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Criminal Justice in America
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Criminal Justice in America
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[date of submission]Criminal Justice in America
Chapter 3. List the eight general categories of Criminology Theory used to explain crime? Discus the theories connected to each one.
Classical: free will theories, hedonistic calculus, rational choice theory, routine activities theory
Biological: phrenology, atavism, criminal families, somatotypes
Psychobiological: chromosome theory, biochemical approaches, heredity
Psychological: behavioral conditioning, psychoanalysis, psychopathology
Sociological: social disorganization, anomie, subcultures, focal concerns, subculture of violence
Social process: differential association, social learning, containment, social control, neutralization, labeling, social development theory, life course perspective
Conflict: radical criminology, peacemaking criminology
Emergent: feminist criminology, constitutive criminology, postmodern criminology
Explain what happened in each of the case studies.
1) Durham v. U.S: led to a rule (called the Durham rule) that was used to gauge insanity. The rule states that person is not criminally responsible for his or her behavior if the person’s illegal actions were the result of some mental disease or defect.
2) U.S. v. Felix: clarified the Double Jeopardy Clause of the US Constitution and expanded it so that it “only prevents duplicative prosecution for the same offense” but that “ a substantive offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes.”
3) Ford v. Wainwright: US Supreme court issued a decision which specified that prisoners who become insane while incarcerated cannot be executed.
Critical Thinking Exercise
The convenience brought about by computers and the internet has led to the development of high tech crimes, also known as cyber crimes. For most people, cyber crimes refer to identity theft but the Federal Bureau of Investigation includes “cyber-based terrorism, computer intrusions, online sexual exploitation, and major cyber fraud” ADDIN Mendeley Citation{003afd31-bd56-4504-bae5-4aec47140a53} CSL_CITATION { "citationItems" : [ { "id" : "ITEM-1", "itemData" : { "URL" : "/about-us/investigate/cyber/cyber", "accessed" : { "date-parts" : [ [ "2011", "10", "18" ] ] }, "author" : [ { "family" : "FBI", "given" : "" } ], "container-title" : "FBI", "id" : "ITEM-1", "title" : "Cyber Crime", "type" : "webpage" }, "uris" : [ "/documents/?uuid=003afd31-bd56-4504-bae5-4aec47140a53" ] } ], "mendeley" : { "previouslyFormattedCitation" : "(FBI, n d)" }, "properties" : { "noteIndex" : 0 }, "schema" : "https://github.com/citation-style-language/schema/raw/master/csl-citation.json" } (FBI, n d) in the list. The 2011 Norton Cybercrime Report gives us an idea of the gravity of the situation. The report shows that at least 44% of individuals are victims of cybercrimes – that’s about over 1 million adults who have experienced cyber crimes in the past year ADDIN Mendeley Citation{36be4a32-d8fd-48b7-b0f9-b8fdc38ac867} CSL_CITATION { "citationItems" : [ { "id" : "ITEM-1", "itemData" : { "URL" : "http://community.norton.com/t5/Cybercrime-Frontline-Blog/Cybercrime-A-Shocking-Picture-of-the-Problem/ba-p/530898", "accessed" : { "date-parts" : [ [ "2011", "10", "18" ] ] }, "author" : [ { "family" : "Palmer", "given" : "Adam" } ], "container-title" : "Norton by Symantec", "id" : "ITEM-1", "issued" : { "date-parts" : [ [ "2011" ] ] }, "title" : "Cybercrime: A Shocking Picture of the Problem", "type" : "webpage" }, "uris" : [ "/documents/?uuid=36be4a32-d8fd-48b7-b0f9-b8fdc38ac867" ] } ], "mendeley" : { "previouslyFormattedCitation" : "(Palmer, 2011)" }, "properties" : { "noteIndex" : 0 }, "schema" : "https://github.com/citation-style-language/schema/raw/master/csl-citation.json" } (Palmer, 2011). In order to protect citizens from advances of online scammers, the US Department of Justice new policies and programs about cyber crime has been implemented. As early as 1997, a manual on the prosecution