Colloquium in Criminal Justice
College of Adult Professional Studies
Course Number: CRJ 290
Colloquium in Criminal
Justice
Thomas N. Davidson, J. D.
Colloquium
A colloquium is an informal meeting to discuss some
subject matter. The purpose of this colloquium is to:
1. Identify key contemporary criminal justice and
homeland security theories and issues;
2. Demonstrate knowledge of the overall criminal justice
field;
3. Discuss the history of the criminal justice field;
4. Express an educated opinion on the present condition
and future prospects of American society in the
context of criminal justice and homeland security
issues.
Part 1. Systematic Issues
Issue 1.
Are US crime problems a result of our failure to get
tough on crime?
 Yes. Criminal behavior is rational choice; crime rates
will go down when society increases penalties.
 No. The system fails because it produces substantial
benefits for those in power. The wealthy uses ideology
to convince people that the system is the best one that
society can create.
Crime Prevention& Deterrence
Crime Prevention
Crime Deterrence
Likelihood
Desire
Ability
Desire
of being
caught
Opportunity
Gravity of harm if caught
Ego Identity
 Ego identity is formed when youths develop a full
sense of the self, combining how they see themselves
and how they fit with others.
Role diffusion
 Role diffusion occurs when people spread themselves
too thin, experience personal uncertainty, and place
themselves at the mercy of people who promise to give
them a sense of identity they cannot develop for
themselves. Example: Gangs.
For a discussion on what factors increase the chances of gang activity
among juveniles got to:
http://www.lao.ca.gov/1995/050195_juv_crime/kkpart3.aspx
At Risk Youth
 Young people extremely vulnerable t the negative
consequences of school failure, substance abuse, and
early sexuality.
Cynical & Preoccupied with
Material Acquisitions
By the time they reach 18, most young people have spent
more time in front of the TV than in the classroom.
They see thousands of depictions of rape, assault,
murder, theft, and other anti-social behaviors. They
also listen to hours of music with violent and sexual
content. Research indicates that kids who listen to
music with sexual content are more likely to engage in
precocious sex than those who don’t.
Each day in America:
 2 mothers die in childbirth
 4 children are killed by abuse or neglect
 5 children or teens commit suicide
 9 children or teens are killed by firearms
 32 die from accidents
 202 arrested for violent crimes
 377 arrested for drug crimes
 964 babies are born at low birthrate
 1,210 babies are born to teen mothers
Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA: Wadsworth.
Each day in America continued:








1,240 public school students corporally punished
2,060 babies born without health insurance
2,175 children are confirmed as abused or neglected
2,222 drop out of high school
2,692 babies are born into poverty
4,435 children are arrested
4,498 babies are born to unwed mothers
18,493 public school students are suspended from
school
Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA: Wadsworth
Poor Education
 About 70% of all 4th graders cannot read at level
 About 90% of blacks
 About 80% of Latino
 About 80% of American Indian
 Black children are about 50% more likely to drop out
of school than white children; in part caused by poor
reading ability that leads to stress
Siegel, L. J., & Welsh, B. C. (2012). Juvenile delinquency: Theory, practice, and law (11th ed.). Belmont, CA:
Wadsworth.
Status Offenses
Conduct is only illegal because the offender is under age.
 Smoking and drinking
 Skipping school
 Runaway
 Participating in sex
 Curfew
 Profanity
 Disobeying parents
 Truantcy
Part I Crimes
Serious crimes against property and people
 Murder
 Rape
 Burglary
 Arson
 Motor vehicle theft
 Theft
 Aggravated assult
Part II Crimes
All other crimes that are not Part I crimes
 Public intoxication
 Driving under the influence
 Littering
 Disorderly conduct, et cetera
 Drug use
What the data says
 More than 13.6 million arrests each year
 2.3 million are Part I crimes
 11 million are less serious Part II crimes
 Juveniles are arrested for approximately 15% of Part I
violent crimes and 24% Part I property crimes
 Kids 14-17 account for only 6% of population, but are
arrested for a disproportionate amount of crime.
 1.1 million juvenile arrests in 2009 for Part II offenses
 74,000 status offenses arrests in 2009
Causes of Crime
 Socioeconomic Status Theory
 Cognitive Behavior Theory
 Rational Choice Theory
 Trait Theory
 Biosocial Theory
 Psychological Theory
Routine Activities Theory
 Capable Guardians
 Motivated Offenders
 Suitable Targets
Social Factors Believed to affect Crime
 Interpersonal interactions: family, peers, schools, jobs
 Community conditions: inner-city, poverty, decay
 Exposure to violence
 Social change: politics, mistrust, economic stress
 Low socioeconomic status: poverty creates incentive
 Racial disparity: poverty among minorities is higher
than that of whites
Theories
 Social Structure: crime (“C”) is function of place in
economic structure.
