Principal of Law
Chapter 1
Notes
What Is Crime?
An act proclaimed by law as a wrong against society and, if committed under certain circumstances,
punishable by society.
The Consensus Model
Assumes that a diverse group of people have similar morals and share an ideal of what is “right” and
“wrong.”
Crimes are acts that violate this shared value system and are deemed harmful to society
Violent crime
Crimes against persons, which dominate our perspectives about crime.
Four general categories
Murder
Sexual assault
Assault and battery
Robbery
Property crime
Most common form of criminal activity during which the goal of the offender is some form of economic
gain or damaging of the property.
Four general categories
Larceny / Theft
Burglary
Motor vehicle theft
Arson
Public order crime
Often referred to as victimless crimes as they only harm the offender
High-tech crime
Newest typology of crime, directly related to increased use of computers in everyday life
Cyber crimes against persons and property
Cyber crimes in the business world
Cyber crimes against the community
Three goals of the modern criminal justice system
To control crime
To prevent crime
To provide and maintain justice
Law enforcement
State law enforcement
Only state without a state law enforcement agency is Hawaii
Two general types of state law enforcement agencies
State police
Highway patrols
Other state law enforcers include fire marshals and fish, game, and watercraft wardens
The Courts
Dual court system with two independent judicial systems
Federal level
State level
Fifty-two different court systems
One for each of the fifty different states
Trial courts at local and state levels
Intermediate courts of appeals
State supreme courts
Corrections
Probation is the most common correctional treatment allowing the offender to return to the community
under supervision
The most frequent type of release from jail or prison is parole
The “wedding cake” model of criminal justice
Discretion comes to bear depending on the relative importance of a particular case
“Top” layer consists only of a handful of celebrity cases
Second layer consists of “high profile” felonies
Third layer consists of “ordinary” felonies
Fourth layer consists of misdemeanors
Which model prevails today?
When crime rates are high, the justice system responds by favoring crime control values
Criminal Justice Today
Gun Sales and Gun Control
30,000 people are killed by gunfire each year
Illegally obtained firearms pose a series concern for law enforcement
1/3 of American households legally possess at least one gun
The debate over gun control continues as the Second Amendment is analyzed
Illegal Drugs
Crack cocaine blamed for explosion of violent crime in 1980s and 1990s
Intense wave of violent crime related to wars between Mexican drug cartels
U.S. government estimates that Mexican drug cartels supply drugs to 230 American cities
War on drugs refers primarily to psychoactive drugs, which a significant number of Americans regularly
use
The Homeland Security and the Patriot Act
The ultimate goal is to protect American from terrorism
This has led to politicians and police officers to favor the crime control model
The Patriot Act was passed six weeks after the 9/11 attacks
Chapter 2
Causes of Crime
Theory in Criminology
Theory
An explanation of a happening or circumstance that is based on observation, experimentation and
reasoning.
A hypothesis
A possible explanation for an observed occurrence that can be tested by further investigation.
Exploring the Causes of Crime
Punishment has four goals
To prevent all crime
When it cannot prevent crime, to assure that the offender will commit a lesser crime to avoid
punishment
To give the offender an incentive not to harm others in the pursuit of crime
To prevent crime at the least possible cost to society
Positivism
Cesare Lombroso
was an Italian criminologist, physician, and founder of the Italian School of Positivist Criminology.
Known as “Father of Criminology.”
November 1835 - October 1909
Lombroso asserts criminals do not have free choice when it comes to offending, their criminality is
determined at birth
Hormones and Aggression
One trait theory states that biochemical conditions can influence criminal behavior
Criminal behavior in males can be linked to the hormone testosterone
Aggressive behavior might also be related to neurotransmitters in the brain
Sociological theories
Indicate that crime is the result of social conditions in a person’s environment
Social disorganization theory
Clifford Shaw and Henry McKay studied high-crime neighborhoods in Chicago
and found these “zones” were characterized by “disorganization”
Strain theories
Strain theories contend that those who are disadvantaged because of poverty or other
factors such as racial discrimination are more likely to commit crimes because other
avenues of “success” have been closed off.