of computer crimes has already been published ADDIN Mendeley Citation{eedf08f6-9538-4bc9-8d80-20785b9b3639} CSL_CITATION { "citationItems" : [ { "id" : "ITEM-1", "itemData" : { "URL" : "/cclaws.html", "accessed" : { "date-parts" : [ [ "2011", "10", "18" ] ] }, "author" : [ { "family" : "Computer Crime and Intellectual Property Section", "given" : "" } ], "container-title" : "United States Department of Justice", "id" : "ITEM-1", "title" : "Computer Crime Legal Resources", "type" : "webpage" }, "uris" : [ "/documents/?uuid=eedf08f6-9538-4bc9-8d80-20785b9b3639" ] } ], "mendeley" : { "previouslyFormattedCitation" : "(Computer Crime and Intellectual Property Section, n d)" }, "properties" : { "noteIndex" : 0 }, "schema" : "https://github.com/citation-style-language/schema/raw/master/csl-citation.json" } (Computer Crime and Intellectual Property Section, n d). This has allowed the government to sue an unnamed teenager who hacked the FAA and disabled their control towers in 1998 ADDIN Mendeley Citation{71e7104c-cb63-45c6-b2bb-5898f5c086de} CSL_CITATION { "citationItems" : [ { "id" : "ITEM-1", "itemData" : { "URL" : "/criminal/cybercrime/cccases.html", "accessed" : { "date-parts" : [ [ "2011", "10", "18" ] ] }, "author" : [ { "family" : "Computer Crime and Intellectual Property Section", "given" : "" } ], "container-title" : "US Department of Justice", "id" : "ITEM-1", "title" : "Computer Crime Cases", "type" : "webpage" }, "uris" : [ "/documents/?uuid=71e7104c-cb63-45c6-b2bb-5898f5c086de" ] } ], "mendeley" : { "previouslyFormattedCitation" : "(Computer Crime and Intellectual Property Section, n d)" }, "properties" : { "noteIndex" : 0 }, "schema" : "https://github.com/citation-style-language/schema/raw/master/csl-citation.json" } (Computer Crime and Intellectual Property Section, n d). From this first policy on cyber crime, new statutes have been passed including the 18 U.S.C. 1028, U.S.C. 1029, U.S.C. 2510 and many others.
Cyber crime can be considered as a felony because of the huge damage it can cause. Some convicted cybercriminals are incarcerated and required to pay for huge sums of money to their victims.
One may ask, what are the motivations for cyber crime? To address this question, perhaps it is best to consider the classical or neoclassical type of criminal theories. Because of the increasing use of computers in many transactions, man’s connection with his society is slowly degrading. For many cyber criminals, their actions are just part of a game and perhaps they do not understand the severity of problems they may cause to a person’s life. As explained by the routine activities theory, people’s lifestyles (the use of the internet), has led to the discovery of new avenues for crimes. People who wish to find a quick buck have discovered a mine on the internet, especially when they are able to access person information, etc. On the other hand, another theory that can be used to explain motivation for cyber crimes is the rational choice theory. Because people are free to make choices, they have the right to either conform to the law or deter from it, and unfortunately, there is very little for the society to prevent a person from performing cyber crimes. Hence, it becomes important for the government to withdraw certain privileges from a convicted felon in order to correct the behavior ADDIN Mendeley Citation{0368fe06-4890-422e-afbb-552565658124} CSL_CITATION { "citationItems" : [ { "id" : "ITEM-1", "itemData" : { "author" : [ { "family" : "Schmalleger", "given" : "Frank" } ], "id" : "ITEM-1", "issued" : { "date-parts" : [ [ "2009" ] ] }, "publisher" : "Pearson Prentice Hall", "publisher-place" : "New Jersey", "title" : "Criminal Justice Today with Criminal Justice Interactive", "type" : "book" }, "uris" : [ "/documents/?uuid=0368fe06-4890-422e-afbb-552565658124" ] } ], "mendeley" : { "manualFormatting" : "(Schmalleger, 2009, pp. 81-82)", "previouslyFormattedCitation" : "(Schmalleger, 2009)" }, "properties" : { "noteIndex" : 0 }, "schema" : "https://github.com/citation-style-language/schema/raw/master/csl-citation.json" } (Schmalleger, 2009, pp. 81-82).
