The document discusses various behaviors that may or may not be considered criminal violations of the law depending on location. Chewing gum is illegal in Singapore but sagging pants laws vary by state in the US. Singing in the bathtub is against the law in Pennsylvania. Fishing laws also differ by gender and marital status depending on the state. The document also examines why certain sex toy bans originated and still exist in some areas.
I cannot recommend lying or committing an unethical act. While protecting public safety is important, upholding civil liberties and the integrity of the justice system is equally vital. Some options to consider:
1. Tell the truth about the illegal search and have the evidence suppressed, but continue investigating other leads to build a lawful case.
2. Consult with legal advisors on alternative charges that don't rely on the suppressed evidence, such as those related to the initial traffic violation.
3. If releasing the suspect poses an imminent threat, lawful detention may be possible until the investigation continues. But this should be a last resort and according to procedure.
Upholding ethics, even when difficult, is crucial for maintaining public
This document summarizes key aspects of criminal law and procedure in the United States. It outlines four categories of law, including criminal law which defines crimes and punishments. Criminal law has substantive and procedural aspects. The history and sources of criminal law are discussed, including influences from codes like the Code of Hammurabi. Crimes are classified and the legal definition requires both an act and mental intent. Constitutional limits and rights are addressed, along with defenses, reforming criminal law, and the law of criminal procedure focused on interpretations of the 4th, 5th, 6th, and 8th Amendments.
This document discusses different perspectives on how crime is defined and categorized. It also examines sources of crime data in the US, including the Uniform Crime Report compiled by the FBI and the National Crime Victimization Survey. The document analyzes factors that influence crime rates such as age, gender, race, social class, drugs and alcohol. It explores geographic crime patterns and chronic offending.
This document discusses the history and evolution of policing from its origins in London in the 19th century to modern police forces today. It covers the establishment of the first organized police force under Sir Robert Peel in London, the development of early police agencies in Boston, New York and Philadelphia, and reforms that led to the professionalization of police work. It also examines the rise of private security and how technology has transformed police investigations through tools like fingerprint analysis, DNA testing and use of social media.
Police have significant discretion in carrying out their duties. This discretion involves critical decisions such as making arrests, referring juveniles to court, and using deadly force. While discretion allows police to consider unique aspects of each situation, it can also lead to abuse and inconsistency if not properly controlled. Written policies and oversight seek to structure discretion to promote consistent and fair outcomes, improve public policy, and enhance professionalism in law enforcement. However, rules cannot cover all situations and may sometimes have unintended negative effects if not implemented carefully.
The document discusses the contemporary law enforcement industry in America. It notes that law enforcement is highly fragmented and decentralized, with over 17,000 agencies across four levels of government. It also describes the various types of agencies that make up the industry, including municipal police, county sheriffs, state police, federal agencies, and private security firms. The industry employs over 3 million people between public and private organizations.
Community policing aims to build partnerships between police and communities to solve neighborhood problems. It stresses cooperation and collaboration over traditional reactive policing methods. While some research shows community policing can reduce crime and improve public perceptions of police, others note it may overstep civil liberties and disproportionately impact poor and minority communities. Effective strategies include problem-oriented policing, which systematically addresses the underlying causes of community issues.
The purpose of this chapter is to provide background on policing and discuss the goals and realities of police work. It defines law enforcement agencies and police officers, and notes that police have complex roles that involve enforcing laws, investigating crimes, maintaining order, and providing services to citizens. While often portrayed as crime fighters, police work really involves discretion, ambiguity, and balancing many standards like protecting rights and ensuring safety. The chapter introduces alternatives like problem-oriented, community, and zero-tolerance policing that will be explored in later sections.
I cannot recommend lying or committing an unethical act. While protecting public safety is important, upholding civil liberties and the integrity of the justice system is equally vital. Some options to consider:
1. Tell the truth about the illegal search and have the evidence suppressed, but continue investigating other leads to build a lawful case.
2. Consult with legal advisors on alternative charges that don't rely on the suppressed evidence, such as those related to the initial traffic violation.
3. If releasing the suspect poses an imminent threat, lawful detention may be possible until the investigation continues. But this should be a last resort and according to procedure.
Upholding ethics, even when difficult, is crucial for maintaining public
This document summarizes key aspects of criminal law and procedure in the United States. It outlines four categories of law, including criminal law which defines crimes and punishments. Criminal law has substantive and procedural aspects. The history and sources of criminal law are discussed, including influences from codes like the Code of Hammurabi. Crimes are classified and the legal definition requires both an act and mental intent. Constitutional limits and rights are addressed, along with defenses, reforming criminal law, and the law of criminal procedure focused on interpretations of the 4th, 5th, 6th, and 8th Amendments.
This document discusses different perspectives on how crime is defined and categorized. It also examines sources of crime data in the US, including the Uniform Crime Report compiled by the FBI and the National Crime Victimization Survey. The document analyzes factors that influence crime rates such as age, gender, race, social class, drugs and alcohol. It explores geographic crime patterns and chronic offending.
