Understanding the Criminal Justice System

1. Understanding the Criminal Justice System CJUS 101 Chapter 2: The Legal and Behavioral Aspects of Crime

2. Legal / Behavioral Aspects • Acts prohibited by law - control society - protect the public a. Effect of law - impact everyone - all state codes (1) Jurisdictions vary - crime in one location - not in another

3. Aspects - penalties may also vary (2) Uniform Crime Report - Federal Bureau of Investigations - based on police investigations - all jurisdictions 2. Classifications - personal crime / property crime (primary) a. Personal crime

4. Aspects (1) Murder/non-negligent manslaughter - willful killing - trend (a) Includes following - malice aforethought - deliberation - premeditation (b) Felony-Murder Rule - all suspects charged

5. Aspects (c) Washington law - aggravated 1st degree murder - 1st degree - 2nd degree - homicide by abuse - manslaughter 1st degree - manslaughter 2nd degree (2) Assault - unlawful attack - to inflict severe / aggravating injury

6. Aspects - trend (a) Washington law - 1st degree: great bodily harm - 2nd degree: substantial harm - 3rd degree: police / fire / transit - 4th degree: unwanted touching (b) Custodial assault - employee / volunteer - school / jail / prison / detention

7. Aspects (3) Rape - carnal knowledge - of a female - forcibly / against her will (a) Washington law - 1st degree: deadly weapon / injury / enter car or building - 2nd degree: forcible compulsion / mentally incapable/physically incapable

8. Aspects - 3rd degree: just saying ‘no’ / threat to property (b) Washington law says no matter: - what object is used - how slight the penetration - whether male / female victim (4) Robbery - taking / attempting to take - anything of value

9. Aspects - from the care / custody / control - of a person or persons - by force / threat of force or violence - or by putting victim in fear (a) Trend (b) Washington law - 1st degree: deadly weapon / displays deadly weapon / inflicts injury

10. Aspects - 2nd degree: strong-arm robbery / all other robberies (b) Threat of force must be immediate b. Property crime - crime directed toward a person’s property (1) Burglary - unlawful entry of a structure - to commit a crime inside

11. Aspects - trend (a) Washington law - intent to commit a crime - enters / remains unlawfully (b) 1st degree: deadly weapon / assaults person inside - residential: enters a home - 2nd degree: any other structure

12. Aspects (c) Extension of person - also charged with burglary (2) Larceny-theft - unlawful taking / carrying away / leading / or riding away - property of another (a) Trend (b) Washington law

13. Aspects - 1st degree: $1500 or more / person of another - 2nd degree: $250 or more / public record / access device / gun / car - 3rd degree: less than $250 (3) Motor vehicle theft - theft / attempted theft of vehicle (a) Trend

14. Aspects (b) Washington law - 1st degree: unlawful taking / without owner’s permission (c) Includes driver / all passengers - ride voluntarily - know vehicle is stolen (d) 2nd degree – w/o permission (4) Arson - willful / malicious burning - attempt to burn

15. Aspects - dwelling house / public building / property of another (b) Trend (c) Washington law - 1st degree: dangerous to human life / damages a dwelling / person inside / $10,000 or more for insurance purposes - 2nd degree: any building / dock /

16. Aspects structure / vehicle / crops / timber products / pasture / fences c. Secondary classifications (1) Sex offenses - number of other types - Washington law (a) Rape of a child - 1st / 2nd 3rd degrees

17. Aspects (b) Molestation (c) Indecent exposure / liberties (d) Prostitution / child pornography (e) Illegal communication for immoral purposes (2) Drug laws

18. Aspects - regulate / control - manufacture / transfer / distribution / sale / possession (a) Drug control acts - Pure Food and Drug Act (1906) - Harrison Act (1914) - Marijuana Tax Act (1937) - Uniform Controlled Substances Act (1970)

19. Aspects (b) Laws / penalties - vary from state to state (3) Crimes against public order / safety - petty, misdemeanor crimes (a) Local ordinances - to control public behavior - disorderly conduct / disturbing the peace / drunk in public / urinating in public / DV

20. Aspects • Behavior systems in crime - patterns / different behaviors a. Conduct prohibited by law - numerous reasons / methods used - poor / peer pressure / mentally disabled / physically disabled / way of life / not wrong (1) Violent personal crime - personal weapons / gun permits

21. Aspects (2) Surrounded by violence - television - movies - music - sports - life (a) Incitement to suicide - encourage others to kill themselves (b) Death with dignity

22. Aspects (c) Killing of a fetus - Roe vs. Wade (1973) b. Most violent country - excluding war / rebellion (1) Occasional property crime - check forger - shoplifter - welfare fraud - ‘theft by chance’

23. Aspects (2) Organized robbery / gang theft - more prevalent - well-armed / efficient - highly mobile (bloods / crips / Jamaican posse /Hell’s Angels / neo-nazis / Asian gangs / etc) (3) White collar / corporate crime - most lucrative / safest - bank clerk to chief executive officer - embezzlement to stealing

24. Aspects (4) Organized crime - organization / structure - laws and rules to follow - cover large areas (a) Mafia / La Cosa Nostra / Columbian cartels / Bloods-Crips / etc