Ch.5 Define key terms:
kansas city experiment: The first large- scale scientific study of law enforcement practices. Sponsored by the Police Foundation, it focused on the practice of preventive patrol.
bow street runners: An early English police unit formed under the leadership of Henry Fielding, magistrate of the Bow Street region of London.
comes stabuli: A nonuniformed mounted law enforcement officer of medieval England. Early police forces were small and relatively unorganized but made effective use of local resources in the formation of posses, the pursuit of offenders, and the like.
directed patrol: A police- management strategy designed to increase the productivity of patrol officers through the scientific analysis and evaluation of patrol techniques.
new police: A police force formed in 1829 under the command of Sir Robert Peel. It became the model for modern- day police forces throughout the Western world.
sheriff: The elected chief officer of a county law enforcement agency. The sheriff is usually responsible for law enforcement in unincorporated areas and for the operation of the county jail.
vigilantism: The act of taking the law into one’s own hands.
shire reeve: The leader of the county who stands as the head of a posse organized to apprehend an offender.
Explain who they are according to text:
1) Henry Fielding: a well- known writer, who became the magistrate of the Bow Street region of London. He attracted a force of dedicated officers known as the Bow Street Runners who were regarded as the best and most disciplined agents in London.
2) Robert Peel: A former prime minister of England who is also credited for the formation of what many have hailed as the world’s first modern police force, the new police.
Discussion Questions:
1) Describe the historical development of policing in America
Policing in America started in the larger cities, particularly in New York in 1653. It used the system introduced by Robert Peel, the idea of the new police. The dawn of the 20th century has led to several technological advanced and social change which has then required reforms in policing. Citizens were able to report crimes using the telephone and automobiles has allowed fast response to received complaints. Through radios, police officers can now communicate with each other and the base station.
2) Discuss the findings of Minnesota Domestic Violence Experience – no details on book
3) What was the purpose of the statute of Winchester? A law, written in 1285, that created a watch and ward system in English cities and towns and that codified early police practices.
Chapter 6
community policing: A collaborative effort between the police and the community that identifies problems of crime and disorder and involves all elements of the community in the search for solutions to these problems.”
Comp stat: A crime- analysis and police-management process, built on crime mapping, that was developed by the New York City Police Department in the mid- 1990s.
crime prevention: The anticipation, recognition, and appraisal of a crime risk and the initiation of action to eliminate or reduce it.
police community relations: An area of police activity that recognizes the need for the community and the police to work together effectively. PCR is based on the notion that the police derive their legitimacy from the community they serve. Many police agencies began to explore PCR in the 1960s and 1970s.
problem-solving policing: A type of policing that assumes that crimes can be controlled by uncovering and effectively addressing the underlying social problems that cause crime.
quality of life offense: ( sometimes called a petty crime) that demoralizes community residents and businesspeople. Quality- of- life offenses involve acts that create physical disorder ( for example, excessive noise or vandalism) or that reflect social decay ( for example, panhandling and prostitution).
strategic policing: A type of policing that retains the traditional police goal of professional crime fighting but enlarges the enforcement target to include nontraditional kinds of criminals, such as serial offenders, gangs and criminal associations, drug- distribution networks, and sophisticated white- collar and computer criminals.
span of control: The number of police personnel or the number of units supervised by a particular commander.
team policing: The reorganization of conventional patrol strategies into “ an integrated and versatile police team assigned to a fixed district.”
Discussion Questions:
1) Explain each of the five operational strategies that police use today?
Preventive patrol: Dominant policing strategy which place uniformed police officers on the street in the midst of the public, consume most of the resources of local and state-level police agencies.
Routine incident response: respond to routine incidents (such as traffic accident) and is the second most common activity of patrol officers.
Emergency response: Emergency responses, often referred to as critical incidents, are used for crimes in progress, traffic accidents with serious injuries, natural disasters, incidents of terrorism, officer requests for assistance, and other sit-uations in which human life may be in jeopardy.
Criminal Investigation: The process of discovering, collecting, preparing, identifying, and presenting evidence to determine what happened and who is responsible” when a crime has occurred.
Problem solving: also known as problem-oriented policing which is aimed to reduce chronic offending in a community.
2) Which typifies the policing style in your home town (suburbs)? Typically, the style used in the suburbs is the wa...
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