 Social Process: C as result of interaction with
socialization elements.
 Stratified Society: Grouping society into classes based
on the unequal distribution of resources.
 Culture of Poverty: View that poor people form their
own values which sometimes clash with conventional
society.
Theories
 Underclass: Group of poor whose members have little




chance of upward mobility.
Social Structure: Crime is result of socioeconomic
conditions and cultural values.
Enculturated: The process learning what is accepted in a
culture.
Social Disorganization: Links crime to being locked out of
economic mainstream which cause anger.
Cultural Deviance: Lower class culture develops in
disorganized areas whose beliefs are in conflict with
conventional norms
Theories
 Social Transmission: Norms and values passed down
from each generation.
 Social Control: Ability of institutions to influence
social behavior.
 Social Ecology: Law abiding behavior is result of social
rather than individual forces.
 Transitional Neighborhood: Transition of population
& structure from middle class to poorer (White flight).
Theories
 Siege Mentality: Residents become suspicious of
authority and consider outside world as the enemy.
We see this when communities refuse to cooperate
with police even when the crimes are outrageous and
heinous.
 Collective Efficacy: The ability of communities to
regulate behavior through influences of school and
family.
 Street Efficacy: Using one’s wit to avoid violence and
feel safe.
Theories
 Strain Theory: Suggests that most people share similar
values and goals. When people feel shutout they feel
frustrated and angry, a condition called strain.
 General Strain Theory (GST): Multiple sources of
strain interact with a person’s traits and responses to
produce crime.
 Anomie: Normlessness produced by rapidly shifting
moral values. Personal goals cannot be achieved using
available means.
Sources of Stress Causing Strain
 Failure to achieve positively valued goals.
 Disjunction between expectations and achievements.
 Removal of positively valued stimuli (loss of friends).
 Presentation of negative stimuli (child abuse).
Research that Supports GST
 People who think they have been treated unfairly
report high levels of anger & high levels of theft.
 People who live in strain producing conditions are
more likely to commit anti-social acts.
 People who believe that path to success is blocked are
more likely to engage in criminal activities.
 Similar results in foreign countries (indicating not
cultural based outcomes).
Focal Concerns
Unique value system that defines lower-class culture.
Conformance to these focal concerns dominates life.
Promotes illegal or violent behavior. The need for
being seen as tough or the need for excitement,
trouble, smartness (streetwise & savvy), fate, and
personal autonomy (independent of authority figures).
Crime Subcultures
 Status Frustration: Culture conflict experienced by
lower-class youths because social conditions prevent
them from achieving success as defined by society.
 Middle-class Measuring Rods: Standards used by
teachers & others to evaluate behavior-when poorer
kids do not meet standards they are subject to failure,
which brings about anger and frustration.
 Reaction Formation: ψ Reaction that occurs when a
person does or says something that is the opposite of
what he really wants or is socially appropriate.
Differential Opportunity
 View that poorer youths, which have limited
opportunities, join gangs and pursue criminal careers
as an alternative means to achieving success.
 Criminal gangs: Criminal goals.
 Conflict gangs: Protect their own.
 Retreatist gangs: Retreat and create fringe society;
often getting high, sex, and music is goal.
Social Process
 Socialization: People learn to adopt the behaviors of
the community in which they live.
1. Family influence
2. School
3. Peers
4. Religion
Social Learning Theory
Crime is learned through close relationships with others;
asserts that children are born good and learn bad from
others.
 Differential Association: Asserts that crime is learned
within interpersonal groups and youths will become
crime if violating the law is favorable to obeying the
law.
Principles of Differential Association (DA)
 Crime behavior is learned.
 Learning is a by-product of interaction.
 Learning occurs within intimate groups.
 Criminal techniques are learned.
 Perceptions of legal code influence motives.
 Crime participation may vary in duration, frequency,
priority, & intensity.
 Crime is an expression of needs & values, but not an
excuse.
Neutralization Theory (NT)
Subterranean values: The ability of people to repress
social norms. People can drift back and force between
conventional and crime norms.
Neutralization Techniques
A set of attitudes that allow people to negate moral
apprehension so that they may freely engage in crime
behavior without regret.
1. Deny responsibility.
2. Deny injury (no one hurt, so not wrong).
3. Deny the victim (he had it coming).
4. Condemn the condemners (world, school, society is
corrupt).
5. Appeal to higher loyalties (Caught between being
loyal to peers and rules of society).
Social Control Theory (SCT)
All people have the potential to violate the law and that
society presents many opportunities for illegal activity.