Learning theory
Popularized by Edwin Sutherland and his theory of differential association
Sees crime as learned behavior, where the “teacher” is usually a family member or a
friend who exposes the “student” to criminal behavior
Control theory
Hirschi’s control theory suggests that social bonds promote conformity
All people have the potential to commit crimes, most are dissuaded because they care
about the opinions of family and peers
Labeling theory
Contends that if someone is labeled “delinquent” or “criminal” by authority figures, there
is a better chance that person will consider himself or herself as such and continue the
criminal behavior
Society creates crime and criminals by labeling certain behaviors
Social conflict theories
Capitalism is seen as leading to high levels of violence and crime because of the disparity of income it
encourages
Social reality of crime suggests that laws reflect only the values of the segment of society that has
achieved power and is willing to use the criminal justice system as a tool to keep that power.
Propose a general theory of crime
Believe that criminal behavior is linked to “low self-control,” a personality trait that is formed before a
child reaches the age of 10 and can usually be attributed to poor parenting
Risks of victimization
Anyone can be a victim of crime
Theory suggests three things are needed for victimization to occur
A likely offender
A suitable target
The absence of a capable guardian
Low-self-control may be related to both criminality and victimization
Link Between Drugs and Crime
Control theory suggests that drug use is the result of a lack of social control
Link Between Drugs and Crime
The Drug-Crime Relationship
More than 2/3 of jail inmates are tested positive for illicit drugs when apprehended
There are three models which explain the relationship between drugs and crime
The systemic model suggests that violence is a by-product of the drug community
Models of Addiction
The medical model of addiction states that addicts are not criminals, but mentally and physically ill
individuals
Criminology from Theory to Practice
Criminology can play a crucial role in the criminal justice system
Research established the idea of the chronic offender
Shows that a small group of offenders (6 percent) are responsible for a disproportionate number of
violent crime.
Chapter 3
Defining and measuring crime
Classification of Crimes
Two categories of law distinguished by their primary goals
Criminal
Civil
Civil law
Includes all types of law other than criminal law
Concerned with disputes between private individuals and between entities
Proceedings in civil lawsuits are normally initiated by private individuals (plaintiff v. defendant)
Disputes may involve terms of a contract, ownership of property, or an automobile accident
Guilt and responsibility
A criminal court determines if a defendant is guilty of the criminal offense he or she has been charged
with
A civil court is concerned with assigning responsibility (liability) for the plaintiff’s injury or loss
Burden of proof
The burden of proof in criminal court is beyond a reasonable doubt, a much greater standard than what
is applied in civil court
The burden of proof in civil court is preponderance of the evidence
Felonies and misdemeanors
Capital offenses—maximum penalty is death, or life without the possibility of parole.
First degree felonies—maximum penalty is life imprisonment
Second degree felonies—maximum is ten years imprisonment
Third degree felonies—maximum of five years imprisonment
State jail felonies – maximum of two years
Degrees of murder—specifics vary from state to state
Murder in the first degree—when the crime is premeditated and deliberate
Voluntary manslaughter occurs when the intent to kill was present, but malice was lacking.
Involuntary manslaughter occurs when the actions of the defendant were careless, but there was
no intent to kill
Class A misdemeanors—offenses punishable by thirty days to a year in jail
Class B misdemeanors—offenses punishable by fewer than one hundred eighty days in
jail
Class C misdemeanors—punishable only by a small fine not to exceed $500.
Mala in se and Mala prohibita
Mala in se
Considered wrong even if there were no law prohibiting it
Said to go against “natural laws”
Against the “natural, moral, and public” principles of society
Examples include murder, rape, and theft
Mala prohibita
Refers to acts that are considered crimes only because they have been codified as such
through statute
“Human-made” laws
Considered wrong only because it has been prohibited; it is not inherently wrong
Definitions can vary from country to country or state to state
Examples include speeding and loitering
The Uniform Crime Report
Uniform Crime Report (UCR) released each year since its inception in 1930 as an attempt
to measure the overall crime rate in the United States
The UCR is produced by the Federal Bureau of Investigations (FBI)
UCR is reliant upon the voluntary participation of local law enforcement agencies, with
three measurements
Includes data collected from 17,500 policing agencies each year, including:
Number of persons arrested
Number of crimes reported by victims, witnesses, or police themselves
Number of officers and support law enforcement specialists
There are eight Part I offenses
Criminal homicide
Forcible rape
Robbery
Aggravated assault
Burglary
Larceny/theft
Motor vehicle theft
Arson
Part II offenses
Those crimes that can be designated as either felonies or misdemeanors
Measured only by arrest data
Occur five times more often than Part I offenses
The UCR: A Flawed Method?
