An absolute ability to identify all law violators

Apprehend all law violators

Punish all law violators

Absolute knowledge of intent (mensrea)

Inidivudals who are guilty and escape punihsment

Innocent individuals are punished

Normative or subjective errors- individuals who are guilty and punished too severely

Not punished enough

The 3 procedural practices:

Unfounding, Founding, Defounding

What is deviance?

Who are the deviants?

Deviance : deviance is a two-edged sword of equivalent positive and negative values.

"Deviants" tend to be all - encompassing label, but deviants cannot be classified or categorized because:

a) noe one is deviant in all aspects of their lives

b) we are all deviant in the different aspects of our lives

UCR (uniform crime report)

Victimization surveys

What is plea bargaining?

What are the two types of plea bargaining?

Lowering/reducing severity of sentence

Horizontal plea bargaining: to reduce the number of charges (could be charged wiht 10 things, drop it to just one)

Vertical plea bargaining: reduce the level/severity of the charge (swallow the gun, armed robbery to just robbery)

criminoloy, like medicine, assumes conformity and seeks to explain deviance.

Perhaps we should assume deviance and explain conformirty

Level 1: fear of punishment (we adhere to this model) - short term (ex. press on brakes when cop approaches, speed up when they go away)

Level 2: promise of reward - still temporary (ex. want to get an A in a class, so you attend lecture, do things because we want something in return)

Level 3: - altruistic motivation (highest level) - long term

(ex. you do what is right because of what is inside of you).

What do social contract theorists say, in general?

Who are the social contract theorists?

Social contract theories: break away from church - the state punishes

There is a contract, which we the citizens make with the rules. We agree to abide by the rules.

Theorists: Hobbes, Locke, Rousseau, Voltaire

Hobbes - King should punish severely, people are evil (crime control)

Locke, Rousseau, Voltaire - the state punishes too hard, people are basically good (Due process)

Who proposed the Radical Criminology Theory?

What does this theory say?

Richard Quinney

"Captialism is the root of all crime and needs to be abandonded as an economic system"

Advocated for a class-based revoluation for change

Neo-Classical Theory - who proposed this?

What does this theory say?

James Q. Wilson

There is crime because the state lacks certainity and severity in its punishment devliery systems. Crime is to be prevented through fear of receving sanctins. There are some costs (innocent punished), but we must avert chaos and maintain security, and these are the necessary and acceptable collateral consequences. Similar to older Classical Theorists.

For detterence to work,  you need:

Swiftness - must be punished in a timely fashion

Certainty - need to be certain you will punished - key element

Severity - punishment must fit the crime

Clarity - have to know what the laws and consequences are

- greater the severity of the punishment, the less likely it will be administered, but themore likely it will be administered in a biased fashion (ex. death penalty)

- the lower the severity of the penalty, more likely to be administered, and less likely it will be administered in a biased fashion (ex. parking ticket).

Also known as broken windows theory.

Hot spots. Crime is found in certain neighborhoods...(tumors)

need to rehabilitate the community and provide economic opportunities

Describes middle to upper class crime (describes white collar crime)

relative deprivation

keeping up the Joneses mentality

Culture conflict- may be seen as normal in one culture, but  not in a different one. (ex. assault acceptable during sports, etc. people don't really understand this)

Sub-cultural conflict- conflict between subcultures. (ex. Abortion, anti-aboration groups)

Hirschi - what keeps people from violateing the law? most people engage in legitmate behaviors most of the time

Bonds: ties to conventional soceity - church, school, family- the tighter our bonds, the less likely we will commit crimes.

-needed these bonds throughout our lifetime

tipping point theory

labeling theory

-we tend to behave in the ways we are expected to behave

-behavior is the result of internalized expectation

things seen to happen for no reason;appears to be chaos

there is a reason, we just dont know what it is yet

Felony (typically 1 year or more in prison)

1 (most serious)

2

3

4

Misdemeanor (typically less than 1 year in jail)

1

2

3

4(least serious)

5% - shred

20% - reasonable suspicion

33% probable cause

51%-preponderance

67% clear and convincing

90%- beyond reasonable doubt

What level is needed for an arrest?

What level is needed for searches (2)?

What level is needed for a convictin in a criminal court?

What level is needed for a convinctin in a civil court?

What level is used in some bail cases?

1) Probable cause

2)probable cause, reasonable suspicion

3) beyond reasonable doubt

4)preponderance

5)probable cause

What does corpus delecti mean?

What are the 3 parts of the corpus delecti for a criminal conviction?

Corpus Delecti - body of crime

1) Actus Reas

commision-movement, verbal, possession

Omission- failureto act when we had a legal duty to do so

2) mensrea

intent level

3) reasonable man test

Commission - movement, verbal, possesion

Omission - failure to act when we had a legal duty to do so

General Negligence

Recklnessness

general intent

specific malice

pre-meditation

Negligence - driving, not drunk, not speeding, trying to control the kids, accidentally hits someone on road, not paying attention

Recklessness - driving drunk, speeding, hit someone

not abiding by rules, out of control, behaving recklessly

General intent :  see someone, want to mess with someone, didn't mean to kill her, just scar eher, but kill her in the proces

Specific malice/maliciousness - chasing someone on road, going after someone (bar fights maybe)

Pre-meditation - specific person in mind, premeditate crime, know she will ride past point in the road, planning to kill her

What level do you need for a 1st degree murder conviction?