Drugs, illicit sex, even theft offer exciting pastimes. Is
it fear of punishment that prevents offending behavior
(choice theory)? Obeying law is a function of success,
so we don’t disobey (structural theory)? Obedience is
because of contact with law-abiding parents and peers
(learning theory)? SCT argues that internal and
external forces control desire and passion. Proper
socialization renders us incapable of committing D
acts.
Social Reaction Theory (Labeling Theory)
Pygmalion effect. Tell someone they are bad,
injudicious, lazy, or unqualified (and they and those
around them) and the resulting reinforcement can
actually cause the outcome.
Symbolic Interaction
People communicate via gestures, signals, symbols, and
words that stand for something else. Ring on fourth
finger of left hand indicates that the person is married
for example.
Status Symbols
Possession, rank, or activity that indicates one’s social
prestige.
Stigmatized
Mark someone with disgrace or reproach; to characterize
or brand someone as disgraceful or disreputable.
Differential Labeling
Law is differentially applied; white collar criminals
ordinarily get lighter sentences than common burglars
for example. This is due to discretionary decision
making.
Identity
 Damaged identity-stigmatized.
 Primary deviance-norm violations that little influence
on the actor and can be quickly forgotten. Minor
crimes that go unnoticed and therefore have little
influence on the person’s life.
 Secondary deviance-deviant acts that define the actor
and create a new identity. Crimes that come to the
attention of others who apply a negative label.
Labeling & Delinquency
 Pure deviants-engage in illegal acts and get caught.
 Conformists-do not engage in delinquent acts.
 Falsely accused-blamed for something they did not do.
 Secret deviants-engage in illegal acts, but do not get
caught.
Conflict Theory & Prevention
 Restorative justice- humanistic, non-punitive
strategies.
 Shame-personal feelings we have when we fail to meet
personal standard or those of significant others.
 Reintegrative shaming-allowing offenders to
understand their wrongdoing and shame themselves.
 Restoration-using the system to heal the offender.
Concept Summary
 Developmental theory
 Life-course theory
 Latent trait
 Propensity
 Trajectory theory
General Theory of Crime
Integrates social control theory with biosocial,
psychological, routine activities, and rational choice
theories.
Pathways to crime
 Authority conflicts-early age defiance and authority
avoidance
 Covert pathway-begins with minor underhanded
behaviors and then leads to more serious theft and
fraud crimes
 Overt pathway- begins with minor aggression and
leads to fighting and violent crimes
See next slide
Pathways to Crime
Issue 2.
Does the US have the right to torture suspected
terrorists?
 Yes. Appropriate for preventing the greater evil.
 No. The use of torture is immoral and
counterproductive.
Egoism Ethical Model
Egoism is belief that one ought to do what is in one's
own self-interest, although a distinction should be
made between what is really in one's self-interest and
what is only apparently so. What is in one's selfinterest may incidentally be detrimental to others,
beneficial to others, or neutral in its effect.
Guiding Formula for Moral Judgment
1.
2.
3.
4.
Select moral principle that best defines the problem:
honesty, fairness, equity, loyalty, et cetera.
Justify the situation by examining whether it conforms
to the selected principle. If not, accentuating or
mitigating factors that make it more or less fitting?
If situation fits exactly, then the judgment should be
made exactly in accordance with the principle.
If it does not fit, judgment is made by determining a
high or low likelihood that the situation fits the principle
by examining the accentuating & mitigating factors.
2
E=PJ
 E is the ethical decision to be made.
 P is the principle.
 J is the justification of the situation.
 Square on the value of J is proposed to allow for
justification to be ratcheted up or down depending on
the power of accentuating or mitigating factors.
2
put
to
the
test.
E=PJ

E = Torture.
 P = Sanctity of Life.
 J = Protect Society
1. Expedites the flow of information. (A)
2. Prevents a greater evil to a large population. (A)
3. May receive unreliable information. (A)
4. Torture is intrinsically evil even when done by
the government. (M)
Issue 3.
Should serious sex offenders be castrated? (Odd
question, I wonder if the author meant “serial” sex
offenders instead of “serious” sex offenders?
 Yes. Treat it as therapy instead of punishment.
 No. Ineffective, unacceptable, and unconstitutional.
2
E=PJ
 E is the ethical decision to be made.
 P is the principle.
 J is the justification of the situation.
 Square on the value of J is proposed to allow for
justification to be ratcheted up or down depending on
the power of accentuating or mitigating factors.
Issue 4.
Will strict gun control laws reduce the number of
homicides in the US?
 Yes. Strong relationship between guns and death rate
from murder.
 No. Institutionalizes the natural predatory advantages
of larger and stronger people against weaker persons.
(Law of the Jungle).
