Welcome to ADJU 1 -- Ms. Beshears -- msbeshears@bcconline.com -- Barstow College

During Week 1,


Table of Contents

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Chapter 1: What is Criminal Justice?

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Criminal events capture the attention of the general public in a way that few other events can. One reason is that crimes receive extraordinary emphasis in the mass media, from news coverage to feature films to television dramas to crime fiction. But even without this sort of amplification, crimes are intrinsically interesting events. As condensed and emblematic accounts of human conflict, they raise profound questions about the nature and sources of human motivation, the misfortune of fellow humans, the ability of the state to maintain social order, and, ultimately, the presence or absence of justice in human affairs.

There is another, perhaps more crucial, reason that crimes generate such acute public interest. Criminal events, at their most elemental level, are frightening events. They are reminders to all that the world is not a safe place, that danger can strike at any time or location, and that life, in the end, is tenuous and precious. Judging from the attention it elicited from criminologists, public fear of crime was regarded as a trivial consequence of crime through most of the history of criminology. None of the great names of 19th-century criminology gave the matter much attention, and the situation changed relatively little during the first half of the 20th century, now we're looking at the 21st-century. Many investigators, it seems, adopted the commonsensical but questionable notion that fear is directly proportional to objective risk, and assumed that strategies to control crime are ipso facto strategies to control fear.

Although the serious personal consequences of criminal victimization were apparent to criminologists, no one allowed that fear alone could be debilitating. Some three decades ago, however, the PresidentÂ’s Commission on Law Enforcement and Administration of Justice (1967, 3) offered this brief but trenchant observation: "The most damaging of the effects of violent crime is fear, and that fear must not be belittled." That statement prefigured a fundamental shift in the way that criminologists think about the consequences of crime, one that was to heavily influence the course of criminological research in years to come. To fully understand the social consequences of crime, criminologists came to realize, investigators cannot focus merely on those who become direct victims of crime. Important as these individuals surely are, researchers must also concentrate on those who suffer forms of indirect victimization, the most egregious of which is fear of crime.

The wisdom and awful implications of this insight were quickly borne out by survey research demonstrating that fear of crime in the United States is far more prevalent than actual victimization (often by orders of magnitude), and that Americans react to this fear through a variety of precautionary behaviors so pervasive and normative that they form a significant and defining element of American culture.

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Court Room Virtual Tour

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When you get to the site click on the different "DOORS"! Then move your mouse around in the room and click on the different items in each room.

Click on any of the different location names or positions for more information on the job of that person etc. 

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Individual Rights Advocates & Public Order Advocates

There is an ongoing conflict between those who favor an emphasis on protection of individual rights (individual rights advocates) and proponents of the curtailment of individual rights for the perceived greater good of society in general (public order advocates). Read about this in detail in our textbook.

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Due Process of Law

Due Process of Law, is administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and with safeguards for the protection of individual rights. It is often referred to in such terms as the "law of the land" and "legal judgment of his peers." These expressions were used for the first time in the sense of due process in the great charter of English liberty, the Magna Carta.

In the U.S. the phrase due process first appears in the 5th Amendment to the U.S. Constitution, ratified December 15, 1791. Because the amendment refers specifically to federal and not state actions, another amendment was necessary to include the states. This was accomplished by the 14th Amendment, ratified July 9, 1868. Thus was established at both federal and state levels that no person "shall be deprived of life, liberty, or property without due process of law."

As determined by custom and law, due process has become a guarantee of civil, as well as criminal rights.

Much emphasis has recently been placed by the U.S. Supreme Court on procedural safeguards in the administration of criminal justice in federal and state courts. Through interpretation of the law, due process has grown to include, among other things, provision for ensuring an accused person a fair and public trial before a competent tribunal, the right to be present at the trial, and the right to be heard in his or her own defense; the doctrine that the provisions of criminal statutes must be drawn so that reasonable persons can be presumed to know when they are breaking the law; and the principles that taxes may be imposed only for public purposes, that property may be taken by the government only for public use, and that the owners of property so taken must be fairly compensated.

