Austrian School Crime Control System Paper Instructions: Answer the following questions. 300+ words per question, using a minimum of two peer-reviewed sour

Austrian School Crime Control System Paper Instructions: Answer the following questions. 300+ words per question, using a minimum of two peer-reviewed sources. Use APA format for the references, in-text and at the end of each answer.1.Does the Consensus Model or the Conflict Model best describe the American Criminal Justice System? Why? Support your position with real life examples from reliable news sources, such as NPR, CNN, BBC, Washington Post, Wall Street Journal, Foreign Affairs, or the New York Times. Which model does the film Park Avenue describe?2.Should corrections officials release non-violent offenders early considering prison and jail overcrowding and diminishing budgets? Why or why not? What are some of the potential consequences, positive and negative, of early release?3.Watch the video Dynamic Discretion During the Traffic Stop (Links to an external site.). Do you believe the sheriff in the video was correct in his method of discretion? Read the comment posts. Do most agree or disagree with him? Explain. What if, to end racial and gender profiling, the United State or state governments dropped the use of police officer discretion. What would be the outcome of this type of law? Explain. Instructions: Answer the following questions. 300+ words per question, using
a minimum of two peer-reviewed sources. Use APA format for the
references, in-text and at the end of each answer.
1. Does the Consensus Model or the Conflict Model best describe the
American Criminal Justice System? Why? Support your position with real
life examples from reliable news sources, such as NPR, CNN, BBC,
Washington Post, Wall Street Journal, Foreign Affairs, or the New York
Times. Which model does the film Park Avenue describe?
2. Should corrections officials release non-violent offenders early
considering prison and jail overcrowding and diminishing budgets? Why
or why not? What are some of the potential consequences, positive and
negative, of early release?
3. Watch the video Dynamic Discretion During the Traffic Stop (Links to an
external site.). Do you believe the sheriff in the video was correct in his
method of discretion? Read the comment posts. Do most agree or
disagree with him? Explain. What if, to end racial and gender profiling,
the United State or state governments dropped the use of police officer
discretion. What would be the outcome of this type of law? Explain.
Copyright Information (bibliographic)
Document Type: Book Chapter
Title of Book: CJ Criminal Justice (5th Edition)
Author(s) of Book: Larry K. Gaines, Roger LeRoy Miller
Chapter Title: Chapter 1 Criminal Justice Today
Author(s) of Chapter: Larry K. Gaines, Roger LeRoy Miller
Year: 2019
Publisher: Cengage Learning
Place of Publishing: the United States of America
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LEARNING OBJECTIVES
After studying this chapter, you will be able to …
Define crime.
Outline the three levels of law enforcement.
List the essential elements of the corrections system.
Define ethics, and describe the role that it plays in discretionary decision making.
Describe the defining aspects of a terrorist act, and identify one common misperception concerning
domestic terrorism.
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.’PAGE 20 for
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0
n March 17, 2017, law enforcement
Rivello was charged with criminal
attitude toward firearm ownership, sent
cyberstalking with intent to kill or cause
a number of angry tweets to pro-gun
sending a tweet. Several months earlier,
bodily harm-a rare instance in which an
politicians.”! am literally going to buy
journalist Kurt Eichenwald, seeing
online violent threat triggered a response
a gun shoot you in the face I watch
that someone using the account@
from the criminal justice system. Millions
your brains splat [sic];’ he tweeted at
jew_goldstein had replied to one of his
of such threats are made each year via
Senator Roy Blount, a Republican from
Twitter posts with a moving image tweet
social media, the difference being that
Missouri. Schmitz was eventually charged
agents arrested John Rivello for
known as a GIF, clicked on the file. The
most of these tweets are intended to
with making threatening interstate
message, “You deserve a seizure for your
cause emotional distress rather than the
communications and spent two weeks
posts;’ appeared, along with a blinding
physical damage done to Eichenwald.
in jail. “I wanted to get a rise;’ Schmitz
Under certain circumstances,
said, defending his actions. “I wanted
strobe light. Eichenwald, who suffers
from a brain disorder called epilepsy,
however, the practice known as
to make a point that I thought was civil
immediately fell to the ground and
“trolling” can lead to prosecution.
disobedience and nonviolent, because
became unresponsive. He lost feeling
Earlier in 2017, Kyler Schmitz, outraged
I wasn’t [planning to hurt anyone]:’
in his left hand and had trouble
over what he saw as this country’s lax
speaking for several weeks following
the episode.
