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Chapter 1

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  • Mala in se: 도덕적으로 비난받을 만한 범죄 . Mala prohibita 의 반대개념 For example) Murder, Mala prohibita: 행위자체로서는 도덕적으로 비난할 것이 아니나 제정법에 의하여 금지된 범죄 For example) drive left or right. Using cell phone
  • Stalking 을 예로 들어보자 .. 만약 stalking 에 관한 법률이 없었다면 정신적인 harm 을 입혔다고 하여 처벌 할 수 없다 . 예전에 hacking 에 대하여… . Illegal download – napster 10 년전에는 불법이 아니었다 .
  • Saggy pants 에 대해 한번 논의해 보자 . 1960-70 년대의 한국의 장발 금지법 현재의 tatoo 금지 – 사회의 consensus 에 의해 설정
  • White collar crime 비교적으로 낮은 sentence
  • Speeding ticket: 경찰관의 discretion Loud music while driving: 30 feet 검사 : case by case 모든 discretion 은 fairness 와 discrimination 의 문제가 올 수 있다 . 또한 personal perception 도 큰 작용을 한다 .
  • O.J. Simpson case 같은 경우… .the celebrated cases 얼마 안되는 극단적이나 public interest 에 의해 media 의 focusing 이 틀려진다 .
  • Three strike out Mandatory sentencing Harsher punishment 1990 년대 초반부터 미국의 범죄율은 감소한다는 발표…처음 몇해 많은 arrest 로 인해 작은 범죄도 incarceration. Public power 가 커진다 .
  • 인권 문제 보다 많은 civil law suit 이 일어날 가능성이 높다 .
  • 얼마나 많은 사람들이 wrongfully accused 되나 ? 2 주전에 TX 에서 86 년에 aggravated kidnapping in the abduction and rape 으로 잡혀간 Ernest Sonnier 가 최근에 당시의 기소가 잘못되었다며 번복… .he was freed on Aug 8 th . Serious problems with Forecsic science

Chapter 1 Chapter 1 Presentation Transcript

  • Criminal Justice System
  • Which behaviors can be considered as violation of the law?1. Chewing gum on the street.2. Wearing the sagging pants3. Singing in the bathtub4. Women go to fishing alone.5. Using sex toys
  • Which behaviors can be considered as violation of the law?1. Chewing gum on the street.In Singapore, it’s illegal. You can get the fine up to S$1,000.2. Wearing the sagging pantsIt’s illegal in several states. Up to $500 fine or jailed 5 years.3. Singing in the bathtubBy the law, it’s illegal in PA.4. Women go to fishing alone.In Montana, it is illegal for married women to go fishing alone onSundays, and illegal for unmarried women to fish alone at all.
  • Which behaviors can be considered as the violation of the law?5. Using Sex toysAll sex toys are banned in GA.Source: Chitwood, Tim. "Toying With Issues". Columbus Ledger-Enquirer. 16 Oct. 2002.Why does this law exist?In 1968 a Fulton-county resident was convicted under this law. Thisis despite the fact that the Fulton-County jury publicly stated that thelaw was "archaic" and noted such gadgets can have therapeuticvalue.
