1
Q
What is globalization?
A
is the process of international integration arising from the interchange of world views, products, ideas and other aspects of culture
2
Q
What are the reasons to study criminal justice systems in other countries?
A
1) To broaden our understanding of the world
2) To benefit from others’ experience
3) To deal with international crime problems
3
Q
What is ethnocentrism?
A
the belief that one’s own country or culture does things “right” and all other ways are “wrong” or “foreign”
4
Q
What are the positive effects of ethnocentrism?
A
encourages pride, confidence, and group identification
5
Q
What are the negative effects of ethnocentrism?
A
- makes people unwilling to understand and appreciate differences between themselves and people from other groups (prejudice and discrimination
- crime within and across borders
6
Q
What do people think about the US criminal justice system?
A
- in the ABA study, 80% of Americans “agreed” or “strongly agreed” that the US justice system is the best in the world
- findings suggested that people have confidence in the system, but they do not believe its perfect
- they noted problems with the system
7
Q
What are the possible approaches toward the study of different criminal justice systems?
A
1) historical approach
2) political approach
3) descriptive approach
8
Q
What is the difference between the topical approach and the country-by-country approach?
A
A topical approach focuses on specific components of the criminal justice system and describes how different countries implement those segments. A country-by-country approach focuses on specific countries and describes the legal system’s operation in each country
9
Q
What is the functions approach?
A
The functions approach clarifies duties and highlights the similarities among countries but may mask important differences
10
Q
What is the institutions approach?
A
to compare countries on the basis of specific institutions and positions charged with accomplishing particular duties
11
Q
Why measure crime across the world?
A
- to identify similarities and differences in crime types and occurrence (“crime as a social phenomenon”)
- to extend our understanding of criminal behavior (“crime as a social behavior”)
12
Q
What is the difference between crime as a social phenomenon and crime as a social behavior?
A
crime as a social phenomenon: studying the issue
crime as a social behavior: studying the offender
13
Q
What sources can be used to measure crime at different stages of the criminal justice system?
A
data can be found in: correctional systems, courts, police records, and prosecutors
14
Q
What is the history of the attempts to measure crime in a comparative way?
A
- 1st attempt was in 1853 at the General Statistical Congress in Brussels
- 1970 the UN had a breakthrough survey
- Multiple intergovernmental organizations and private researchers have attempted to collect crime data since
15
Q
What kinds of crime-related data are collected by Interpol and how long has Interpol been collecting them?
A
- Collected from the 1950s until 2007
- Provided statistics on: murder, sex offenses, serious assault, theft, fraud, counterfeit currency, and drug offenses
16
Q
What are the problems with measuring crime data?
A
1) legal definition of a crime varies
2) crime statistics are viewed as political statements
3) many crimes are not reported to the police
4) somes crimes reported are not actually crimes, and some crimes reported are never officially recorded
5) the police make errors, are inefficient, or impose barriers
6) the police may opt to not record a crime
17
Q
What kinds of data are collected in the UN World Crime Surveys?
A
murder, rape, robbery, assault, and theft
18
Q
How frequently is the data collected for the UN World Crime Surveys?
A
every 5 years
19
Q
Which types of data are more likely to reported on the UN World Crime Survey?
A
- number of judges least likely to be sent for data collection
- number of prisoners most likely to be sent for data collection
- countries are more likely to provide information about a rape rather than a homicide
20
Q
What possible problems are there with the data for the UN World Crime Survey?
A
comparisons between or among countries is challenging
21
Q
What crime-related data does the World Health Organization collect?
A
- provides valuable information about homicide rates based on death certificates issued by medical examiners
22
Q
What is ICVS?
A
International Crime Victimization Survey
23
Q
How is the data collected for the ICVS and where?
A
asks representatives samples of individuals about selected offense they have experienced over a certain period of time, usually 5 years.
- collected in approximately 55 countries
24
Q
What types of offenses are covered by the ICVS?
A
property crimes (burglary), theft of and from cars, vandalism, violent crimes (robbery, assault), and sexual crimes (rape and sexual assault)
25
What is the Self-Reported Delinquency Study and how is it conducted?
- the first self reported survey among young people (14-21)
| - mostly in Europe, focuses on prevalence and frequency of delinquent behavior
26
What is the corruption perceptions index and who constructs it?
- ranks countries based on how corrupt they are perceived to be
- conducted every year by Transparency International
27
Does the corruption perceptions index measure the actual extent of corruption?
No, it measures how corrupt they are perceived to be
28
What is the Police Integrity study?
surveys more than 15,000 officers in 18 countries
29
What questions are asked in the Police Integrity study?
- asks police officers how serious they perceive cases of police misconduct to be, what the appropriate punishment is, and whether they would report such behavior to the administration
30
According to the Self-reported Delinquency Study, what percentage of juveniles has engaged in delinquent behavior?