Not all crime is reported, and therefore reflected in the UCR
Police agencies may underreport crime
Offenses may not be consistently defined from agency to agency
NIBRS
The National Incident-Based Reporting System (NIBRS)
Department of Justice began seeking ways to improve its data-collecting system in 1980s
Local agencies collect data on each single crime occurrence within twenty-two offense categories
Alternative Measuring Methods
Victim surveys
An alternative source of data collection attempting to avoid distorting influences of local police agencies
Victims are asked directly about their experiences of crime, using techniques of mail or phone surveys.
Dark figure of crime is the actual amount of crime that occurs in the country
Self-reported surveys
Form of data collection, in which persons are asked directly through personal interviews or
questionnaires, or over the telephone, about specific criminal activity to which they may have been a
party.
Crime Trends Today
Age and Crime: The Peak Years
During the 1970s there was a sharp increase in the youth population
The strongest statistical determinant of criminal behavior appears to be age
Criminal behavior peaks in the teen years
Crime and the Economy
The 1970’s were a difficult period for the American economy
High unemployment rates and falling wages contributed to the crime increases of that decade
Drug Wars: Crime in the 1980s
The impact of crack cocaine
young, low-income males recruited into the drug trade
increase in firearms and handgun related offending
Since the 2000s, crime rates have been “impressively flat”
Crime, race, and poverty
Ethnicity and crime
Race refers to physical characteristics while ethnicity refers to national or cultural background
There is often a distinct lack of data regarding ethnicity and offending.
Chapter 4
Inside Criminal Law
The Conception of Law
Law consists of enforceable rules governing relationships among individuals and between individuals
and their society
Some sources of modern American law can be found in the rules of ancient societies including
Hammurabi’s Code, the Mosaic Code of the Israelites and the Code of Justinian
Written Sources of American Criminal Law
Common law was uncodified
American criminal law is codified, or written down and accessible to all
American criminal law is also referred to as “substantive” criminal law, and is available in several written
sources
Statutory law
Body of law enacted by legislative bodies
Federal statutes are laws enacted by the U. S. Congress
State statutes are laws enacted by state legislatures
Ordinances passed by cities and counties
Until mid-twentieth century, state statutes were inconsistent
In 1952, the American Law Institute began to draft a uniform penal code
First Model Penal Code was released ten years later and defines the general principles of criminal
responsibility and codifies specific offenses
Administrative law
Rules, orders, and decisions of regulatory agencies
Disregarding certain laws created by regulatory agencies can be a criminal violation
The Purposes of Criminal Law
Protect and punish: the legal function of the law
Primary function is to maintain social order by protecting citizens from criminal harm
Maintain and teach: the social function of the law
The Elements of a Crime
Criminal law requires that the corpus delicti, “the body of the crime,” be proved before a
person can be convicted of wrongdoing
Corpus delicti can be defined as “proof that a specific crime has actually been committed
by someone”
Mental state: mens rea
Guilty intent or requisite intent
The categories of mens rea
A defendant has purposely committed a crime when he or she desires to engage in
certain criminal conduct or to cause a certain criminal result
A defendant has knowingly committed an illegal act when he or she is aware of
the illegality, believes the illegality exists or suspects the illegality, but fails to do
anything to dispel his or her belief
Criminal negligence involves the mental state in which the defendant grossly
deviates from the standard of care that a reasonable person would use under the
same circumstances
Recklessness is “consciously disregard[ing] a substantial and unjustifiable code”
Accomplice liability
Under certain circumstances, a person can be charged with and convicted of a crime that
he or she did not commit
Occurs when the suspect has acted as an accomplice to a crime
To be found guilty as an accomplice, suspect needs to have “dual intent”
Causation
A link between the act and the legal definition of the crime
Criminal law requires that the criminal act caused the harm suffered
Harm
For a crime to occur, some harm must have been done to a person or to property
Some crimes are categorized depending on the harm done to the victim, regardless of the intent behind
the criminal act
Many acts are deemed criminal if they could do harm that the laws try to prevent (inchoate offenses)
Defenses Under Criminal Law
Excuse criminal defense
Infancy
Under the earliest criminal codes of the United States, children under seven years of age could never be
held legally accountable for crimes
The accused’s wrongdoing is excused because he or she is too young to fully understand the
consequences of his or her actions
Insanity