This document discusses the history and evolution of policing from its origins in London in the 19th century to modern police forces today. It covers the establishment of the first organized police force under Sir Robert Peel in London, the development of early police agencies in Boston, New York and Philadelphia, and reforms that led to the professionalization of police work. It also examines the rise of private security and how technology has transformed police investigations through tools like fingerprint analysis, DNA testing and use of social media.
Police have significant discretion in carrying out their duties. This discretion involves critical decisions such as making arrests, referring juveniles to court, and using deadly force. While discretion allows police to consider unique aspects of each situation, it can also lead to abuse and inconsistency if not properly controlled. Written policies and oversight seek to structure discretion to promote consistent and fair outcomes, improve public policy, and enhance professionalism in law enforcement. However, rules cannot cover all situations and may sometimes have unintended negative effects if not implemented carefully.
The document discusses the contemporary law enforcement industry in America. It notes that law enforcement is highly fragmented and decentralized, with over 17,000 agencies across four levels of government. It also describes the various types of agencies that make up the industry, including municipal police, county sheriffs, state police, federal agencies, and private security firms. The industry employs over 3 million people between public and private organizations.
Community policing aims to build partnerships between police and communities to solve neighborhood problems. It stresses cooperation and collaboration over traditional reactive policing methods. While some research shows community policing can reduce crime and improve public perceptions of police, others note it may overstep civil liberties and disproportionately impact poor and minority communities. Effective strategies include problem-oriented policing, which systematically addresses the underlying causes of community issues.
The purpose of this chapter is to provide background on policing and discuss the goals and realities of police work. It defines law enforcement agencies and police officers, and notes that police have complex roles that involve enforcing laws, investigating crimes, maintaining order, and providing services to citizens. While often portrayed as crime fighters, police work really involves discretion, ambiguity, and balancing many standards like protecting rights and ensuring safety. The chapter introduces alternatives like problem-oriented, community, and zero-tolerance policing that will be explored in later sections.
The document discusses various mechanisms for holding police accountable, including internal reviews, citizen oversight, lawsuits, and federal investigations. It describes accountability as having to answer for one's conduct to the public, officials, and courts. Various methods are outlined like COMPSTAT, early intervention systems, civilian complaint reviews, pattern or practice suits, and ensuring policies comply with Supreme Court rulings. Both benefits and criticisms of approaches are mentioned.
Police corruption involves criminal or improper behavior by police officers for personal gain. It undermines the criminal justice system and public trust in the police. There are different types of corruption like accepting gratuities, taking bribes, theft, and protecting illegal activities. Corruption can range from a few "rotten apples" to being widespread and organized in a police department. Theories for why it occurs include individual officer explanations, neighborhood factors, and police subculture and organization issues. Controlling corruption requires internal police mechanisms like effective leadership and supervision as well as external oversight like investigations and public scrutiny.
The document discusses police-community relations, specifically between police and racial/ethnic minority communities. It notes that while most Americans view police positively, minorities generally view them less favorably. Attitudes vary based on factors like age, income, location, and experiences with police. Community policing programs have been shown to improve citizen attitudes by fostering trust and cooperation. Sources of tensions include disparities in police protection across neighborhoods and controversial uses of force against minorities.
This document discusses the realities of beginning police work, including encountering hostility from citizens and challenges within the criminal justice system. It also describes the changing demographics of police forces to include more women and minority officers. While this has helped diversify police, it has also introduced new tensions among groups. The document outlines factors like seniority, special assignments, and promotions that influence police officers' careers over time. It also examines sources of job satisfaction and stress for officers.
This document discusses issues related to policing, including who makes up police forces, challenges they face, and ways to address issues. It finds that while more departments now require higher education, only 1% mandate a 4-year degree. Minority representation has increased to 25% of officers. About 15% of officers are female, though policing remains male-dominated. Police face stress from ambiguous roles and dangerous work, which can contribute to issues like brutality and corruption. Oversight, policies on use of force, and prioritizing officer safety aim to address these challenges.
The document summarizes several key aspects of being a police officer on the job. It discusses the reality shock officers experience early in their career dealing with the public, justice system, and department politics. It also covers the changing demographics of police including more women, African Americans, Hispanics, and gay and lesbian officers joining the force. Finally, it outlines some of the stresses of police work and how officers cope with and progress in their careers over time.
A compendium of Adv. Oded Vosok (Kami) articles. Adv. Oded VOSOUK is an expert on the Persian language and culture, with vast experience in litigation, white collar, class actions and handling Iranian-Jews legal and commercial issues.
Adv. Kambiz (Oded) Vosouk was born in Iran and immigrated to Israel at the age of 14 and in the same year was awarded the matriculation certificate. He enlisted in the 8200 unit in the IDF and headed an intelligence research department and later participated in international projects of the Ministry of Defense and the Prime Minister's Office. He speaks Persian language and is author of a book for the study of the Persian language as well as published a number of various articles including on the restitution of the assets of the Iranians after the 79th revolution in Iran.