58% and up depending on the country/city
31
What is international crime?
a crime that harms the world community as a whole; it threatens the international order
32
What are war crimes?
grave breaches of treaty and customary rules applicable in armed conflict situations, regardless of whether these are international or non-international
33
Can wars be just?
1) Realists: "in times of war, the law is silent"
2) Pacifists: advocate complete nonviolence
3) Just-war theorists: constraints on the conduct of war with just cause and just means
34
What are the primary treaties codifying the conduct of war?
1) Hague Conventions of 1899 and 1907
| 2) Geneva Conventions and Protocols of 1949 and 1977
35
What are the key rules of the Hague Conventions and the Geneva Conventions and Protocols and what do they regulate?
- provide various categories of lawful combatants
- limiting the conduct of combatants on the battlefield toward each other and toward civilians
- protecting those who do not take part in hostilities
36
What would be examples of crimes set out in the Geneva Conventions?
crimes against humanity
37
What are crimes against humanity?
a number of different criminal acts when they are perpetrated as part of a widespread and systematic attack on civilians
38
How does Cassesse define crimes against humanity?
a) "particularly odious offenses" that violate fundamental tenets of human dignity (murder, extermination, enslavement, and deportation)
b) part of a widespread or systematic attack against primarily civilians, which is condoned by government or another authority
c) can be committed during peace or war
39
What is the definition of crimes against humanity according to the Rome Statute of the ICC?
Any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
- murder
- extermination
- enslavement
- deportation by force
- imprisonment or other severe deprivation of physical liberty
- torture
- sexual violence
- persecution against any identifiable group for that reason
- enforced disappearance of persons
- the crime of apartheid
- other inhumane acts of similar character
40
Do crimes against humanity require armed conflicts?
No
41
What are the differences between murder and extermination?
extermination involves killing by the accused within a context of mass killing
42
Which countries practiced "disappearance of persons" as a way of dealing with political opponents during the 1970s and 1980s?
Argentina, Chile, Philippines, El Salvador, Sri Lanka and Syria among others
43
Which country is world-known for its apartheid?
South Africa
44
How does Andreopoulos divide crimes against humanity?
1) "Murder-type" crimes: cover offenses that can be perpetrated against any civilian population
2) "Persecution-type" crimes: perpetrated against any collectivity on political, national, ethnic, racial, religious, or other grounds
45
What are the basic ingredients of apartheid?
the elimination of the unwanted human element in question
46
How does the ICC define apartheid?
inhumane acts of a character similar to crimes against humanity, committed in the context of an institutionalized regime of systematic oppression
47
What is genocide?
any of the following acts committed with the intent to destroy, in whole or in part, a national, ethical, racial, or religious group as such:
- killing members of the group
- causing serious bodily or mental harm to members of the group
- deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
- imposing measures intended to prevent births within the group
- forcibly transferring children of the group to another group
48
What kind of intent is required for genocide?
the intent to destroy
49
Why is the Genocide Convention crucial?
the first UN legal instrument to indicate that individuals can bear international criminal responsibility
50
What are examples of recent trials for genocide?
1) 2001, four Rwandans put on trial
2) Slobodan Miosevic charged with genocide relating to Bosnia
3) Saddam Hussein was put on trial for genocide of Kurdish minority
51
According to Tompkins, how are rape and war connected?
1) as a war tactic
2) as means of troop mollification
3) as genocide: a war crime and crime against humanity, but NOT listed in the Genocide Convention
52
Is rape a form of genocide?
not initially but recent cases have made it a part of it
53
What form of international crime was committed in Rwanda during the 1990s?
Genocide
54
What is the timeline of events in Rwanda?
- 1988 the Rwandan Patriotic Front (RPF) is formed
- 1990 RPF invades, starting a civil war
- April 1994 RPF Hutu extremists begin killing their political opponents.
- May 1994 takes control of Presidential Palace
- July 1994 genocide ends with RPF taking control of country
55
How did the genocide end in Rwanda?
The RPF were able to enter Rwanda and slowly take over the country. In mid July 1994, when the RPF had full control, did the genocide stop.
56
What was the reaction of the international community to the events in Rwanda?
everyone stood by idle, unable to stop the genocide
57
What is transnational crime and how is it different from international crime?
Transnational crimes are criminal acts that span national borders, violating the laws of several countries whereas international crime is generally used to refer to acts that threaten world order and security (war crimes, genocides)
58
Why is there no separate category of organized crime included as a category of transnational crime?
Almost every single transnational crime has an organization behind it and it is a very small chance that a single person could pull off a transnational crime
59
What is the motivation for aircraft hijacking?
either to secure transportation out of a country, to draw attention to a cause, or to make political demands
60
What is the difference between cybercrime and computer crime?
cybercrime: the use of a computer as a tool
| computer crime: the computer itself is a target
61
What do we know about the losses from software piracy?
The losses are greatest where the markets are more developed.