  • What is Crime?Legalistic PerspectiveCrime: Human behaviors against the lawThere is no crime without the law, and there is no punishment without thecrime.Political PerspectiveCrime: Human behaviors against the power groupSociological PerspectiveViolate the ruleDevianceSocial harmHuman rights violationAntisocial behavior which threats the social structure
  • What is Crime?Two perspectives on Crime1. Moving Target PerspectiveCriminal behaviors can be changed depending on time orlocationHomosexuality, drug abuse, infanticide, etc2. Stationary Core PerspectiveMala in se (wrong or evil in itself)Mala prohibita (the prohibited act forbidden by the policy orlaw)
  • Elements of Crime1. Harm2. Legality3. Actus reus4. Mens rea5. Causation6. Concurrence7. Punishment
  • Elements of Crime1. HarmThe behavior along with psychological, physical, and economicalharmThe thinking itself is not the crime.2. LegalityMust be defined by the law3. Actus reus (guilty act)Must violate the law
  • Elements of Crime4. Mens rea (guilty mind)Criminal mindExclude self-defense5. CausationDirectly or indirectly related to the harm6. ConcurrenceActus reus and Mens rea should co-exist.7. PunishmentCriminal behavior should be punished.Punishments include reimbursement, rehabilitation, punishment, andcompensation
  • What is CrimeDefined by the lawCrime is defined by the law in the society.As a wrong against society proclaimed by law, and if committedunder certain circumstances, punishable by society.Some ridiculous laws in our societyLouisiana – Banned the sagging pantsConsensus model vs. Conflict Model
  •  Law reflects the need for order Law results from a consensus on widely shared values in society Basic agreement with shared norm and value Law is an impartial system to protect the public Law provides neutral means of resolving disputesOrigins of Criminal Law: Consensus View
  • Not an absolute definitionPolitically powerful groups influence the content of criminal law“Mala prohibita” offenses are prohibited by government but not wrongin themselvesHarsh penalties are sometimes enforced on the poor ordisadvantaged while the powerful are given lighter sentencesOrigins of Criminal Law: Conflict View
  • An action or activity that isPunishable under the criminal law as determined by the majorityof society or, in some cases, a powerful minorityConsidered an offense against society as a whole, andprosecuted by public officials not victimsPunishable by statutorily determined sanctions that bring aboutthe loss of freedomAn Integrated Definition of Crime
  • Violent CrimeProperty CrimePublic Order CrimeHigh-Tech CrimeOrganized CrimeWhite-Collar CrimeTypes of Crime
  • Index crime defined by FBIMurder, Forcible rape, robbery, aggravated assaultsBurglary, theft, theft of motor vehicle, arsonCrime against personsMurder, or unlawful killing of a human beingSexual assault or rapeAssault and BatteryRobberyMajor Categories of Violent Crime
  • The most common form of criminal activityEconomic gain or the damaging of propertyPocket pickingShopliftingThe stealing of any propertyLarceny/theftBurglaryarsonProperty Crime
  • Linked to the Consensus modelEx. Singapore – Public order lawPublic drunkennessProstitutionGamblingIllicit drug useSometimes as victimless crimesPublic Order Crime
  • An illegal act or series of acts committed by an individual or businessentity using some nonviolent means to obtain a personal or businessadvantageWhite-Collar crime
  • White-Collar Crime
  • White-Collar Crime (part a)
  • White-Collar Crime (part b)
  •  Illegal acts by illegal organizations, usually geared toward satisfyingthe public’s demand for unlawful goods and services Preferred markets Gambling Prostitution Illegal narcotics, Loan sharking Counterfeiting and credit-card scamsOrganized Crime
  • Growing areaAlmost every crime types in the cyber spaceSelling pornographic materialsSoliciting minorsDefrauding consumers with bogus financial investmentVoice PhishingEmail PhishingEngaging in ProstitutionCyber Crime
  • Types of Cybercrime
  • The major purpose of the CJ systemIn 1967, the President’s Commission on Law Enforcement andAdministration of Justice stated that the CJ system is obligated toenforce accepted to standards of conduct so as to“Protect individuals and community”The Criminal Justice System
  • To control crimeTo prevent crimeTo provide and maintain justiceThree Goals of the Criminal Justice System
  • FederalismThe government powers are shared by the national (federal)government and the states.In the US, the division of powers between the federal governmentand the fifty states is established by the ConstitutionThe National government power by ConstitutionThe power to coin moneyRaise an armyRegulate interstate commerceCrime control – local governmentsStructure of the Criminal Justice System
  • PoliceLocal Law EnforcementCounties + municipalsState Law EnforcementExcept HawaiiMost states – state police + highway patrolsFederal Law EnforcementFBIDEAATFDepartment of Homeland SecurityStructure of the Criminal Justice System
  • The criminal court system– court structure
  • The Federal Court SystemJudgesAppointed by the president of the United States, subject tothe approval of the SenateLifetime appointments- Because under Article III of the Constitution they “holdtheir offices during Good Behavior”
  • CourtsDual court system = Federal + StateFifty-two different court systemsOne national court system (Federal)Fifty state courtsOne in the D.C.State CourtsTrial courts at the local and state levelIntermediate courts of appealsThe state supreme courtStructure of the Criminal Justice System
  • CourtsState CourtsTrial courts at the local and state levelsIntermediate courts of appealsState Supreme courtsFederal CourtsDistrict courtsCircuit courts of appealsThe United States Supreme CourtStructure of the Criminal Justice System
  • CourtsThe Criminal courtThe judge, the prosecutor, and defense attorneysCharged with the weighty responsibility of determining theinnocence or guilt criminal suspectsStructure of the Criminal Justice System
  • CorrectionsProbation – Most common correctional treatmentIncarceration – Prison or JailCommunity Based CorrectionsHalfway houses, residential centers, and work-release centersParoleStructure of the Criminal Justice System (cont.)