London, UK v. Detroit, USA
 Detroit the Motor City experienced 418 cases of
murder and non-negligent manslaughter and has a
population of 713,777 people.
 London, UK, experienced 55 murders and has a
population of 7,825,200.
Part 2. Legal Issues
Issue 5.
Should the United States abolish the Exclusionary Rule?
 Yes. If reliable evidence is excluded, wrongful
convictions and acquittals will result.
 No. Sole effective remedy to secure compliance with
the Constitution.
Criminal Procedure – Exclusionary Rule

Weeks v. United States, 232 U.S. 383 (1914). First used
in federal case.
 Mapp v. Ohio, 367 U.S. 643 (1961) Made applicable to
the states.
Rationale
1. Dirty Hands
2. Deterrence
3. Way to enforce constitution
Issue 6.
Is “black rage” a legitimate defense in criminal proceedings?
 Yes. Defendant’s crimes are a product of social racism.
 No. History of racial victimization is not a license to
commit crime.
What if the victim has never done anything overtly racist or
doesn’t even know the suspect? Unlike battered wife
syndrome, where the wife seeks to stop suffering from the
hands of her spouse, should black rage defense be applied
across the board to all crimes?
For an informative essay on Black Rage as a criminal defense go to:
http://findarticles.com/p/articles/mi_hb3587/is_n5_38/ai_n28690423/
Issue 7.
Should US court abandon the Miranda Rule?
 Yes. Social costs are too high and burdensome to
administer in the court system.
 No. Required by the Constitution and the potential
damage to effective law enforcement is not a sufficient
reason to disregard a constitutional requirement.
Text of the Fifth Amendment
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in
the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor
shall any person be subject for the same offence to be
twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property
be taken for public use, without just compensation.
Court Made Rule
Nowhere in the 5th or 14th Amendments does it say that
when the police take someone into custody that they
must pull out a card and recite the Miranda warnings.
If this is required by the Constitution, then why not
other notice and educational information of the
Constitution be required to be give by the police?
Issue 8
Should a judge be permitted to admit evidence about an
alleged rape victim’s history as a prostitute?
 Yes. For the purpose of impeaching her credibility.
 No. Contrary to intent and spirit of states’ rape shield
law.
For an informative discussion on rape shield laws go to”
http://www.ncvc.org/ncvc/main.aspx?dbID=DB_FAQ:RapeShieldLaws92
7
Part 3 Processional Issues
Issue 9 Should Pleas Bargaining Be
Abolished?
 Yes. To reinstate justice and restore public confidence.
 No. Natural part of process. Tailored reforms.
Issue 10 Should Juvenile Ct. System
be Abolished?
 Yes. Too deficient. Lacking in safeguards and
therapeutic treatment.
 No. Retain but reinvigorate with resources.
Issue 11 Cameras in the
Courtroom?
 Yes. Cameras educate public and will restore public
faith in the system.
 No. Can do irreparable harm to a person’s right to a
fair trial, privacy concerns, and security concerns.
Issue 12 Do “Three Strikes” Laws
Reduce Crime?
 Yes. If strictly enforced.
 No. Have not delivered and cost too much.
Crime Prevention& Deterrence
Crime Deterrence
Likelihood
Desire
of being
caught
Gravity of harm if caught
Habitual Offender IC 35-50-2-8





Except as otherwise provided, the state may seek to have a person sentenced as a habitual
offender for any felony by alleging that the person has accumulated two (2) prior unrelated
felony convictions.
The state may not seek to have a person sentenced as a habitual offender for a felony offense if
the offense is a misdemeanor that is enhanced to a felony in the same proceeding as the
habitual offender proceeding solely because the person had a prior unrelated conviction;
some traffic felonies; and some other restrictions as to offenses.
A person has accumulated two (2) prior unrelated felony convictions for purposes of this law
only if:
(1) the second prior unrelated felony conviction was committed after sentencing for the
first prior unrelated felony conviction; and
(2) the offense for which the state seeks to have the person sentenced as a habitual
offender was committed after sentencing for the second prior unrelated felony conviction.
A conviction does not count for purposes of this law as a prior unrelated felony conviction if:
(1) the conviction has been set aside;
(2) the conviction is one for which the person has been pardoned; or
(3) other restrictions with respect to types of offenses.
Proof beyond a reasonable doubt. Sentence not less than maximum for the offense or up to
three times the maximum.
References
Hickey, T. (2007). Taking sides: Clashing views in
criminal justice. Dubuque, IA: McGraw-Hill.
Siegel, L. J., & Welsh, B. C. (2012). Juvenile
delinquency: Theory, practice, and law (11th ed.).
Belmont, CA: Wadsworth.
U.S. Const. amend. V.