Serial Murder- 3 or more incidents over a week, month, etc.

Mass Murder- 4 victims, 1 location, 1 ocassion

Spree Murder- 2 + locations, no time breaks

Culturally violent- offenders live in subcultures, violence + -> problem solving. 

Criminally violent- use violence to accomplish criminal act. ( may be mentally ill)

Situationally violent- violence in rare occasions. Under provocation. (crimes of passion)

• countries w/ greater inequality in $ -> murder ^
• Saturdays, December, Alcohol = murder ^
• under 25 incarceration up
• 1980-1990s crime has gone down
• increase non familiar offender/victim crimes
• black crime is high

types of workplace violence

type 1- no connection w job. Robbery or other crime. 

Type 2- crime -> employees by clients, students, etc

Type 3- violence -> coworkers etc.

Type 4- violence by someone who doesn't work there , personal relationship

Real Rape- aggravated, weapons

Simple Rape- victim did not resist. Date Rape

Acquaintance Rape- knowns the rappist

Anger rape- expres anger

Power rape- domination

Conklin's Typology

Professional Robber- long-term commitment to crime.

Opportunist Robber- Property offenders. Little commitment. Unplanned. Young. Low social class.

Addict/ Alcohol robber- steal to pay for drugs/ alcohol. Addiction.

Mugger- semiprofessionals. Planed. 

• adult may ascribe to him or herself the role of a younger person
• ascribe maturity level beyond the child's year
• history of abuse
• family isolations from helping resources in periods of crisis
• disappoinment w child

batter between husband and wife

escalating process. 

tend to be the beater

• violence- self defense or fighting back
• alcohol abuse
• hostility 
• economic
• anger

• a culture within a culture
• ethnic/lower class
• favorable attitudes toward the use of violence to resolve interpersonal grievances.
• machismo

intensive- continuing criminal involvement from an early age. Commit 51 crimes a year.

Intermittents- irregular in their offense patterns, 5 crimes a year. 

career

substance rober

unmarried

few fam obligations

irregularly employed 

Homicide

General pattern over time

decline in the early nineties

juveniles particularly black, urban exploded

25+ murder drop

18-24 increased

most vicitms involved in drugs/gangs

·      Homicide rate highest during the Great Depression and 80’s-early 90’s.

·      The U.S. has high homicides compared to other countries.

·      As of today crime rates is declining.

·      Arguments

o   Equality

o   Economy

·      Stranger to stranger homicide is very low.

·      Argument is the precitipated factor for homicide.

·      Asians low victims and homicides

·      American Indian have a huge homicide rate. 12,400 for every 100,000. 

Homicide

intraracial and why?

·      Crime in the U.S. tends to be intraracial. Black on black. White on white. Brown on Brown. Yellow on yellow.

·      Victims and offenders generally know each other. 

Homicide

argument v. felony precipitation

Homicide

stranger v. family v. intimate

• stranger to stranger homicide low
• man more likely to kill but in intimate homicides.

Homicide

General patterns of intimate for gender, race, gender and race, type of relationship

·      Asians low victims and homicides

·      American Indian have a huge homicide rate. 12,400 for every 100,000.

Blacks, Latino/hispanic

·      White male crimes has dropped over all ages.

·      Black male crime was low 80’s increased dramatically during the 90’s and has dropped down.

·      White female crime has been low and keeps declining.

·      Black female crime higher than white male crime and has been declining.

·      Boyfriend and girlfriend relationships

o   Decline in homicide of intimates, especially male victims

·      Victimization had dropped dramatically by males

·      Man more like to kill but in intimate homicides women are most likely to kill

·      White female have higest homicides of intimates

·      Black and white males have the lowest homicide of intimates

·      Black females stand in the middle

·      Girlfriend are most likely to murder boyfriend. The Black Widow Theory.

Homicide

why are women offenders the 'determining' ones when it comes to intrafamily homicide?

