Unit 2 Tutorials: The Criminal Justice System, Victimization, and Criminal Law INSIDE UNIT 2 The Criminal Justice Field History of the U.S. Criminal Justice System Trends and Changes to the U.S. Criminal Justice System Case Analysis: The First Step Act Department of Homeland Security Case Analysis: Silk Road Investigation Victims and Victimization in the Criminal Justice System Conditions and Changes that Impact Victims Impacts of Victimization Factors in Victimization Theories of Victimization Case Analysis: Victims' Rights and Marsy's Law Criminal Law in the U.S Functions of Law in the U.S Differences in Law Substantive vs. Procedural Law The U.S. Constitution The First, Second, and Fourth Amendments The Fifth, Sixth, Eighth, and Fourteenth Amendments Case Analysis: Miranda v. Arizona History of the U.S. Criminal Justice System © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 1 by Sophia  WHAT'S COVERED In this lesson, you will learn about the evolution of the structure and function of the U.S. criminal justice system throughout history. Specifically, this lesson will cover: 1. History of the U.S. Criminal Justice System 1a. Colonial Roots and Early Influences 1b. Formation of the U.S. Criminal Justice System 1c. Nineteenth Century: Expansion and Reform 1d. Progressive Era and the Rise of Criminal Justice Reform 1e. Mid-20th Century: Civil Rights and Criminal Justice 1f. Late 20th Century to the Present: Challenges and Reforms 1. History of the U.S. Criminal Justice System The history of the United States criminal justice system is complex, with diverse influences, evolving legal frameworks, and shifting societal values. From its colonial roots to the contemporary era, the system has undergone transformations shaped by changes in societal norms, technological advancements, and evolving understandings of justice and human rights. This lesson traces the major historical developments in the U.S. criminal justice system, highlighting pivotal changes in law enforcement, the courts, and corrections. We will go into further depth about each of these components of the system in future lessons, but here, we will provide a brief history. 1a. Colonial Roots and Early Influences The origins of the U.S. criminal justice system can be traced back to the colonial period when the legal system was influenced by English common law (Dale, 2008). Colonists brought the legal traditions of England, which included concepts such as: Trial by jury Presumption of innocence The right to a fair trial However, during this period, severe punishments were imposed for minor offenses, reflecting the strict moral and religious codes of the time. In colonial America, law enforcement was a community-based operation. Early forms of policing included the "watch" system in urban areas, where volunteers patrolled the streets at night, and the "sheriff" system in rural © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 2 areas, where a locally elected official was responsible for maintaining law and order (Waxman, 2017). This approach to law enforcement meant that justice was often influenced by local customs and attitudes. 1b. Formation of the U.S. Criminal Justice System Following the American Revolution, the United States sought to develop a legal identity separate from its colonial past. The U.S. Constitution was ratified in 1788, establishing a federal system of government with a separation of powers among the executive, legislative, and judicial branches. The Bill of Rights, which was added in 1791, provided several important protections for people accused of crimes, including the right to due process, a speedy trial, and protection against unreasonable searches and seizures (National Archives, 2018). During this period, the foundation for the modern criminal justice system began to take shape. The judiciary emerged as a critical component, with the establishment of the Supreme Court and lower federal courts, which were given the authority to interpret the Constitution and adjudicate disputes. EXAMPLE The judiciary's role in shaping the criminal justice system was solidified with landmark decisions, such as Marbury v. Madison (1803), which established the principle of judicial review (LII, 2020). 1c. Nineteenth Century: Expansion and Reform The 19th century was a period of expansion and reform in the U.S. criminal justice system. As the nation became industrialized, crime rates in urban areas increased, prompting the development of more formalized policing systems. The first organized police department in the United States was established in Boston in 1838, followed by New York City in 1845 and other major cities soon after (Waxman, 2017). These early police departments were modeled after London's Metropolitan Police, emphasizing preventive patrol and the professionalization of law enforcement. The 19th century also saw the beginning of the penitentiary system in the United States. The Pennsylvania and Auburn systems emerged as two competing models for prison design and management. The Pennsylvania system, developed at the Eastern State Penitentiary, emphasized solitary confinement and reflection. The Auburn system, implemented at Auburn Prison in New York, focused on congregate labor during the day and solitary confinement at night. Both systems were rooted in the belief that incarceration and rehabilitation were more humane and effective than the harsh physical punishments of the colonial era (OJP, n.d.). Despite these reforms, the 19th-century criminal justice system was not without its flaws. Corruption was rampant in many police departments, and the system was often biased against marginalized groups, including African Americans, Native Americans, and immigrants. The end of the Civil War and the abolition of slavery brought new challenges, as Southern states enacted "Black Codes" and later, "Jim Crow" laws, to maintain racial segregation and suppress the newly won freedoms of African Americans (National Geographic Society, 2022). These laws were often enforced through discriminatory policing practices and biased judicial proceedings, highlighting the deep racial inequities that would continue to plague the criminal justice system. 1d. Progressive Era and the Rise of Criminal Justice Reform © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 3 The early 20th century, known as the Progressive Era, was marked by a wave of social and political reforms aimed at addressing the excesses and inequities of the industrial age. The criminal justice system was no exception. Reformers sought to professionalize policing, reduce corruption, and introduce more scientific approaches to crime detection and prevention. The establishment of the Federal Bureau of Investigation (FBI) in 1908 (Fox, 2003) marked a significant step toward creating a more centralized and coordinated approach to federal law enforcement. During this period, there was also a growing recognition of the need for specialized juvenile justice systems.  DID YOU KNOW The first juvenile court was established in Cook County, Illinois, in 1899, reflecting a shift towards a more rehabilitative approach for young offenders (OJP, n.d.). This new system aimed to divert juveniles away from adult criminal courts and correctional facilities, focusing instead on rehabilitation and reintegration into society. Similarly, this era also saw the beginnings of the modern prison reform movement. Reformers criticized the brutal conditions in many prisons and advocated for more humane treatment of inmates, including the introduction of education and vocational training programs. The rise of the parole system provided a way for people to earn early release based on good behavior, emphasizing rehabilitation over punishment. 1e. Mid-20th Century: Civil Rights and Criminal Justice The mid-20th century was a transformative period for the U.S. criminal justice system, driven largely by the Civil Rights Movement and the push for social justice (CJI, 2024). The movement highlighted the systemic racism and discrimination embedded within the criminal justice system, leading to significant legal and societal changes. EXAMPLE Landmark Supreme Court cases such as Brown v. Board of Education (1954) and Miranda v. Arizona (1966) helped redefine the rights of individuals within the system, particularly concerning due process and equal protection under the law. The 1960s and 1970s also brought increased federal involvement in crime control and criminal justice policy. The Omnibus Crime Control and Safe Streets Act of 1968 (Office of Justice Programs, n.d.) and the establishment of the Law Enforcement Assistance Administration (LEAA) were essential in providing federal funds to state and local law enforcement agencies, promoting the professionalization and modernization of policing practices. Despite these advancements, the era was also marked by a shift towards a more punitive approach to crime. The "War on Drugs" of the 1970s led to a dramatic increase in incarceration rates throughout the 1980s and 1990s, particularly for drug-related offenses. Rise of "tough-on-crime" policies, including mandatory minimum sentences and three-strikes laws, which contributed to the growth of the prison-industrial complex and disproportionately affected minority communities (The Persistent Impact of the War on Drugs in Federal Marijuana Policy, 2024). 1f. Late 20th Century to the Present: Challenges and Reforms © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 4 The late 20th century to the present has been characterized by debates and reforms aimed at addressing the shortcomings of the U.S. criminal justice system. The high rates of incarceration, racial disparities in sentencing, and the social and economic costs of mass incarceration have prompted calls for comprehensive reform. Recent decades have seen efforts to reform sentencing laws, reduce mandatory minimums, and expand alternatives to incarceration, such as drug courts, mental health courts, and community-based programs. The movement for police reform has also gained momentum, particularly in the wake of high-profile incidents of police violence and the rise of the Black Lives Matter movement. Calls for greater accountability, transparency, and community-oriented policing have led to changes in law enforcement practices and policies across the country (Porter, 2022). Technological advancements have also impacted the criminal justice system, introducing new tools for crime detection and prevention, such as: DNA testing Body-worn cameras Data analytics However, these technologies also raise concerns about privacy, civil rights, and the potential for misuse or abuse by law enforcement (JWU, 2023).  SUMMARY In this lesson, you were introduced to a brief history of the nation’s criminal justice system, which is influenced by changing legal frameworks, societal values, and technological advancements. The formation of the U.S. criminal justice system's colonial roots and early influences can be traced back to English common law, which introduced principles such as trial by jury and the presumption of innocence. During the early years, law enforcement was a community-based endeavor, characterized by volunteer night watches in urban areas and sheriffs in rural regions. As the nation developed its identity post-Revolution, the U.S. Constitution and Bill of Rights established protections and created a federal judiciary. Throughout the 19th and early 20th centuries, the system expanded and reformed. The Progressive Era brought with it the establishment of formal police departments, the introduction of penitentiaries, and the rise of the juvenile justice systems. Continuing with the civil rights movement and criminal justice in the mid-20th century, however, these changes were not without challenges, including corruption, racial inequities, and the controversial "War on Drugs," which led to mass incarceration. In the late 20th century to the present, ongoing debates, challenges, and reforms have focused on decreasing incarceration rates, addressing racial disparities, and integrating new technologies. All these efforts aim to create a more equitable and effective justice system. In the next lesson, you will learn about more recent trends in the system, with a focus on terrorism and cybercrime. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 5 Source: THIS TUTORIAL HAS BEEN ADAPTED FROM LOUIS: The Louisiana Library Network'S “CCRJ 1013: Introduction to Criminal Justice”. ACCESS FOR FREE AT LOUIS. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES CJI. (2024, August 27). 60 Years of the Civil Rights Movement Reflection: Its Lasting Impact on Criminal Justice CJI. CJI - Just Another Community Resources for Justice Site. https://www.cjinstitute.org/news-article/60-yearsof-the-civil-rights-movement-reflection-its-lasting-impact-on-criminal-justice/ Dale, E. (2008). Criminal Justice in the United States, 1790–1920: A Government of Laws or Men? In M. Grossberg & C. Tomlins (Eds.), The Cambridge History of Law in America (pp. 133–167). chapter, Cambridge: Cambridge University Press. Fox, J. F. (2003, July). The Birth of the Federal Bureau of Investigation. Federal Bureau of Investigation. www.fbi.gov/history/history-publications-reports/the-birth-of-the-federal-bureau-of-investigation JWU. (2023, August 25). Exploring the Impact of Criminal Justice Technology. JWU College of Professional Studies. online.jwu.edu/blog/empowering-justice-exploring-impact-of-criminal-justice-technology-modern-era/ Legal Information Institute (LII). (2020). Marbury v. Madison (1803). www.law.cornell.edu/wex/marbury_v_madison_%281803%29 Library of Congress. (n.d.). Prison discipline: the Auburn and Pennsylvania systems compared. Library of Congress, Washington, D.C. 20540 USA. www.loc.gov/item/2021692557/ National Archives. (2018). Constitution of the United States—A History. National Archives. www.archives.gov/founding-docs/more-perfect-union National Geographic Society. (2022, July 8). The Black Codes and Jim Crow Laws. National Geographic; National Geographic Society. education.nationalgeographic.org/resource/black-codes-and-jim-crow-laws/ Office of Justice Programs (OJP). (n.d.). Juvenile Court at 100 Years: A Look Back. www.ojp.gov. www.ojp.gov/ncjrs/virtual-library/abstracts/juvenile-court-100-years-look-back Office of Justice Programs (OJP). (n.d.). Omnibus Crime Control and Safe Streets Act of 1968. www.ojp.gov. www.ojp.gov/ncjrs/virtual-library/abstracts/omnibus-crime-control-and-safe-streets-act-1968 Porter, N. D. (2022, December 14). Top Trends in Criminal Justice Reform, 2022. The Sentencing Project. www.sentencingproject.org/fact-sheet/top-trends-in-criminal-justice-reform-2022/ The Persistent Impact of the War on Drugs in Federal Marijuana Policy. (2024, August 27). The Leadership Conference on Civil and Human Rights. civilrights.org/blog/the-persistent-impact-of-the-war-on-drugs-infederal-marijuana-policy/ Waxman, O. B. (2017, May 18). How the U.S. Got Its Police Force. Time; Time. time.com/4779112/police-historyorigins/ © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 6 Trends and Changes to the U.S. Criminal Justice System by Sophia  WHAT'S COVERED In this lesson, you will learn about terrorism and cybercrime, which are two areas of focus that have significantly affected the criminal justice system over the past 25 years. We touched upon these topics in previous lessons but will go into more depth in this lesson. Specifically, this lesson will cover: 1. Terrorism 1a. A Brief History of Terrorism 1b. Domestic Terrorism 1c. The Complexities of Terrorism and the U.S. Criminal Justice System 2. Cybercrime 2a. The Evolution of Cybercrime 2b. Cybercrimes and the Criminal Justice System 1. Terrorism Contrary to popular belief, terrorism in the United States did not begin with the catastrophic events of September 11, 2001. The downing of the World Trade Center Towers in New York City will be forever ingrained in the memories of Americans. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 7 However, there have been many events that foreshadowed this one incident that were just as memorable, if not more so. Before we get into further detail, it is important that we give a bit of context into the history of terrorism and its impact on current issues within the criminal justice system in the United States, because the United States has had such a unique relationship with the term “terrorism.” Not all acts of terrorism come from foreign adversaries. Much of it is born right here inside the United States. 