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Chapter 2:The Crime Picture

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The Nation's Two Crime Measures

Federal Bureau of Investigation (FBI)

The FBI's UCR program, which began in 1929, collects information on the following crimes reported to law enforcement authorities: homicide, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson.Arrests are reported for 21 additional crime categories.

The UCR data are compiled from monthly law enforcement reports or individual crime incident records transmitted directly to the FBI or to centralized state agencies that then report to the FBI. Each report submitted to the UCR Program is examined thoroughly for reasonableness, accuracy, and deviations that may indicate errors. Large variations in crime levels may indicate modified records procedures, incomplete reporting, or changes in a jurisdiction's boundaries. To identify any unusual fluctuations in an agency's crime counts, monthly reports are compared with previous submissions of the agency and with those for similar agencies.

In 1994, law enforcement agencies active in the UCR Program represented approximately 249 million U.S. inhabitants--96 percent of the total population. The UCR Program provides crime counts for the Nation as a whole, as well as for regions, states, counties, cities, and towns. This permits studies among neighboring jurisdictions and among those with similar populations and other common characteristics.

UCR findings for each calendar year are published in a preliminary release in the spring, followed by a detailed annual report, Crime in the United States, which is issued in the following calendar year. In addition to crime counts and trends, this report includes data on crimes cleared, persons arrested (age, sex, and race), law enforcement personnel (including the number of sworn officers killed or assaulted), and the characteristics of homicides (including age, sex, and race of victims and offenders, victim-offender relationships, weapons used, and circumstances surrounding the homicides).Other special reports are also available from the UCR Program.

Following a 5-year redesign effort, the UCR Program is currently being converted to the more comprehensive and detailed National Incident-Based Reporting System (NIBRS). The NIBRS will provide detailed information about each criminal incident in 22 broad categories of offenses.

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National Crime Victimization Survey - {Bureau of Justice Statistics (BJS)}

The Bureau of Justice Statistics' NCVS, which began in 1973, provides a detailed picture of crime incidents, victims, and trends. After a substantial period of research, in 1993 the survey completed an intensive methodological redesign. The redesign was undertaken to improve the questions used to uncover crime, update the survey methods, and broaden the scope of crimes measured. The redesigned survey collects detailed information on the frequency and nature of the crimes of rape, sexual assault, personal robbery, aggravated and simple assault, household burglary, theft, and motor vehicle theft. It does not measure homicide or commercial crimes (such as burglaries of stores).

U.S. Census Bureau personnel interview all household members at least 12 years old in a nationally representative sample of approximately 49,000 households (about 101,000 persons). Households stay in the sample for 3 years and are interviewed at 6-month intervals. New households rotate into the sample on an ongoing basis.

The NCVS collects information on crimes suffered by individuals and households, whether or not those crimes were reported to law enforcement. It estimates the proportion of each crime type reported to law enforcement, and it summarizes the reasons that victims give for reporting or not reporting.

The survey provides information about victims (age, sex, race, ethnicity, marital status, income, and educational level), offenders (sex, race, approximate age, and victim-offender relationship), and the crimes (time and place of occurrence, use of weapons, nature of injury, and economic consequences). Questions also cover the experiences of victims with the criminal justice system, self-protective measures used by victims, and possible substance abuse by offenders. Supplements are added periodically to the survey to obtain detailed information on topics like school crime.

The first data from the redesigned NCVS were published in a BJS bulletin in June 1995.BJS publication of NCVS data includes Criminal Victimization in the United States, an annual report that covers the broad range of detailed information collected by the NCVS. BJS publishes detailed reports on topics such as crimes against women, urban crime, and gun use in crime. The NCVS and UCR data files are archived at the National Archive of Criminal Justice Data at the University of Michigan to enable researchers to perform independent analysis.