Kambiz holds a bachelor's and master's degree in law with honors and has worked in a number of very large law firms and also worked for a number of years as a lawyer in the legal department of the Ministry of the Environment. Kambiz is very active among the Iranian community and advises them in various areas of law.
אגודת מאמרים, מחשבות, חוות דעת ופרסומים מאת עו"ד עודד ווסוק, עורך דין מומחה לתרבות ולשפה הפרסית, עם נסיון רב בליטיגציה, צוארון לבן, תביעות ייצוגיות, איכות הסביבה וטיפול בעולי אירן.
edited by Gabriel Hayon
This document provides an overview of law enforcement in the United States. It discusses the highly fragmented nature of American policing, with over 18,000 agencies providing police services on the local, county, state and federal levels. It also examines the "industry" perspective of policing, with citizens receiving services from multiple agencies. Additionally, it outlines the various types of agencies that make up the law enforcement system and notes there are no national standards, with regulation occurring at the state level through licensing or certification.
This chapter introduces the goals of the book, which are to provide background on policing innovations like community policing. It defines law enforcement agencies as preventing crime, investigating crime, maintaining order, and providing services. Police officers have legal peace officer status. Myths about policing focus on it as crime-fighting, but studies show it is complex with ambiguities and discretion. The American Bar Association outlines police functions like aiding those in danger, protecting rights, and maintaining order. Police roles are shaped by responding to citizen calls 24/7 as generalists with authority to use force within the social control system. Future chapters will discuss alternatives like problem-oriented and community policing.
Police officers have significant discretion in making decisions like arrests, traffic stops, and use of force. This chapter discusses police discretion and efforts to control it. It defines discretion as actions based on an officer's judgment. Discretion is involved in critical decisions and street-level officers act as policymakers through their decisions. Written policies, administrative rulemaking, and oversight aim to structure discretion to prevent abuse and promote consistent, fair policing, though complete control of discretion is impossible.
Chapter 5 Challenges to Effective PolicingKatrina Homer
The document summarizes key aspects of policing including:
1) Police recruits undergo training at the police academy to learn laws and procedures, then receive field training from officers to apply their knowledge on the job.
2) Community policing aims to increase community cooperation and support for police, and problem-oriented policing seeks to solve the root causes of crime in specific areas.
3) Police work involves dangers and stress, while officers also face ethical dilemmas regarding their discretion, duties, honesty, and loyalties.
This chapter discusses innovations in policing strategies such as community policing, problem-oriented policing, and zero-tolerance policing. It outlines the characteristics and effectiveness of each approach based on case studies. Community policing aims to build partnerships between police and communities through consultation, collaboration, and citizen involvement. Problem-oriented policing uses the SARA model to systematically address the underlying causes of problems. Zero-tolerance policing aggressively enforces laws against minor crimes and disorder based on the broken windows theory. The chapter evaluates successes and challenges of implementing these new policing models.
This document discusses police-community relations and the attitudes of various communities toward the police. It finds that while most Americans have a positive view of police, racial and ethnic minorities generally have less favorable attitudes. Younger people and those from lower socioeconomic backgrounds also tend to rate the police lower. The document examines factors like discrimination, disparities in policing across communities, and the impact of controversial incidents on public perceptions of law enforcement.
SWK 597 Week 6. criminal justice and sexual offensesTAMUCSocialWork
This document discusses criminal sexual offenses and the sex offender registry in Texas. It defines various sex crimes like rape, sexual assault, prostitution, indecent exposure, and child pornography. It outlines the sex offender registry requirements in Texas and at the national level under SORNA (Megan's Law), requiring offenders to register for 10 years. The consequences of being placed on the sex offender registry are also noted.
This document discusses different models of police order maintenance and responses to non-criminal calls. It also summarizes police approaches to enforcing traffic laws, responding to domestic disputes, addressing issues like homelessness, mental illness, prostitution, and interactions with juveniles. The roles of discretion, community cooperation, social work functions, and criminal deterrence in policing are covered. Mandatory arrest policies for domestic violence are also mentioned.
Walker Chapter 1 introduction to law enforcement - 2017gregory riley
The document summarizes key topics from the textbook "The Police in America" including the roles and responsibilities of police, recommendations from the President's Task Force on policing, and concepts like procedural justice, legitimacy, accountability, and bias. The Task Force addressed issues like democratic, legitimate, open/transparent, and accountable policing. It recommended practices like community engagement, civilian oversight, and transparent policies to establish trust and guardianship over warriorship. Overall, the document discusses modern policing standards and the complex responsibilities of law enforcement beyond just crime control.
