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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

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INTRO TO CRIMINAL JUSTICE

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  1. 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

  2. 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

  3. INTRO TO CRIMINAL JUSTICE Is Crime Normal? Durkheim’s Rules of the Sociological Method --Innovative Function --Tension Reduction Function --Latent Function

  4. INTRO TO CRIMINAL JUSTICE The Criminal Justice Response The Nature of Crime --Aspects of Crime --Thinking vs. Acting --Mala in se / Mala prohibita

  5. INTRO TO CRIMINAL JUSTICE Distinguishing Offenses from Criminal Behaviors --Alcohol Consumption

  6. Crime as a Social Problem • Why is Crime Bad? Harm Costs • The Social Distortion of CrimeJames Q. Wilson’s Crime as Box Scores

  7. Crime as a Social Problem • Why is Crime Bad? Harm Costs • The Social Distortion of CrimeJames Q. Wilson’s Crime as Box Scores

  8. 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

  9. 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

  10. Crime as a Social Problem 2. Large % of Homicides 3. Rapes C. Build More Prisons 1. Taxes 2. NIMBYISM

  11. 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?...

  12. 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%;

  13. Crime as a Social Problem D. Focus on “Wrong” Issues 1. War on Drugs 2. More Cops=Less Crime 3. Ban Guns=Less Crime

  14. Causes of Crime in American Society Measuring Crime A. Uniform Crime ReportsB. National Crime SurveyC. Self-Report Studies

  15. The Evolution of Criminological Theory The Classical School Not interested in studying criminals, but on law making and legal processing

  16. 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

  17. 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.

  18. 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.

  19. 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.

  20. The Evolution of Criminological Theory THE POSITIVE SCHOOL Basic focus: criminal behavior, prevention of crime through rx and rehab. How? Scientific method.

  21. 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

  22. 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.

  23. 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

  24. The Evolution of Criminological Theory THE CHICAGO SCHOOL Sociologists used scientific study of social problems to gain scientific credibility. Official Data: Statistical Mapping

  25. 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

  26. 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

  27. The Evolution of Criminological Theory DIFFERENTIAL ASSOCIATION Great Depression and impact on crime. Prohibition and Criminalization of drug use.

  28. The Evolution of Criminological Theory DIFFERENTIAL ASSOCIATION Impact of Chicago School on Sutherland Three theories: ecological, symbolic interactionism and culture conflict theory.

  29. 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

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

  31. The Evolution of Criminological Theory ANOMIE/STRAIN THEORY Great Depression, New Deal reform efforts, demographic data collection. Social Class as a factor in deviance

  32. 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.

  33. 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?

  34. 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.

  35. The Evolution of Criminological Theory SUBCULTURE THEORY Albert Cohen; Richard Cloward and Lloyd Ohlin’s theories: combined Chicago School and Merton’s theories.

  36. 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.

  37. The Evolution of Criminological Theory LABELING THEORY Focus on Labelers rather than those labeled.

  38. The Criminal Law Nature of Criminal Law Sources of Criminal Law U.S. Constitution Statutes Court Decisions: Stare Decisis Administrative Regulations

  39. The Criminal Law Nature of Criminal Law Mens Rea Actus Reus Attendant Circumstances Defenses to Criminal Charges Mental Illness Involving Force Justification or Excuse

  40. The Criminal Law Mental Illness: Insanity Rules M’Naghten Rule Irresistible Impulse Durham Rule Substantial Capacity Test

  41. The Criminal Law Force Self-Defense: Battered Women’s Syndrome Of Others Defense of Property

  42. The Criminal Law Duress Necessity Mistake of Fact Ignorance of Law Entrapment

  43. 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

  44. The Criminal Justice Process Agencies of the CJS Courts: limited, general and appellate jurisdiction Corrections Criminal Procedure Arrest Processing/Booking

  45. The Criminal Justice Process Criminal Procedure Initial Appearance: Bail Probable Cause Hearing Grand Jury: Indictment or Information Adjudication Sentencing Appeals

  46. The Criminal Justice Process Criminal Procedure Initial Appearance: Bail Probable Cause Hearing Grand Jury: Indictment or Information Adjudication Sentencing Appeals

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