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PA 241 Exam 1 With Complete
Solution
U.S. Patriot Act - ANSWER -Restricts liberty by expanding gov't authority -"sneak and peek", "fed. DNA registry", email -2015 fight over USA Freedom Act USA Freedom Act - ANSWER a U.S. law enacted on June 2, 2015 that restored in modified form several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists. Biggest change is the requirement that all communications companies must provide call data to NSA. HOWEVER, it does mandate that communication companies must retain this data and provide specific data with proper court authorization Emile Durkheim (1800's) - ANSWER - sociologist that was interested in why things are the way they are.....suicide, social meaning of labels, crime Crime is normal! Crime is functional! What do laws do? - ANSWER -Maintain order -Regulate human interaction -Enforce moral beliefs -Define economic environment -Enhance predictability -Support powerful -Promote orderly social change -Identify wrongdoers, redress wrongs -Delineate punishment
Natural Law - ANSWER Sup. Ct. Justice Thomas, Locke, Rousseau
- Some laws are basic and fundamental to human nature
- These laws are discoverable by human reason without reference to legislative or judicial decisions.
- Fundamental moral principles underlie all legal systems.
- Governments cannot infringe or deny these. What are these basic moral principles? (Natural Law) - ANSWER 1. Freedom of worship, voice in gov't, right of property
- English Bill of Rights 1689; Declaration of Independence 1789; Basis for Bill of Rights 1791; United Nations Declaration of Human Rights 1948 Problems with Natural Law tradition? - ANSWER 1.Rationality 2.Equality 3.Complexity of society impinges upon natural law precepts. 4.Should focus be individual or social contract made up of individuals. Positivist School - ANSWER Darwin, Comte, etc.
- Behavior is deterministic A. What does this mean for individuals?
- Types of positivism
- social, psychological, biological -
- implications?
- Find regularities through scientific investigation.
- What does the data tell us? Problems of positivist school - ANSWER 1. How to target causes
- Individual vs. societal
- Adopts government definition of crime
Symbolic politics Problems for Critical Perspectives - ANSWER 1. How does crime begin?
- Assumes coordination (look at system)
- Fostered rehab, did it work or backfire? (net widening) Examples of Legal Doctrine - ANSWER Roman Law Common Law Magna Carta 1215 A.D. Natural Law U. S. Constitution Commonality of rights to life, liberty and property. What does this mean for us today? Roman Law - ANSWER Code of Hammurabi 1750 B.C.
- Property rights and gov't limitations Common Law - ANSWER unwritten custom
- Mala-in-se - "inherently evil" wrong in themselves; or
- Mala prohibita - "legal prescriptions" wrong that society prohibits because they violate natural principles Magna Carta - ANSWER Agreement between King and Barons - restraint of Monarchy and acknowledgment of elite protections Natural Law - ANSWER revelation, intuition, reason but not custom or tradition. i.e. "truths are self-evident" U.S. Constitution - ANSWER rights, powers or limits? Principle of due process --- llp without fairness Issue with the 4th amendment - ANSWER ...secure in persons, h, p & e, against unreasonable searches and seizures...no warrants...but upon probable cause.... particularly describing... Issue with the 5th - ANSWER ...nor shall any person...be twice put in jeopardy...nor be compelled to be a witness against himself....nor be deprived of llp, without due process... Issue with the 6th - ANSWER ...speedy and public trial, by an impartial jury...be
informed...of accusations...confronted with witnesses...assistance of counsel... Issue with the 14th - ANSWER ...No state shall...abridge privileges.. .of citizens...nor...deprive any person of llp, without due process...nor deny...equal protection of the laws. (passed 1868) Issue in Marbury v. Madison - ANSWER (1803) judicial review
- Courts determine whether acts of Congress were valid under Constitution... Issue in Hurtado v. CA - ANSWER (1884) ...due process clause of the 14th amendment did not encompass any of the fundamental rights enumerated in the first ten amendments...due process would be determined by the gradual process of judicial inclusion and exclusion... reasonable suspsion - ANSWER specific facts or circumstances leading one to believe crime may have or will occur substantial evidence - ANSWER relevant evidence as a reasonable mind might accept as adequate to come to a conclusion *Administrative reviews probable cause - ANSWER fair probability that contraband or evidence will be found. clear and convincing - ANSWER - it is substantially more likely than not that the thing or issue claimed is true beyond a reasonable doubt - ANSWER Often cited by courts: Conclusive and complete proof, while leaving any doubt as to the innocence or guilt of the defendant; allowing the defendant the benefit of any possibility of innocence. AZ Bar Association: on proof of moral certainty n. in a criminal trial, the reasonable belief (but falling short of absolute certainty) of the trier of the fact (jury or judge sitting without a jury) that the evidence shows the defendant is guilty. Moral certainty is another way of saying "beyond a reasonable doubt." Since there is no exact measure of certainty it is always somewhat subjective and based on "reasonable" opinions of judge and/or jury. Book Inference: A lack of uncertainty. Facts are sufficient to lead a reasonable person to conclude without question that the defendant committed the act for which they are charged. Criminal law - ANSWER (also known as penal law) is a branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order. -Crimes injure not just individuals, but society as a whole. -Punishment for violators of criminal law is
own earlier decisions and by those of higher courts within their jurisdiction.
