Criminal Justice

What is crime?

What is a crime?

An act that violates law and is punishable by law Act Commission of

an act Omission

What is society? Consensus Model –

society formed to provide security. Laws based on morals

and society norms Laws evolve Easy A - Scarlett Letter

Scene

What is Society?

Conflict Model – interest groups struggle for control of society Law based on

interests of those in power

Notebook item 1: Create your own society You will be assigned a role in a new

society.

You must create create 3 laws according to the consensus model and 3 laws according to the conflict model

What do you think?

1. Do you think that the consensus model or the conflict model more accurately describes American society? Explain your answer.

2. Explain why are laws created. Incorporate ideas from the model that you chose above into your explanation.

Types of Crime

Violent Crime Property Crime Public Order

Crime White-Collar

Crime Organized Crime High-Tech Crime

Violent Crime Murder: unlawful killing

of a human Sexual Assault:

coerced action of a sexual nature against an unwilling participant

Assault and Battery: physical attack

Robbery: taking property by force

Property Crime Larceny: theft Burglary: unlawful

entry Arson: starting a fire

Public Order Crime

Victimless Crimes

Based on morals and valuesExamples: public runkeness, prostitutioni, illegal gambling, drugs

Your Opinion

Do you think that “victimless” crimes should be illegal? Why? Give at least one example of a public order crime and why you think it should be legal or illegal.

White-Collar Crime

Embezzlement Tax Evasion Credit Card

Fraud Check Fraud Securities

Fraud Bribery Insurance

Fraud

Organized Crime

Organization engaged in marketing illegal goods and services Gambling Prostitution Drugs Counterfeiting Credit Card Scams

High-Tech Crime

Pornography Cyber Stalking Cyber Terrorism Hacking Piracy Fraud

Your Opinion

How much authority should the government have to search for high tech crimes? Should they have access to search engines and social networking sites or is that in invasion of your privacy?

The Criminal Justice

3 Purposes: To control crime To prevent crime To provide justice

Short Essay Question

Which do you think is the most important purpose of the criminal justice system; Control Crime Prevent Crime Provide Justice

Explain you answer.

Structure of the Criminal Justice System

Federalism

Federal Agencies

State Police

Local Police

Structure of the Criminal Justice System

Law

Enfo

rcem

entPolice,

Investigators, Agencies Co

urtsDual Court

System

Corre

ctio

nJail, Prison, Rehab, Probation

Criminal Justice System ModelsCRIME CONTROL MODEL Punish and control

crime Assumption of guilt Assembly line courts Goal = efficiency Relies on police Example: border

patrol police can search an automobile stopped for almost any reason

DUE PROCESS MODEL

Protect civil rights Assumption of

innocence Obstacle course

courts Goal = fairness Relies on courts Example: evidence

improperly gathered by police is invalid, even if it proves guilt

Short Essay Question

Do you think the American justice system is more closely based on the crime control model or the due process model. Explain your opinion.

Discretion Definition: authority to

choose between alternative courses of action Police Prosecutors Judges

Leads to inequality of the criminal justice system

Notebook Item 3

2 Advantages of Discretion

2 Disadvantages of Discretion

Do you think that police, prosecutors, and judges should be allowed broad discretion or have a very limited amount of discretion. Explain your answer.