1a. A Brief History of Terrorism Terrorism is an extremely difficult word to define. For this course's purpose, a generalized definition of terrorism is used. Therefore, terrorism is the unlawful use of violence and intimidation, especially against civilians, in the pursuit of political gains. In this section, we will provide a brief overview of terrorism’s historical context in the United States from the 20th century until the present. Incident Description The Milwaukee Italian anarchists protesting the conscription of men into World War I unintentionally Police detonated an improvised explosive device inside the Milwaukee, Wisconsin, Police Department Department, killing nine people. The bomb was meant to be set off inside a nearby church, Bombing (1917) where a local priest was campaigning for the war effort (Esmail, Eargle, and Hamann, 2021). Greenwood, Oklahoma, a suburb of Tulsa, was burned to the ground when an angry mob of The Tulsa Race Riots (1921) white residents descended upon the majority Black community after a Black man was accused of assaulting a white woman. The area at the time was known as “Black Wall Street” because of the affluence of the Black-owned businesses that made up the neighborhood (Esmail, Eargle, and Hamann, 2021). © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 8 Theodore “Ted” Kaczynski, a Harvard educated mathematician and engineer, terrorized the The country by sending homemade letter bombs through the mail. It was only after family Unabomber members recognized his writing style from a manifesto he had sent to media outlets that he (1978–1995) was apprehended in a small log cabin in rural Montana. Ted Kaczynski took his own life while in prison in 2023 (Esmail, Eargle, and Hamann, 2021). Believe it or not, the events of September 11 were not the first time the World Trade Center World Trade Center Bombing (1993) Towers were the victim of a terrorist attack. In the early morning of February 26, 1993, a moving van loaded with a chemical mixture of fuel and fertilizer was detonated in the parking garage of the North Tower. Six people were killed, and over 1,000 people were injured in the blast. Ramzi Yousef, a member of the international terrorist group al-Qaeda, was tried and convicted with five other co-conspirators (Law, 2016). Fearing that a group of Christian Fundamentalists called the Branch Davidians were stockpiling illegal weapons and maintaining a meth lab inside their Waco, Texas, compound, The Branch Davidians the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Drug Enforcement Administration (DEA) attempted to execute a search warrant on February 28, 1993. Fifty-one days later, 82 members of the Branch Davidian group, including men, women, and children, (1993) and multiple federal law enforcement officers, had been killed during a lengthy standoff that ended in a fire that consumed the building where the leader, David Koresh, had been hiding out. In retaliation for the disaster at Waco, among others, two American extremists, Timothy The Oklahoma McVeigh and Terry Nichols, detonated an improvised explosive device in front of the FBI City Bombing building in Oklahoma City, Oklahoma, on April 19, 1995. The explosion killed 168 people, (1995) including children who were attending childcare services for federal employees working in the office building. During the 1996 Summer Olympics in Atlanta, Georgia, a pipe bomb exploded in Olympic Atlanta Park, killing two and injuring 111. Initially, the FBI alleged the perpetrator to be a security Olympics guard, Richard Jewell, and made every attempt to discredit him to get him to confess. Jewell Bombing (1996) was later exonerated when in 2003, Eric Rudolph was arrested after a lengthy manhunt for the bombing of an abortion clinic and the bombing of a gay nightclub. After failing in 1993 to take down the World Trade Center Towers from the inside, al-Qaeda leader Osama bin Laden orchestrated a plot to topple the buildings from the sky. Two World Trade commercial airliners were hijacked and flown directly into the towers, culminating in their Center Towers collapse on September 11, 2001. Additionally, a simultaneous attack was carried out against (September 11, the Pentagon in Washington, D.C., when another hijacked commercial airliner was flown into 2001) it. A fourth attempt was thwarted when passengers were able to successfully subdue the terrorists and force the plane down in a field in rural Pennsylvania. Reports indicated that the flight was intended for either the White House or the Capitol Building.  TERM TO KNOW © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 9 Terrorism The unlawful use of violence and intimidation, especially against civilians, in the pursuit of political gains. 1b. Domestic Terrorism While the events of 9/11 awakened the United States to the threat of foreign terrorist attacks, there was still the issue of how the country and its criminal justice system defined domestic threats. Even while the country fought to avenge the destruction of the World Trade Center on a global scale, the United States was wrestling with how to deal with its own homegrown problems. While terrorism in its simplistic definition does include violence for political gain, that violence gets even more complex when other ideologies become involved, such as: Religion Homophobia Xenophobia Racism Environmental Extremism Since 9/11, there have been some notable domestic events added to the debate of just how far behind the criminal justice system is in dealing with terroristic attacks on U.S. soil by U.S. citizens. In 2015, Congress attempted to fix that by passing the Freedom Act and 18 U.S. Code 2331, both of which were instrumental in defining domestic terrorism (Hamann, et al., 2021). Unfortunately, neither legislation laid out the groundwork for penalties to be sanctioned against those convicted of crimes of domestic terrorism.  DID YOU KNOW To fight global terrorism, the United States government began a counterterrorism campaign that included a war effort against al-Qaeda and the countries alleged to have given them financial support and shelter. This brought the United States into conflict with Afghanistan and Iraq. Ultimately, these campaigns led to the deaths of both the leader of al-Qaeda, Osama bin Laden, and Saddam Hussein, the militant dictator of Iraq. Domestically, since 9/11, the United States has continuously increased its spending on counterterrorism efforts. President George W. Bush created the Department of Homeland Security in 2002 with the expressed purpose of safeguarding the American people from domestic threats, including cyberattacks, border security, and domestic terrorism in cooperation with the FBI. The Department of Justice has also been given ample budgetary funds to investigate and prosecute domestic offenders. EXAMPLE In 2022, the Department of Justice requested $101.2 million for domestic terrorism threats alone. This allocation was for the FBI, U.S. Marshals, U.S. Attorneys, and other offices to research "domestic radicalization."  TERM TO KNOW Domestic Terrorism A use or threat of violence by individuals or groups within a country to intimidate or coerce a civilian population or influence government policy for political, religious, or ideological objectives. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 10 1c. The Complexities of Terrorism and the U.S. Criminal Justice System The difficulty with terrorism within the United States criminal justice system comes from the fact that most domestic offenders are American citizens. Therefore, those who are alleged to have committed acts of violence that could be defined as "terroristic" in nature are still entitled to the same constitutional rights and privileges as everyone else. Furthermore, there is also the consideration of intent. The most difficult aspect of trying to define an act of violence is the intent, or motivation behind the event. With international terrorism, it is a much simpler definition in most cases: an act of violence, especially against civilians, for political gain. When those acts of violence are perpetrated by citizens against civilians (Americans against Americans), but the ideologies are not consistent with a particular political agenda, then the situation becomes much more complex than just being defined as a terroristic act. To lessen the complicated nuances of prosecuting domestic terrorism cases within the United States, or even trying to determine what constitutes a terrorist event within its borders, the U.S. criminal justice system has devised a method of legislative and punitive alternatives that do the same job as international terrorist violations. Instead of labeling everything as a “terrorist attack,” the federal government began passing legislation to prosecute violent acts against minority groups, since most of the incidents were being investigated as such. Starting in 1968, Congress passed 18 U.S.C. §245 (Violent Interference with Federally Protected Rights), which gave the criminal justice system the power to prosecute acts of violence against Black communities and Civil Rights activists. Over the course of the next 60 years, those prosecutorial powers have been expanded to include: Asian American and Pacific Island heritages Members of the LGBTQIA+ communities Many religious groups What these powers allow the U.S. criminal justice system to do is to still prosecute and punish violators the same as international terrorists while giving the courts a bit of flexibility within the system. The crimes are the same, the sentencing is the same, but now the distinction of the violent acts is called "hate crimes."  TERMS TO KNOW International Terrorism A use or threat of violence by individuals or groups that cross national borders to intimidate or coerce a civilian population or influence government policy for political, religious, or ideological objectives. Hate Crime A crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group. 2. Cybercrime  THINK ABOUT IT © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 11 What do all of these have in common? iPhone TikTok Spotify SmartWatch WiFi Google Subway Rewards Your personal information in some form or fashion is stored somewhere digitally in a “secure” location. How “safe” are any of these systems? At any given moment, someone is trying to get into the sensitive areas of every one of those listed places above to attempt to take the personal information that you have entered, to try and steal your identity for the purposes of an illegal act. They will then sell that information to whomever wants to buy it, and that individual can create a persona using your information to open credit cards and bank accounts, make purchases, and ruin your good credit and reputation that you have worked so hard for. And all these criminals need are a computer and an internet connection. Welcome to the Age of Cybercrime. Cybercrimes are any illegal acts committed using a communication device. This is a relatively new phenomenon, but the crimes are not. The crimes are the same, just repackaged using new methods. EXAMPLE Identity theft is still theft. Crypto and digital currency robbery is still robbery. Technological advancements, the internet, and our willingness to be open and free with the sharing of our personal information makes it that much easier for criminals to take advantage of the large amount of data that is out there, ripe for the taking. But criminals are not the only ones using our information for nefarious purposes. Corporations, advertising and marketing firms, and even governments use the same information we provide to tailor experiences and goods and services based on our everyday activities. IN CONTEXT There was a movie called War Games released in 1983. It was important for its time because of who it influenced. President Ronald Reagan watched this movie while on vacation at Camp David and was so intrigued that he called a meeting of his top military advisors and asked the question, "Is this possible?" (Kaplan, 2016). The movie involves a high school youth who just wants to play some video games, so he uses the internet to "hack into" what he thinks is a new gaming company. What he does not realize is that what he unintentionally does is begin communicating with a top-secret military computer that simulates global nuclear scenarios deep inside a military installation. Ultimately, the computer must learn the difference between what is real and what is just a game as the fate of the world is in the balance. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 12 This plot sounds extremely far-fetched, but the reality of is—it really is not. EXAMPLE The internet started out as a U.S. government communications project used to share sensitive information between research teams across great distances. It was easier to transmit data through phone lines and print them out on the other end than to mail them and risk exposure to being captured by an enemy state. What the U.S. government learned unexpectedly was that they could also initially intercept that same data from foreign governments without being detected, and so the great cyber race began. And then came cellphones, and personal computers, and the World Wide Web. Suddenly, the government no longer had a monopoly on the digital frontier, but they could still listen in undetected. That is, until lawmakers began passing legislation guaranteeing the privacy of digital information for American citizens. The first such law passed was in 1986 with the Electronic Communications Privacy Act. While this legislation banned eavesdropping on personal spoken communications, this protection did not extend to email and other telephone communications.  TERM TO KNOW Cybercrime An illegal act committed using a communication device. 2a. The Evolution of Cybercrime As the internet became more complex, and people became more connected with each other through their digital personalities, opportunities for crime also exponentially increased. As mentioned earlier, the crimes did not change—just how they were committed changed. Robbery and theft no longer had to be face to face.  HINT © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 13 Acts could be perpetrated simply by using a bit of code and a phone line connection to the internet. Thieves did not have to physically be in a building to steal something of value if they had the means to get past online security. Electronic mail (email) and texting have morphed into new communication services that criminals are using to scam would-be victims. Phishing is a new method of information gathering that is illegal and can trick a person into thinking that they are interacting with legitimate service providers. However, unbeknownst to victims, they are being preyed upon by identity thieves. Cybercrimes also include bullying and harassing messages sent through social media and other digital platforms, cyberstalking, and many others.  TERM TO KNOW Phishing A fraudulent practice of sending emails or other messages purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers. 2b. Cybercrimes and the Criminal Justice System As mentioned before, the actual crimes committed in cybercrimes are not new—only the method of how the crimes are committed has changed. The real problem comes in how cybercrimes are investigated and criminals are apprehended. Law enforcement agencies now must get creative in their investigative practices because cyber criminals are much more "tech savvy" in their approach to crime. Special teams that are experienced in the same methods the criminals are using to commit their crimes need to be created to track these violators. Computer programmers, computer scientists, financial experts, forensic accountants, social media consultants, etc., are all used to stay up to date with all the new ways in which criminals are carrying out their schemes.  SUMMARY In this lesson, you learned that the United States has a long history of terrorism that predates the events of September 11, 2001, involving both international and domestic acts of violence intended to achieve political objectives. Historical incidents, such as the Milwaukee Police Department bombing in 1917, the Tulsa Race Riots in 1921, the Unabomber's attacks, and the Oklahoma City bombing in 1995, illustrate the diverse motivations and methods of domestic terrorism. Post-9/11, the United States has faced challenges in defining and prosecuting domestic terrorism, as many acts of violence are committed by American citizens, complicating their categorization under traditional definitions of terrorism. This complexity of terrorism and the U.S. criminal justice system has led to the implementation of legislative measures, such as the Freedom Act and expanded hate crime laws, to address violent acts that might not fit into the conventional understanding of terrorism. Meanwhile, the U.S. government has intensified its efforts against international terrorism through military campaigns and the establishment of agencies like the Department of Homeland Security to safeguard against various threats. You also learned about cybercrime, which involves illegal activities conducted through digital means, such as identity theft, digital currency robbery, and phishing, leveraging personal data stored on digital © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 14 platforms like smartphones, apps, and social media. Despite being a relatively new phenomenon, cybercrime represents traditional crimes committed with modern technology, exploiting personal information readily available online. The evolution of the internet and digital communication has mirrored the evolution of cybercrime and expanded opportunities for cybercriminals, requiring law enforcement to adapt with specialized teams of experts in technology, finance, and social media to investigate and apprehend these tech-savvy offenders for cybercrimes in the criminal justice system. Furthermore, the use of personal data is not limited to criminals; corporations and governments also exploit this information, adding to the complexity of privacy concerns in the digital age. In the next lesson, you will have a chance to apply what you have learned in this challenge to a case study. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM LOUIS: The Louisiana Library Network'S “CCRJ 1013: Introduction to Criminal Justice”. ACCESS FOR FREE AT LOUIS. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Esmail, A., Eargle, L. A., & Hamann, B. (2021). Terrorism Inside America’s Borders. Lanham: The Rowman & Littlefield Group. Hamann, B., Nicks, N., Moore, B., Ahmed, S., Mosby-Wilson, S., Das, S., & Franklin, K. (2021). History and Prevention of Domestic Terrorism Affecting the United States. In A. Esmail, L. A. Eargle, & B. Hamann (Eds.), Terrorism Inside America’s Borders (pp. 37-54). Lanham: Hamilton Books. Kaplan, F. (2016). Dark Territory: The Secret History of Cyber War. New York: Simon & Schuster. Law, R. D. (2016). Terrorism: A History (2nd ed.). Cambridge: Polity Press.  ATTRIBUTIONS Wargames | Author: Rampart Games | License: Fair use  TERMS TO KNOW Cybercrime An illegal act committed using a communication device. Domestic Terrorism A use or threat of violence by individuals or groups within a country to intimidate or coerce a civilian population or influence government policy for political, religious, or ideological objectives. Hate Crime © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 15 A crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group. International Terrorism A use or threat of violence by individuals or groups that cross national borders to intimidate or coerce a civilian population or influence government policy for political, religious, or ideological objectives. Phishing A fraudulent practice of sending emails or other messages purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers. Terrorism The unlawful use of violence and intimidation, especially against civilians, in the pursuit of political gains. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 16 Case Analysis: The First Step Act by Sophia  WHAT'S COVERED In this lesson, you will see how the First Step Act changed mass incarceration at the federal level. Specifically, this lesson will cover: 1. Rolling Hills PD Explores the First Step Act 1a. Case of Building a New Future 1b. Debrief 1. Rolling Hills PD Explores the First Step Act As we have seen in this Challenge, the criminal justice system continues to evolve. The First Step Act (FSA) was signed into law by former President Donald Trump in December 2018, representing a bipartisan effort to reform the U.S. federal criminal justice system. Its primary aim is to: Reduce reoffending Address punitive sentencing laws Improve conditions in federal prisons The law reduces mandatory minimum sentences for certain nonviolent drug offenses, allowing judges more discretion in sentencing. As a result, thousands of people experiencing incarceration became eligible for reduced sentences or early release.  DID YOU KNOW It also retroactively applied the Fair Sentencing Act of 2010, which reduced the sentencing disparity between crack and powder cocaine offenses—a disparity that had disproportionately affected African Americans. The FSA also seeks to improve rehabilitation and reentry efforts for those incarcerated in federal prisons. It promotes programs aimed at reducing recidivism by providing incentives, such as increased good time credits, for individuals who participate in vocational training, educational programs, and other rehabilitative activities.  HINT © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 17 The Act mandates the use of a risk and needs assessment system to determine each inmate’s likelihood of recidivism and tailor rehabilitation programs to their specific needs. Additionally, the Act makes changes to prison conditions, including: Prohibiting the shackling of pregnant women Requiring that inmates be housed within 500 miles of their families when possible, making it easier for family connections to be maintained Compassionate release for terminally ill inmates  THINK ABOUT IT How can incentives and resources like resume building and community support help reduce recidivism (i.e., reoffending)? The Rolling Hills PD wants officers Henson and Joon to review landmark cases and explain the evolution of the criminal justice system for some overtime. In this next case, they will determine the impacts of the First Step Act. CONVERSATION BETWEEN COWORKERS "Hi, again, Joon! I’m really looking forward to diving into the First Step Act with you. As a law enforcement agent, this one feels personal." "Why is that, Alicia?" "Well, while I believe in enforcing the laws of our country, I also believe that we should do everything we can to keep crimes from being committed in the first place." "Right, and this Act helps those who were incarcerated to have a more supported and stable experience transitioning out of the prison system, so they can make different choices in the future."  TERM TO KNOW Recidivism The tendency of a convicted criminal to reoffend. 1a. Case of Building a New Future © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 18 Watch and listen as Detective Henson and Professor Joon investigate the impacts of the First Step Act:  WATCH 1b. Debrief Let’s look at why Detective Henson and Professor Joon think this story illustrates how the First Step Act can reduce recidivism and help nonviolent offenders have a more stable future. CONVERSATION BETWEEN COWORKERS "So, do you think this story helps show how the First Step Act helps formerly incarcerated individuals avoid relapsing into criminal behavior?" "Absolutely. And recent reports show that for the more than 44,000 people released under the Act, the recidivism rate for those individuals is significantly lower than for others released in previous years." "Reducing sentences for nonviolent offenders makes a real difference, but as we saw in this case study, people also need practical support like job training and social support like community building." "Right, in order to avoid repeating the behaviors and choices that led to criminal behavior in the first place." "Basically, this case study shows that reforming the criminal justice system has a real and positive impact on families."  LEARN MORE Read more about the impacts of The First Step Act or FSA (Public Law 115-39).  SUMMARY In this lesson, you saw how the Rolling Hills PD explored the impact of the First Step Act, which reduces mandatory minimum sentences for certain nonviolent drug offenses and offers resources like vocational training, community building, and educational programs like the ones we saw in the case of © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 19 building a new future. In the debrief, you looked at how building community, like having a job, making friends, and spending time with family, helps reduce recidivism and build a foundation for the future. We will continue to examine the impact of criminal justice reform in future lessons. Source: THIS TUTORIAL WAS AUTHORED BY SOPHIA LEARNING. PLEASE SEE OUR TERMS OF USE. REFERENCES Nellis, A., & Komar, L. (2023, August 22). The first step act: Ending mass incarceration in federal prisons. The Sentencing Project. www.sentencingproject.org/policy-brief/the-first-step-act-ending-mass-incarceration-infederal-prisons/  TERMS TO KNOW Recidivism The tendency of a convicted criminal to reoffend. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 20 Department of Homeland Security by Sophia  WHAT'S COVERED In this lesson, you will learn about the Department of Homeland Security. Specifically, this lesson will cover: 1. Department of Homeland Security 2. Responsibilities of Homeland Security 2a. Immigration and Border Protection 2b. Disaster Management 1. Department of Homeland Security The events of 9/11 revealed that the United States intelligence apparatus was extremely dysfunctional. Many different agencies had been investigating aspects of: Domestic terrorism Border protection Immigration Cybercrime Transnational crimes Human trafficking Drug trafficking Fraud Counterfeiting Many other threats to national security Unfortunately, these different agencies were not communicating with each other. There were so many federal departments with overlapping responsibilities that it was becoming difficult to determine who oversaw what. That changed in 2002 with the passing of the Homeland Security Act, which established the Office of Homeland Security. This department took the task of combining 22 autonomous federal agencies into one singular entity to streamline and coordinate a national strategy to secure the United States against terrorist attacks. Some of the agencies under Homeland Security, along with their missions, include: © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 21 Agency Customs and Border Protection (CBP) Federal Emergency Management Agency (FEMA) Mission Prevents terrorists and terrorist weapons from entering the United States. Helps people before, during, and after disasters. Immigration and Customs Protects the U.S. through criminal investigations and enforces immigration Enforcement (ICE) laws to preserve national security and public safety. Transportation Security Protects the nation's transportation systems to ensure freedom of Administration (TSA) movement for people and commerce. United States Secret Service Protects national leaders and safeguards the nation’s financial (USSS) infrastructure through the investigation of financial crimes.  LEARN MORE Read the Homeland Security Act of 2002 created by the Department of Homeland Security. The full text of the Act and the amendments made since 2023 are available in PDF format. 2. Responsibilities of Homeland Security With so many agencies under its wing, the role the department plays in the overall function of securing the nation can be confusing. Some of the jobs that are tasked to Homeland Security include the following: Cyber security and infrastructure Immigration and border protection Drug and human trafficking investigations Money laundering and currency counterfeiting Disaster management Transportation security (airports, railways, ship docks, etc.) Animal and plant health inspections As of 2021, a new area of concern has arisen in the fight against terrorism within the borders of the United States: White supremacy Extremist actions The Department of Homeland Security since the Biden Administration has been tasked with investigating these additional threats. 2a. Immigration and Border Protection © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 22 The United States of America is a country built on immigration. Except for the Indigenous peoples that were here prior to colonization by the Europeans, the vast majority of those who call themselves "Americans" can trace their ancestry to somewhere other than here. Regardless of that fact, the issue of immigration today is still a hotly debated topic of discussion, as it has always been since the first settlers stepped foot on the shores of this country. But we also must be mindful that while there are those who are seeking refuge and a chance to have a better life for their loved ones, the United States has laws that must be followed to secure the rights and privileges to become a citizen. With threats of international and domestic terrorism, and the recent COVID-19 pandemic, national security regarding immigration and border protection has become more focused. 2b. Disaster Management There is a division of Homeland Security that deals strictly with disaster relief and management, the Federal Emergency Management Agency (FEMA). FEMA is responsible for coordinating relief efforts during disaster recovery from all avenues: local, state, and federal governments, as well as public and private charitable organizations and businesses. The goal is to streamline the process and make it easier for those affected by a natural disaster to be able to recover and get back to a relatively normal way of life as quickly as possible by providing as much assistance as possible. The assistance provided can include temporary housing, food, clothing, transportation, loss of income, and other necessities as needed.  TERM TO KNOW Federal Emergency Management Agency (FEMA) An agency that supports citizens and emergency personnel to build, sustain, and improve the nation's capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.  SUMMARY In this lesson, you learned about the Department of Homeland Security, which was established in 2002 following the 9/11 attacks to address the dysfunction and lack of coordination among U.S. intelligence and law enforcement agencies dealing with national security threats, including domestic terrorism, border protection, immigration, cybercrime, and more. By consolidating 22 federal agencies, such as the United States Customs Service, Immigration and Naturalization Service, FEMA, TSA, and the Coast Guard, the Department of Homeland Security aimed to streamline communication and create a strategy to protect the United States from terrorist attacks and other threats. The responsibilities of Homeland Security are broad, covering areas like cybersecurity, immigration and border protection, human trafficking, drug trafficking, disaster management, and transportation security. It also plays a crucial role in disaster management through FEMA, coordinating relief efforts across local, state, and federal levels, as well as with private and charitable organizations, to ensure recovery and support for those affected by natural disasters. Additionally, the DHS has been tasked with addressing emerging threats, including white supremacy and extremist actions within the United © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 23 States, highlighting its evolving role in safeguarding national security. In the next lesson, you will have a chance to apply what you have learned to a case analysis on the Silk Road Investigation. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM LOUIS: The Louisiana Library Network'S “CCRJ 1013: Introduction to Criminal Justice”. ACCESS FOR FREE AT LOUIS. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL.  TERMS TO KNOW Federal Emergency Management Agency (FEMA) An agency that supports citizens and emergency personnel to build, sustain, and improve the nation's capability to prepare for, protect against, respond to, recover from, and mitigate all hazards. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 24 Case Analysis: Silk Road Investigation by Sophia  WHAT'S COVERED In this lesson, you will learn about the events surrounding the Silk Road investigation. Specifically, this lesson will cover: 1. Rolling Hills PD Explores the Silk Road 1a. Case of Exchanging Information 1b. Debrief 1. Rolling Hills PD Explores the Silk Road The Silk Road investigation was a landmark case in the fight against online criminal activity, particularly involving the dark web and cryptocurrency. Silk Road was an infamous online black market that operated on the dark web, accessible only through the Tor network, which anonymized users' identities and activities. Launched in 2011 by Ross Ulbricht, under the pseudonym "Dread Pirate Roberts," Silk Road allowed users to anonymously buy and sell illicit goods, primarily drugs, using Bitcoin as the currency.  DID YOU KNOW At its height, Silk Road facilitated millions of dollars in illegal transactions, becoming a hub for drug trafficking, forged documents, and alleged discussions about contract killings. The investigation into Silk Road was organized by multiple U.S. law enforcement agencies, including: Federal Bureau of Investigation (FBI) Drug Enforcement Administration (DEA) Department of Homeland Security (DHS) International agencies The complexity of the case stemmed from the use of sophisticated encryption, anonymity tools, and cryptocurrency, making it difficult for law enforcement to track both the buyers and sellers on the platform. Investigators used a combination of undercover operations, cyber forensic techniques, and traditional investigative methods to gradually build a case. They managed to trace Bitcoin transactions and infiltrate the network, eventually identifying Ross Ulbricht as the mastermind behind the site. In October 2013, Ulbricht was arrested in a San Francisco public library, where he was caught logged into the site’s administrator panel. His arrest marked the end of Silk Road, but the investigation revealed a massive © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 25 underground marketplace that highlighted the growing intersection between technology and crime. Ulbricht was charged with conspiracy to commit money laundering, computer hacking, and conspiracy to traffic narcotics, among other crimes. In 2015, he was convicted on all counts and sentenced to life in prison without the possibility of parole. The Silk Road investigation illustrated the challenges posed by digital platforms that facilitate anonymous, cross-border criminal enterprises. It also underscored the growing importance of cryptocurrency in modern criminal investigations. Officers Henson and Joon will continue to review landmark cases and explain the evolution of the criminal justice system for some overtime. In this next case, they will review the cybercrimes uncovered by the Silk Road investigation and explain how this case was solved by the federal criminal justice agencies who needed to work together. CONVERSATION BETWEEN COWORKERS "Joon, as we've seen before, cybercrime has become more and more common—and more and more complicated." "That’s right, Alicia. Technological advances have led to more opportunities for criminals to commit crimes that have been around forever, like illegal drug trafficking and fraud." "But advancements in technology like encryption, anonymity tools, and cryptocurrency can make these cases really difficulty for law enforcement to investigate." "In the case we’ll explore today, we’ll learn about how federal criminal justice agencies were able to work together to take down the mastermind of the underground black market known as the Silk Road." 1a. Case of Exchanging Information Watch and listen as Detective Henson and Professor Joon investigate the case of exchanging information:  WATCH 1b. Debrief Let’s look at why Detective Henson and Professor Joon think this story illustrates the difficulty of investigating anonymous, cross-border, cybercrimes—especially on the dark web. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 26 CONVERSATION BETWEEN COWORKERS "Wow, that case was complicated! But the specialized skills of the different departments helped untangle the web of deceit." "Each department—the DOJ, the DEA, and the IRS—was able to identify and trace the patterns of criminal activity in their area of specialization." "Right. Breaking down those departmental barriers helped law enforcement destroy the barrier of anonymity." "That’s a great lesson for all of us to learn because this case is just the first step in dealing with the dark web." "Privacy-enhancing technologies will continue to make prosecuting these crimes really difficult. The only way forward is working together, sharing resources, strategies, time, and effort."  SUMMARY In this lesson, you saw how the Rolling Hills PD explored the Silk Road. In the case of exchanging information, you discovered how a diverse group of agents from the FBI, DOJ, DEA, and IRS collaborated to dismantle the Silk Road, a global network for illegal goods. Their coordinated efforts led to the arrest of Ross Ulbricht, the mastermind behind the site, showcasing the power of multi-agency cooperation in tackling complex cybercrime. In the debrief, you looked at how dismantling the first iteration of the Silk Road required creatively overcoming the complexities of cybercrime. Next, we will turn our attention to how crimes, either online or in-person, impact victims. Source: THIS TUTORIAL WAS AUTHORED BY SOPHIA LEARNING. PLEASE SEE OUR TERMS OF USE. REFERENCES © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 27 Maras, M.-H. (2014, November 17). Inside darknet: The takedown of silk road. Centre for Crime and Justice Studies. www.crimeandjustice.org.uk/publications/cjm/article/inside-darknet-takedown-silk-road © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 28 Conditions and Changes that Impact Victims by Sophia  WHAT'S COVERED In this lesson, you will be introduced to an overview of victims and victims’ rights in criminal justice. Specifically, this lesson will cover: 1. Victim or Survivor 2. Victims’ Rights in the United States 2a. Victim Advocates 2b. Victim Impact Statements 2c. Victim Compensation Programs 1. Victim or Survivor In previous lessons, we have looked at crime primarily from the lens of people who commit crimes. However, the next several lessons will see us shift our focus to learning about the victims of crimes. People who experience victimization self-identify in many ways—some as "victims," many as “survivors,” while others use terms like “thriver” or “overcomer” (BenDavid, 2020). For many people who experience victimization, none of these words accurately reflect their experiences, and they prefer not to use labels (Bouris, 2007). Within much feminist scholarship and the broader anti-violence against women movement, the term “survivor” is preferred since the word “victim” may be associated with weakness or passivity (Abdullah-Khan, 2008). Still, much of the historical or theoretical writing in victimology refers to “victims.” “Victim” is also a legal term recognized within the criminal justice system and is used in victims’ rights legislation, though there are diverse definitions in legislation, and someone can become a “victim” without proceeding through the criminal justice system (Wemmers, 2017).  HINT For our purposes, we will refer to people who have experienced crime as survivors and use the term “victim” when referencing historical, theoretical, or legal contexts. In the following sections, you will learn about some of the rights that victims and survivors of crimes have in the United States. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 29  TERMS TO KNOW Victim A person harmed, injured, or killed as a result of a crime, accident, or other event or action. Survivor A person who survives, especially a person remaining alive after an event in which others have died. Victimology Study of victims, including their roles, experiences, and interactions within the criminal justice system, as well as the social, psychological, and legal aspects of victimization. 2. Victims’ Rights in the United States The crime victims’ movement began as an outgrowth of the rising social consciousness of the 1960s and 70s. Its continued strength was derived not just from the social forces through which it began but also from the leadership of individuals, some of whom personally survived tragedy, and others who brought compassion and insight as witnesses to such tragedy. The victims’ movement in the United States involved the convergence of five independent activities: 1. The development of a field called victimology, which is the study of victims 2. The introduction of state victim compensation programs 3. The rise of the women's movement 4. The rise of both crime and dissatisfaction with the criminal justice system 5. The growth of victim activism A key event that began to shape the narrative around victims’ rights involved a woman fighting for support for her child in a case that eventually reached the Supreme Court. IN CONTEXT: Case of Linda R. S. v. Richard D., 410 U.S. 614 (1973) Article 602 of the Texas Penal Code stated that any parent who refused to provide support for their child would be guilty of a misdemeanor. Texas courts consistently held that this statute applied only to parents of legitimate children. Linda R. S. v. Richard D. was one unwed mother’s attempt to persuade the court that there was a constitutional problem with this interpretation. Since Linda was the mother of a daughter born out of wedlock, she claimed that Richard was her child’s father. Richard refused to pay child support for © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 30 Linda’s daughter. The local district attorney declined to act on her behalf, claiming that Article 602 didn’t apply to illegitimate children. Linda brought a lawsuit on behalf of herself, her daughter, and other parents and children in the same situation. She claimed that the state’s interpretation of Article 602 discriminated between legitimate and illegitimate children and therefore violated the Equal Protection Clause of the Fourteenth Amendment. She sought a judgment that Article 602 was unconstitutional in its application to only fathers of legitimate children. She also asked the court to order Richard to pay child support. The district court found that Linda lacked standing and dismissed the case, but the United States Supreme Court determined that it would hear the case. Ultimately, the Court determined that the victim could not demonstrate a link between the prosecutor’s alleged discriminatory enforcement of the child support statute and the woman’s failure to secure child support payments, and as such, the victim did not have standing to seek the relief she requested. The Court reached this conclusion because even if the criminal statute was equally enforced against fathers of children born to unmarried women, those prosecutions would not necessarily result in the payment of child support. Despite the outcome, the Court noted that the legislatures could enact statutes creating victims’ rights, which then would create standing in court. The societal shift to how victims were perceived continued into the 1980s. In response to public concern about violent crimes and a larger focus on victims of crimes, President Ronald Reagan established the Task Force on Victims of Crime in 1982. This task force recommended finding a balance between upholding victims’ rights and ensuring due process for defendants. It proposed measures such as safeguarding witnesses and victims against intimidation, mandating restitution in criminal cases, establishing guidelines for treating victims and witnesses fairly, and expanding victim compensation programs (Siegel, 2023).  LEARN MORE Read the final report the President's Task Force devised with recommendations (and commentary) to help crime victims receive the financial, medical, and legal help they need. The recommendations are directed toward federal and state governments, criminal justice agencies, and private agencies (hospitals, schools, mental health agencies, etc.). Subsequently, Congress enacted the Omnibus Victim and Witness Protection Act, which mandated the use of victim impact statements during sentencing in federal criminal cases, provided enhanced protection for witnesses, enforced stricter bail laws, and required restitution in criminal cases. In 1984, the Comprehensive Crime Control Act and the Victims of Crime Act granted federal funding for state projects assisting and compensating crime victims. Another significant development was the Crime Victims’ Rights Act of 2004, which granted crime victims the right to participate in the justice system, receive information, and be consulted on decisions made by the Justice Department and other relevant agencies involved in crime detection, investigation, or prosecution. Courts were also mandated to ensure that victims are granted the rights outlined in the law (Siegel, 2023). The following sections will discuss some of these rights in further detail, including victim advocates, victim impact statements, and victim compensation programs. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 31 2a. Victim Advocates Many victim service organizations appoint counselors to act as advocates for victims. Victim advocates play a crucial role, especially when victims need to engage with the justice system. Victim advocates can: Advocate for police to keep investigations open and request the return of stolen property. Push for prosecutors and judges to protect survivors from harassment and retaliation by making "no contact" a bail condition. Assist survivors in making statements during sentencing hearings and probation and parole revocation procedures. Advocacy is particularly beneficial in helping survivors comprehend the justice system's workings and guiding them through the process. Advocates prepare survivors and witnesses by explaining court procedures, such as how to testify, how bail functions, and what to do if the defendant issues a threat. Victim programs also offer transportation to and from the court, and counselors remain in the courtroom during hearings to explain procedures and provide support (Siegel, 2023).  TERM TO KNOW Victim Advocate An individual that is trained to support victims of crimes. 2b. Victim Impact Statements A victim impact statement is a written or oral statement made to the court by direct or indirect survivors to discuss the impact of criminal victimization (Scott, 2016). The statement may include a description of the physical, financial, and emotional effects of the crime; it may be prepared by the survivor themselves, by someone on behalf of the survivor (e.g., a parent, a spouse, a child), or by the survivors of deceased victims (Scott, 2016). The decision to submit a victim impact statement is voluntary. Victim impact statements can be introduced at various stages of the legal process, but they are usually introduced at sentencing or parole hearings. They have been found to be therapeutic for survivors of crime because they allow the victim or survivor to be acknowledged by the criminal justice system and to express their pain and experience while providing valuable information to the court. Victim impact statements can help the judge give a sentence more reflective of the true harm caused to the survivor and can help induce feelings of remorse in the person who committed the crime (Scott, 2016). Some survivors of crime may choose not to prepare a victim impact statement, as they may feel uncomfortable describing their feelings in a public setting, may fear retaliation from the offender, may find recalling the crime traumatic, or may feel dissatisfied if their recommendations are not followed by the judge (Scott, 2016).  TERM TO KNOW Victim Impact Statement A written or oral statement made as part of the legal process, allowing crime victims to speak during the sentencing of the convicted person or at subsequent parole hearings. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 32 2c. Victim Compensation Programs One of the main objectives of victim advocates has been to advocate for legislation establishing crime victim compensation programs. These programs provide survivors with compensation from the state to cover expenses related to the crime they experienced. However, compensation programs vary widely between states, and many state programs face challenges due to insufficient funding and inadequate organization within the criminal justice system. Compensation may cover medical bills, lost wages, future earnings, and counseling. In cases of death, the victim's survivors may receive assistance for burial expenses and loss of support. In 1984, the federal government established the Victims of Crime Act (VOCA), which grants funds to state compensation boards from fines and penalties imposed on federal offenders. These funds are distributed annually to states to support their crime victim compensation programs, as well as victim assistance programs like rape crisis centers and domestic violence shelters. VOCA funds are used to cover survivors' medical expenses, provide economic assistance for lost wages, compensate for the loss of loved ones, and offer mental health counseling. The fund is sustained by fines and penalties paid by convicted federal offenders, and the fund balance is currently over $6 billion (Siegel, 2023).  TERM TO KNOW Victim Compensation Program A program that offers reimbursement to crime victims for a variety of crime-related expenses, such as medical costs, mental health counseling, or lost wages.  SUMMARY In this lesson, you learned about the terminology used to describe victims or survivors of crime. While the term “victim” is still used, many people prefer the term “survivor” to emphasize the strength and resilience that is necessary to overcome the difficulties of being the victim of a crime. You also learned about victims’ rights in the United States. Starting in the 1980s, there was greater focus on how to help people who have been crime survivors. This lesson highlighted some of the primary pieces of legislation on this issue and the programs available to survivors of crime. Victim advocates play a role in helping survivors get the services they need, navigate legal processes, and learn about their rights. At sentencing, survivors can provide a victim impact statement, which gives them an opportunity to discuss how the crime impacted them physically, emotionally, and financially. Lastly, victim compensation programs were created to help cover some of the financial costs of victimization, including medical costs, lost wages, or other financial burdens associated with the crime. In the next lesson, you will learn about the impacts of victimization. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM KWANTLEN POLYTECHNIC UNIVERSITY’S “INTRODUCTION TO CRIMINOLOGY.” ACCESS FOR FREE AT kpu.pressbooks.pub/introcrim/. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 33 REFERENCES Abdullah-Khan, N. (2008). Male rape: The emergence of a social and legal issue. Springer. Ben-David, S. (2020). From victim to survivor to overcomer. In J. Joseph & S. Jergenson (Eds.), An international perspective on contemporary developments in victimology: A festschrift in honor of Marc Groenhuijsen. (pp. 2130). Springer. Bouris, E. (2007). Complex political victims. Kumarian Press. Siegel, L. (2023). Criminology (8th ed.). Boston: Cengage. Wemmers, J. (2017). Victimology: A Canadian Perspective. University of Toronto Press.  ATTRIBUTIONS Man in striped shirt | Author: Rad Cyrus | License: CC-SA 4.0  TERMS TO KNOW Survivor A person who survives, especially a person remaining alive after an event in which others have died. Victim A person harmed, injured, or killed as a result of a crime, accident, or other event or action. Victim Advocate An individual that is trained to support victims of crimes. Victim Compensation Program A program that offers reimbursement to crime victims for a variety of crime-related expenses, such as medical costs, mental health counseling, or lost wages. Victim Impact Statement A written or oral statement made as part of the legal process, allowing crime victims to speak during the sentencing of the convicted person or at subsequent parole hearings. Victimology Study of victims, including their roles, experiences, and interactions within the criminal justice system, as well as the social, psychological, and legal aspects of victimization. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 34 Impacts of Victimization by Sophia  WHAT'S COVERED In this lesson, you will learn about what survivors may experience after a crime, as well as some of the services available to them. Specifically, this lesson will cover: 1. Impacts of Victimization 2. Resilience, Post-Traumatic Growth, and Post-Traumatic Change 3. Survivor Reactions to Services 4. Trauma- and Violence-Informed Care 1. Impacts of Victimization Victimization can affect people physically, emotionally, mentally, and spiritually. Criminologist Andrews and his associates (2003) found that some survivors even experience permanent disabilities or long-term symptoms of post-traumatic stress disorder (PTSD), which can include: Dissociation Hyperarousal Avoidance Feeling trapped in negative thought patterns or moods The impact of victimization can vary based on the characteristics of the crime, the characteristics of the survivor and their relationship to the offender, and post-crime factors like receiving access to timely and effective support (Karmen, 2020). After victimization, survivors are suddenly forced to navigate many new and complicated realities, potentially interacting with healthcare providers, media, police, and victim service providers, all while grieving and being presented with complicated choices about how to move forward (Roebuck et al., 2020). For many survivors, there is so much work to do after experiencing violence that having the time and space to process what has happened can take a while. Throughout this time, friends and family may not know what to say and may be silent to avoid causing further distress, or they might offer unhelpful advice (Brison, 2002).  THINK ABOUT IT © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 35 Certain common responses to others’ hardships, while well meaning, may instead have the impact of minimizing survivors’ experiences. Consider the following words survivors often hear, either in reference to their own experience after a crime or to the loss of a loved one: “They are in a better place now.” “Everything happens for a reason.” “You’re lucky it wasn’t worse.” “I understand what you’re going through.” “You need to forgive them and move on.” How might each of these statements impact a survivor, either positively or negatively?  TERM TO KNOW Victimization An action of singling someone out for cruel or unjust treatment. 2. Resilience, Post-Traumatic Growth, and PostTraumatic Change While the pain of victimization may never fully subside, many survivors find ways to move forward with their lives, navigating and negotiating their way through adversity. This is known as the process of resilience (Ungar, 2004). Some survivors identify that doing this work of moving forward also contributes to post-traumatic growth (PTG), or positive psychological change after facing adversity. Criminologists Tedeschi and Calhoun (1996) found that trauma survivors commonly report growth in five domains: 1. New possibilities 2. Relating to others 3. Personal strength 4. Spiritual change 5. Appreciation of life Growth-related language provides an optimistic framework for some survivors, while others resist the idea of PTG. Post-traumatic change (PTC) is a broader concept that incorporates post-traumatic stress and PTG responses to violence but also creates room to consider how survivors experience changes that are hard to frame as negative or positive, or seemingly contradictory emotions, such as a survivor feeling proud of their advocacy work while finding it humiliating at the same time (Roebuck et al., 2022).  TERMS TO KNOW © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 36 Resilience The ability to cope mentally and emotionally with a crisis, or to return to pre-crisis status quickly. Post-Traumatic Growth (PTG) A positive psychological change experienced because of struggling with highly challenging, highly stressful life circumstances. Post-Traumatic Change (PTC) A psychological and emotional transformation that individuals may undergo after experiencing a traumatic event or series of events. 3. Survivor Reactions to Services  OVERHEARD "When people ask what the worst thing was to ever happen to me, I don’t say the sexual abuse or rape. I say it was the trial." – Female survivor of childhood sexual assault (Roebuck et al., 2020) Some survivors choose not to participate in services to avoid revictimization, or the process of feeling victimized for a second time by the criminal justice system and legal processes (Ahlin, 2010). Emotionally, survivors may not be able to cope with this level of stress and may feel unprepared to initiate contact for services or continue seeking services to help them with their recovery. Criminologist Patterson and associates (2006) contended that there are several possible explanations for the survivors’ refusal of or withdrawal from these services, like the reasons for not reporting victimization to police: A close relationship to the perpetrator The gender of the victim or survivor Fear Patterson also found that some survivors of crime were more hesitant to share their experiences with victim service providers for fear of having any information used against them in the future. Moreover, survivors were less likely to engage in victim-based services when they were less satisfied with the criminal justice system. EXAMPLE Survey respondents often felt frustration when information was limited, inaccurate, or confusing (Department of Justice Canada, 2005). Dissatisfaction again arose when participants were forced to contact criminal justice professionals on their own and from receiving inconsistent information from criminal justice professionals due to changes in staffing. Survivors were less likely to seek out services, as disappointment from previous interactions influenced their perceptions of victim-based services (Department of Justice Canada, 2005). © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 37  TERM TO KNOW Revictimization The process of victimizing someone again, often through the criminal justice system. 4. Trauma- and Violence-Informed Care Trauma sustained from a crime can have long-term impacts on a victim or survivor, regardless of whether the violence itself is ongoing or occurred in the past. In recent years, the criminal justice system has renewed its interest in the development and implementation of trauma-informed practices to support victims or survivors of crime. Trauma- and violence-informed care (TVIC) approaches are policies and practices that recognize the connections between violence, trauma, negative health outcomes, and behaviors (Trauma-Informed Care Implementation Resource Center, 2021). TVIC approaches expand on the concept of trauma-informed practice to account for the intersecting impacts of the criminal justice system, interpersonal violence, and structural inequities on a person’s life.  HINT In other words, these approaches bring attention to broader historical and social conditions and institutional forms of violence rather than seeing problems as solely the result of a person’s psychological state (Varcoe et al., 2016). This shift in language to include “violence” in relation to trauma and care is critical, as it underscores the importance of the relationship between violence and trauma. TVIC approaches can: Increase safety, control, and resilience for people who are seeking services in relation to experiences of violence or people who have a history of experiencing violence. Minimize harm and re-traumatization to victims or survivors in a safe and respectful manner, acknowledging both individual and systemic violence (Varcoe et al., 2016). Service providers, organizations, and systems may not be aware that they can cause unintentional harm to people who have experienced violence and trauma. Re-traumatization can occur for crime survivors in many ways. EXAMPLE A crime survivor may feel re-traumatized when asked to retell their story of victimization to different individuals or organizations throughout a criminal investigation. They may have to tell their story to the attending officer who was first to respond to the crime, to a doctor who treated their injuries, to a detective overlooking the criminal case, to a victim support worker to access victim compensation, and to a judge in a trial for the crime. This can be deeply upsetting to the survivor. TVIC approaches can help make systems and organizations more responsive to the needs of all people and to provide opportunities for practitioners to effectively support their clients. By practicing universal trauma precautions, service providers can offer safe care and support. Organizations can develop structures, policies, and processes that can foster a culture built on an understanding of how trauma and violence affect peoples’ lives. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 38 EXAMPLE An organization that provides shelter for violence victims may help prevent re-traumatization by not requiring victims to disclose abuse experiences to access housing. The organization may also hire staff with lived experience of partner violence who can better understand and support the victims they serve.  TERM TO KNOW Trauma- and Violence-Informed Care Policies and practices that recognize the connections between violence, trauma, negative health outcomes, and behaviors.  SUMMARY In this lesson, you learned that the impacts of victimization can be physical, emotional, mental, and spiritual. It is also important to recognize people’s resilience, post-traumatic growth, and posttraumatic change after they have been a victim or survivor of a crime. Many people can move on with their lives and get past the adversity; others even report personal growth after being victimized. There are various services available for victims and survivors, but survivor reactions to services can vary. In fact, some survivors choose not to use services to avoid revictimization. Using these services often requires survivors to retell their story to multiple parties throughout the justice process, causing them to relive the trauma from their original victimization. That is why it is important to have traumaand violence-informed care that recognizes the connections between violence, trauma, negative health outcomes, and behaviors. In the next lesson, you will learn about factors related to victimization and reasons associated with the victimization of different populations. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM KWANTLEN POLYTECHNIC UNIVERSITY’S “INTRODUCTION TO CRIMINOLOGY.” ACCESS FOR FREE AT kpu.pressbooks.pub/introcrim/. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Ahlin, E. (2010). Secondary victims of homicide. In B. S. Fisher & S.P. Lab (Eds), Encyclopedia of Victimology and Crime Prevention (pp. 844-845). SAGE. sk.sagepub.com/reference/victimologyandcrime Andrews, B., Brewin, C. R., & Rose, S. (2003). Gender, social support, and PTSD in victims of violent crime. Journal of traumatic stress, 16(4), 421-427. onlinelibrary.wiley.com/doi/abs/10.1023/A%3A1024478305142 Brison, S. J. (2002). Aftermath: Violence and the remaking of a self. Princeton University Press. Department of Justice Canada (2005). Multi-site survey of victims of crime and criminal justice professionals across Canada: Summary of victims of crime respondents. Policy Centre for Victim Issues. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 39 Karmen, A. (2020). Crime victims: An introduction to victimology (10th ed.). Cengage Learning. Patterson, A., Dunn, P., Chaston, K., & Malone L. (2006). In the aftermath: The support needs of people bereaved by homicide: A research report. Victim Support. crcvc.ca/docs/in-the-aftermath.pdf Roebuck, B., Johnson, H., Eisenfeld, D., Roebuck, M., & Barkley, J. (2020). Resilience and Survivors of Violent Crime. Victimology Research Centre, Algonquin College. www.algonquincollege.com/arie/files/2020/12/Resilience-and-Survivors-of-Violent-Crime.pdf Roebuck, B. S., Sattler, P. L., & Clayton, A. K. (2022, January 27). Violence and posttraumatic change (PTC). Psychological Trauma: Theory, Research, Practice, and Policy. Advance online publication. psycnet.apa.org/fulltext/2022-24216-001.html Tedeschi, R. G., Calhoun, L. G. (1996). The PTG inventory: Measuring the positive legacy of trauma. Journal of Traumatic Stress, 9(3), 455-471. onlinelibrary.wiley.com/doi/10.1002/jts.2490090305 Trauma-Informed Care Implementation Resource Center. (2021). What is Trauma-Informed Care? TraumaInformed Care Implementation Resource Center. www.traumainformedcare.chcs.org/what-is-trauma-informedcare/ Ungar, M. (2004). A constructionist discourse on resilience: Multiple contexts, multiple realities among at-risk children and youth. Youth & Society, 35(3), 341–365. journals.sagepub.com/doi/10.1177/0044118X03257030 Varcoe, C. M., Wathen, C. N., Ford-Gilboe, M., Smye, V., & Browne, A. (2016, August). VEGA Briefing Note on Trauma- and Violence-Informed Care. VEGA Project and PreVAiL Research Network. www.pauktuutit.ca/emodules/my-journey-healthcareprovider/presentation_content/external_files/A%20VEGA%20Briefing%20Note%20on%20Trauma%20and%20Violence-Informed%20Care.pdf  ATTRIBUTIONS A woman covering her face | Author: Meghan Hessler | License: CC-SA 4.0  TERMS TO KNOW Post-Traumatic Change (PTC) A psychological and emotional transformation that individuals may undergo after experiencing a traumatic event or series of events. Post-Traumatic Growth (PTG) A positive psychological change experienced because of struggling with highly challenging, highly stressful life circumstances. Resilience © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 40 The ability to cope mentally and emotionally with a crisis, or to return to pre-crisis status quickly. Revictimization The process of victimizing someone again, often through the criminal justice system. Trauma- and Violence-Informed Care Policies and practices that recognize the connections between violence, trauma, negative health outcomes, and behaviors. Victimization An action of singling someone out for cruel or unjust treatment. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 41 Factors in Victimization by Sophia  WHAT'S COVERED In this lesson, you will learn about special populations of people and how they experience victimization. Specifically, this lesson will cover: 1. Women 2. LGBTQIA+ Populations 3. The Elderly 4. People With Mental Health Issues 5. People Experiencing Incarceration 1. Women Not everyone faces the same risks of victimization, and some populations face unique challenges when it comes to victimization. In this lesson, we will be examining the victimization experiences unique to women, LGBTQIA+ populations, individuals with mental illness, and people who are incarcerated. We will discuss how victimization impacts these groups and ways to address their specific needs related to their victimizations. Women can face unique challenges when it comes to victimization due to a variety of social, cultural, and economic factors. Women are more likely to experience gender-based violence, including domestic violence, sexual assault, and intimate partner violence (CDC, 2020). This type of violence is often rooted in power imbalances between men and women and can be exacerbated by cultural norms that perpetuate gender inequality.  HINT Some cultures normalize violence against women and discourage women from speaking out about their experiences. Similarly, women may face social stigma and shame associated with being a victim of violence or abuse. This can lead to the underreporting of incidents, as women may fear judgment or retaliation from their communities or even their own families. Moreover, economic dependence on a perpetrator can make it difficult for women to leave abusive situations (National Domestic Violence Hotline, 2023). Some women rely on their partners for financial support, making it challenging to escape situations of abuse without the means to support themselves and any dependents. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 42 Women may also encounter barriers within the legal system when seeking justice for acts of violence or abuse. This can include biases among law enforcement officers, lack of access to legal resources, and inadequate protection mechanisms. This can leave women feeling isolated and without access to the resources they need to heal and rebuild their lives. EXAMPLE In many regions, there is a lack of adequate support services for victims of gender-based violence, such as shelters, counseling, and legal assistance (Heron & Eisma, 2021). Additionally, women's experiences of victimization are influenced by intersecting factors such as race, ethnicity, class, sexual orientation, and disability. Marginalized women such as those belonging to racial or ethnic minority groups may face additional barriers and discrimination when seeking support and justice (National Resource Center on Domestic Violence, 2021). Addressing these challenges requires efforts at the societal level to combat gender inequality, promote women's rights, and ensure that victims of violence have access to the necessary support and resources. Other efforts can include: Implementing laws and policies that protect women from violence. Providing education and awareness programs to challenge harmful gender norms. Expanding support services for victims.  