THREE COMPONENTS TO CRIMINAL JUSTICE 1 Law Enforcement

THREE COMPONENTS TO CRIMINAL JUSTICE • 1. Law Enforcement • 2. Court System and Judiciary • 3. Sentencing and Corrections • Although these 3 components have distinct purposes and responsibilities – the WHOLE system fails if they do not effectively work together. Specific or Generic Examples?

LAW ENFORCEMENT • Includes Local and State Police, County LE as well as Federal Agencies • Usually LE has first contact with victim • Performs Legal Duties such as: • Receiving and documenting reports • Investigation • Gathering and holding of evidence • Making an arrest as needed

COURT SYSTEM AND JUDICIARY • Possibly the most critical of the components • Ensure Victim’s and Offender’s rights are kept • Victim’s Rights include: being kept notified of the status of the case; best interest kept in mind during all court proceedings; etc. • Offender’s Rights include: the right to legal representation; the right to a speedy trial; the right to be heard

RESPONSIBILITY OF JUDICIARY • The responsibilities of the Judge include: • Deciding the release status of an offender • Accept or deny plea negotiations • Oversee the trial proceedings • Determine the final sentence for a convicted offender • Allow written or oral victim impact statements

SENTENCING AND CORRECTIONS • Describes either institutional or community supervision • Probation – used as alternative to incarceration (Who? ) • Incarceration – Jail or Prison (Why? ) • Parole – What is it? Why is it used? What happens if conditions are violated?

UNIT 1 CRIMES What is a crime? • an act that one does or attempts to do that is in violation of a law: • a behavior that society and government has set a penalty as a consequence: Let’s see if each person in class can name a crime.

There are several different aspects to the concept of crime. Such as…. . 1. consequences to committing crimes 2. motivations to committing crimes 3. classification of crimes

CONSEQUENCES 1. direct consequences -tangible (meaning? ) -can be calculated (meaning? ) -close to immediate (meaning? ) Examples? incarceration, probation, fine 2. indirect consequences -tough to quantify -not easily describable -relevant to person involved public embarrassment future job employment school/military acceptance “hidden” fees Examples?

MOTIVATIONS What do you think is far and away the #1 factor motivating people to commit crimes? 1. drugs and/or alcohol -buying, possession, using, selling, all drug related crimes (Such as? ) 2. monetary- $$$$ 3. mental illnesses- professionally diagnosed 4. reactionary/impulse driven 5. gang violence

CLASSIFICATION You all have read or heard how ALL crimes no matter what state or level are classified. Felony Vs. Misdemeanor What do you think is the difference? Felony- any crime that is punishable by a more than two and a half years in prison: Misdemeanor- any crime that is punishable by two and a half years or less:

PARTIES 1. principal- one who commits, the most responsible for the crime 2. accomplice- helps principal and present at scene of crime while crime is being committed 3. Accessory before the crime- is involved in one/some of the following aspects before the crime: * planning * set up scene * set up victim * acquire tools to commit crime 4. Accessory after the crime- is involved in one/some of the following aspects after the crime: * destroy evidence * hide evidence * help party(ies) escape, flee * lie to investigators to help party(ies) flee

JOURNAL REFLECTION #2 September 17 If you could create or remove any law, which would it be and why? Provide 3 reasons justifying your choice with clear and distinct details.

UNIT 1: “CRIMES” Type of Crime: Crimes Against the Person Homicide the killing of one human being by another There are six degrees of homicide 1. 1 st Degree Murder 2. Felony Murder 3. 2 nd Degree Murder 4. Voluntary Manslaughter 5. Involuntary Manslaughter 6. Negligent Homicide

1. 1 ST DEGREE MURDER A killing that is premeditated, deliberate, and done with malice: Premeditation? Deliberation? Maliciousness? -

FELONY MURDER Any killing that takes place during the intentional committing of a felony such as robbery, rape, arson, or burglary: Not necessary to prove premeditation or deliberation, malice is assumed: 1 st Degree/Felony Murder-capital offense

2 ND DEGREE MURDER Killing done with malice, without premeditation or deliberation: Could be best viewed as middle ground between 1 st degree murder and manslaughter Dan comes home and finds his best friend Mike in bed with his wife. Dan runs out of the house in a state of shock. At a stoplight the next day, Dan sees Mike in the passenger seat of a nearby car. Dan pulls out his legally owned and carried handgun and fires three shots into the car at Mike. He misses Mike and kills the driver.

