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in place of a parent deemed unable or unworthy
In loco parentis
origins of organized crime in the united states
Mafia started it in the United States in the 1870s. But the origin is in Sicily from centuries (1200s).
panel of sixteen to twenty-three citizens who screen the prosecution’s evidence, in secret hearings, decide whether someone should be formally charged with a crime.
a jury of 12 to determine the facts and decide the issue in civil or criminal proceedings.
killing of several victims over a period of time.
at common law, the nighttime breaking and entering of the dwelling house of another, with the intention to commit a felony or larceny therein; a felony.
the taking of the property of another, or out of his or her presence, by means of force and violence or the threat thereof.
case in which there is evidence that would warrant the conviction of the defendant unless otherwise contradicted; a case that meets evidentiary requirements for grand jury indictment.
women and criminality
75%/25%. Female crime on the rise because they now have jobs as opposed to being at home.
criminal act committed by one or more employees of a corporation that is subsequently attributed to the organization itself.
the conversion (misappropriation) of property or money with which one is entrusted or for which one has fiduciary responsibility.
acquisition of the property of another through deception.
origin of juvenile courts
Chicago in 1899
a violation of the law committed by a person or group of persons in the course of an otherwise respected and legitimate occupation or business enterprise.
Congress passed this law in 1890 to prohibit any contract, conspiracy, or combination of business interests in restraint of foreign or interstate trade. (Limited the exercise of monopolies.)
Sherman Anti-Trust Act
Uniform Crime Report
- Issued by the FBI. Voluntary annual report of 16,000 police agencies.
- Part One: (violent crimes [index] but not arson)
- Part Two: (fraud, weapons)
completed in cooperation with Census Bureau and the Department of Justice. Phone survey of 50,000 people every 6 months. Reveals crimes that were not reported to police and why they weren’t reported.
all state courts in the country must apply the exclusionary rule as a matter of constitutional law.
Mapp vs. Ohio (1961)
In re Gault (1967)
- Established juvenile rights:
- 1.) right to receive adequate and timely notice of charges
- 2.) right to counsel
- 3.) right to be confronted by and to examie witnesses
- 4.) privilege against self-incrimination (Read page 28)
beyond reasonable doubt, preponderance of the evidence, probably cause, reasonable suspicion
Standards of Proof
FBI Index Offenses
everything violent except arson
- 1st degree- killing done with premeditation and deliberation or, by statute, in the presence of other aggravating circumstances.
- 2nd degree- killing done with intent to cause death but without premeditation and deliberation.
one human causing the death of another.
- voluntary- intentional but without malice (passion crime)
- Involuntary- reckless (DUI)
a law forbidding the sale of alcoholic beverages; "in 1920 the 18th amendment to the Constitution established prohibition in the US"
use of material nonpublic financial information about securities to obtain unfair advantage.
use or threat of violence against people/government to punish them for past action or bring change of policy.
set of facts that would induce a reasonable person to believe that the accused committed the offense in question; the minimum evidence requirement for an arrest, according to the Fourth Amendment.
accusation against a criminal defendant prepared by a prosecuting attorney.
accusation against a criminal defendant rendered by a grand jury on the basis of evidence constituting a prima facie case.
International crime defined by convention (1948) and consisting of specific acts of violence committed with intent to destroy, in whole or in part, a national, ethnic, racial, cultural, or religious group.
"heat of passion" crime
money gained from IGG (ill got gains) must be “washed” (made legit).
Miranda vs. Arizona (1967)
the court placed the burden on the police to warn arrestees and those in custody of their Fifth Amendment (right to remain silent) and their sixth Amendment (right to have counsel appointed).
according to the 14th amendment, a fundamental mandate that a person should not be deprived of life, liberty, or property without reasonable lawful procedures.
due process revolution
characterized the criminal justice system as an orderly process comprising five interrelated phases with four paths.
president's commission (1967)
serving a sentence in the community in lieu of a prison term, on condition of good conduct, compliance with conditions, and under supervision.
release of a prisoner into the community during the last part of a prison term, on promise of good conduct and under supervision.
parent of the country; assumption by the state of the role of guardian over children whose parents are deemed incapable or unworthy.
book by Herbert Packer in which he indentifies the methods by which the criminal justice system seeks to achieve its goals: the due process model and the crime control model.
Limits of the Criminal Sanction
the Supreme Court mandated that every criminal defendant in whatever court- is entitled to the assistance of counsel (legal advice).
Gideon vs. Wainwright (1963)
conduct a nationwide study of prevailing conditions in the administration of justice. Found there was little justice, there wasn’t even a system and most of those running the various agencies were untrained.
Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.
finding inadmissible evidence that is illegally obtained.
requires strict adherence to the Constitution. Focus is on the accused and his or her rights and also on providing some balance to the power and authority of the state. Due process protections under the Constitution force the state to fulfill its burden of proving its case against the accused.
due process model
focuses on the efficiency and effectiveness of the process. Exists to investigate crimes, screen suspects, detain dangerous defendants and secure convictions of guilty parties.
crime control model
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