Assault

Relationship and lack thereof between assault and homicide for different groups rape?

Rape

Reasons for why so underreported?

• stigma attached
• sexist treatment (second rape by system)
• legal procedures
• burden of proof (show the attack was against her) 

Rape

Theory of unique invulnerability

Rape

stranger v. acquaintance

Acquaintance- is known to the victim. Often within an established dating relationship. Undereported

Stranger- according to surveys 80% are by strangers.

Rape 

Shield laws

1970's

Rape shield laws are statutes or court rules that limit the introduction of evidence about a victim's sexual history

Robery

why violent?

Robbery

why is this considered a gender-differentiated crime?

·      The use or threat of force

·      Most are males

·      The most gender differentiated part 1 offence of UCR

·      Crime is male dominated thing

·      Males most likely to commit robbery and most likely to rob another male

·      Women tend to rob other women

• Jails 

   > 1 year

mostly misdeameanor

local, county city

•  Prisons

   < 1 year

  mostly felonies

  Federal

 State

• criminal can served a full time sentencing
• Probation- instead of any time in prison.
• Parole
• State 3 Strikes Rule

• Truth in sentencing

  Fed

  ·      85%- in order for a prisoner to get parole he/she has to server 85% of their term ei (10-15 year term)

  ·      Jails- movement of prisoners to jails.

  o   Public opinion- “they still in jail”

  o   Not covered by mass media

  o   Security- lower

General trends in 

jails, prison, probation, & parole

·      1980s- 1 incarcerated prison for every 700 ppl
·      1988- 1 incarcerated prisoner for  every 400 ppl
·      1992 1 for 300 ppl
·      2006- 1 for 200 ppl
·      probation rates has increased dramatically since 1980 over 3 million figure
·      prison rate has increased around 1 million figure
·      parole and jail has slow increased ½ mill figure
Prison Growth
·      12 prisons 1 every 11 years
·      16 prisons 1.6 every year
·      5 prison ever years
·      most prisons are overcrowed in California
·      most are greater than 150%
·       security and health is jeoardize

Auburn prison system v. Pennsylvania

design?

characteristics?

advantages?

disadvantages?

popular in US v. Europe?

Pennsylvania Model- Quakers, solitary confiment (+), isolation (+), only saw the guards. Popular in Europe. Hub in the middle spokes out from center.

Auburn Model- Talk (-), congregate (+), Corporal punishment (+) worked in day. Silent night rule. Popular in US

women prisoners

issues?

cause and effects?

• women crime (+)
• few women prisons
• expensive 
• women -> maternal..children?
• 1 dependent child for every 2 women in prison

Elderly prisoners

issues?

causes?

effects?

Incorporation

what is it?

why is it necessary?

Under the incorporation doctrine, most provisions of the Bill of Rights now also apply to the state and local governments, by virtue of the due process clause of theFourteenth Amendment of the Constitution.process by which American courts have applied portions of the U.S. Bill of Rights to the states. Protects right of citizen of the U.S. 

The 14^th amendment is usually used to incorporate the Bill of Rights (and "we shall not")

Declaration of Independence 

(declaration of war, list of abuses of crown that would form core of Bill of Rights)

US Constitution

Right to councel

which amendments?

• 6th amendment- Right to council
• 14th amendment- "lack of council"

Right to council

traditional interpretation?

Right to council

extended to states in capital cases in what case? (some details)

Betts v. Brady- asked for attorney. Rejected. Supreme Court said 14 th amendment violation

Gideon v. Wainwright- Broke into a pool. Stole cigg. Gets arrested, tried, asked for attorney. Lack of council. Wrote letter to Supreme court.

Brown v. Missippi- debate over right to council. Didnt incorporate 5th amend fully.

Right to council

extended in felony case in what case (details)

Right to council

Most recent focus in this area has been on what?

·      Ability to determine effective or ineffective

Right to council

How Miranda ties in here as well protections against self-incrimination?

traditional interpretation?