VOLUNTARY MANSLAUGHTER killing that would otherwise be murder, but the killing occurs after the victim has done something to the killer that would cause a normally rational person, to lose control and act irrationally: temporary insanity

INVOLUNTARY MANSLAUGHTER Responsibility for a death where there is no intent or malice at all. It is an unintentional killing that results from conduct so reckless on behalf of the victim, the reckless behavior causes a death to occur. It is an accidental death. Vehicular Manslaughter/Homicide

NEGLIGENT HOMICIDE Responsibility for a death that is caused because of a failure to use a reasonable or ordinary amount of care in a situation. Death caused by criminal negligence It is an accidental death. Vehicular Manslaughter/Homicide

“QUESTION, DO WE HAVE TO KNOW ALL OF THAT FOR THE EXAM”?

YES Give one key word to trigger your memory for each one of the degrees of homicide. 1. 1 st Degree Murder 2. Felony Murder 3. 2 nd Degree Murder 4. Voluntary Manslaughter 5. Involuntary Manslaughter 6. Negligent Homicide

OTHER CRIMES AGAINST THE PERSON Assault Any attempt or threat to carry out a physical attack upon another person (must be by person with the ability to carry out) Battery Any unlawful physical contact inflicted by one person upon another without consent *Simple Assault – unlawful touching of another person (Misdemeanor) Aggravated Assault- Intentionally inflicts injury that causes either permanent disfigurement or loss of body part or organ (Felony)

BATTERY BY BODY WASTE • A person knowingly or intentionally in a rude, disrespectful or angry manner, places fluid or body waste on another person. (Examles? ) It is a FELONY Stalking/Harassment willfully engaging in a pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress

SEXUAL ASSAULT Rape – Sexual intercourse without consent; being replaced with Criminal Sexual Assault laws Sexual Assault includes: 1. Verbal threats of a sexual nature to unwanted sexual contact 2. An attack that is attempted or completed 3. Grabbing and fondling 4. Does not have to include force No consent includes: 1. If victim is unconscious 2. Mentally incompetent 3. Drugs or alcohol impair judgment 4. Person is under 16 (Statutory) Rape Shield Laws – Used to protect victim Date Rape – Sexual Assault by someone known to the victim. Most go unreported. Why?

STATUTORY RAPE LAWS IN MA M. G. L. Chapter 265: Section 23 Whoever unlawfully has sexual intercourse or unnatural sexual intercourse, and abuses a child under sixteen years of age, shall for the first offense, be punished by imprisonment in the state prison for life or for any term of years… 1. Children under 16 are not legally able to engage consensually in sexual intercourse 2. Their consent is NOT recognized by law 3. Two-thirds of all births in the US to unmarried girls are fathered by adult men

SEXUAL ASSAULT STATISTICS 1. 1 out of every 7 women currently in college has been Sexually Assaulted; however 9 out of 10 women don’t tell anyone 2. 1 in 10 men have been sexually assaulted 3. Approximately 28% of rape victims are raped by their spouse; 35% by an acquaintance and 17% by a relative other than spouse 4. 74% of sexual assaults are committed by someone well-known to the victim 5. An American woman is 10 X more likely to be raped than to die in a car crash 6. 61% of rape victims are under the age of 18

PROPERTY CRIMES/ CRIMES AGAINST THE PROPERTY *Robbery* the use, threat, or intimidation of force to take a possession of value from another: Larceny/Theft the unauthorized taking of another’s possession that has value w/out person knowing: MA Grand/Petty Larceny Difference? Burglary unlawful entry of a structure in order to commit a felony or theft:

Arson willful or malicious burning of another’s property: Vandalism malicious mischief, willful destruction or damage to another’s property: Extortion the use of “threats” to obtain the property or another: “threats” consisting of… do physical harm, destroy property, injure character or reputation:

Embezzlement unlawful taking of someone’s property by someone to whom it was entrusted: Fraud any deception, lie, or dishonest statement made to cheat someone or induce them to agree to a contract

Forgery a person falsely makes or alters writing or a document with intent to commit fraud: Receiving Stolen Property to receive or buy property you know or should have reason to believe is stolen:

