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?

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.

UNIT 1 CRIMES

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

4. parties to crimes

CONSEQUENCES1. 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 Examples?

public embarrassment future job employmentschool/military acceptance “hidden” fees

MOTIVATIONSWhat 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

CLASSIFICATIONYou 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:

PARTIES1. 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 #2September 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

Homicidethe killing of one human being by another

There are six degrees of homicide

1. 1st Degree Murder 2. Felony Murder3. 2nd Degree Murder 4. Voluntary Manslaughter5. Involuntary Manslaughter6. Negligent Homicide

1. 1ST DEGREE MURDER

A killing that is premeditated, deliberate, and done with malice:

Premeditation?-

Deliberation?-

Maliciousness?-

FELONY MURDERAny 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:

1st Degree/Felony Murder-capital offense

2ND DEGREE MURDERKilling done with malice, without premeditation or deliberation: Could be best viewed as middle ground between 1st 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 MANSLAUGHTERResponsibility 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”?

YESGive one key word to trigger your memory for each one of the degrees of homicide.

1. 1st Degree Murder2. Felony Murder3. 2nd Degree Murder4. Voluntary Manslaughter 5. Involuntary Manslaughter6. Negligent Homicide

OTHER CRIMES AGAINST THE PERSONAssault

Any attempt or threat to carry out a physical attack upon another person(must be by person with the ability to carry out)

BatteryAny 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/Harassmentwillfully 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 ASSAULTUnwanted sexual contact (molestation) is intentional as committed in any of the following ways:

1. physical force, violent coercion, verbal, or intimidation:

2. ignoring the objection of another person:

3. causing the intoxication or impairment through the use of alcohol or drugs:

4. taking advantage of another person’s incapacitation, state of intimidation, helplessness, or inability to give consent:

EXAMPLES OF SEXUAL ASSAULT IN MAIndecent Assault on Child under 14

Inducing Child of Chaste Life Under 18

Adultery

Molestation

Incest

Bigamy

Prostitution

Bestiality

RAPESexual intercourse without consent Aggravated Rape-use or weapon/violence

Statutory Rape- adult has sex with a minor

Massachusetts Law 1. 17 yr. old and 16 yr. old=Statutory 2. Victim under 12, more than 5 year age difference=Statutory 3. Victim between 12-16, more than 10 year

age difference=Statutory

DANNY VILLA- FORMER PATRIOT, WALPOLE H.S. ATHLETIC DIRECTOR, HEAD FOOTBALL COACH

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?

Burglaryunlawful entry of a structure in order to commit a

felony or theft:

Arsonwillful or malicious burning of another’s property:

Vandalismmalicious mischief, willful destruction or damage to

another’s property:

Extortionthe use of “threats” to obtain the property or

another:“threats” consisting of…

do physical harm, destroy property, injure character or reputation:

Embezzlementunlawful taking of someone’s property by someone to

whom it was entrusted:

Fraudany deception, lie, or dishonest statement made to

cheat someone or induce them to agree to a contract

Forgerya person falsely makes or alters writing or a document

with intent to commit fraud:

Receiving Stolen Propertyto 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 radius2. Straddling center of lane marker3. Weaving and swerving4. Speed more than 10 mph under speed limit5. Stopping without cause in traffic6. Following too closely7. Drifting8. Braking erratically9. Signaling inconsistent with driving10.Erratic behavior by driver

SYMPTOMS OF INTOXICATION1. Flushed face2. Red, watery, glassy, and/or bloodshot eyes3. Odor of alcohol emanating from person 4. Slurred speech5. Fumbling with wallet trying to get license6. Failure to comprehend officer’s questions7. Staggering when exiting vehicle8. Swaying or instability on feet9. Leaning on car for support10.Combative, argumentative, jovial (inappropriate)11.Disorderly clothing12.Disorientation to time and place13.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 94C 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….AttemptSolicitationConspiracy

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?

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

CONSPIRACYagreement 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 evasion- criminal non-payment of tax responsibilities