CHAPTER FOUR CRIMINAL JUSTICE

CHAPTER OUTLINE I. Crime in America: fighting crime in America has generally been geared toward deterrence, or making the cost of committing a crime so high, that potential criminals opt not to commit crimes. a. Measuring Crime: its not easy to measure. The FBI reports are based on what is reported by cities and states. However, the reporting of crime is based on several factors: willingness to report crimes, adequacy of the reporting systems of states and localities and the amount of crime itself. b. Trends in Crime Rates: crime is no longer at the top of the nations policy agenda. Changes in fighting crime: community policing, three strikes youre out and longer prison sentence are usually seen as reducing the amount of crime we see in the US. (Terrorism: new area of crime, separately reported by the FBI as per the PATRIOT ACT of 2001.) c. Victimization: FBI crime rates underestimate the real amount of crime and there is no way to estimate how many crimes go unreported. Effectiveness of the police to handle crime is usually the reason for underreporting. d. Juvenile Crime: the juvenile system is not set up to deter future crimes. Sentences are lighter, shorter and parole is typically ineffective. e. Nonserious and Victimless Crimes: participation in these types of crimes (prostitution, DUIs, gambling) is seen as victimless because people voluntarily participate in committing these crimes. f. White-Collar Crime: Does not appear in the FBIs index of crime, but this type of crime costs us much more than all other serious crimes put together. Includes: forgery, fraud, perjury (lying under oath), tax evasion and conspiracy to commit white-collar crime. Crime and Deterrence: criminal justice depends on punishment. Criminals must believe that they will be certain in being punished, that they will be punished swiftly, and that the punishment will be severe in order for the system itself to work effectively. a. Social Heterogeneity: theory that in societies that are homogeneous, you have less crime. b. Socialization and Control: theory that the breakdown of family values and the increase in gang behavior loosens the social contract that acts as a deterrent for criminal behavior. c. Irrational Crime: theory that crimes are irrationalthat criminals do not weight the cost of committing an act, thus policy will be ineffective since you can rationalize irrational behavior. d. Deterrence versus Liberty: theory that the American value of individual liberty, thus punishing everyone (which happens in authoritarian regimes), Americans would rather enact policy that seeks to protect the innocent

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from deviant behavior. III. Does Crime Pay? a. Lack of Certainty: data shows very few crimes actually result in jail sentences for perpetrators. (12 million crimes reported annually, 1.7 million arrested) b. Lack of Swiftness: appeals system, and the bail system allow punishment to be delayed for indefinite periods, lessening the blow of punishment. c. The Question of Severity: increases in time served (a policy shift in the 90s), has tripled the amount of people in jails across the country. Sentencing guidelines have also contributed to more people being imprisoned, but evidence shows that rehabilitation does not typically follow these efforts, thus recidivism stays high. d. Deterrence or Incapacitation Police and Law Enforcement a. Police Functions: mostly a local government function. Police are charged with enforcing laws, keeping the peace and furnishing activities. b. Police Discretion: police have discretion in arresting people. c. Community Policing: most policing is reactive (i.e., wait for the call, then go arrest someone), community policing shifts to a proactive stance (active patrols, building trust, etc.), but this method is very expensive. d. Police Crackdowns: only works if the community supports the action. e. Broken Windows: using GIS to determine where crimes are more likely to occur and using that data to make arrests. (One broken window leads to two.has a negative effect on minority and poor areas though) Federalizing Crime a. The Federal Role in Law Enforcement: used to be limited, but now more crimes are categorized as federal crimes (i.e., hate crimes, drug crimes, racketeering) b. Constitutional Constraints: Courts believe that the federalization of crimes have impinged on states reserved powers. c. Multiple Federal Agencies: bureaucratic turf battles, its tough to know the jurisdiction of crimes at the federal level (i.e., hows going to prosecute?) Crime and Guns a. Federal Laws: no interstate or mail-order sales, no sales to felons, sellers must be licensed by ATF, serial numbers must be recorded at time of the sale, no sale of assault weapons. b. The Brady Law: 5 day waiting period to buy a handgun c. Gun Ownership: widespread in the US. d. State Laws: handgun laws are common, license to carry and concealed laws vary across states. Private sales are not covered by Brady only, gun shows are. e. Gun Laws and Crime: no evidence that gun control laws reduce violent crime, nor do laws have an effect on gun ownership. f. The Right to Bear Arms: Pro: second amendment- right to bear arms shall

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not be impinged. Against: the second amendment should be interpreted as the collective right to bear arms, not the individual right to. VII. The Drug War a. Drug Use: is lower than in the 60s and 70s, but has crept upwards since the 90s. Marijuana is the most used. Debate regarding whether pots should be classified as a harmful drug. NORML contends that criminalization leads to an environment of criminal activity, which waste criminal justice resources. Cocaine use is not regarded as physically addictive, but rather psychologically addictive. Crack cocaine laws are seen as punishing minorities much more that whites, even though whites use cocaine at the same rate as minorities smoke crack. Heroin use is rare. b. Drug Trafficking: huge profits allow for traffickers to corrupt local law enforcement. c. Interdiction: trying to stop drugs from reaching our shores. d. Education: trying to educate people of the effects of drug use e. Enforcement: sentences have been lengthened for drug violations. f. Treatment: drug courts and rehabilitation have been mixed at combating drug use. g. Legalization? What should we be doing here? Crime and the Courts: do the courts protect defendants too much? a. Insufficient Evidence and Dismissal: of all felony charges are dropped because of insufficient evidence. b. Unreasonable Searches and Seizures: individuals are protected by the 4th amendment against unreasonable searches. Policy must have probable cause. c. The Patriot Act: expanded to powers of the feds to survey, search, seize and detain terror suspects. No probable cause is required, only an assertion that the crime is connected to terrorism. The Foreign Intelligence Surveillance Court (created by the PATRIOT Act) issues warrants for wiretapping and searches of records. d. Self-Incrimination and Right to Counsel: originally intended to protect people for confessing under torture. Now taking the 5th is used widely by defendants to protect themselves as juries are instructed not to interpret taking the 5th as an admission of guilt. e. The Exclusionary Rule: illegally obtained evidence cannot be used in court. f. Pleas Bargaining: allows for defendants to negotiate shorter, less sever sentences for an admission of guilt. RICO versus Liberty: allows the DOJ to seize money and property of people suspected of crimes. a. Criminal Forfeiture: feds can seize things they believe were involved in criminal activity. b. Cause and Burden of Proof in Seizures: RICO allows the feds to seize

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property before the admission of guiltprobable cause can lead to seizure. c. Reform: RICO has been adjusted and the seizure standard has been strengthened in recent years. X. Prisons and Correctional Policies a. Rising Prison Populations: What do we do about this? b. Failure of Rehabilitation: What do we do about this? c. Failure of Probation: Is probation effective? d. Failure of Parole: Does post-release supervision decrease crime or not? Capital Punishment: Is this just? a. Prohibition on Unfair Application: Courts previously ruled that Capital Punishment violated the 14th and 8th amendments (cruel an unusal punishment and due process and equal protection)i.e., more minorities are killed using death sentences. b. Death Penalty Reinstated: in 1976 and 1972, the court reversed this decision and states have individually reinstated the death penalty. However, the mentally retarded are not allowed to be executed under federal law. c. Racial Bias: White victim= greater chance for death penalty. d. Executions: death row= delay, delay, delay, appeal, appeal, appeal. When is enough, enough? e. Moratoriums: wrongful execution can lead to stays. f. Deterrent Value: Does the death penalty have a deterrent effect?

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