Searching the suspect’s Twitter
account, agents from the Federal
Although a significant number of
violent threats are made on Twitter
and other social media platforms,
these threats rarely result in criminal
Bureau of Investigation found a great
charges. Under what circumstances,
deal of evidence that Rivello intended
ifany, do you believe that those who
to injure Eichenwald. Rivello had sent
numerous messages to other Twitter
threaten others on social media should
be arrested and charged with a crime?
users about his victim, including one
that said, “I know that he has epilepsy;’
and another expressing the hope that
the strobe light GIF “sends [Eichenwald]
into a seizure:’
WHAT IS CRIME?
Generally speaking, the criminal justice system cloes not
punish Internet speech, no matter how violent, threat­
ening, or distasteful. “People have a right to say what
they want. No matter how bacl it is and how hurtful it
is to other people,” says a detective with the Los Ange­
les Sheriffs Depmtment who investigates bias-related
crimes.1 That right is protected by the First Amendment
of the United States Constitution, which gives Americans
the freedom to express themselves-even in a hateful or
violent manner-,vithout having to worry about being
censored by the government.
This right cloes, however, have a limitation. If speech
reasonably causes a person to fear that she or he is in
imminent clanger from the speaker, that speech is not
constitutionally protected.” This “true threat” excep­
tion allowed law enforcement officials to arrest Kyler
Schmitz, whose tweets crossed the line between pro­
tected and unprotected speech. As this example shows,
a crime is not simply an act that seems dishonest or dan­
gerous or taboo. A crime is a wrong against society that
is proclaimed by law and
that, if committed under
Crime An.act that violates
specific circumstances, is
criminal law and is punishable
punishable by the c1iminal
by criminal sanctions.
justice system.
CHAPTER 1 Criminal Justice Today
3
One problem with the definition of crime just pro­
vided is that it obscures the complex nature of societies.
A society is not static-it evolves and changes, and its
concept of criminality evolves and changes as well. Sev­
eral years ago, for example, the United States Supreme
Comt rnled that, in “trne threat” cases, courts must take
into account the motive of the person making the alleged
threat.3 This decision suggests that Kyler Schmitz may
not have committed a crime if he could have proven that
he never intended to harm the recipients of his tweets.
International examples also show how different soci­
eties can have different concepts of criminality. India’s
Supreme Court recently ordered the country’s movie
tl1eaters to play the national antl1em, accompanied by
images of the Indian flag, before films to instill “a sense
of committed patriotism and nationalism.”.J ,i’itl1in l:vo
weeks of the rnling, Indian authorities had arrested at
least l:venty moviegoers for failing to stand during tl1e
antl1em, another requirement of the decision. It is highly
unlikely that American courts, bound by our traditions of
freedom of speech, would allow any similar police action.
To more fully understand the concept of crime, it
will help to examine the l:vo most common models of
how society “decides” which acts are criminal: the con­
sensus model and the conflict model.
1-1a
The Consensus Model
The term consensus refers to general agreement
among the majority of any particular group. Thus, the
consensus model rests on the assumption that as people
gather together to form a society, its members vill natu­
rally share similar norms and values. Those individuals
whose actions deviate from the established norms and
values are considered to pose a threat to the well-being
of society as a whole and must be sanctioned (punished).
The society passes laws to control and prevent unac­
ceptable behavior, thereby setting the boundaries for
acceptable behavior within
the group.5
Consensus Model A criminal
The consensus model,
justice model in which the majority
to
a
certain
extent, assumes
of citizens in a society share the
that
a
diverse
group of
same values andbeliefs.
people can have similar
MoralSPrinciples of right and
morals. In other words,
wrong behavior, as practiced by
they share an ideal of what
individuals orby society.
is “right” and “wrong.”
Conflict Model A criminal
Consequently, as public
justice model in Which the content
of criminal law is determined by
attitudes toward morality
the groups that hold economic,
change, so do laws. In sev­
political, and social power in a
enteenth-century America,
community.
a person found guilty of
4
PART 1 The Criminal Justice System
adulten; (having sexual relations with someone other
than one’s spouse) could expect to be publicly whipped,
branded, or even executed. Furthermore, a century ago,
one could walk into a pharmacy and purchase heroin.
Today, social attitudes have shifted to consider adultery
a personal issue, beyond tl1e reach of the state, and to
consider the sale of heroin a criminal act.