- Creates predictability in the law.
Public v. Private - ANSWER Civil : vs. Criminal law:
- Private wrong 1. Public Wrong
- Sanction is $ 2. $, Prison, Death
- Individual plaintiff 3. Society
- All can appeal 4. Gov't appeal limits
- Plaintiff gets $ 5. Fines go to state
Similarities:
- Control Behavior
- Impose sanctions
- Common areas of action
- Potential overlap
Two Major Types of Law - ANSWER Substantive Criminal Law Procedural Criminal Law
Substantive Criminal Law - ANSWER defines crimes and punishment
- Common Law, Statutes, Case Decisions
- Administrative Rule Making - FDA, EPA, Parole Boards
- Constitutional Law and limits
- Bills of attainder (punishment w/o DP) Bill of Rights (14th - Due Process - Hurtado vs. CA 1884)
Procedural Criminal Law - ANSWER methods to enforce substantive law.
Rules of evidence, search and seizure, arrest, trial and sentencing, etc.
General Types of Crimes - ANSWER 1. Felonies
- Misdemeanors
- Offenses (infractions)
- Treason and espionage
- Inchoate offenses
Felonies - ANSWER are serious crimes that are punishable by a year or more in prison or by death.
- Convicted felons may lose certain privileges
- States vary with regard to which crimes are considered felonies
- May use a number or letter scheme to differentiate among the varying degrees of severity of felony crimes.
Misdemeanors - ANSWER are less serious crimes that are punishable by up to a year in a local correctional facility.
Most misdemeanants receive a fine and probation.
SAME AS MOTIVE?
Concurrence - ANSWER act and mind come together.
Strict liability offenses - ANSWER are a special category of crime that require no culpable mental state.
The purpose of these absolute liability offenses is to protect the public.
Examples include: Traffic laws Narcotics laws Health and safety regulations
right - ANSWER often defined as an entitlement: For instance, all citizens are entitled to liberty of the person; equality; freedom of movement; freedom of speech, assembly and association; freedom of religion, among others.
Privileges - ANSWER. They can be revoked because they are conditional. Once the intended results have been met, privileges can be taken away but rights are much more difficult to restrict.
Defenses - ANSWER Justifications Excuses Procedural New:
- Abuse - Battered women, child abuse, other stress
- Premenstrual syndrome
- Black rage and urban survival syndrome
Exclusionary Rule - ANSWER Weeks v. U.S. Silverthorne v. U.S. Mapp v. Ohio Spinnelli v. U.S. Illinois v. Gates
Weeks v. U.S. - ANSWER (1914) using U.S. mail for lottery purposes...mail confiscated without a warrant ...convicted...overturned and created ER.
Silverthorne v. U.S. - ANSWER (1920) avoiding taxes. confiscate business books...ER... police photocopy...convicted ...overturned conviction...SC...NEW (FPT).
Mapp v. Ohio - ANSWER (1961) harboring fugitive... bookmaking...search w/o...found porn... convicted...overturned conviction applied ER to state.
Spinnelli v. U.S. - ANSWER (1969) pc-informant...(3 Prongs: veracity, reliability, basis of knowledge)
Illinois v. Gates - ANSWER (1983) pc-informant...drug transportation ...anonymous letter...convicted...affirmed...NEW (TOC).
More on Warrants (clarification) - ANSWER U.S. v. Leon Maryland v. Garrison
U.S. v. Leon - ANSWER pc-informant...warrant issued...convicted...