·      State case

·      Police must convety to the arrestee that they have some rights

·      He was deny certain rights

protection of the 5th amendment

ignored 14th amendment "shall not" , due process clause

note working regarding witness.

when can a person be compelled to testify against their interest, applied to states regarding physical coercion (case details)

Seems vagues it does not state it correctly.

Spano v. NY 1959

·      Corporation Case

·      Mr. Spano drops out of jr. high

·      Gets into a bar fight w a professional boxer

·      Gets beat up

·      Goes home gets a gun and murders the boxer

·      He had a police friend

·      Hires an attorney

·      Interrogate Spano with out letting his attorney in.

·      Tried to force a confession with out attorney.

·      Psychological Corrision prohibited to states

·      They put stress on Spano

·      Police Trickering v. Psychological Corresion

·      Psychological Cohersion

o   Knew he was young

o   Inexperienced

o   Subjected to leading questions

o   Vast majority that went on and on

o   Question through long periods of time and night

o   Ignored his request for council

o   Violated his 5^th amendment right

What is psychological coercions?

(case details, how to decide between psych coercion and acceptable trickery?)

sometimes this applies to spouses- when?

• Spano v. NY
• Psychological coercion- ncludes theories of mind control, thought control, or a brainwashing claim that a person's mind can be controlled by an outside source. A confession is involuntary when coerced by psychological pressure
• police trickery- 

·      State case

·      Police must convety to the arrestee that they have some rights

·      He was deny certain rights

Search and seizure protections

protections agianst 'unreasonable' searches, seizures, 

1.   Consent

2.   Valid Arrest ( search for weapons, evidence)

3.   Loss of evidence

·      a police officer has no right to search his vehicle unless he/her has a warrant

1. consent

2. valid arrest

3. loss in evidence

4. Hot Pursuit

5. Plain View

6. Exigent circumstances

7. Inevitable discovery- found evindence unconstitutional but act as if if never happen and try to obtain a warrant. The evidence could had been found w/o search warrant.

8. Good faith- might be very tempting for a police officer to exaggerate conditions to judge in order to get a warrant.

9. Place searches- places with low level of priacy- open fields, international borders, what is a reasonable for search?

balance between individual right and society's needs to control crime

(due process v. crime control)

due process- all amendments are applicable to states

crime control- 

1. The repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society.

2. Criminal justice should concentrate on vindicating victims' rights rather than on protecting defendants' rights.

3. Police powers should be expanded to make it easier to investigate, arrest, search, seize, and convict.

4. Legal technicalities that handcuff the police should be eliminated.

5. The criminal justice process should operate like an assembly-line conveyor belt, moving cases swiftly along toward their disposition.

6. If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of police and prosecutors is highly reliable.

7. The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused.

conservative movement during Rehnquist Court redefining 'reasonalbe' search.

courts juridiction not applicable to abortion.

Wolf v. Colorado

took the note book away where abortion was evident. 

·      Explanation of 6^th amendment (right to council)

·      Asked for attorney

·      Judge rejects

·      Case makes it up to Supreme Court

·      14^th amendment mentions “lack of council” which was unfair case

·      14^th amendment applicable

·      Debate over right to council

·      Most time supreme court will say it was a fundamental error but not a constitutional error.

·      They didn’t incorporate the rest of the 5^th amendment. (idicment, corporation etc)

United States Supreme Court case that ruled that a defendant's confessionsthat is extracted by police violence cannot be entered as evidence and violates the Due Process Clause.

·      Florida case

·      Guy arrested for breaking into a pool place

·      Steals ciggarates, vending machines etc.

·      Homeless gets arrested first suspect used to wonder the streets

·      Gets arrested

·      Goes to trial

·      Asked for attorney

·      Theres a debate about wether Gideon was guily because lack of council

·      Gideon 5^th grade drop out

·      Went to prison library wrote a letter to Supreme court

·      The question was how but does the representation have to before it is an unfair case

rights go with a person.

