Transcript intro to criminal justice

INTRO TO CRIMINAL JUSTICE
Since the 1960s, Public Concerns
about crime have increased.
--1964 Presidential Election
--Johnson Commission on LE
and Administration of Justice
--Joe Valachi’s Testimony
INTRO TO CRIMINAL JUSTICE
Crime Victimization vs. Other Life
Events
Effects of Fear of Crime
Is Crime Normal? Durkheim’s Rules of
the Sociological Method
--Boundary Setting
--Group Solidarity Function
INTRO TO CRIMINAL JUSTICE
Is Crime Normal? Durkheim’s
Rules of the Sociological Method
--Innovative Function
--Tension Reduction Function
--Latent Function
INTRO TO CRIMINAL JUSTICE
The Criminal Justice Response
The Nature of Crime
--Aspects of Crime
--Thinking vs. Acting
--Mala in se / Mala prohibita
INTRO TO CRIMINAL JUSTICE
Distinguishing Offenses from
Criminal Behaviors
--Alcohol Consumption
Crime as a Social Problem
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Why is Crime Bad?
Harm
Costs
The Social Distortion of Crime
James Q. Wilson’s Crime as Box Scores
Crime as a Social Problem
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Why is Crime Bad?
Harm
Costs
The Social Distortion of Crime
James Q. Wilson’s Crime as Box Scores
Crime as a Social Problem
Our Role in the Crime Problem
I. Create Opportunities for Crime
A) Looking for Deals
B) Demand for Illegal G/S
C) Lack of Awareness
1. FBI study of Auto Theft
2. Big Bushes
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Crime as a Social Problem
3. Credit Cards
4. Central Park Jogger
II. Unable/Unwilling to Control/Contain
Crime
A) Lack of Reporting
B) Our own involvement as Offenders
1. 40% Burglaries
Crime as a Social Problem
2. Large % of Homicides
3. Rapes
C. Build More Prisons
1. Taxes
2. NIMBYISM
Causes of Crime in American
Society
2. Homicide: Strong
relationship between the victim and
offender.
78% of victims knew their assailant.
3. Rapes- Four times as likely
to be raped by someone you know
compared to a stranger. 7 in 10 rapes
done by acquaintance.
Group at highest risk?...
Causes of Crime in American
Society
C. Build More Prisons: DOJ/OJP/BJS
 1,668 state, federal and privately owned
facilities in 2000, 204 more than 1995,
increase of 14%, 20% were max security;
50% minimum; 33% medium.
 1.3 million inmates in state, fed, and
private, up 28% since 1995.

State prisons at 101% capacity; Federal:
134%;
Crime as a Social Problem
D. Focus on “Wrong” Issues
1. War on Drugs
2. More Cops=Less Crime
3. Ban Guns=Less Crime
Causes of Crime in American
Society
Measuring Crime
A. Uniform Crime Reports
B. National Crime Survey
C. Self-Report Studies
The Evolution of
Criminological Theory
The Classical School
 Not interested in studying
criminals, but on law making and
legal processing
The Evolution of
Criminological Theory
THE CLASSICAL SCHOOL
Beccaria and Bentham: opposed
the arbitrary and capricious nature
of the cjs of the time.
Proposed
that law and admin. of
justice should be based on
rationality and human rights
The Evolution of
Criminological Theory
THE CLASSICAL SCHOOL
Prevailing Ideas were of Reform.
People attempt to maximize
pleasure and avoid pain.
This
became the basis for
deterrence.
The Evolution of
Criminological Theory
THE CLASSICAL SCHOOL
Did not give us theories of
criminal behavior: crime and law
was its focus.
Law
was to protect society by
deterring criminal behavior.
The Evolution of
Criminological Theory
THE CLASSICAL SCHOOL
Role of punishment=deterrence.
Two forms: specific and general
Certainty, Celerity, Severity
Opposed to Capital Punishment:
subverted the law.
The Evolution of
Criminological Theory
THE POSITIVE SCHOOL
Basic focus: criminal behavior,
prevention of crime through rx
and rehab. How? Scientific
method.
The Evolution of
Criminological Theory
THE POSITIVE SCHOOL
Most crim texts: positivism=3
Italian writers (Lombroso, Ferri,
Garafalo) But…
Positivism is an all encompassing
scientific perspective
The Evolution of
Criminological Theory
THE POSITIVE SCHOOL
Social and Intellectual Context:
Positivism as Enlightenment in
18th century
Discoveries in 19th and 20th
centuries made application of
science relevant to everyday life.