  • Local, State, and Federal Employeesin Our Criminal Justice System
  •  The President’s Commission on law Enforcement and Administrationof justice asserted that the system: Is not a hodgepodge of random actions. It is rather a continuum –an orderly progression of events – some of which, like arrest andtrail, are highly visible and some of which, through of greatimportance, occur out of public view.Two Views of the Criminal Justice Process
  • Professor Herbert Packer, idealized criminal justice process to anassemble line:“…down which moves an endless stream of cases, neverstopping, carrying the cases to workers who stand at fixedstations and who perform on each case as it comes by the samesmall but essential operation that brings it one stop closer tobeing a finished product, or , to exchange he metaphor for thereality, a closed file….”The formal and the informal criminal justice processTwo Views of Criminal Justice (cont.)
  • Discretion permits justice officials at all levels to make decisions thatwill keep the system operatingDiscretion
  • Discretion in the Criminal Justice System
  • The Wedding Cake Model
  •  A model of criminal justice that assumes freedom is so important thatevery effort must be made to reduce crime so things like efficiency,speed and finality are emphasized. The system must have a highcapacity to catch, convict and dispose of offenders.Crime Control Model
  • A different model of the criminal justice system that assumesfreedom is so important that every effort must be made to ensure thedecisions are fair and reliable based on law and formal proceedingsDue Process Model
  • Crime Control ModelDeter crimeProtect citizens from crimeIncapacitate criminalsProvide quick and efficient justiceDue Process ModelProtect the individual against the immense power of the stateRehabilitate those convicted of crimesCrime Control versus Due Process: Goals of the CJ System
  • How Goals Can Best Be MetCrime Control ModelPromoting discretion and limiting bureaucratic red tape incriminal justice institutionsMaking it easier for police to arrest criminalsReducing legal restrictions on proving guilt in a criminal trialCrime Control versus Due Process:
  • Due Process ModelLimiting state power by assuring the constitutional rights of theaccusedProviding even guilty offenders with full protection of the lawAssuring that all accused criminals receive the same treatmentProtecting the civil rights of prisonersCrime Control versus Due Process (cont.)
  • Favored PoliciesCrime Control ModelMore policeMore jails and prisonsHarsher penalties (including increased use of the deathpenalty) and longer sentencesCrime Control versus Due Process (cont.)
  • Due Process ModelOpen the process to scrutiny by the media and publicAbolish the death penaltyLimit police powersLimit discretion and formalize proceduresIncrease funding for rehabilitation and education in prisons andjailsCrime Control versus Due Process (cont.)
  • Crime Control ModelWrongdoers are responsible for their own actionsWrongdoers have violated the social contract and can therefore bedeprived of many of the rights afforded to law-abiding citizens Due Process ModelCriminal behavior can be attributed to social and biological factorsCriminals can be rehabilitated and returned to the communityCrime Control versus Due Process: View of Criminality
  • Responding to TerrorismAfter Sept. 11, 2001, President Bush signed the Patriot Act into law.Key provisions of the Patriots ActCreates a new crime of “domestic terrorism”Expands the definition of “engage in terrorist activity”Allows for easier detention and removalGives law enforcement agents greater abilityReduces the amount of suspicion law enforcement agents needs
  • Criminal Justice TodayReality Check: Violent Crime in the StatesThe Gang ProblemThe Gun ProblemThe Illegal Drugs ProblemCrime and PunishmentGrowing prison populationDivision and Execution
  • Number of Inmates
  • Prison and Jail Populations inthe United States, 1985-2002
  • Criminal Justice TodayNew Directions in Law EnforcementChanging TacticsDNA ProfilingHomeland SecurityTechnology: Fighting and Fueling Crime