1-1b
The Conflict Model
Some people reject the consensus model on tl1e ground
that moral attitudes are not constant or even consis­
tent. In large, democratic societies such as the United
States, different groups of citizens have videly varying
opinions on controversial issues of morality and crimi­
nality such as abmtion, tl1e war on drugs, immigration,
and assisted suicide. These groups and their elected
representatives are constantly coming into conflict ,vith
one another. According to the conflict model, then, the
most politically powerful segments of society-based on
class, income, age, and race-have tl1e most influence
on criminal laws and are therefore able to impose their
values on the rest of the community.
Consequently, what is deemed criminal activity is
determined by whichever group happens to be hold­
ing power at any given time. Because certain groups
do not have access to political power, their interests are
not served by the criminal justice system. For instance,
nearly eight of every ten elected prosecutors in the
United States are white men, while only ,5 percent of
these posts are held by members of minmity groups.”
Given the authmity of prosecutors to decide which crim­
inal charges will be brought against defendants, this lack
of diversity can contribute to the mistrnst of law enforce­
ment felt in many minority communities.
1-1c
An Integrated Definition of Crime
Considering both the con­
LO 1-1 Define crime.
sensus and conflict models,
we can constrnct a definition
of crime that will be useful throughout this textbook. For
our purposes, crime is an action or activity that is:
1. Punishable under criminal law, as determined by the
majority or, in some instances, by a powerful minority.
2. Considered an offense against society as a whole and
prosecuted by public officials, not by victims and their
relatives or friends.
3. Punishable by sanctions based on laws that bring about
the loss of personal freedom or life.
► Assault and battery, two separate acts that cover
situations in which one person physically attacks
another (batte,y) or, through threats, intentionally
leads another to believe that he or she will be
physically harmed (assault).
► Robbery, or the taking of funds, personal property,
or any other aiticle of value from a person by means
of force or fear.
As you ,vill see in Chapter 3, these violent c,imes are fur­
ther classified by degree, depending on the circumstances
smTounding the c1iminal act. These circumstances include
the intent of the person committing the crime, whether a
weapon was used, and (in cases other than murder) the
level of pain at1d suffe1ing experienced by the victim.
At this point, it is important to understand the dif­
ference between crime and deviance, or behavior that
does not confonn to the norms of a given community or
society. Deviance is a subjective concept. For example,
some segments of society may think that smoking mari­
juana or killing animals for clothing and food is deviant
behavior. Deviant acts become crimes only when soci­
ety as a whole, through its legislatures, determines that
those acts should be punished-as is the situation today
in the United States with using certain drugs but not
with eating meat. Furthermore, not all crimes are con­
sidered particularly deviant-little social disapproval is
attached to those who fail to follow the letter of parking
laws. In essence, criminal law reflects those acts that we,
as a society, agree are so unacceptable that steps must be
taken to prevent them from occurring.
1-1a Types of Crime
How crimes are classified depends on their seriousness.
Federal, state, and local legislation has provided for the clas­
sification and punishment of hundreds of thousands of dif­
ferent criminal acts, ranging from jaywalking to first degree
murder. For general purposes, we can group criminal
behavior into five categories: violent crime, property crime,
public order crime, white-collar crime, and cyber crime.
VIOLENT CRIME C,imes against persons, or violent
crimes, have come to dominate our perspectives on
crime. There are four major categories of violent crime:
► Murder, or the unlawful killing of a human being.
► Sexual assault, or rape, which refers to coerced actions
of a sexual nah!fe against an unwilling patticipant.
,Yfiiversities and community colleges,
alth clinics, and social service agencies
crisis counselors to help victims of sexual assault
cope with the physical, emotional, and legal consequences of
sexual violence.
PROPERTY CRIME The
most common fonn ofcrimi­
nal activity is property crime,
or those crimes in which the
goal of the offender is some
forn1 ofeconomic gain or the
damaging of property. There
are three major fonns of
property crime:
1. Pocket-picking, shoplift­
ing, and the stealing of
any property without the
use of force are covered
by laws against larceny,
also known as theft.
2. Burglary refers to the
unlawful entry of a struc­
ture with the intention
of committing a serious
crime, such as theft.
3. Motor vehicle theft
describes the theft or
attempted theft of a
motor vehicle. Motor
vehicles include any
vehicle commonly used
Deviance Behavior that
is considered to go against the
norms established by society.
Murder The unlawful killing
ofone human being by another.
Sexual Assault Forced
or coerced sexual intercourse
(or other sexual acts).
Assault A threat or an attempt
to do violence to .another person
that causes that person to fear
immediate physical harm.
Battery The act of physically
contacting another person with
the intent to do harm, even if the
resulting injury is fnsubstahtial.
Robbery The act oftal
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