What about any other felony?

What about any misdemeanor?

1st degree murder = pre-meditation (at 90%)

any other felony= needs at least specific malice

any misdemeanor = general intent

Important!!! : these are all the minimum levels/just need to be at least that level!!

last 2 deal with civil law in most cases

need to show negligence for compensation (at 51% this time)

need to show recklessness for damages + punitive damages (still 51% in civil case)

an individualis not liable in a criminal court for remote, unforeseeable, or indirect consequences which a reasonable person would not have forseen as liekly to have flowed from the act.

There is a liablity for the direct results of the act, but a diminshed/no crminal liability for remote, unforeseeable, or indirect consequences.

note: civil trials do not have reasonable man test.

Traditional definition : the unlawful carnal knowledge of a woman by force without consent.

Rape is severely underreported.

the breaking and entering into the dwelling of another with the intent to commit a felony

just breaking the plane- no matter how slight

What is mandamus?

What is injunction?

mandamus: court order mandating action

injunction: order to stop an action

if you wish to break the law with impunity, become the law. (hitler, Stalin, marcos, etc.)

those who make the laws are far more danergous to us than those we lock away

declare certain acts illegal

establish penalties

substantively create the justice system

establish the process/the legal procedures

outline the legal rights

finance the system

cite and release

arrest

Police station process

Booking (name, information, etc)

interrogation

line up identification (people who are like you)

mugging (pictures, finger prints)

inventory (your items are written down)

Station house bail (police can release you, formal release

Contact an attorney

police administration decision

County attorney/ district attorney - prosecutor

probable cause vs beyond reasonable doubt (they will be looking down the line to see fi they can get 90% at the trial)

2/3 never filed -dismissed

What is step 5?

Where does it take place?

Minor Trial Court (county court)

without unnecessary delays (24-48 hours) just needs to start this process

Habeas Corpus right. (why do you have my body? told why you are being held)

Court procedures (think of it like you weregoing through the steps)

1. charges are formally levied by the prosecutor with the court

2. charges and potential penalties are communicated by the court to the defendant.

3. rights are communicated and fulfilled.

4. a plea is entered

Different pre-trial release/ bail options

1)bond yourself out- (traditional model) money or 2X in propety ((Will get money back minus an adminstractice fee (even if foud guilty)))

2)bail bond agent - give them money - 10-15% - they will go to court, put u p money and then get that money back

3) 10 percent system - must put up 10% of the money (get 90% back of the 10%)

4) ROR/PTR bond/pre-trial release, release on recognizance - no financial ties

social points (job, family, car, past record, ties to community

What is step 6?

  Where does this take place?

Who can present evidence?

Preliminary hearing

Minor trial - try to convince the judge there is probable cause

minor trial court/county court

no jurors

state presents evidence/defense cannot (defense may cross-examine)(looking to get to probable cause) (trying to get a plea bargain!)

What are the two ways the state may present their evidence at a preliminary hearing?

When is each way used?

1) Shred- show just enough to get probable cause

2)shot gun- throw all evidence out at the defense, all witnesses to try and scare the defense (suaully used by an experiences prosecutor to a relatively inexperienced defense attorney)

A judge will issue a bindover for the case, stating that the case has at least probable cause.

if this doesn't happen, what might take place?

Defendant walks - released

Complaint may be re-filed

Prosecutor may file different charges (other charges from same offense)

prosecutor can say there is probable cuase present to push case on

12 to 23 citizens.

meet in prvate

prosecution or grand jury apppointed prosecutor presents evidence

witnesses testify

probable cause

1) bind over from judge

2) writ of information from prosecutor

3)grand jury -indictment or true bill

What is step 7?

Where does it take place?

What step is it almost identical to?

same as intial appearane..except held in major trial court.

court procedures

1) charges are fomrally levied by the prosecutor with the court

2) charges and potential penalties are communicated by the court to the defendant.

3) rights are communicated and fulfilled

4)a plea is entered

5) a dicisin is made as to the next step

6) bail is considered.

1) Continuance - ask to delay, benefits defence

2)change of venue - location of trial, bring in jurors from another jurisdiction

3)discovery hearings- defense has the right to look at whawt is in the Prosecutors file - to file with the court, need to pay money

4) evidentiary hearings - invoke the ex

clusionary rule (evidence illegally seized cannot be used in court)

step 9- the trial

A) Judge or Jury?

B) jury selection process- what is this called?

What is a dismissal for cause?

What is preemptory challenge?

voir dire or jury empanelling process

1) dismissals for cause-unlimitd (relations, biases, etc).

2) pre-emptory challenges - usually around 3 (no reasoning needed)

*remember they are just trying to sit a fundamentally fair jury.

rememver things that happen first and last and forget the middle

favors the state! but state needs to get that 90% standard of proof (to prove guilty)

*odds convicted 2/3 by jurors, bench trial about 85%, overall, 75% chance of conviction at trials.

judges are more likely to convict.

1)waiting period (5-7 years)

2)behavioral requirements (not break any new laws, etc.)

3)judicial branch

4)automatic