🍔American Society Unit 11 – Crime and Justice System

Key Concepts and Definitions

• Crime involves an act that violates criminal law and is punishable by the state
• Deviance refers to behavior that violates social norms but may not necessarily be illegal (public intoxication)
• Felonies are serious crimes punishable by imprisonment for more than one year or death (murder, rape, burglary)
• Misdemeanors are less serious crimes punishable by imprisonment for less than one year and/or fines (petty theft, simple assault)
• Recidivism is the tendency of a convicted criminal to reoffend
• Deterrence theory suggests that the threat of punishment can prevent people from committing crimes
  • Specific deterrence aims to discourage an individual offender from future criminal behavior
  • General deterrence aims to discourage the general public from committing crimes
• Retribution theory emphasizes punishment as a means of achieving justice and making the offender pay for their crime

Historical Context of Crime in America

• Colonial era saw a mix of English common law and local customs shape criminal justice
• Enlightenment ideas in the 18th century influenced the development of a more formalized criminal justice system
• 19th century witnessed the rise of organized police forces and the penitentiary system
• Progressive Era (early 20th century) brought reforms aimed at rehabilitation and the use of parole and probation
• 1960s and 1970s saw a rise in crime rates, leading to a shift towards more punitive policies (War on Drugs)
• Late 20th century marked the beginning of the "tough on crime" era with increased incarceration rates
• 21st century has seen growing concerns about mass incarceration, racial disparities, and the need for criminal justice reform

Types of Crime and Their Impact

• Violent crimes involve the use or threat of force (assault, robbery, rape, murder)
  • These crimes often result in physical and psychological harm to victims
  • Violent crime rates have generally declined since the 1990s but remain a significant concern
• Property crimes involve the theft or destruction of property without the use or threat of force (burglary, larceny, motor vehicle theft)
• White-collar crimes are non-violent crimes committed by businesses or individuals for financial gain (fraud, embezzlement, insider trading)
  • These crimes can have far-reaching economic consequences and erode public trust
• Cybercrime involves the use of computers and the internet to commit crimes (hacking, identity theft, online scams)
• Organized crime refers to criminal activities conducted by structured groups (gangs, mafias)
• Victimless crimes are illegal acts that do not directly harm others (drug possession, prostitution)
  • The classification of these crimes is often controversial, with debates about personal freedom and morality

Structure of the U.S. Justice System

• Federalism results in a dual court system with both federal and state courts
• Federal courts handle cases involving federal laws, the Constitution, and disputes between states or citizens of different states
• State courts handle cases involving state laws and local matters
• The U.S. Supreme Court is the highest court in the nation and has the power of judicial review
• Criminal justice process includes investigation, arrest, arraignment, trial, sentencing, and appeals
  • Plea bargaining is common, with many cases resolved through negotiated guilty pleas rather than trials
• Adversarial system pits the prosecution against the defense, with the judge serving as a neutral arbiter
• Due process ensures that the rights of the accused are protected throughout the criminal justice process

Law Enforcement and Policing

• Police are responsible for maintaining public order, enforcing laws, and investigating crimes
• Local police departments are the most common type of law enforcement agency in the U.S.
• Federal law enforcement agencies (FBI, DEA) investigate and enforce federal crimes
• Community policing emphasizes collaboration between police and communities to prevent crime and build trust
• Broken windows theory suggests that addressing minor crimes and disorder can prevent more serious crimes
• Racial profiling and excessive use of force by police have been major sources of controversy and public concern
  • High-profile cases (Michael Brown, George Floyd) have sparked nationwide protests and calls for police reform
• Advances in technology (body cameras, crime mapping) have changed policing practices and increased accountability

Courts and Legal Processes

• Courts are responsible for interpreting and applying the law, determining guilt or innocence, and imposing sentences
• Pretrial process includes initial appearance, bail hearing, and arraignment
• Right to a speedy and public trial by an impartial jury is guaranteed by the Sixth Amendment
• Burden of proof in criminal cases lies with the prosecution, who must prove guilt beyond a reasonable doubt
• Sentencing options include fines, probation, imprisonment, and capital punishment
  • Sentencing guidelines aim to promote consistency and fairness in sentencing decisions
• Plea bargaining involves negotiations between the prosecution and defense to resolve cases without a trial
  • Critics argue that plea bargaining can lead to coerced confessions and unfair outcomes
• Appellate courts review lower court decisions for legal errors and can affirm, reverse, or modify the decision

Corrections and Rehabilitation

• Corrections system includes jails (short-term confinement), prisons (long-term confinement), and community supervision (parole, probation)
• Incarceration rates in the U.S. are among the highest in the world, with over 2 million people currently imprisoned
• Rehabilitation programs (education, job training, substance abuse treatment) aim to reduce recidivism and help offenders reintegrate into society
  • Effectiveness of rehabilitation programs is often debated, with concerns about funding and implementation
• Parole and probation allow offenders to serve part of their sentence in the community under supervision
• Restorative justice focuses on repairing the harm caused by crime and involving victims, offenders, and communities in the justice process
• Prison overcrowding and poor conditions have been ongoing challenges in the U.S. correctional system
• Reentry programs provide support and resources to help former inmates transition back into society and reduce the likelihood of reoffending

Current Issues and Debates

• Mass incarceration has disproportionately affected communities of color and raised concerns about the fairness and effectiveness of the criminal justice system
• Racial disparities persist at every stage of the criminal justice process, from arrest to sentencing
• War on Drugs has been criticized for its disproportionate impact on minority communities and its role in driving mass incarceration
• Mandatory minimum sentences have been challenged for limiting judicial discretion and contributing to overcrowding in prisons
• Death penalty remains controversial, with debates about its morality, fairness, and effectiveness as a deterrent
• Juvenile justice system aims to balance accountability and rehabilitation for young offenders
  • Debate continues over the appropriate age of criminal responsibility and the use of adult courts for juvenile offenders
• Criminal justice reform efforts have focused on reducing incarceration, addressing racial disparities, and improving rehabilitation and reentry programs
  • Bipartisan support for reform has grown in recent years, but progress has been slow and uneven