62
Who studies computer crime and what do the results indicate about its extent?
the Software Publishers Association and the Business Software Alliance. Crime is greater in terms of percentages where the market is smaller and less developed, but losses are greatest in more developed markets
63
What are the problems in control of computer crime?
- no physical evidence
- able to ignore international borders
- hard to track
64
How is corruption defined?
the abuse of a public office or private gain
65
What forms can corruption take?
1) corruption in public administration
2) business corruption
3) high-level corruption
66
What does the Global Corruption Barometer tell about corruption?
does corruption differ across the world and across different institutions, and, if so, how?
67
How large is the drug trafficking business?
estimates $500 billion annually
68
Are drug crimes more likely to be punished?
yes
69
What is an environmental crime?
disposal of poisonous, radioactive, or nuclear industrial waste
70
What is maritime piracy and where is it most likely to occur?
rob/control ships for ransom. Most likely in Southeast Asia, the Caribbean, and recently the horn of Africa
71
What is money laundering?
monetary proceeds of criminal activity are converted into funds with an apparent legal source
72
What are the steps in the money laundering process?
1) placement
2) layering
3) integration
73
How big is the money laundering business?
an estimated $600 billion annually
74
How large is the business of stealing and selling art and cultural objects?
~$6 billion annually
75
How likely is it that the stolen objects will be recovered?
5% chance
76
What are the respective characteristics of trade in human body parts and trafficking in persons?
body parts: illegally obtained or sold from countries with economic problems
persons: recruitment, abandonment, transport, sale or receipt of humans for the purpose of exploiting their labor
77
How large is the human trafficking business?
1 million trafficked annually worldwide
78
What is trafficking in firearms?
trafficking in illegal firearms by governments and insurgents in war zone regions
79
What is terrorism?
acts of terrorism kill and injure innocent people, often at random and in large numbers
80
How is terrorism different from other forms of transnational crimes?
Consequently, dealing with terrorism lies somewhere between waging war and conducting police operations
81
What is the historical development of terrorism?
- Pan American flight 103 (1988)
- first World Trade Center bombing (1993)
- bomb attack at US Embassy in Saudi Arabia (1996)
- bomb attacks at US Embassy in Kenya (1998)
- 9/11
82
How does the FBI define terrorism?
the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives
83
What are the problems defining terrorism?
It is not easily accomplished because it takes no single form, and acts considered to be terrorist often have few common traits
84
What is the difference between domestic and international terrorism?
domestic: terrorist acts in their own country
international: attacks across borders
85
How can terrorism be classified based on goals?
1) Nationalist
2) State-sponsored
3) Religious
4) left-wing, right-wing, anarchist
86
What is the goal of nationalist terrorism?
goal is to force the government to respond to their violence in a harsh matter, hoping that such response would lead to discontent among the people and ultimately to a revolution
87
What is the goal of state-sponsored terrorism?
when practiced by governments against their own citizens when they wish to protect their own political or economic interests
88
What is the goal of religious terrorism?
to promote a certain religious system or protect a set of beliefs within a religion
89
What is the goal of left-wing, right-wing, and anarchist terrorism?
left wing: introduce communist or socialist regime
right wing: introduce fascist state
anarchist: overthrow all governments
90
Why is publicity relevant for terrorists?
its important to generate publicity in order to get extensive coverage and attention
91
How prevalent is terrorism today?
Attacks have gone down but casualties have fluctuated
92
What are the possible responses to terrorism?
1) foreign policy (ex: negotiation/compromise)
2) international cooperation strategies (ex: international conventions)
3) military and police detection and apprehension (ex: Department of Homeland Security)
4) prosecutions and convictions (ex: special courts)
93
What does the Department of Homeland Security do?
protect from terrorism and respond to national disasters
94
What is substantive criminal law?
defines what constitutes crimes
95
What is procedural criminal law?
regulates how the norms of substantive law are enforced
96
What are the general characteristics of substantive criminal law?
1) politically: only violations of legal rules made by the government can be called crimes
2) specificity: legal rules to provide detailed descriptions of the prohibited behavior
3) uniformity: equal application of laws
4) penal sanction: the prohibition of the behavior should be accompanied by a penal sanction
97
What are the major principles of substantive criminal law?
1) legality
2) actus reus: act or omission
3) mens rea: guilty mind
4) harm
5) causation: harm is the consequence of the act
6) concurrence: the match between the mens rea and the actus reus
7) punishment
98
What is the crime control model?
repression of criminal behavior the most important function performed requiring efficiency in apprehensions and convictions
-assumed guilty and hard to challenge
99
What is the due process model?
every effort is made to ensure that decisions are based on reliable information
-protects individuals rights
100
Would the 4th and 5th amendments fall under the due process or crime control model?
due process
101
What is new under the US Patriot Act in terms of substantive and procedural law?
- sneak and peek warrants
- roving surveillance
- National Security Letters
- creates new federal crimes for terrorist related activities
- increases penalties for counterfeiting, charity fraud, and cybercrime
ISS 315
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Decks in class (3)
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