You are not always protected just because you are in your house.

·      Supreme court said rights to privacy go with the person

·      Don’t go with material

·      Protecion is for the individual

·      Overturned didn’t have a warrant

Drug trafficker case

Law enforcement violated kyllo’s right

Had a warrant for another thing (thermal imager)

But ended up searching for other things

Expectation of privacy has changed

·      Classis burden court decision

·      4^th amendment- Search & Seizure

·      she had child pornography

·      police officers go into her house without warrant

·      they give her a unvalid paper

·      she chubs it insider her breast

·      tackle her down

·      they continue the search

·      find the evidence and charge her

·      Exclusionary clue

Scottsboro Case 

(Powell v. Alabama)

·      The train case

·      African Americans got accused of rape by white

·      8 boys

·      2 females accused them of rape

·      taking to trial

·      all acussed of rape

·      penalty for rape = death roll

·      case escalate up the system to supreme court

·      1 of the females dropped her testimony said there was no rape involved

·      American Communist Party rallied up for inequality

·      Corporation Case

·      Mr. Spano drops out of jr. high

·      Gets into a bar fight w a professional boxer

·      Gets beat up

·      Goes home gets a gun and murders the boxer

·      He had a police friend

·      Hires an attorney

·      Interrogate Spano with out letting his attorney in.

·      Tried to force a confession with out attorney.

·      Psychological Corrision prohibited to states

·      They put stress on Spano

·      Police Trickering v. Psychological Corresion

·      Psychological Cohersion

o   Knew he was young

o   Inexperienced

o   Subjected to leading questions

o   Vast majority that went on and on

o   Question through long periods of time and night

o   Ignored his request for council

o   Violated his 5^th amendment right

·      Performed illegal abortions (1940’s)

·      One of the police officers go to his office and one of them takes on of his notebooks

·      They found many coded notes

·      Convicted

·      Most of the women where pregnant and cambe back out with out kids

·      Supreme Court said 4^th amendment applied

due process- all amendments are applicable to states

crime control-

1. The most important function of criminal justice should be to provide due process, or fundamental fairness under the law.

2. Criminal justice should concentrate on defendants' rights, not victims' rights, because the Bill of Rights expressly provides for the protection of defendants' rights.

3. Police powers should be limited to prevent official oppression of the individual.

4. Constitutional rights aren't mere technicalities; criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process.

5. The criminal justice process should look like an obstacle course, consisting of a series of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the factually guilty.

6. The government shouldn't hold a person guilty solely on the basis of the facts; a person should be found guilty only if the government follows legal procedures in its fact-finding.

1. The repression of crime should be the most important function of criminal justice because order is a necessary condition for a free society.

    

2. Criminal justice should concentrate on vindicating victims' rights rather than on protecting defendants' rights.

3. Police powers should be expanded to make it easier to investigate, arrest, search, seize, and convict.

4. Legal technicalities that handcuff the police should be eliminated.

5. The criminal justice process should operate like an assembly-line conveyor belt, moving cases swiftly along toward their disposition.

6. If the police make an arrest and a prosecutor files criminal charges, the accused should be presumed guilty because the fact-finding of police and prosecutors is highly reliable.

7. The main objective of the criminal justice process should be to discover the truth or to establish the factual guilt of the accused.

• followed a pennsylvania and auburn model
• courses in ethics, religion
• vocational training
• high discipline
• corporal punishment
• 3 grade levels from good to bad

what case incorporated 4th amendment

what case incorporated exclusionary rule (case details)

Mapp v. Ohio

·      Classis burden court decision

·      4^th amendment- Search & Seizure

·      she had child pornography

·      police officers go into her house without warrant

·      they give her a unvalid paper

·      she chubs it insider her breast

·      tackle her down

·      they continue the search

·      find the evidence and charge her

·      Exclusionary clue