some cases, a powerful minority n Considered an offense against society as a whole and prosecuted by public officials, not by victims and their relatives or friends n Punishable by statutorily determined sanctions that bring about the loss of freedom or life (example: Robbery 1 st Degree)

What is Crime? l Deviance n Deviance is behavior that is considered to go against the norms established by society n Deviance is a subject concept; some segments of society may think that smoking marijuana or killing animals for clothing and food is deviant behavior n Deviant acts become crimes only when a majority is willing to accept that those acts should be punished n Not all crimes are considered deviant

What is Crime? Types of Crime For general purposes, criminal behavior can be grouped into six categories: n Violent Crime (e. g. , murder, sexual assault, robbery) n Property Crime (e. g. , burglary, motor vehicle theft) n Public Order Crime (e. g. , public drunkenness, gambling) n High-Tech Crime n Organized Crime n White-Collar Crime (e. g. , embezzlement, bribery)

Kentucky Revised Statutes KRS 508. 030 Assault in the fourth degree (1) A person is guilty of assault in the fourth degree when: (a) He intentionally or wantonly causes physical injury to another person; or (b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the fourth degree is a Class A misdemeanor.

KRS 508. 020 Assault in the second degree (1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the second degree is a Class C felony.

KRS 508. 010 Assault in the first degree (1) A person is guilty of assault in the first degree when: (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or (b) Under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person. (2) Assault in the first degree is a Class B felony.

What is Crime? : Figure 1. 1 White-Collar Crime

Criminal Justice System

What is Crime? : Figure 1. 2 Types of Cybercrime

Cybercrime https: //www. youtube. com/watch? v =m 0 ia. Rn 2 Ww. Pw

The Criminal Justice System l Three General Goals of the Criminal Justice System: n To control crime n To prevent crime n To provide and maintain justice

The Criminal Justice System- Federalism Shared Powers *To declare war *to tax *To pass laws *To coin money *to create courts *health *Immigration *education *to create laws For general welfare *police *To sign treaties *To interpret laws *marriage * Voting Powers given to Federal Government Powers reserved to the states

The Criminal Justice System Law Enforcement Local, State, and Federal Law Enforcement Courts Corrections State Incarceration & Federal Probation Community Corrections

The Criminal Justice System: Figure 1. 3 Local, State, and Federal Employees in Our Criminal Justice System

Skit on Due Process…. ”Don’t laugh” https: //www. youtube. com/watch? v =tggyx 1 x. Py. Ww

Criminal Justice System

What is Crime? : Figure 1. 2 Types of Cybercrime Review

Cybercrime

The Criminal Justice System l The Criminal Justice Process n The 1967 President’s Commission on Law Enforcement and Administration of justice asserted that the criminal justice system: l “Is not a hodgepodge of random actions. It is rather a continuum – an orderly progression of events – some of which, like arrest and trial, are highly visible and some of which, through of great importance, occur out of public view” n Herbert Packer compared the idealized criminal justice process to an assembly line: l “…down which moves an endless stream of cases, never stopping, carrying the cases to workers who stand at fixed stations and who perform on each case as it comes by the same small but essential operation that brings it one stop closer to being a finished product, or, to exchange the metaphor for the reality, a closed file…”

The Criminal Justice Process l Discretion n “The ability of individuals in the criminal justice system to make operational decisions based on personal judgment instead of formal rules or official information” n Example: Traffic stop: “Sir, I was speeding because I had to urinate” Lets Practice Discretion

Who has discretion? ? Lets Practice……. .

The Criminal Justice System: Figure 1. 4 Discretion in the Criminal Justice System

The Criminal Justice System l The Wedding Cake n The “wedding cake” model of criminal justice suggests that discretion comes to bear depending on the relative importance of a particular case to the decision makers n The top layer consists of a handful of “celebrity” cases that attract the most attention and publicity n The second layer consists of “high-profile” felonies (e. g. , murder) n The third layer consists of “ordinary” felonies (e. g. , burglary) n The fourth layer consists of misdemeanors (e. g. , petty offenses such as shoplifting and disturbing the peace)

The Criminal Justice System: Figure 1. 5 The Wedding Cake Model

The Criminal Justice System: Figure 1. 5 The Wedding Cake Model I. The Celebrated Cases II. Serious or “high profile felonies” III. Less serious or ordinary felonies IV. Misdemeanors

The Kobe Bryant Case Professional basketball star Kobe Bryant, 24, was charged with a single count of felony sexual assault against a 19 -year-old woman at an exclusive spa where he was staying when he came to Colorado for knee surgery in the summer of 2003. He never went to trial, but the media coverage was enormous.

Kobe Bryant case https: //www. youtube. com/watch? v =6 JNMG-d. EANo

Values of the Criminal Justice System l Crime Control and Due Process n Crime Control Model l A model of criminal justice that assumes freedom is so important that every effort must be made to reduce crime so things like efficiency, speed and finality are emphasized. The system must have a high capacity to catch, convict and dispose of offenders. n Due Process Model l A different model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure the decisions are fair and reliable based on law and formal proceedings

l Issues in Criminal Justice Today Recent Crime Rates n Crime rates fluctuate n Perhaps the most significant trend in criminal justice in the 1990 s was the decline in crime rates n Many reasons are offered for recent decreases in crime, including: l Police strategies targeting “gangs, drugs, and guns” l Aging of the “baby boomer” generation

Issues in Criminal Justice Today l Fear of Crime n Although the United States is a safer place for most citizens than it has been in decades, most Americans feel that crime is a serious problem n The media, particularly through skewed depictions of crime news, distort public perception of crime and create an unsubstantiated fear of victimization n Fear of crime can have a significant effect on public policy, even when the fear is based on faulty assumptions

Group Exercise

3. You are members of the NYC police Department and observe two men near a subway acting suspiciously. As you approach the men, they both take off running. One of the men dropped his backpack as he fled. The opened backpack exposed several magazines titled “Terrorism in the United States”. Both men (who were not caught by police at the time) were of middleeastern descent. The backpack also had a name and address tag affixed to it: Tsarnov Vilovich 187 Park Lane #3 NYC, NY If you were a prosecutor, what actions would you allow the police to do? 4. A man receives a letter in the mail with a return address that is unfamiliar to the receiver of the letter. There is no postage on the letter and it looks as if it has been placed in the mailbox by someone. The letter reads “ The president will die tomorrow”. Police responds to the person who receives the mail then proceeds to the residence of the alleged sender (address of the sender). It is a very nice house in a suburban area of NYC. No one answers the door. It is 10: 45 at night. If you were a judge or prosecutor, what actions would you allow the police to do?

Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V The Fifth Amendment of the U. S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. "

Issues in Criminal Justice Today l Crime and Punishment n The present criminal justice landscape has been greatly influenced by a number of “get tough on crime laws” passed by politicians since the late 1980 s and early 1990 s n The result has been a rising number of inmates in American prisons and jails, a trend that has continued even as crime rates dropped over the last decade n The prison boom forced many states to grant early release to inmates because their budgets cannot accommodate “get tough” public policies n Diverting offenders from correctional facilities that promote rehabilitation rather than punishment is also used to address the prison boom

Issues in Criminal Justice Today l New Directions in Law Enforcement n Law enforcement agencies are looking for new strategies to help them become more efficient at fighting domestic and international crime, particularly in light of recent terrorist activities. The strategies include: l Cooperation l Globalization l Militarization l DNA Profiling

MS-13 Documentary https: //www. youtube. com/watch? v =VVut 4 OEAF 1 I