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Monday, February 17, 2014

Foundations of Criminal Justics - Week 3 Notes

drugs issues
parallel to prohibition
mass violayion 4th admendet
search and siezure (due process)
procedural lawVOC
militizartion of police
legal vs ilegal drug
criminilization of vapor tobacco
who gets arrested (conflict theory)
higher rates of arrest & punishment for minorities
how drugs are obtained and used
waste of resources
**treatment ir incarceration cost more

dur process theory


orgasnized crime

outlaw myth
individualist nature of america

growth complex
media busts for LE
"Starting in the mid-1970s, the NORC surveyed households in American cities and uncovered huge amounts of crime that never made the official rolls. One possible scenario that emerged was that the police were too busy with the war on drugs to do normal everyday policing. "

Administrative regulations are a fourth source of criminal law. These regulations have the force of criminal law to the extent that they can provide for criminal penalties. They are written by regulatory agencies empowered by legislatures to develop rules governing specific policy areas. For example, many regulatory agencies were established during the second half of the twentieth century to protect public health, safety, and welfare in an increasingly complex marketplace. The Food and Drug Administration was established to screen products to protect consumers. Similarly, the Environmental Protection Agency, the Securities and Exchange Commission, and the Consumer Product Safety Commission were established to promulgate rules to promote safety and consistency in dealing with pollution and waste, stock-market transactions, and potentially dangerous products, respectively. If a regulatory agency wishes to add new rules, it must provide public notice of its intention and hold public hearings before adopting the rules.

conflict viewVOC

white collar crime

politics theory
punish left
**natural busybodies**
tiein prohibition

questions public good
is good when basic underpinning society undermined?
consensus viewVOC
"The custom of dueling, which continued even into the twentieth century in some parts of the United States, was a way to settle disputes outside the formal justice process. Dueling involved two disputing parties who used guns or swords to resolve their disagreement. Dueling was seen as a more direct and honorable way to resolve breeches of trust, property ownership disputes, and offenses against one’s family or honor. The famous duel in which Aaron Burr killed Alexander Hamilton in 1804 was an incident that helped ultimately to end dueling and to encourage the use of the public justice system to resolve criminal and civil wrongs. Church ministers of that period used the Hamilton–Burr duel as a prime example of why such private vengeance was wrong: In the words of one sermon, “[Hamilton] was no less a murderer because he was deceived by the wickedness of the law of honor.”p91

mens rea or “guilty mind.” VOC
actus reus, VOC

systems theorists

  • Why did the government approach the first war on drugs in such a haphazard manner? How and why was the second war on drugs handled differently?
  • What are the myths in this country about drugs, drug use, and the war on drugs? Where do they come from? How do they differ among different cultures and communities?
  • Are people’s myths and fears about some crimes too easily spun into a full-blown panic by social and political spin doctors? Have we over-reacted or underreacted to drug use in our country?
  • Should we criticize the media for glamorizing drug use? What blame can we place on the media (big business, movies, TV, music, news) for glamorizing drugs and encouraging young people to experiment?
  • What do we know about marijuana today that is based upon scientific research? What do we know about other drugs? Has our knowledge about the effects of drugs increased over time? Does this new knowledge call into question our continued war on drugs?
  • How are powerful interest groups trying to define drug policy today? What are their agendas? How does the public perceive the efforts of these groups? How does law enforcement perceive them?
  • What are the financial costs of the war on drugs? And, what are the costs, social, political, and economic, of drug use in our society? How can we manage both issues better?
  • Drug laws and drug tests in the workplace may be the result of a new form of moral panic. Is the marijuana issue a libertarian issue of free choice or should we control it for the people’s own good?
  • How does the first war on drugs compare to the new war on drugs carried out over the past 25 years?
  • What would the social impact be if drugs were legalized or if we abandoned the war on drugs?

  • What theories apply to the issue of myths pertaining to outlaws, the war on drugs, and organized and white-collar crime?
  • Why do you feel the U.S. culture glamorizes the criminal? In what ways do we have a myth of the outlaw? How is it expressed by society?

“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.”
C.S. Lewis



last week


Albanese, J.(2013) Criminal Justice (5th ed.). Virginia Commonwealth University

National Incident-Based Reporting System (NIBRS),

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