When the defendant’s state of mind is such that he or she cannot claim legal responsibility for his or her
actions if he or she
Does not perceive the physical nature or consequences of his or her actions
Does not know that his or her conduct is wrong and/or criminal
Is sufficiently unable to control his or her conduct so as to be held accountable for it
Intoxication
Involuntary intoxication occurs when a person is physically forced to ingest or is injected with an
intoxicating substance, or is unaware that a substance contains drugs or alcohol and can be a viable
defense to a crime
Voluntary intoxication is not a defense in itself
Justification criminal defense
Duress
Exists when the wrongful threat of one person induces another person to perform an act that she or he
would otherwise not perform
Requirements must be met
Threat must be of serious bodily harm
Harm threatened must be greater than the harm caused by the crime
Procedural Safeguards
Substantive criminal law—defines the acts that the government will punish
Procedural criminal law—defines laws for criminal procedures
Amending the Constitution: The Bill of Rights
Ten amendments adopted into the Constitution in 1791
Have been interpreted by the United States Supreme Court
Serving as safeguards for those accused in this country
Fifth Amendment
Requirement that no one can be deprived of life, liberty or property without “due process” of the law
Prohibits against double jeopardy
Guarantees that no person can be required to be a witness against himself or herself
Chapter 5
Law Enforcement Today
Enforcing laws
The police officers’ role as a “crime fighter”
Clear mandate to seek out and apprehend those who have violated the law
Research shows that police officers only spend about half of their time enforcing the law or dealing with
crimes
Preventing crime
Possibly the most controversial responsibility of the police
Two predictable responses when crime rates begin to rise in a community
Punish convicted criminals with stricter laws and more severe penalties
Demand that the police “do something” to prevent crimes from occurring in the first place
Police can prevent crime on a limited basis through a deterrent effect
History of the American Police
Early efforts at American policing were directed towards controlling certain groups of people, delivering
goods, regulating activities such as buying and selling in the town market, and maintaining health and
sanitation
Police services were often performed by volunteers, who were organized into a night watch system
American policing has its roots in England
1829 Sir Robert Peel sponsors the Metropolitan Police Act
The London Metropolitan police has one thousand officers who are easily recognizable by their uniforms
“Bobbies” did not carry firearms and were assigned to specific “beats” to prevent crime
The early American police experience
Policing in the United States and in England evolved along similar lines
The first police department
In 1833, Philadelphia was the first city to employ both day and night watchmen
Five years later, Boston formed the first organized police department in 1844
The basic responsibilities of police include:
To enforce laws
To provide services
To prevent crime
To preserve the peace
The political era
Many early police officers were hardworking, honest, and devoted to serving and protecting the public,
however the quality of early American policing was poor
Corruption was rampant during the political era of policing from 1840 to 1930
The modernization of the American police
Wickersham Commission, named after the chairman, focused on two areas of policing that were in need
of reform
Police brutality
“The corrupting influence of politics”
Commission reported that reform was needed—higher personnel standards, centralized police
administration, and increased use of technology—initiating the progressive or reform era of policing
August Vollmer, chief of police from 1905 to 1932 in Berkeley, California, and his protégé O. W. Wilson
promoted a style of policing known as the “professional model
Returning to the community
The community era of policing may have started with several government initiatives that took place in
1968
Omnibus Crime Control and Safe Streets Act—federal government provided state and local police
departments with funds to create a wide variety of police-community programs
Policing today: intelligence, terrorism and technology
Intelligence-led policing involves using data concern past crime patterns to predict future crime patterns
The Challenges of Anti-Terrorism
90% of local and county police agencies have written plans to deal with terrorism
Most police agencies gather intelligence to prevent terror attacks from occurring
Becoming a Police Officer
Basic requirements
Selection involves numerous steps
While each police department has their own method for choosing candidates, most have standard
minimum requirements:
U.S. citizenship
No felony conviction
Have or be eligible for a driver’s license in the state of employment
Be at least twenty-one years of age
Meet weight and eyesight requirements
Educational requirements
August Vollmer began promoting higher levels of education in policing in 1920
Today, 82 percent of all local police departments require at least a high school diploma; 9 percent