The document discusses different types of crime data collection in the United States. It describes the FBI's Uniform Crime Reporting/National Incident-Based Reporting System (UCR/NIBRS) program, including its history and purpose of providing annual crime rate data. It also describes the National Crime Victimization Survey (NCVS) conducted by the Bureau of Justice Statistics, which surveys households to collect data on crimes, including unreported crimes. The document compares the UCR/NIBRS and NCVS programs and discusses how they provide different perspectives on crime in the US. It also describes several special categories of crime and how they remain significant today, such as crimes against women, the elderly, hate crimes, and drug and
This chapter discusses the roles and functions of police in the United States. It describes the historical origins of policing from the London Metropolitan Police and how early American police were modeled after this. There are now thousands of police agencies across the US with jurisdiction at the federal, state, and local levels. The chapter outlines the major federal and state law enforcement agencies and explains the hiring and training process officers undergo. It also discusses factors like community policing strategies that influence modern policing approaches.
When you're using Instant Checkmate to run background checks on individuals, you may come across some specific terms in your reports that you might not be familiar with. To help you better understand exactly what you're seeing in your reports, we've compiled a list of the most frequently used and related terms in the personal criminal background check industry.
www.instantcheckmate.com/glossary
This chapter discusses the criminal justice system in the United States. It covers:
1) The history of crime and criminal justice in the U.S. from the 1850s to the present.
2) How the criminal justice system balances individual rights with public order and safety.
3) The structure of the U.S. criminal justice system, which consists of police, courts, and corrections.
The document discusses key aspects of the criminal justice system including:
1. Defining crime and outlining different types of crimes such as violent crimes, property crimes, public order crimes, and white collar crimes.
2. Describing the local, state, and federal levels that make up law enforcement in the United States.
3. Listing the essential elements of the corrections system as probation, jails, prisons, and community-based corrections.
CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docxbissacr
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
The document discusses various mechanisms for holding police accountable, including internal reviews, citizen oversight, lawsuits, and federal investigations. It describes accountability as having to answer for one's conduct to the public, officials, and courts. Various methods are outlined like COMPSTAT, early intervention systems, civilian complaint reviews, pattern or practice suits, and ensuring policies comply with Supreme Court rulings. Both benefits and criticisms of approaches are mentioned.
Police corruption involves criminal or improper behavior by police officers for personal gain. It undermines the criminal justice system and public trust in the police. There are different types of corruption like accepting gratuities, taking bribes, theft, and protecting illegal activities. Corruption can range from a few "rotten apples" to being widespread and organized in a police department. Theories for why it occurs include individual officer explanations, neighborhood factors, and police subculture and organization issues. Controlling corruption requires internal police mechanisms like effective leadership and supervision as well as external oversight like investigations and public scrutiny.
The document discusses police-community relations, specifically between police and racial/ethnic minority communities. It notes that while most Americans view police positively, minorities generally view them less favorably. Attitudes vary based on factors like age, income, location, and experiences with police. Community policing programs have been shown to improve citizen attitudes by fostering trust and cooperation. Sources of tensions include disparities in police protection across neighborhoods and controversial uses of force against minorities.
This document discusses the realities of beginning police work, including encountering hostility from citizens and challenges within the criminal justice system. It also describes the changing demographics of police forces to include more women and minority officers. While this has helped diversify police, it has also introduced new tensions among groups. The document outlines factors like seniority, special assignments, and promotions that influence police officers' careers over time. It also examines sources of job satisfaction and stress for officers.
This document discusses issues related to policing, including who makes up police forces, challenges they face, and ways to address issues. It finds that while more departments now require higher education, only 1% mandate a 4-year degree. Minority representation has increased to 25% of officers. About 15% of officers are female, though policing remains male-dominated. Police face stress from ambiguous roles and dangerous work, which can contribute to issues like brutality and corruption. Oversight, policies on use of force, and prioritizing officer safety aim to address these challenges.
The document summarizes several key aspects of being a police officer on the job. It discusses the reality shock officers experience early in their career dealing with the public, justice system, and department politics. It also covers the changing demographics of police including more women, African Americans, Hispanics, and gay and lesbian officers joining the force. Finally, it outlines some of the stresses of police work and how officers cope with and progress in their careers over time.
A compendium of Adv. Oded Vosok (Kami) articles. Adv. Oded VOSOUK is an expert on the Persian language and culture, with vast experience in litigation, white collar, class actions and handling Iranian-Jews legal and commercial issues.
Adv. Kambiz (Oded) Vosouk was born in Iran and immigrated to Israel at the age of 14 and in the same year was awarded the matriculation certificate. He enlisted in the 8200 unit in the IDF and headed an intelligence research department and later participated in international projects of the Ministry of Defense and the Prime Minister's Office. He speaks Persian language and is author of a book for the study of the Persian language as well as published a number of various articles including on the restitution of the assets of the Iranians after the 79th revolution in Iran.
Kambiz holds a bachelor's and master's degree in law with honors and has worked in a number of very large law firms and also worked for a number of years as a lawyer in the legal department of the Ministry of the Environment. Kambiz is very active among the Iranian community and advises them in various areas of law.
