GENERAL Flashcards
(5 cards)
Reasons for carrying gun:
Protection, drug transactions, reputation/status, etc.
“Homicide is socially contagious, and associating with people engaged in risk behavior - like carrying a firearm and engaging in criminal activities - increases the probability of victimization”
4 REALITIES
Reality 1: everyone commits crimes of one kind or another, however, serious violent crime tends to be highly concentrated both demographically and geographically. “Networked” victims and offenders. Highly violent crimes are concentrated geographically in one place
Reality 2: marginalized people were at greater risk of victimization of crime but disproportionately lack protection resources (if white teenagers got killed in the hood with guns more often, we would probably have different gun rights)
Reality 3: a “peace dividend” that would shift resources to schools, health care, social programs, and so forth is politically hard to sell. people like scapegoats, something to hate against. saying let’s give kids education and resources while young is harder to sell than saying let’s lock away the scary people.
Reality 4: for better or for worse, legal and policy changes disproportionately impact marginalized people and communities. Whatever comes about with marijuana legal experimentation is gonna be felt more by people in rainier valley than mercer island. You need to think of policy effects ahead of time, have a safety net.
Farrell’s 5
preliminary evidence - it cant be false (death penalty forcing more ppl to not commit crimes…UK banned it but…)
cross nationality - canada and us, you can’t have an explanation that is nation specific
prior crime increase - it hasn’t been steadily declining. so saying we’ve been getting more economically sound won’t work as we’ve been better off earlier but crime actaully rose then
phone theft and ecrime - although violent crime is going down, we know technology crimes are going up
varying trajectories - some countries, property crime went up but violent crime went down, you have to account for these.
3 traits a leader must have
commitment to cause/passion
lack of sense of responsibility
sense of proportion
stop and risk (reasonable suspc for weaposn)
traffic stop (pc)
arrest ( pc)
• Stare decisis (“stand by the decision”): the doctrine of precedent under which courts follow earlier rulings in deciding new cases. Unless compelling reasons dictate otherwise.
• Exclusionary rule: Evidence improperly or illegally obtained cannot be used to prosecute a case, and thus is suppressed or excluded. See Mapp v. Ohio (1961)
• Remember the tragedy of power: Police action by its nature is coercive and intrusive. Criminal procedure and case law must seek to balance individual liberty against wider social interests.
• But there is no perfect balance. A criminal justice system that caused no inconvenience, pain and suffering would be impossible and ineffective.
• Social contact: requires no legal justification — just an ordinary social interaction. Not a seizure, therefore no legal obligation to remain or answer questions.
• Stop and frisk (terry stop): With reasonable suspicion, police can stop, detain and frisk for weapons. Legal seizure. Must remain and cooperate. Use of force is allowed if reasonable and necessary. See Terry v. Ohio). Reasonable suspicion requires an articulable, factual basis: It is more than a “hunch” or “gut feeling.”
o A frisk on a terry stop is only for weapons.
• Traffic stop: With probable cause, police can stop a vehicle. Legal seizure. Must remain and cooperate. Occupants can be made to exit and can be frisked (Pennsylvania v. Mimms), and cars can also be “frisked” (Michigan v. Long).
• Arrest: requires a warrant or probable cause. “Facts and circumstances would lead a reasonable officer to believe that a crime has been committed, and that the person in question is the one who committed it.”
• Miranda is only triggered by custodial interrogation.