require a degree from a two-year college
Recruits with college or university experiences are thought to have an advantage in hiring and
promotion
Field training
Takes place outside of the academy
Recruits are paired with a Field Training Officer (FTO)
Goal is to help the “rookie” officer apply classroom learning to working on “the streets”
Women and Minorities in Policing Today
Antidiscrimination law and affirmative action
Historically, the typical American police officer was a white male
Within the past thirty years the issue of numbers of minorities and women on the police force have
been addressed
Working women: gender and law enforcement
About 12% of all police officers are female
Fewer than 1% of police chiefs are women, leaving female officers with few mentors
Male officers often perceive women as being unsuited for policing
Women also face the problem of tokenism
Sexual harassment remains an issue for female officers
Minority report: race and ethnicity in law enforcement
African American officers comprise 12% of police officers; Hispanics 10%; and other minority groups
around 3%
Minority officers may face double marginality
Sheriffs and county law enforcement
Sheriff
An important figure in American law enforcement
Almost every one of more than 3,000 counties in the United States (except those in Alaska) have one
In the majority of states, they are elected
Other common responsibilities include:
Investigating drug crimes
Maintaining county jail
Carrying out civil and criminal processes within county lines
Keeping order in county courthouse
Collecting taxes
Enforcing orders of the court
The County Coroner, or medical examiner
Elected official on the county level
Has general mandate to investigate “all sudden, unexplained, unnatural, or suspicious deaths reported
to the office
The Department of Homeland Security
Created through the Homeland Security Act signed by President George W. Bush in November 2002
Functions as a cabinet-level department designed to coordinate federal efforts to protect the United
States against international and domestic terrorism
U.S. Secret Service
Created in 1865 to be primarily responsible for combating currency counterfeiters
Given additional responsibility of protecting the U. S. president, the president’s family, the vice
president, the president elect, former presidents, and political figures
The Department of Justice
Created in 1870
Primary law enforcement agency in the country
Responsible for enforcing criminal law and supervising federal prisons
Has a number of law enforcement agencies
The Federal Bureau of Investigations
Initially created in 1908
Has jurisdiction over nearly 200 federal crimes, including espionage, kidnapping, extortion, bank
robbery, interstate gambling, and civil rights violations
The FBI’s crime laboratory is the largest in the world
The U. S. Marshals Service
Oldest federal law enforcement agency
Initially charged with responsibility to protect the U. S. Attorney General
Main duties today
Provide security at federal courts for judges, jurors, and other courtroom participants
Control property that has been seized by federal courts
Protect government witnesses who have placed themselves in danger by testifying
Transport federal prisoners to detention institutions
Investigate violations of federal fugitive laws
The Department of the Treasury
Formed in 1789
Mainly responsible for all financial matters of the federal government
Largest bureau is the Internal Revenue Service (IRS)—concerned with violations of tax law and
regulations
Private Security
Ideally, a security guard should only observe and report criminal activity unless use of force is needed to
prevent a felony
Any citizens, including private security can enact a citizen’s arrest
Private security guards are meant to deter crime rather than stop it
Private security trends
Lack of standards
No federal regulations, lack of state regulations
Four factors driving growth
Increase in fear on the part of the public triggered by growing crime rate, perceived or real
Problem of crime in the workplace
Budget cuts in states and municipalities have forced reductions in public police
Rising awareness of private security product
CHAPTER 6
Challenges to effective Policing
Justification for Police Discretion
Police use their discretion when they use their judgment in make the most appropriate choice in any
given situation
Patrol officers have the greatest amount of discretion
Subjective factors influence police discretion
The most important factor is the nature of the criminal act
Another factor is the attitude of the offender
The relationship between the victim and the offender
Department policy limits discretion
Discretion and domestic violence
Failure to arrest
To some extent officers may be hesitant to interfere in a “family matter,” or private
Some see domestic violence as the responsibility of social-service providers
The victim may fail to press charges, and the prosecutor may fail to prosecute
Many jurisdictions limit discretion by enforcing mandatory arrest policies
Police on patrol: the backbone of the department
Patrol officers are considered to be on the lowest rung of hierarchy; they compose as many as twothirds of a department’s sworn officers and are considered the most valuable members of the agency.