אגודת מאמרים, מחשבות, חוות דעת ופרסומים מאת עו"ד עודד ווסוק, עורך דין מומחה לתרבות ולשפה הפרסית, עם נסיון רב בליטיגציה, צוארון לבן, תביעות ייצוגיות, איכות הסביבה וטיפול בעולי אירן.
edited by Gabriel Hayon
This document provides an overview of law enforcement in the United States. It discusses the highly fragmented nature of American policing, with over 18,000 agencies providing police services on the local, county, state and federal levels. It also examines the "industry" perspective of policing, with citizens receiving services from multiple agencies. Additionally, it outlines the various types of agencies that make up the law enforcement system and notes there are no national standards, with regulation occurring at the state level through licensing or certification.
This chapter introduces the goals of the book, which are to provide background on policing innovations like community policing. It defines law enforcement agencies as preventing crime, investigating crime, maintaining order, and providing services. Police officers have legal peace officer status. Myths about policing focus on it as crime-fighting, but studies show it is complex with ambiguities and discretion. The American Bar Association outlines police functions like aiding those in danger, protecting rights, and maintaining order. Police roles are shaped by responding to citizen calls 24/7 as generalists with authority to use force within the social control system. Future chapters will discuss alternatives like problem-oriented and community policing.
Police officers have significant discretion in making decisions like arrests, traffic stops, and use of force. This chapter discusses police discretion and efforts to control it. It defines discretion as actions based on an officer's judgment. Discretion is involved in critical decisions and street-level officers act as policymakers through their decisions. Written policies, administrative rulemaking, and oversight aim to structure discretion to prevent abuse and promote consistent, fair policing, though complete control of discretion is impossible.
Chapter 5 Challenges to Effective PolicingKatrina Homer
The document summarizes key aspects of policing including:
1) Police recruits undergo training at the police academy to learn laws and procedures, then receive field training from officers to apply their knowledge on the job.
2) Community policing aims to increase community cooperation and support for police, and problem-oriented policing seeks to solve the root causes of crime in specific areas.
3) Police work involves dangers and stress, while officers also face ethical dilemmas regarding their discretion, duties, honesty, and loyalties.
This chapter discusses innovations in policing strategies such as community policing, problem-oriented policing, and zero-tolerance policing. It outlines the characteristics and effectiveness of each approach based on case studies. Community policing aims to build partnerships between police and communities through consultation, collaboration, and citizen involvement. Problem-oriented policing uses the SARA model to systematically address the underlying causes of problems. Zero-tolerance policing aggressively enforces laws against minor crimes and disorder based on the broken windows theory. The chapter evaluates successes and challenges of implementing these new policing models.
This document discusses police-community relations and the attitudes of various communities toward the police. It finds that while most Americans have a positive view of police, racial and ethnic minorities generally have less favorable attitudes. Younger people and those from lower socioeconomic backgrounds also tend to rate the police lower. The document examines factors like discrimination, disparities in policing across communities, and the impact of controversial incidents on public perceptions of law enforcement.
SWK 597 Week 6. criminal justice and sexual offensesTAMUCSocialWork
This document discusses criminal sexual offenses and the sex offender registry in Texas. It defines various sex crimes like rape, sexual assault, prostitution, indecent exposure, and child pornography. It outlines the sex offender registry requirements in Texas and at the national level under SORNA (Megan's Law), requiring offenders to register for 10 years. The consequences of being placed on the sex offender registry are also noted.
This document discusses different models of police order maintenance and responses to non-criminal calls. It also summarizes police approaches to enforcing traffic laws, responding to domestic disputes, addressing issues like homelessness, mental illness, prostitution, and interactions with juveniles. The roles of discretion, community cooperation, social work functions, and criminal deterrence in policing are covered. Mandatory arrest policies for domestic violence are also mentioned.
Walker Chapter 1 introduction to law enforcement - 2017gregory riley
The document summarizes key topics from the textbook "The Police in America" including the roles and responsibilities of police, recommendations from the President's Task Force on policing, and concepts like procedural justice, legitimacy, accountability, and bias. The Task Force addressed issues like democratic, legitimate, open/transparent, and accountable policing. It recommended practices like community engagement, civilian oversight, and transparent policies to establish trust and guardianship over warriorship. Overall, the document discusses modern policing standards and the complex responsibilities of law enforcement beyond just crime control.
The document discusses different types of crime data collection in the United States. It describes the FBI's Uniform Crime Reporting/National Incident-Based Reporting System (UCR/NIBRS) program, including its history and purpose of providing annual crime rate data. It also describes the National Crime Victimization Survey (NCVS) conducted by the Bureau of Justice Statistics, which surveys households to collect data on crimes, including unreported crimes. The document compares the UCR/NIBRS and NCVS programs and discusses how they provide different perspectives on crime in the US. It also describes several special categories of crime and how they remain significant today, such as crimes against women, the elderly, hate crimes, and drug and
This chapter discusses the roles and functions of police in the United States. It describes the historical origins of policing from the London Metropolitan Police and how early American police were modeled after this. There are now thousands of police agencies across the US with jurisdiction at the federal, state, and local levels. The chapter outlines the major federal and state law enforcement agencies and explains the hiring and training process officers undergo. It also discusses factors like community policing strategies that influence modern policing approaches.