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Comparing UCR and NCVS

Because the NCVS was designed to complement the UCR program, the two programs share many similarities. As much as their different collection methods permit, the two measure the same subset of serious crimes, defined alike. Both programs cover rape, robbery, aggravated assault, burglary, theft, and motor vehicle theft. Rape, robbery, theft, and motor vehicle theft are defined virtually identically by both the UCR and NCVS. (While rape is defined analogously, the UCR Crime Index measures the crime against women only, and the NCVS measures it against both sexes.)

There are also significant differences between the two programs. First, the two programs were created to serve different purposes.The UCR Program's primary objective is to provide a reliable set of criminal justice statistics for law enforcement administration, operation, and management. The NCVS was established to provide previously unavailable information about crime (including crime not reported to police), victims, and offenders.

Second, the two programs measure an overlapping but non-identical set of crimes. The NCVS includes crimes both reported and not reported to law enforcement. The NCVS excludes, but the UCR includes, homicide, arson, commercial crimes, and crimes against children under age 12. The UCR captures crimes reported to law enforcement, but it excludes sexual assaults and simple assaults from the Crime Index.

Third, because of methodology, the NCVS and UCR definitions of some crimes differ. For example, the UCR defines burglary as the unlawful entry or attempted entry of a structure to commit a felony or theft.The NCVS, not wanting to ask victims to ascertain offender motives, defines burglary as the entry or attempted entry of a residence by a person who had no right to be there.

Fourth, for property crimes (burglary, theft and motor vehicle theft), the two programs calculate crime rates using different bases. The UCR rates for these crimes are per-capita (number of crimes per 100,000 persons), whereas the NCVS rates for these crimes are per-household (number of crimes per 1,000 households). Because the number of households may not grow at the same rate each year as the total population, trend data for rates of property crimes measured by the two programs may not be comparable.

In addition, some differences in the data from the two programs may result from sampling variation in the NCVS and from estimating for non-response in the UCR. The NCVS estimates are derived from interviewing a sample and are therefore subject to a margin of error. Rigorous statistical methods are used to calculate confidence intervals around all survey estimates. Trend data in NCVS reports are described as genuine only if there is at least a 90% certainty that the measured changes are not the result of sampling variation. The UCR data are based on the actual counts of offenses reported by law enforcement jurisdictions. In some circumstances, UCR data are estimated for non-participating jurisdictions or those reporting partial data.

Each program has unique strengths. The UCR provides a measure of the number of crimes reported to law enforcement agencies throughout the country. The UCR's Supplemental Homicide Reports provide the most reliable, timely data on the extent and nature of homicides in the Nation.The NCVS is the primary source of information on the characteristics of criminal victimization and on the number and types of crimes not reported to law enforcement authorities.

By understanding the strengths and limitations of each program, it is possible to use the UCR and NCVS to achieve a greater understanding of crime trends and the nature of crime in the United States. For example, changes in police procedures, shifting attitudes towards crime and police, and other societal changes can affect the extent to which people report and law enforcement agencies record crime. NCVS and UCR data can be used in concert to explore why trends in reported and police-recorded crime may differ.

Apparent discrepancies between statistics from the two programs can usually be accounted for by their definitional and procedural differences or resolved by comparing NCVS sampling variations (confidence intervals) of those crimes, said to have been reported to police with UCR statistics.

For most types of crimes measured by both the UCR and NCVS, analysts familiar with the programs can exclude from analysis those aspects of crime not common to both. Resulting long-term trend-lines can be brought into close concordance. The impact of such adjustments is most striking for robbery, burglary, and motor vehicle theft, whose definitions most closely coincide.

With robbery, annual victimization rates based only on NCVS robberies reported to the police are possible. It is also possible to remove from analysis UCR robberies of commercial establishments such as gas stations, convenience stores, and banks. When the resulting NCVS police reported robbery rates are compared to UCR non-commercial robbery rates, the results reveal closely corresponding long-term trends.

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