The Evolution of
Criminological Theory
THE POSITIVE SCHOOL
Lombroso: Data represented use
of experimental methods. Results:
criminals are born, and have
atavisms, and an absence of
morality.
Typology of Criminals
The Evolution of
Criminological Theory
THE CHICAGO SCHOOL
Sociologists
used scientific study
of social problems to gain
scientific credibility.
Official Data: Statistical Mapping
The Evolution of
Criminological Theory
THE CHICAGO SCHOOL
Good
examples of using theory
as a tool to diagnose and solve
problems in the growing and
changing city.
Life History Approach:
Ethnography
The Evolution of
Criminological Theory
DIFFERENTIAL ASSOCIATION
1920s-30s: crime result of indiv.
Biological or mental defects.
Edwin Sutherland rejects this
thinking.
Uniform Crime Reports and
Ecological data
The Evolution of
Criminological Theory
DIFFERENTIAL ASSOCIATION
Great
crime.
Depression and impact on
Prohibition
drug use.
and Criminalization of
The Evolution of
Criminological Theory
DIFFERENTIAL ASSOCIATION
Impact
of Chicago School on
Sutherland
Three theories: ecological,
symbolic interactionism and
culture conflict theory.
The Evolution of
Criminological Theory
Differential Association
3 trends in DA:
1950s subcultural theory; 1960s
Donald Cressey and role
theory/vocab of motives; mid to
late 1960s, psychologically based
processes of learning
The Evolution of
Criminological Theory
ANOMIE/STRAIN THEORY
Merton’s version of anomie in
1938.
Like Sutherland: crime not
intrinsic part of the person.
The Evolution of
Criminological Theory
ANOMIE/STRAIN THEORY
Great Depression, New Deal
reform efforts, demographic data
collection.
Social Class as a factor in
deviance
The Evolution of
Criminological Theory
ANOMIE/STRAIN THEORY
Anomie theory is a theory of
deviance, it does not focus on
criminality.
It is also a positivist theory:
locating pathology within the
social structure of society.
The Evolution of
Criminological Theory
SUBCULTURE THEORY
Crim theories in the 1950s and
early 1960s focused on
delinquency.
Many theorists tried to explain
the most common form of
delinquency: gangs. Why?
The Evolution of
Criminological Theory
SUBCULTURE THEORY
1950s a time of prosperity and
consumerism. Middle Class is
norm. At same time, many cities
deteriorated. We felt those in the
inner city deserved to be there.
Delinq. was a lower class phenom.
The Evolution of
Criminological Theory
SUBCULTURE THEORY
Albert Cohen; Richard Cloward
and Lloyd Ohlin’s theories:
combined Chicago School and
Merton’s theories.
The Evolution of
Criminological Theory
LABELING THEORY
Early 1960s, new approach. We
have paid too much attention to
the deviant and not on the ways
people could react to it.
Labeling came close to Classical
School.
The Evolution of
Criminological Theory
LABELING THEORY
Focus
on Labelers rather than
those labeled.
The Criminal Law
Nature of Criminal Law
Sources of Criminal Law
U.S. Constitution
Statutes
Court Decisions: Stare
Decisis
Administrative Regulations
The Criminal Law
Nature of Criminal Law
Mens Rea
Actus Reus
Attendant Circumstances
Defenses to Criminal Charges
Mental Illness
Involving Force
Justification or Excuse
The Criminal Law
Mental Illness: Insanity Rules
M’Naghten Rule
Irresistible Impulse
Durham Rule
Substantial Capacity Test
The Criminal Law
Force
Self-Defense: Battered
Women’s Syndrome
Of Others
Defense of Property
The Criminal Law
Duress
Necessity
Mistake of Fact
Ignorance of Law
Entrapment
The Criminal Justice
Process
New York’s Drop in Crime during
1990s
Origins of the CJS
Justice in the Colonial Period
Evolution of Due Process
Agencies of the CJS
Police
The Criminal Justice
Process
Agencies of the CJS
Courts: limited, general and
appellate jurisdiction
Corrections
Criminal Procedure
Arrest
Processing/Booking
The Criminal Justice
Process
Criminal Procedure
Initial Appearance: Bail
Probable Cause Hearing
Grand Jury: Indictment or
Information
Adjudication
Sentencing
Appeals
The Criminal Justice
Process
Criminal Procedure
Initial Appearance: Bail
Probable Cause Hearing
Grand Jury: Indictment or
Information
Adjudication
Sentencing
Appeals