When you're using Instant Checkmate to run background checks on individuals, you may come across some specific terms in your reports that you might not be familiar with. To help you better understand exactly what you're seeing in your reports, we've compiled a list of the most frequently used and related terms in the personal criminal background check industry.
www.instantcheckmate.com/glossary
This chapter discusses the criminal justice system in the United States. It covers:
1) The history of crime and criminal justice in the U.S. from the 1850s to the present.
2) How the criminal justice system balances individual rights with public order and safety.
3) The structure of the U.S. criminal justice system, which consists of police, courts, and corrections.
The document discusses key aspects of the criminal justice system including:
1. Defining crime and outlining different types of crimes such as violent crimes, property crimes, public order crimes, and white collar crimes.
2. Describing the local, state, and federal levels that make up law enforcement in the United States.
3. Listing the essential elements of the corrections system as probation, jails, prisons, and community-based corrections.
CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docxbissacr
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
This document is a dissertation submitted by Sulaiman Massaquoi for the degree of MSc in Criminal Investigation at Teesside University. The dissertation investigates whether criminal liability should be judged subjectively based on the defendant's mental state, or objectively based on what an average person would think. Data was collected through semi-structured interviews with 8 law students from Teesside University. The findings showed a divide between participants on whether criminal liability should be subjective or objective. However, most agreed that establishing a criminal code would benefit the criminal justice system by increasing consistency. The dissertation concludes by recommending a larger and more diverse sample size for future research.
Law of criminal procedure Lecture Notes pptgetabelete
This document provides an overview of criminal procedure and the key concepts involved. It discusses the definition and functions of criminal procedure, comparing the crime control and due process models. It also examines the adversarial and inquisitorial systems, noting that most countries utilize a mixed approach. The document then outlines the fundamental principles of criminal procedure such as presumption of innocence and right to a fair trial. Finally, it discusses how an investigation is initiated through complaints, accusations or flagrant offenses and the police duties in investigating and recording statements.
International law is the system of rules governing relations between sovereign states and relations between states and international organizations. Public international law concerns rights between nations, while private international law deals with legal issues involving citizens of different countries.
National laws are designed to regulate human behavior within a state and generally fall into three categories: laws that forbid certain actions, laws that require compensation for injuries, and laws that specify requirements for certain activities like forming a company.
The key differences between national and international law include their law making processes, enforcement mechanisms, and issues of state consent. National laws are made by legislatures and enforced through domestic courts, while international law relies more on state negotiation and public pressure.
This document provides an overview of the criminal justice system in the United States. It discusses that criminal law is divided into substantive and procedural law. Substantive law defines crimes and penalties while procedural law regulates enforcement. It also outlines key concepts like federalism, separation of powers, criminal intent, and the differences between civil and criminal law.
This document provides an overview of the U.S. legal system, including various theories of law, the goals of the current legal system, and definitions of key concepts. It discusses how law has evolved from early societies through Roman and English common law to the current American system. It describes the state and federal court structures, with three levels of jurisdiction at each - lower courts, appellate courts, and a highest court. The document also distinguishes between criminal and civil law, outlining differences in burden of proof and jurisdiction.
This document summarizes a chapter about policing and criminal law from an introduction to administration of justice textbook. It covers the nature and purpose of law, the rule of law, categories of law including criminal law, civil law, and administrative law. It also describes the five categories of crimes, eight general features of crimes, elements of specific criminal offenses, and four broad categories of criminal defenses.
1: Crime, Criminal Justice, and
Criminology
Learning Objectives
This section will broadly introduce crime, criminal justice, and criminology. This section is designed to be a
broad overview of what the subsequent chapters will cover in detail. It also demonstrates how the United States
create laws, policies enacted to enforce laws, and the role of the media. After reading this section, students will be
able to:
• Understand the differences between deviance, rule violations, and criminality
• Explain the differences between the interactionist, consensus, and conflict views in the creation of
laws
• Identify the three components of the criminal justice system
• Discuss the differences between crime control and due process model, and application examples to
each
• Describe the wedding cake model theory and application examples to each tier
• Briefly explain the role of the media and how media may spread myths in society
• Briefly understand the unique role of victims in the criminal justice process
Background Knowledge Probe: The goal here is to assess current knowledge about the criminal
justice system at the start of the course. Each of these topics is covered throughout the course, and they will
often be a controversial topic and topic for debate.
You will indicate whether you know each statement to be True or False, but there is no right or wrong
answer since it is just to assess your background knowledge.