ALCOHOL • Change from DUI to OUI • Alcohol was a factor in 35% of violent crime • Alcohol was a factor in 67% of domestic violence cases • Implied Consent Law and Melanie’s Law

WHAT DO POLICE LOOK FOR WHEN SEARCHING FOR DRUNK DRIVERS? 1. Turning with a wide radius 2. Straddling center of lane marker 3. Weaving and swerving 4. Speed more than 10 mph under speed limit 5. Stopping without cause in traffic 6. Following too closely 7. Drifting 8. Braking erratically 9. Signaling inconsistent with driving 10. Erratic behavior by driver

SYMPTOMS OF INTOXICATION 1. Flushed face 2. Red, watery, glassy, and/or bloodshot eyes 3. Odor of alcohol emanating from person 4. Slurred speech 5. Fumbling with wallet trying to get license 6. Failure to comprehend officer’s questions 7. Staggering when exiting vehicle 8. Swaying or instability on feet 9. Leaning on car for support 10. Combative, argumentative, jovial (inappropriate) 11. Disorderly clothing 12. Disorientation to time and place 13. Inability to follow directions

Fatalities year Total Alc. -Rel % . 08 + % 1982 659 407 62 369 56 1983 651 409 63 364 56 1984 666 411 62 362 54 1985 742 390 53 338 46 1986 752 405 54 341 45 1987 689 377 55 331 48 1988 725 408 56 348 48 1989 696 384 55 322 46 1990 605 349 58 304 50 1991 552 288 52 244 44 1992 485 262 54 223 46 1993 475 208 44 175 37 1994 440 212 48 185 42 1995 444 193 43 167 38 1996 417 184 44 154 37 1997 441 198 45 159 36 1998 406 184 45 146 36 1999 414 195 47 161 39 2000 433 216 50 175 40 2001 477 228 48 198 42 2002 459 224 49 191 42 2003 462 207 45 170 37 2004 476 203 43 181 38 2005 442 171 39 150 34 2006 422 159 38 137 32 2007 417 177 42 146 35 2008 363 151 42 124 34 2009 334 130 39 108 32

DRUGS • Categories of Drugs • Estimated 90% of people incarcerated are there for drug and alcohol related crimes • “Decriminalization of marijuana” • Mandatory Sentencing

CLASSIFICATION OF DRUGS • Class A – Heroin, Morphine, etc. • Class B – Cocaine, Oxycontin, Codiene, Meth, Ecstasy, Amphetamines, etc • Class C – Tranquilizers (Valium, Vicodin), Hallucinogens • Class D – Marijuana • Class E – Over the Counter Meds (Tylenol #3)

PUNISHMENTS • Four Possible Charges – Possession, Possession w/ Intent to Distribute, Trafficking, Conspiracy to Violate Drug Laws • Example of Mandatory Sentences: • M. G. L Ch 94 C Sec 34 “Heroin is a class "A" substance. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both…”

PRELIMINARY CRIMES -unlawful behavior that takes place before the crime, and very often in preparation for the commission of the crime. Such as…. Attempt Solicitation Conspiracy

ATTEMPT • When someone performs ALL of the elements of a crime but fails to achieve the criminal result • Two things must occur to form an attempt: • Must have intended to commit a crime • Must have taken a SUBSTANTIAL step toward committing the crime. Meaning?

ATTEMPTED BANK ROBBERY IN DAVIS SQUARE DOESN'T END SO WELL FOR SUSPECTS BY ADAMG ON THU, 09/25/2014 - 11: 06 AM

“SOLICITATION” -Ask, urge, command, or advise someone to commit a crime: What do you think is the most common type of this?

BUT THERE IS STILL THIS: • http: //www. wftv. com/videos/news/man-charged-with-solicitation-to-commitmurder/v. CFNG/

CONSPIRACY agreement between two or more people to commit a crime: *could include principals, accomplices, or accessory before

“CRIMES OF OMISSION” failing to act when it is one’s legal duty to act, as long as one does not bring harm or threat of harm upon oneself: 1. hit and run-the act of causing a traffic accident and failing to stop and identify oneself afterwards: 2. obstruction of justice-interfering with the work of police, investigators, prosecutors or other (usually government) officials. 3. income tax evasioncriminal non-payment of tax