Patrol activities
Preventive patrol
Responding to calls for service
Administrative service, including paperwork – 20%
fficer-initiated activities
Police investigations
There are three categories of cases
Unsolvable cases
Solvable cases
Already solved cases
Clearance rates and cold cases
A crime is cleared when an arrest is made and the offender will be prosecuted
Clearance rates vary depending on the crime, but have been dropping for decades
Cold cases are cases that are not solved
80% of large police departments have cold case squads
Forensic investigations and DNA
Many police departments operate or are affiliated with crime laboratories who analyze such items as
trace evidence, ballistics, fingerprints and bloodstain pattern analysis.
Databases and cold hits
National Combined DNA Index System (CODIS) stores the DNA profiles of offenders who have been
convicted of murder and sexual assault
Cold hits occur when DNA samples from the crime scene match a profile included in the CODIS database
Testing general patrol theories in Kansas City
Results showed that increasing or decreasing preventive patrol had little or no impact on crimes, public
opinion, police response time, traffic accidents, or reports of crime to police
Some argue the Kansas City Results cannot be accepted as universal
Arrest strategies
Types of arrest
Reactive arrests are made by those officers on general patrol who observe a criminal act or respond to a
call for service
Proactive arrests occur when the officer takes the initiative to target a particular type of criminal or
behavior
Broken windows effect
Wilson and Kelling suggest that crime is related to the quality of life in neighborhoods
Dilapidated neighborhoods send out signals that criminal activity is tolerated
This disorder spreads fear among citizens, dissuading them from leaving their homes
The broken windows theory is based on “order maintenance” of neighborhoods by cracking down on
quality of life crimes
Some critics think that “zero tolerance” policies in poor neighborhoods discriminates against certain
groups and increases mistrust of police
“Us versus them”: Issues in modern policing
Police subculture
Values and perceptions shared by members of a police department, which are shaped by unique
existence of the police officer
The core values of police subculture are learned through a process of socialization of a rookie police
officer begins on the first day of the job through learning of values and rules of police work.
Police cynicism
Characterized by rejection of the ideals of truth and justice
Defined as being the suspicion police officers hold for citizens—that they are weak, corrupt and
dangerous
Can lead to increases of police misconduct, corruption, and brutality
Physical and mental dangers of police work
Police officers face threats of physical harm daily
Police have relatively low death and injury rates
Offenders are deterred by the effort law enforcement agencies will make to apprehend someone
suspected of harming an officer
Officers make use of body armor
Types of force
Non-deadly force
Regulated by the concept of reasonable force
When a reasonable person deems that force was necessary
Deadly force
Force that an objective police officer realizes will place the subject in direct threat of serious injury
May result in death
Police corruption
Is defined as being the misuse of authority by a police officer
Types of corruption
Bribery
Shakedowns
Mooching
Corruption in police subculture
No single reason to explain why corruption occurs in policing
Several stages lead to the moral decline of a police officer
Officer accepts minor gratuities
Officer will no longer simply accept bribes, but will seek out payoffs
Police accountability
Citizen oversight
Civil suits are unlikely to deter police corruption
Misbehaving officers do not pay damages personally
Vast majority of cases do not result in disciplinary measures from the department to the offending
officer
Frustration over accountability led to the development of citizen oversight committees