1. Blacks commit more crime than any other racial group.
9
2. The United States has the lowest recidivism rates in the world (return to prison).
3. The death penalty is cheaper than life imprisonment.
4. Politicians shape our thoughts on crime, even if they are inaccurate.
5. Children are most likely to be killed by a stranger.
6. A stranger is most likely to physically harm you.
7. White-collar crime costs our country more every year than street-crime.
8. Juveniles are more violent today than ever before.
9. Immigrants commit more crime than native-born people.
10. Violent crime has risen in the United States over the last 20 years.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ
10
1.1. Crime and the Criminal Justice System
SHANELL SANCHEZ
Theft as a Child
The first lesson in crime and criminality I remember was when I was in second grade and stole something from
a local drug store. I thought that the bracelet was shiny and perfect. At first, I remember wanting to try it on, but
then I did not want to take it off. I had more questions than my Nana may have been ready to answer about why I
did it and why I could not keep it. I had to take the bracelet back, which hurt because I loved it. Because of guilt or
shame, I told my grandma what I did.
Think about a time in your life that you may have done something similar. Was this first lesson in crime and
criminality from the person you were raised by such as a parent(s) or grandparent(s)? Did they ...
1: Crime, Criminal Justice, and
Criminology
Learning Objectives
This section will broadly introduce crime, criminal justice, and criminology. This section is designed to be a
broad overview of what the subsequent chapters will cover in detail. It also demonstrates how the United States
create laws, policies enacted to enforce laws, and the role of the media. After reading this section, students will be
able to:
• Understand the differences between deviance, rule violations, and criminality
• Explain the differences between the interactionist, consensus, and conflict views in the creation of
laws
• Identify the three components of the criminal justice system
• Discuss the differences between crime control and due process model, and application examples to
each
• Describe the wedding cake model theory and application examples to each tier
• Briefly explain the role of the media and how media may spread myths in society
• Briefly understand the unique role of victims in the criminal justice process
Background Knowledge Probe: The goal here is to assess current knowledge about the criminal
justice system at the start of the course. Each of these topics is covered throughout the course, and they will
often be a controversial topic and topic for debate.
You will indicate whether you know each statement to be True or False, but there is no right or wrong
answer since it is just to assess your background knowledge.
1. Blacks commit more crime than any other racial group.
9
2. The United States has the lowest recidivism rates in the world (return to prison).
3. The death penalty is cheaper than life imprisonment.
4. Politicians shape our thoughts on crime, even if they are inaccurate.
5. Children are most likely to be killed by a stranger.
6. A stranger is most likely to physically harm you.
7. White-collar crime costs our country more every year than street-crime.
8. Juveniles are more violent today than ever before.
9. Immigrants commit more crime than native-born people.
10. Violent crime has risen in the United States over the last 20 years.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL
SANCHEZ
10
1.1. Crime and the Criminal Justice System
SHANELL SANCHEZ
Theft as a Child
The first lesson in crime and criminality I remember was when I was in second grade and stole something from
a local drug store. I thought that the bracelet was shiny and perfect. At first, I remember wanting to try it on, but
then I did not want to take it off. I had more questions than my Nana may have been ready to answer about why I
did it and why I could not keep it. I had to take the bracelet back, which hurt because I loved it. Because of guilt or
shame, I told my grandma what I did.
Think about a time in your life that you may have done something similar. Was this first lesson in crime and
criminality from the person you were raised by such as a parent(s) or grandparent(s)? Did they ...
The document provides an overview of key concepts related to the Australian legal system and government. It defines important legal terms, explains the hierarchy of courts and distinction between different types of laws. It also discusses why laws are needed in society and how the legal system aims to be just, enforceable and acceptable to communities. The legal system is connected to the federal, state and local governments who are responsible for making and reforming laws in Australia's democratic system.
The document provides an overview of the criminal justice system including definitions of crime, models of how societies determine criminal acts, types of crimes, goals of the criminal justice system, levels of law enforcement, corrections systems, and models of the criminal justice process. It describes crime as acts that violate criminal law and are punishable by criminal sanctions.
This document discusses four major events that helped shape the US criminal justice system: 1) The Civil Rights Movement, 2) The Vietnam War, 3) Rising crime rates in the 1960s and 1970s, and 4) The 9/11 terrorist attacks. It provides historical context around these events, such as the Civil Rights Act of 1964 and protests against the Vietnam War, and how the government responded through initiatives like President Johnson's War on Crime and the Omnibus Crime Control and Safe Streets Act of 1968. The document also covers legal principles that govern criminal laws and procedures, such as due process, rules of evidence, and limits on criminal laws.
2. 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
3. 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 on
Sundays, and illegal for unmarried women to fish alone at all.
4. 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. This
is despite the fact that the Fulton-County jury publicly stated that the
law was "archaic" and noted such gadgets can have therapeutic
value.
5. What is Crime?
Legalistic Perspective
Crime: Human behaviors against the law
There is no crime without the law, and there is no punishment without the
crime.