- Appeal due to lack of pc...overturned by federal magistrate
Criminal Justice Funnel - ANSWER 1000 serious crimes > 500 unreported crimes > so only 500 reported > 400 unsolved crimes > 100 people actuallt arrested:
35 juveniles to court > 30 put on probation or dismissed > 5 remain in the system
65 adults considered for prosecution > 25 dropped > 40 cases accepted > 10 jump bail or abscond > 30 go to trial > 17 plead guilty & 2 found guilty ( 19 sentenced) > 4 go to probation & 14 incarerated
The Value of Data - ANSWER - Shape public policy
- Analyze and evaluate existing programs
- Create new programs
- Plan new laws
- Develop funding requests
Sources of Data - ANSWER - Uniform Crime Reports (also known as the UCR/NIBRS Program)
- National Crime Victimization Survey (NCVS)
- Professional organizations (example: PERF)
- Offender and citizen self-reports
- Other regular publications (example: Sourcebook of Criminal Justice Statistics)
Uniform Crime Reports - ANSWER - The reports began in 1930.
- Data are collected by F.B.I.
- Approximately 16,000 police agencies provide data.
- Only crimes known to the police are
included.
- Law enforcement agencies submit reports voluntarily.
- Until 2006, the UCR presented data in a Crime Index. (In theory, still our best bet)
UCR: Crime Index - ANSWER The Index is made up of Part I Offenses (excluding arson).
Part I Offenses - ANSWER - Violent Crime: murder, rape, robbery, assault
- Property Crime: burglary, larceny, motor vehicle theft, arson
NIBRS: The New UCR - ANSWER National Incident Based Reporting System Incident driven, rather than summary based (note: What is the hierarchy rule?)
- FBI started this program in 1988.
- City, county, state, and federal law enforcement agencies furnish detailed data on crime and arrest activities at the incident level.
- The NIBRS isn't a separate report; it's the new methodology underlying the modern-day UCR system
NIBRS - ANSWER - place of occurrence
- kidnapping
- larceny
- motor vehicle theft
- pornography
- prostitution
- narcotics offenses
- extortion
- bad checks
- vagrancy
- disorderly conduct
- driving under the influence
- drunkenness
- non-violent family offenses
- liquor law violations
- "peeping Tom" activities
- runaways
- trespassing
- general category of all "other" criminal law violations
Crime Rate - ANSWER number of crimes / 100,000 population
Most UCR/NCVS information is reported as a rate of crime
Rates allow for comparison across areas and times.
Major Shifts in Crime Rates - ANSWER Early 1940s — Sharp drop in crime rate as many young men went to WWII.
1960s-early 1990s — Dramatic increase in crime rates as police professionalism and victim reporting grew.
1991-2006 — Significant decline in most major crime rates as funding for crime fighting increase and many embrace a "get tough" attitude. Likely pushed by downward trend in crimes like "crack" use and popularity
2006-on — Violent crime rates starting to rise slowly again pushed by economic uncertainty, more teens, copycat crimes, and social disorganization but have oscillated up to 2014.
Clearance Rate - ANSWER number of crimes solved / number of crimes committed
Clearances are based on arrests, not judicial dispositions.
Part II Offenses - ANSWER Part II offenses are less serious than Part I offenses and include many social orderoffenses, such as:
- Simple assault
- Driving under the influence
Slightly more than 1/3 of all property crime is reported.
Victims are more likely:
- Men
- Younger people
- African American
- City residents
- Lower income (for violent victimization)
Household crime rates are highest for households: - ANSWER - Headed by younger people
- Headed by African-Americans
- With six or more members
- Headed by renters
- Located in central cities
Problems with UCR/ NIBRS - ANSWER - Not everyone reports
- Some crimes are rarely reported
- Victims inaccuracies
- Bureaucratic influences
- Hierarchical counting system
- Contains only data that FBI thinks is appropriate
Problems with NCVS - ANSWER - There is potential for false or exaggerated reports
- False reports may be generated by overzealous interviewers
- Some people won't respond
- Respondents may suffer from faulty memories
- Respondents may misinterpret events
- Hierarchical counting system
- Contains only data that BJS thinks is appropriate
Learned from UCR/ NIBRS/ NCVS - ANSWER - UCR 6% of criminals commit 60% of crime
- NCVS 6 % of victims make up 60% of victimizations
- 80+% of all crime is intra (racial, ethnic, SES, education level)
- Predictive ability, however, is low
Women and Crime - ANSWER Compared to men, women are:
- Likely to be victimized less in every major personal crime other than rape.
- More likely than men to be injured as a result of crime.
- More likely to make lifestyle modifications because of threat of crime.