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
6. What is Crime?
Two perspectives on Crime
1. Moving Target Perspective
Criminal behaviors can be changed depending on time or
location
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 or
law)
7. Elements of Crime
1. Harm
2. Legality
3. Actus reus
4. Mens rea
5. Causation
6. Concurrence
7. Punishment
8. Elements of Crime
1. Harm
The behavior along with psychological, physical, and economical
harm
The thinking itself is not the crime.
2. Legality
Must be defined by the law
3. Actus reus (guilty act)
Must violate the law
9. 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, and
compensation
10. 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 committed
under certain circumstances, punishable by society.
Some ridiculous laws in our society
Louisiana – Banned the sagging pants
Consensus model vs. Conflict Model
11. 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 disputes
Origins of Criminal Law: Consensus View
12.
Not an absolute definition
Politically powerful groups influence the content of criminal law
“Mala prohibita” offenses are prohibited by government but not wrong
in themselves
Harsh penalties are sometimes enforced on the poor or
disadvantaged while the powerful are given lighter sentences
Origins of Criminal Law: Conflict View
13.
An action or activity that is
Punishable under the criminal law as determined by the majority
of society or, in some cases, a powerful minority
Considered an offense against society as a whole, and
prosecuted by public officials not victims
Punishable by statutorily determined sanctions that bring about
the loss of freedom
An Integrated Definition of Crime
15.
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
Robbery
Major Categories of Violent Crime
16.
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
arson
Property Crime
17.
Linked to the Consensus model
Ex. Singapore – Public order law
Public drunkenness
Prostitution
Gambling
Illicit drug use
Sometimes as victimless crimes
Public Order Crime
18.
An illegal act or series of acts committed by an individual or business
entity using some nonviolent means to obtain a personal or business
advantage
White-Collar crime
22. Illegal acts by illegal organizations, usually geared toward satisfying
the public’s demand for unlawful goods and services
Preferred markets
Gambling
Prostitution
Illegal narcotics,
Loan sharking
Counterfeiting and credit-card scams
Organized Crime
23.
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 Prostitution
Cyber Crime
25.
The major purpose of the CJ system
In 1967, the President’s Commission on Law Enforcement and
Administration of Justice stated that the CJ system is obligated to
enforce accepted to standards of conduct so as to
“Protect individuals and community”
The Criminal Justice System
26.
To control crime
To prevent crime
To provide and maintain justice
Three Goals of the Criminal Justice System
27.
Federalism
The government powers are shared by the national (federal)
government and the states.
In the US, the division of powers between the federal government
and 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 governments
Structure of the Criminal Justice System
28.
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 Security
Structure of the Criminal Justice System
30. The Federal Court System
Judges
Appointed by the president of the United States, subject to
the approval of the Senate
Lifetime appointments
- Because under Article III of the Constitution they “hold
their offices during Good Behavior”
31.
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 court
Structure of the Criminal Justice System
32.
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 Court
Structure of the Criminal Justice System
33.
Courts
The Criminal court
The judge, the prosecutor, and defense attorneys
Charged with the weighty responsibility of determining the
innocence or guilt criminal suspects
Structure of the Criminal Justice System
34.
Corrections
Probation – Most common correctional treatment
Incarceration – Prison or Jail
Community Based Corrections
Halfway houses, residential centers, and work-release centers
Parole
Structure of the Criminal Justice System (cont.)
36. The President’s Commission on law Enforcement and Administration
of 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 and
trail, are highly visible and some of which, through of great
importance, occur out of public view.
Two Views of the Criminal Justice Process
37.
Professor Herbert Packer, idealized criminal justice process to an
assemble line:
“…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 he metaphor for the
reality, a closed file….”
The formal and the informal criminal justice process
Two Views of Criminal Justice (cont.)
38.
Discretion permits justice officials at all levels to make decisions that
will keep the system operating
Discretion
41. 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.
Crime Control Model
42.
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
Due Process Model
43.
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 crimes
Crime Control versus Due Process: Goals of the CJ System
44.
How Goals Can Best Be Met
Crime Control Model
Promoting discretion and limiting bureaucratic red tape in
criminal justice institutions
Making it easier for police to arrest criminals
Reducing legal restrictions on proving guilt in a criminal trial
Crime Control versus Due Process:
45.
Due Process Model
Limiting state power by assuring the constitutional rights of the
accused
Providing even guilty offenders with full protection of the law
Assuring that all accused criminals receive the same treatment
Protecting the civil rights of prisoners
Crime Control versus Due Process (cont.)
46.
Favored Policies
Crime Control Model
More police
More jails and prisons
Harsher penalties (including increased use of the death
penalty) and longer sentences
Crime Control versus Due Process (cont.)
47.
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 and
jails
Crime Control versus Due Process (cont.)
48.
Crime Control Model
Wrongdoers are responsible for their own actions
Wrongdoers have violated the social contract and can therefore be
deprived 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 community
Crime Control versus Due Process: View of Criminality
49. 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
50. 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
53. Criminal Justice Today
New Directions in Law Enforcement
Changing Tactics
DNA Profiling
Homeland Security
Technology: Fighting and Fueling Crime
Editor's Notes
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