TERM TO KNOW Marginalized A person or group having limited social or political status; relegated to an unimportant or powerless position within a society or group. 2. LGBTQIA+ Populations LGBTQIA+ populations face unique challenges when it comes to victimization due to systemic discrimination, social stigma, and lack of legal protections. They are at a higher risk of experiencing hate crimes and targeted violence (Dowd, 2020) due to their sexual orientation, gender identity, or gender expression. These targeted attacks can include physical assault, verbal harassment, and other forms of violence motivated by homophobia, transphobia, or biphobia. Furthermore, LGBTQIA+ individuals suffer higher rates of domestic violence and sexual assault. However, they may be hesitant to report instances due to fear of discrimination or disbelief from law enforcement, social services, or the broader community. They may also fear outing themselves or their partners (Understanding Intimate Partner Violence in the LGBTQ+ Community, 2022). Aside from physical violence, there are other types of victimization that LGBTQIA+ individuals face: Disproportionately affected by family rejection: This can lead to homelessness and housing instability (Centers for Disease Control and Prevention, 2017). Many LGBTQIA+ youth are kicked out of their homes or © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 43 face hostility from their families when they come out, which can leave them vulnerable to exploitation and abuse on the streets. Discrimination in employment and housing: This can result in economic insecurity and limited access to safe and affordable housing (Human Rights Campaign, 2017). Discriminatory practices may include being denied housing or job opportunities based on sexual orientation or gender identity. Disparities in healthcare access and quality due to discrimination and lack of culturally competent care: This can result in delayed or inadequate healthcare services, exacerbating health issues and increasing vulnerability to victimization (Casanova-Perez et al., 2022). Intersecting forms of discrimination based on factors such as race, ethnicity, socioeconomic status, and disability: Marginalized LGBTQIA+ individuals, such as those belonging to racial or ethnic minority groups, may face compounded discrimination and increased vulnerability to victimization (Semenza, 2022). Addressing these challenges requires efforts to combat discrimination, promote LGBTQIA+ rights, and ensure access to supportive services for LGBTQIA+ individuals who have experienced victimization. These efforts may also include implementing laws and policies that protect LGBTQIA+ individuals from discrimination, providing LGBTQIA+ inclusive education and training for service providers, and expanding access to LGBTQIA+ affirming support services. 3. The Elderly The elderly face unique challenges in victimization due to physical frailty, social isolation, and cognitive decline. As people age, they may become physically frail and less able to defend themselves against physical assault or abuse (Bachman, 1992). This can make them more vulnerable to various forms of victimization, including: Physical violence Financial exploitation Neglect Furthermore, many elderly individuals experience social isolation and loneliness, which can increase their vulnerability to victimization (Tung et al., 2019). Social isolation may result from factors such as the loss of a spouse or friends, mobility limitations, or living alone. Lack of social support networks can leave elderly people more susceptible to exploitation by caregivers, scammers, or even family members. The elderly are apt to be the victims of elder abuse, including physical, emotional, sexual, or financial abuse, and neglect. Perpetrators of elder abuse may be family members, caregivers, or others in positions of trust (CDC, 2021). Similarly, elderly individuals receiving care in healthcare settings, such as nursing homes or assisted living facilities, may be at risk of mistreatment or neglect by caregivers. Issues such as understaffing, inadequate training, and lack of oversight can contribute to instances of abuse or neglect in these settings. Elder abuse can go unrecognized or unreported due to factors such as shame, fear of retaliation, or dependence on the abuser for care. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 44 Elderly individuals are often targeted for financial exploitation due to their accumulated wealth and perceived vulnerability (Commonwealth of Massachusetts, 2024). This can include: Scams Fraudulent schemes Identity theft Abuse of power of attorney Cognitive decline associated with aging may also make the elderly more susceptible to such manipulation and coercion. Some methods for addressing victimization of the elderly can include implementing policies and programs to detect and prevent elder abuse, providing support services for victims, promoting social connections and community engagement among older adults, and enhancing legal protections for vulnerable elderly individuals. 4. People With Mental Health Issues People with mental illness face unique challenges regarding victimization due to a combination of factors related to their mental health conditions and societal attitudes towards mental illness. Individuals with mental illness may be more vulnerable to exploitation and victimization due to: Impaired judgment Cognitive deficits Difficulty assessing risk This vulnerability can make these individuals targets for various forms of abuse (Azimi & Daigle, 2021) within both the criminal justice system and institutional settings. Mentally ill individuals are disproportionately represented in the criminal justice system and are at higher risk of victimization within correctional facilities (Blitz et al., 2008). EXAMPLE Inmates experiencing mental illness can face harassment, violence, and exploitation from other inmates or staff, exacerbating their mental health conditions and increasing their vulnerability to victimization. Likewise, individuals experiencing mental illness who receive care in institutional settings, such as psychiatric hospitals or group homes, may be at risk of mistreatment or abuse by staff or other residents. Issues such as overcrowding, understaffing, and inadequate training can contribute to instances of neglect or abuse in these settings (Auslander & Penney, 2019). The experiences of victimization among mentally ill individuals are often shaped by intersecting factors such as race, ethnicity, gender identity, sexual orientation, and socioeconomic status. Marginalized individuals facing multiple forms of discrimination may be at even greater risk of victimization and may encounter additional barriers to accessing support and resources (NAMI Dane County, 2022). © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 45 Some methods for addressing the victimization of mentally ill individuals include reducing stigma and discrimination surrounding mental illness, improving access to mental health treatment and support services, enhancing training for professionals working with mentally ill populations, and strengthening legal protections for vulnerable individuals. 5. People Experiencing Incarceration People who are incarcerated face unique challenges with victimization due to their incarceration status and the prison environment. They are at risk of experiencing violence within correctional facilities, including: Physical assault Sexual assault Verbal harassment The hierarchical structure of prisons, coupled with overcrowding and understaffing, can contribute to a culture of violence where people housed in prisons may be victimized by other prisoners or even by correctional staff (Wolff et al., 2009). The power dynamics within prisons can exacerbate vulnerability to victimization. EXAMPLE Inmates may be victimized by more powerful or influential prisoners who use intimidation or coercion to exert control (OJP, 2002). Reporting incidents of victimization may result in retaliation from other inmates or disciplinary action from prison authorities, discouraging victims from seeking help or justice. Additionally, people with disabilities or mental health issues who are incarcerated may be particularly susceptible to victimization due to their perceived vulnerability. Even if they wish to report incidents of abuse, people who are incarcerated often have limited access to support services for help: Counseling, advocacy, and other resources may be scarce or unavailable, leaving victims without the means to cope with their experiences and seek justice. Neglect or inadequate healthcare may exist within correctional facilities, which can worsen health issues that occur because of victimization. Medical needs may be overlooked or delayed, and people may face barriers to accessing mental health treatment or support services (Reingle-Gonzalez & Connell, 2014). Some methods for addressing the victimization of incarcerated people can include improving conditions within correctional facilities, implementing measures to prevent violence within prisons, and enhancing mental health and healthcare services in prisons.  BIG IDEA Victimization requires different methods of intervention depending on the specific population affected. For women, addressing victimization involves implementing laws to protect against gender-based violence, © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 46 expanding support services like shelters and counseling, and challenging cultural norms that perpetuate gender inequality. For LGBTQIA+ populations, efforts include combating discrimination, ensuring legal protections, and providing access to support services to address the unique risks of hate crimes and social stigma. The elderly require policies focused on detecting and preventing elder abuse, promoting social connections, and protecting against financial exploitation. For those with mental health issues, reducing stigma, enhancing access to mental health services, and providing legal protections are needed to prevent exploitation and mistreatment. Finally, for incarcerated individuals, improving prison conditions, preventing violence, and expanding healthcare and mental health services are critical to reducing victimization within correctional facilities. Each group needs tailored strategies that address their specific vulnerabilities and barriers to seeking help.  SUMMARY In this lesson, you learned that various special populations experience unique issues when it comes to victimization. Women are more apt to experience gender-based violence, domestic violence, and sexual assault. Much of this violence is rooted in power imbalances between men and women and is exacerbated by cultural norms. LGBTQIA+ populations face challenges because of systemic discrimination, social stigma, and lack of legal protections. The LGBTQIA+ community often experiences hate crimes and violence targeted at their sexual orientation, gender identity, or gender expression. The elderly face unique challenges due to their physical frailty, social isolation, and cognitive decline. They are more vulnerable to certain types of victimization, including elder abuse, financial exploitation, and neglect. People with mental health issues face increased risk of victimization due to their mental health conditions and societal attitudes towards mental illness. They may be more apt to experience victimization due to impaired judgment and perceived cognitive deficits. Lastly, people experiencing incarceration often experience violence within correctional facilities, including physical and verbal assault. The hierarchical structure of prisons, problems with overcrowding, and understaffing can contribute to a culture of violence for incarcerated people. In the next lesson, you will learn about theories that apply to victimization. Source: THIS TUTORIAL WAS AUTHORED BY SOPHIA LEARNING. PLEASE SEE OUR TERMS OF USE REFERENCES Azimi, A. M., & Daigle, L. E. (2021). Mental Health and Victimization: Does Risky Lifestyle Matter? Journal of Interpersonal Violence, 36(1-2), 103-131. doi.org/10.1177/0886260517724255 Auslander, M., & Penney, D. (2019). The prevalence of abuse histories in the mental health system | National Association of State Mental Health Program Directors. Nasmhpd.org. www.nasmhpd.org/content/prevalenceabuse-histories-mental-health-system © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 47 Bachman, R. (1992). Elderly Victims. bjs.ojp.gov/content/pub/pdf/ev92.pdf Blitz, C. L., Wolff, N., & Shi, J. (2008). Physical victimization in prison: the role of mental illness. International journal of law and psychiatry, 31(5), 385–393. doi.org/10.1016/j.ijlp.2008.08.005 Casanova-Perez, R., Apodaca, C., Bascom, E., Mohanraj, D., Lane, C., Vidyarthi, D., Beneteau, E., Sabin, J., Pratt, W., Weibel, N., & Hartzler, A. L. (2022). Broken down by bias: Healthcare biases experienced by BIPOC and LGBTQ+ patients. AMIA ... Annual Symposium proceedings. AMIA Symposium, 2021, 275–284. Centers for Disease Control and Prevention (CDC). (2021, June 14). Preventing Elder Abuse. Www.cdc.gov. www.cdc.gov/violenceprevention/elderabuse/fastfact.html#:~:text=What%20is%20Elder%20Abuse%3F Centers for Disease Control and Prevention (CDC). (2017, June 21). LGBTQ+ Youth: Addressing Health Disparities with a School-Based Approach. Centers for Disease Control and Prevention.www.cdc.gov/lgbthealth/youth.htm Centers for Disease Control and Prevention (CDC). (2020, April 7). Preventing Sexual Violence Www.cdc.gov. ww.cdc.gov/violenceprevention/sexualviolence/fastfact.html#:~:text=Sexual%20violence%20is%20common. Commonwealth of Massachusetts. (2024). Preventing the financial exploitation of elders. Www.mass.gov. Retrieved February 12, 2024, from www.mass.gov/info-details/preventing-the-financial-exploitation-ofelders#:~:text=Elder%20financial%20exploitation%20is%20the Dowd, R. (2020). LGBT people nearly four times more likely than non-LGBT people to be victims of violent crime. Williams Institute; Rachel Dowd. williamsinstitute.law.ucla.edu/press/ncvs-lgbt-violence-press-release/ Heron, R. L., & Eisma, M. C. (2021). Barriers and facilitators of disclosing domestic violence to the healthcare service: A systematic review of qualitative research. Health & social care in the community, 29(3), 612–630. doi.org/10.1111/hsc.13282 Human Rights Campaign (HRC). (2017, May 31). Fair and Equal Housing Act | Human Rights Campaign. Human Rights Campaign.www.hrc.org/resources/fair-and-equal-housing-act Human Rights Campaign (HRC). (2022, November 4). Understanding Intimate Partner Violence in the LGBTQ+ Community. www.hrc.org/resources/understanding-intimate-partner-violence-in-the-lgbtq-community NAMI Dane County. (2022, March 30). Intersectionality and Mental Health. NAMI Dane County.www.namidanecounty.org/blog/2022/3/30/pgsrbl96qsbg05c2ma62img929smff National Domestic Violence Hotline. (2023). Why People Stay. The Hotline. www.thehotline.org/supportothers/why-people-stay-in-an-abusive-relationship/ National Resource Center on Domestic Violence. (2021). Applying an Intersectional Lens. VAWnet.org. vawnet.org/sc/how-faithreligion-can-best-meet-needs-abuse-survivors-those-who-cause-harm/applying Office of Justice Programs (OJP). (2002). Conflicts and Violence in Prison. Www.ojp.gov. Retrieved February 12, 2024, from www.ojp.gov/ncjrs/virtual-library/abstracts/conflicts-and-violence- © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 48 prison#:~:text=Verbal%20challenges%2C%20invasions%20of%20space Reingle-Gonzalez, J. M., & Connell, N. M. (2014). Mental health of prisoners: identifying barriers to mental health treatment and medication continuity. American journal of public health, 104(12), 2328– 2333.doi.org/10.2105/AJPH.2014.302043 Semenza, D. C., Testa, A., & Jackson, D. B. (2022). Intersectional differences in serious violent victimization trajectories across the life course. Preventive medicine reports, 26, 101732. doi.org/10.1016/j.pmedr.2022.101732 Tung, E. L., Hawkley, L. C., Cagney, K. A., & Peek, M. E. (2019). Social Isolation, Loneliness, And Violence Exposure In Urban Adults. Health affairs (Project Hope), 38(10), 1670–1678.doi.org/10.1377/hlthaff.2019.00563 Wolff, N., Shi, J., & Siegel, J. A. (2009). Patterns of victimization among male and female inmates: evidence of an enduring legacy. Violence and victims, 24(4), 469–484.doi.org/10.1891/0886-6708.24.4.469  ATTRIBUTIONS A person holding a laptop | Author: Microsoft 365 | License: CC-SA 4.0 A boy with a painted face | Author: Andra C Taylor Jr | License: CC-SA 4.0 Woman in blue button down shirt | Author: Jixiao Huang | License: CC-SA 4.0  TERMS TO KNOW Marginalized A person or group having limited social or political status; relegated to an unimportant or powerless position within a society or group. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 49 Theories of Victimization by Sophia  WHAT'S COVERED In this lesson, you will learn about the different theories of victimization. Specifically, this lesson will cover: 1. Theories of Victimization 1a. Victim Precipitation Theory 1b. Routine Activity Theory 1c. Lifestyle Theories 1d. Critical Victimology 1. Theories of Victimization  BEFORE YOU START Earlier in the challenge, you learned about different perspectives on the language of victim vs. survivor, and victims’ rights in criminal justice. You also learned about the threat of revictimization and the risk factors for specific populations. In this tutorial, you will examine the theories that have shaped how the criminal justice system approaches victimization. Benjamin Mendelson first introduced the term “victimology” at a lecture for the Romanian Psychiatric Society in 1947, followed by an article in 1956 calling for the creation of a discipline of victimology that would be independent of criminology, and would bring needed attention to victims of crime. For this contribution, Mendelsohn is often called the “father of victimology” (Wemmers, 2017). Mendelsohn’s (1956) early work also explored relationships between survivors and perpetrators, focusing on how responsible survivors were for what happened to them. One of the central concerns of victimology was identified by Marxist criminologist Richard Quinney. Quinney (1972) famously asked, “Who is the victim?” and argued that “the victim” is a socially constructed phenomenon. In other words, for someone to be recognized as a survivor, there needs to be some agreement within society.  HINT © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 50 This means that societal power dynamics will influence collective understandings of victimization, allowing some people to be more easily recognized as survivors when they are harmed (McGarry & Walklate, 2015). Criminologist Nils Christie developed a typology of the “ideal victim,” suggesting categories of people who are most likely to receive “the complete and legitimate status of being a victim” when they are harmed. Christie (1986) suggests this is most likely to happen when the survivor is perceived as weak, engaged in a respectable activity, not seen as responsible for contributing to their victimization, and does not know the offender. The opposite is also true: When people’s experiences of victimization do not align with these characteristics, they may not be recognized as legitimate survivors. Scott (2021) argues that single offenses that occur in public spaces with strangers tend to receive harsher penalties from the criminal justice system than offenses that occur in private, even when these are repeat offenses by a person in a position of trust. This can lead to an erosion of trust in the criminal justice system and subsequently, reluctance to report future victimization. In the following sections, we will examine some common theories and perspectives used to explain why victimization occurs, such as victim precipitation theory, routine activity theory, and lifestyle theories. We will also discuss critical victimology.  TERM TO KNOW Ideal Victim A person or group who is most likely to be given the status of a victim when they experience a crime. Introduced by Christie in 1986, who described the ideal victim as someone who is vulnerable, blameless, and respectable, and is often elderly or very young. 1a. Victim Precipitation Theory Victim precipitation, also known as victim facilitation, refers to situations where the survivor was the initial aggressor in the action that led to their harm or loss. The theory was first coined by Marvin Wolfgang, in his 1957 study of homicide. Wolfgang examined 588 homicides that occurred in Philadelphia between 1948 and 1952 and found that in a quarter of his sample, the victim was the first to engage in physical violence, or in other words, the victim was the initial aggressor. A major criticism of this theory is the assumption that the victim and the offender enter an interaction as equals, dismissing any power imbalances or dynamics at hand (Scott, 2016). Research like Wolfgang’s (1958) has given rise to the phenomenon of victim blaming, which occurs when the survivor of a crime is held responsible, in whole or in part, for their own victimization. Blame stems from a belief that there are specific actions people can take to avoid being harmed. When such actions are not followed, others are not likely to sympathize with the survivor, as they see the crime as avoidable if the survivor had chosen to take the appropriate measures. Victim blaming can take the form of negative social responses from legal, medical, and mental health professionals, the media, immediate family members, and other acquaintances (CRCVC, 2009). You may ask yourself, why do people blame survivors? Some research has suggested that blaming crime survivors helps reassure the person assigning blame that they are safe; if they do not act as the survivor did at the time of their victimization, they will be unharmed (Karmen, 2020). Another reason victims are blamed is attribution error, which occurs when individuals overemphasize personal characteristics and devalue © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 51 environmental characteristics when judging others (CRCVC, 2009). People who make this error view the individual survivor as partially responsible for what happened to them and ignore situational causes. EXAMPLE If a survivor was sexually assaulted by someone while attending a party, some individuals may blame the survivor for being assaulted based on what they were wearing or because they were consuming alcohol at that time, rather than taking into consideration the motivation of the offender. Victim blaming can have serious and negative effects on survivors, who have been deemed at fault even though they bear no responsibility for the crimes committed against them. Victim advocates argue that victim blaming undermines survivor status while simultaneously excusing the offender for the crime (Petherick, 2017). Survivors who receive negative responses and blame tend to experience greater distress and are less likely to report future victimization (CRCVC, 2009).  TERMS TO KNOW Victim Precipitation A situation in which the survivor was the initial aggressor in the actions that led to their harm or loss. Victim Blaming The act of holding a survivor of a crime entirely or partially at fault for the harm that befell them as the result of the crime. Attribution Error An individual's tendency to attribute another's actions to that person’s character or personality while attributing their own behavior to external situational factors outside of their control. 1b. Routine Activity Theory Routine activity theory was first proposed by Lawrence Cohen and Marcus Felson in 1979. Cohen and Felson (1979) suggested that the risk of criminal victimization increases when there is the intersection of: 1. The presence of a motivated offender 2. An availability of suitable targets 3. A lack of capable guardianship (i.e., someone who could intervene to prevent the crime from being committed) Without any one of these three elements, the likelihood of a crime occurring decreases. This theory has met some criticism in the context of victimology, as it assumes that a survivor can lessen the offender’s motivation by being less of a suitable target (Scott, 2016). Furthermore, it assumes equality exists between all three parties — the survivor, the offender, and the guardian—while ignoring the different power imbalances at play.  TERM TO KNOW Routine Activity Theory A criminological theory predicting how changes in social and economic conditions influence crime and victimization. 1c. Lifestyle Theories © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 52 In the context of victimology, lifestyle theories focus on how peoples’ activities and behaviors contribute to their likelihood of being victimized. EXAMPLE According to lifestyle theories, choices like associating with certain groups, being out late at night in public places, or residing in urban areas can increase the risk of victimization. Conversely, taking precautions, such as staying home at night, living in rural areas, avoiding public places, having a stable income, or being married can lower the risk of victimization. These theories propose that crime is not just a random event; crime is influenced by how individuals lead their lives and their environments. EXAMPLE Individuals who lead high-risk lifestyles, which may involve activities like drinking, drug use, late-night outings, and spending time away from home or on the streets, face a significantly higher likelihood of becoming victims of crime. These lifestyle-related risks persist into adulthood, as individuals who engage in criminal behavior increase their likelihood of becoming victims of crimes like homicide themselves. The connection between victimization and a criminal lifestyle is likely more about exposure to risk than about an inherent inclination for victimization (Siegel, 2023).  HINT Individuals who are involved in certain lifestyles often find themselves near violent and dangerous individuals or places, increasing the risk of victimization.  TERM TO KNOW Lifestyle Theories A group of criminological theories that focus on how peoples’ activities and behaviors contribute to their likelihood of being victimized. 1d. Critical Victimology Critical victimology combines the concept of the “ideal victim” with intersectionality, or framing how the identities are layered within each other, to deconstruct victim blaming by calling attention to the ways race, gender, class, and other identities shape social constructions of victimization (Spencer & Walklate, 2016). EXAMPLE Critical victimologists would recognize that the anti-violence against women movement has increased the resources available to female survivors of intimate partner violence and sexual violence, but that women who are Indigenous, trans, or homeless may not have equal access to those resources and may be treated differently within victim services or the criminal justice system. Similarly, male survivors of intimate partner violence or sexual violence have reported difficulties accessing services or being believed when they ask for help (Cohen, 2014).  TERMS TO KNOW Critical Victimology A theory that draws attention to the social processes which victimize some people and not others. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 53 Intersectionality A framework that examines how race, class, gender, sexuality, and ethnicity layer on each other to multiply the effects of victimization or criminalization.  SUMMARY In this lesson, you were introduced to some different theories of victimization. These theories attempt to determine what role, if any, the survivor plays in a crime. One such theory is victim precipitation, which refers to situations in which the survivor was the aggressor in the interaction that led to them suffering harm. However, this theory has often resulted in victim blaming or holding the survivor responsible for their own victimization. You also examined routine activity theory, which suggests that the risk of criminal victimization increases with the intersection of a motivated offender, an availability of suitable targets, and a lack of capable guardianship. Similarly, lifestyle theories focus on how peoples’ routine activities and behaviors contribute to their likelihood of being victimized. Lastly, you learned about critical victimology, which examines how race, gender, class, and other identities shape social constructions of victimization. In the next lesson, you will have the chance to apply your knowledge to a case analysis of victims’ rights. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM KWANTLEN POLYTECHNIC UNIVERSITY’S “INTRODUCTION TO CRIMINOLOGY.” ACCESS FOR FREE AT kpu.pressbooks.pub/introcrim/. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Canadian Resource Centre for Victims of Crime (CRCVC). (2009, August). Victim blaming. crcvc.ca/docs/victim_blaming.pdf CBC News (2021, October 28). Groups allege victim blaming in date-rape drug case acquittal. CBC News Ottawa. www.cbc.ca/news/canada/ottawa/ottawa-court-eddie-ekiyor-1.6228018 Christie, N. (1986). The ideal victim. In E. Fattah (Ed.), From crime policy to victim policy (pp. 17-30). Palgrave Macmillan. Cohen, C. (2014). Male rape is a feminist issue: Feminism, governmentality, and male rape. Springer. Cohen, L. & Felson, M. (1979). Social change and crime rate trends: a routine activity approach. American Sociological Review, 44(4), 588-608. Karmen, A. (2020). Crime victims: An introduction to victimology (10th ed.). Cengage Learning. McGarry, R. & Walklate, S. (2015). Victims: Trauma, testimony, justice. Routledge. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 54 Mendelsohn, B. (1956). Une nouvelle branche de la science bio-psycho-social: La victimologie. Revue de droit pénale et de criminologie, 10(2), 95-109. Petherick, W. (2017). Victim precipitation: Why we need to expand upon the theory. Forensic Research & Criminology International Journal, 5(2). medcraveonline.com/FRCIJ/victim-precipitation-why-we-need-toexpand-upon-thetheory.html#:~:text=Studying%20precipitation%20helps%20understand%20risk,outside%20of%20their%20im mediate%20control. Quinney, R. (1972). Who is the victim? Criminology, 10(3), 314-323. Scott, H. (2021, May 4). The differences in application of legislation and criminal justice practice to address issues experienced by victims of private versus public violence. Office of the Federal Ombudsman for Victims of Crime.www.victimsfirst.gc.ca/res/cor/PVPV-VPVP/index.html Siegel, L. (2023). Criminology (8th ed.). Boston: Cengage. Spencer, D. C., & Walklate, S. L. (Eds.). (2016). Reconceptualizing critical victimology: Interventions and possibilities. Lexington Books. Wemmers, J. (2017). Victimology: A Canadian Perspective. University of Toronto Press. Wolfgang, M. (1957). Victim precipitated criminal homicide. The Journal of Criminal Law, Criminology, and Police Science, 48(1), 1-11.  TERMS TO KNOW Attribution Error An individual's tendency to attribute another's actions to that person’s character or personality while attributing their own behavior to external situational factors outside of their control. Critical Victimology A theory that draws attention to the social processes which victimize some people and not others. Ideal Victim A person or group who is most likely to be given the status of a victim when they experience a crime. Introduced by Christie in 1986, who described the ideal victim as someone who is vulnerable, blameless, and respectable, and is often elderly or very young. Intersectionality A framework that examines how race, class, gender, sexuality, and ethnicity layer on each other to multiply the effects of victimization or criminalization. Lifestyle Theories A group of criminological theories that focus on how peoples’ activities and behaviors contribute to their likelihood of being victimized. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 55 Routine Activity Theory A criminological theory predicting how changes in social and economic conditions influence crime and victimization. Victim Blaming The act of holding a survivor of a crime entirely or partially at fault for the harm that befell them as the result of the crime. Victim Precipitation A situation in which the survivor was the initial aggressor in the actions that led to their harm or loss. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 56 Case Analysis: Victims' Rights and Marsy's Law by Sophia  WHAT'S COVERED In this lesson, you will use the case of Marsy Nicholas to see how victims’ rights extend to a survivor’s family. Specifically, this lesson will cover: 1. Rolling Hills PD Explores Marsy’s Law 1a. Case of the Forgotten Family 1b. Debrief 1. Rolling Hills PD Explores Marsy’s Law Victims’ rights have evolved significantly over the years, aiming to ensure that victims of crimes are treated with fairness, respect, and dignity. Historically, the criminal justice system focused primarily on the rights of the accused, which often left victims and their families feeling powerless. This led to the movement for victims’ rights in the late 20th century, which brought about significant changes in laws and policies. One of the most notable advancements in victims’ rights is Marsy’s Law. Named after Marsy Nicholas, a college student who was tragically murdered in 1983, Marsy’s Law seeks to provide victims with rights equal to those of the accused. Marsy’s family, led by her brother Henry Nicholas, spearheaded the campaign for this law after experiencing firsthand the lack of information and support available to victims. Just a week after Marsy’s death, her family encountered her accused murderer in a grocery store, unaware that he had been released on bail.  HINT This shocking experience highlighted the need for better communication and protection for victims. Marsy’s Law has been adopted in several states across the United States, including California (the first state to pass Marsy’s Law in 2008), Florida, Georgia, Illinois, Kentucky, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, and Wisconsin. Marsy’s Law was initially passed but later overturned in Montana and Pennsylvania due to constitutional challenges. Marsy’s Law includes several key provisions designed to protect and empower victims. These provisions ensure that victims are informed of their rights, notified of important proceedings and developments in their cases, and given a voice in the criminal justice process. EXAMPLE One of the provisions of the law indicates that victims have the right to be present at court hearings, to be heard during sentencing, and to receive restitution from the offender. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 57 Additionally, Marsy’s Law aims to protect victims from harassment and intimidation by allowing them to request protective orders and to be notified of the release or escape of the accused. Click on the plus sign to review some of the criticisms of Marsy’s Law. + Marsy’s Law, while aimed at protecting victims’ rights, has faced several criticisms. Critics argue that it can undermine the rights of the accused and disrupt the balance of the criminal justice system. Here are some of the main criticisms: Due Process Concerns: Critics claim that Marsy’s Law can infringe on the due process rights of defendants. For example, it allows victims to refuse interviews, depositions, or discovery requests from the defense, which can hinder the defense’s ability to prepare a case. Potential for Wrongful Convictions: By restricting access to certain information and evidence, Marsy’s Law may increase the risk of wrongful convictions. Defendants might not have access to all the evidence that could prove their innocence. Ambiguity in Definition: The law often defines a “victim” broadly, which can include individuals who have not been directly harmed or those involved in cases where the accused has not yet been proven guilty. This can lead to complications and potential misuse of the law. Administrative and Financial Burdens: Implementing Marsy’s Law can be costly and administratively challenging for states. Ensuring that all victims are notified and their rights are upheld requires significant resources. Impact on Legal Proceedings: The law can lead to delays in legal proceedings, as courts must ensure that victims’ rights are fully respected, which can complicate and prolong the judicial process. Alicia Henson and Professor Kang Sang Joon are back to review landmark cases and explain the evolution of the criminal justice system for some overtime. In this next case, they will review how victims’ rights were impacted by the passing of Marsy’s Law. CONVERSATION BETWEEN COWORKERS © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 58 "Hi, again, Joon. I want to warn you that the case we’re about to explore today is pretty tragic." "Alicia, I have seen my share of tragedy, unfortunately. Murder cases are always difficult to dive into, so let’s make sure that we focus on how the victim’s family used their experience to fight for victims’ rights across the country." "Yes, this is a landmark case that is really centered on communication and how to ensure that those who have been impacted by a crime are treated with dignity." 1a. Case of the Forgotten Family Watch and listen as Detective Henson and Professor Joon investigate the case of the forgotten family:  WATCH 1b. Debrief Let’s look at why Detective Henson and Professor Joon think this story illustrates how Marsy’s Law increased victims’ rights. CONVERSATION BETWEEN COWORKERS "The experience of Marsy’s family is typical of the pain and suffering family members of murder victims so often endure." "The implementation of Marsy’s Law has had a profound impact on the evolution of victims’ rights. By codifying these rights into state constitutions, Marsy’s Law has elevated the status of victims within the legal system, ensuring that their needs and concerns are addressed more effectively." "This law has been adopted in several states across the United States, each tailoring the provisions to fit their specific legal frameworks." "The widespread adoption of Marsy’s Law reflects a growing recognition of the importance of balancing the rights of the accused with the rights of victims." © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 59 "There are some criticisms of the law, like how it might impact due process rights of defendants, but overall, Marsy’s Law represents a significant step forward in the ongoing effort to enhance victims’ rights." "By providing victims with clear, enforceable rights, this law helps to ensure that they are treated with the respect and dignity they deserve."  LEARN MORE Read more about Marsy’s Law for All.  SUMMARY In this lesson, you saw how Rolling Hills PD explores Marsy’s Law, which expands victims’ rights. In the case of the forgotten family, you found that one family’s advocacy changed how victims and their families are treated across the country. In the debrief, you looked at how Marsy’s Law has significantly advanced victims’ rights by embedding them into state constitutions, ensuring victims’ needs are addressed within the legal system by balancing the rights of the accused with those of victims. Despite some criticisms, Marsy’s Law is a major step forward in treating victims with the respect and dignity they deserve. Source: THIS TUTORIAL WAS AUTHORED BY SOPHIA LEARNING. PLEASE SEE OUR TERMS OF USE. REFERENCES Blanchard-Wu, E. (2024). A right to reasonable protection under Marsy’s laws. The University of Chicago Law Review. lawreview.uchicago.edu/online-archive/right-reasonable-protection-under-marsyslaws#:~:text=California%20was%20the%20first%20state%20to%20enact%20a,Wisconsin%20have%20each% 20enacted%20versions%20of%20Marsy%E2%80%99s%20Law Gutbrod, E., & Yeack, H. (2022). Violence Against Women Act and Marsy’s Law. Case Western Reserve Social Justice Law Center Reporter, 2022(1), Article 12. lawreview.uchicago.edu/online-archive/right-reasonableprotection-under-marsyslaws#:~:text=California%20was%20the%20first%20state%20to%20enact%20a,Wisconsin%20have%20each% 20enacted%20versions%20of%20Marsy%E2%80%99s%20Law Marsy’s Law for All. (2015). Marsy’s law for all. Marsy’s Law. www.marsyslaw.us/ © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 60 Functions of Law in the U.S by Sophia  WHAT'S COVERED In this lesson, you will learn about the functions and limitations of law. Specifically, this lesson will cover: 1. Functions of Law 2. Limitations of Law 1. Functions of Law Society uses laws, or rules designed to control citizens’ behaviors which are backed by the power of the state, so that peoples’ actions will conform to societal norms, cultures, mores, traditions, and expectations. Laws and legal rules promote social control by resolving basic value conflicts, settling individual disputes, and making rules that even the government must follow. Professor Hazel B. Kerper outlined the advantages of law in fostering social control, while identifying four major limitations of the law: 1. The law often cannot gain community support without the support of other social institutions. 2. Even with community support, the law cannot compel certain types of conduct contrary to human nature. 3. The law’s resolution of disputes is dependent upon a complicated and expensive fact-finding process. 4. The law changes slowly. EXAMPLE Consider the United States Supreme Court case of Brown v. Board of Education (1954), which declared racially segregated schools unconstitutional. The decision was largely unpopular in the southern states, and many decided to not follow the Court’s ruling. Ultimately, the Court had to call in the National Guard to enforce its decision requiring schools to be integrated (Kerper, 1979). Because courts must interpret and enforce these rules, laws differ from many other forms of social control. Both formal and informal social controls can change behavior. EXAMPLE Informal social control, such as social media (including Facebook, Instagram, and Twitter), has a tremendous impact on what people wear, how they think, how they speak, what people value, and even how they vote. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 61 Social media’s impact on human behavior cannot be overstated, but because these informal controls are largely unenforceable, they are not considered laws.  BIG IDEA Law is a formal means of social control.  REFLECT Think about a time when a mode of informal social control impacted your daily life or changed the way you act—at school or work, or even in your relationships with friends or family. How have your decisions or your actions been impacted by social media?  TERM TO KNOW Law Rules designed to control citizens’ behaviors, backed by the power of the state. 2. Limitations of Law Matthew Lippman, professor of criminal law and criminal procedure, found that the law does not always achieve its purposes of social control, dispute resolution, and social change, but instead, can harm society. This is referred to as the dysfunctions of law... ...when the law “does not always protect individuals and results in beneficial social progress. Law can be used to repress individuals and limit their rights. The respect that is accorded to the legal system can mask the dysfunctional role of the law. Dysfunctional means that the law is promoting inequality or serving the interests of a small number of individuals rather than promoting the welfare of society or is impeding the enjoyment of human rights.” (Lippman, 2015, p.11)  THINK ABOUT IT Consider an instance where you believe the law either failed to protect someone's rights or possibly even worked against a person or group of people. How did this situation shape your view of the legal system's role in promoting fairness and justice? In what ways do you think the law could adapt to better serve society? Lawrence Friedman, the country’s leading legal historian, has identified several dysfunctions of law: 1. Legal actions may be used to harass individuals or to gain revenge rather than redress a legal wrong. 2. The law may reflect biases and prejudices or reflect powerful economic interests. 3. The law may be used by totalitarian regimes as an instrument of repression. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 62 4. The law can be too rigid because it is based on a clear set of rules that do not always fit neatly. EXAMPLE Friedman notes that the rules of self-defense do not apply in situations in which battered women use force to repel consistent abuse because of the law’s requirement that the threat be immediate. The law may be slow to change because of its reliance on precedent. The law also denies equal access to justice because of the inability to pay for legal services. Furthermore, the courts are reluctant to second-guess the decisions of political decision makers, particularly in times of war and crisis. The reliance on law and courts can discourage democratic political activism because individuals and groups, when they look to courts to decide issues, divert energy from lobbying the legislature and from building political coalitions for elections. Lastly, the law may impede social change because it may limit the ability of individuals to use the law to vindicate their rights and liberties (Lippman, 2015).  TERM TO KNOW Dysfunctions of Law The potential for the law to harm society rather than achieve its purposes of social control, dispute resolution, and social change.  SUMMARY In this lesson, you learned that the functions of law serve primarily as a formal social control by establishing rules that control citizens' behaviors and align them with societal norms, backed by state enforcement. Unlike informal social controls like social media, which influence behaviors but lack enforceability, laws are upheld by the courts to resolve conflicts and ensure everyone follows the rules. However, laws have limitations, such as requiring societal support to be effective, being slow to change, and facing challenges in enforcing behaviors against human nature. There are dysfunctions of law, as it can perpetuate inequality, serve special interests, and sometimes repress rather than promote justice and social progress. In the next lesson, you will learn about different types of law. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM Open Washington’s “Introduction to the U.S. Criminal Justice System. ACCESS FOR FREE AT OPEN WA LICENSE:CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Kerper, H. B. 1979. Introduction to the criminal justice system (2nd ed.). West Publishing Company. Lippman, M. R. 2015. Law and society. Thousand Oaks, CA: SAGE Publications.  ATTRIBUTIONS © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 63 The U.S. Civil Rights Movement | Author: U.S. Embassy The Hague | License: CC by SA 4.0  TERMS TO KNOW Dysfunctions of Law The potential for the law to harm society rather than achieve its purposes of social control, dispute resolution, and social change. Law Rules designed to control citizens’ behaviors, backed by the power of the state. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 64 Differences in Law by Sophia  WHAT'S COVERED In this lesson, you will learn about differences in law. Specifically, this lesson will cover: 1. Differences in Law 1a. Civil Wrongs 1b. Criminal Wrongs 1c. Moral Wrongs 1d. Overlap of Civil, Criminal, and Moral Wrongs 1. Differences in Law  BEFORE YOU START Remember that laws function as tools for social control and conflict resolution. Laws help align individual behavior with societal norms and resolve disputes through enforceable rules. However, there are limitations to the law, which can sometimes reinforce inequality, serve limited interests, or struggle to adapt to societal changes. This lesson is about people committing crimes and how society responds to criminal behaviors. Crimes are only one type of wrong. People can also violate civil law or commit a moral wrong and not be guilty of any crime whatsoever. So, let’s explore the difference between civil, criminal, and moral wrongs. 1a. Civil Wrongs A civil wrong is a private wrong, and the injured party’s remedy is to sue the party who caused the wrong or injury for general damages, typically in the form of money. The plaintiff is the injured party who sues or brings a civil suit against the defendant, or the party that caused the harm. Plaintiffs can be: Individuals Businesses Classes of individuals Government entities Defendants, or the party who is being sued, in civil actions can also be: Individuals © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 65 Businesses Multinational corporations Governments State agencies Civil law covers many types of civil actions or suits, including: Torts (a wrongful act or infringement of a person's rights, other than a breach of contract, that results in legal liability for the harm caused) Contracts Property or real estate disputes Family law Intellectual property claims Trusts and estate laws The primary purpose of a civil suit is to financially compensate the injured party. The plaintiff brings the suit in his or her own name, which might look like Sam Smith v. Joe Jones. The amount of damages is related to the amount of harm done by the defendant to the plaintiff. Sometimes, when the jury finds there is particularly egregious harm, the defendant will be awarded a separate monetary award called punitive damages in addition to general damages. Plaintiffs may also bring civil suits called injunctive relief to stop the defendant from continuing to act in a certain manner. Codes of the civil procedure set forth the rules to follow when suing the party who allegedly caused some type of private harm. These codes govern the different types of civil actions. In a civil trial, the plaintiff has the burden of producing evidence that the defendant caused the injury and the harm. EXAMPLE To meet this burden, the plaintiff will call witnesses to testify and introduce physical evidence. In a civil case, the plaintiff must convince or persuade the jury that it is more likely than not that the defendant caused the harm. This level of certainty or persuasion is known as preponderance of the evidence.  DID YOU KNOW Another feature in a civil suit is that the defendant can cross-sue the plaintiff, claiming that the plaintiff is responsible for the harm.  TERMS TO KNOW Civil Wrong Wrongful act that causes harm or loss to an individual or entity, leading to legal liability, and is typically addressed through civil litigation. Plaintiff A party who brings a legal action or in whose name it is brought. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 66 Tort A wrongful act or infringement of a person's rights, other than a breach of contract, that results in legal liability for the harm caused. Injunctive Relief A court-ordered remedy that requires a party to either do or refrain from doing a specific act, often used to prevent harm or to enforce legal rights. Preponderance of the Evidence A standard of proof in civil cases, requiring that the evidence shows it is more likely than not that the claim is true. 1b. Criminal Wrongs Criminal wrongs are behaviors that harm society rather than one individual or entity specifically. When people violate the criminal law, there are generally sanctions that include incarceration and fines. The government, on behalf of society, is the plaintiff. A criminal wrong can be committed in many ways—by individuals, groups, or businesses against individuals, businesses, governments, or even without a specific victim. See the table below for some examples. Criminal Defendant Victim Examples Individual Self or with no victim Gambling or drug use Individual Other individual(s) Assault, battery, theft Individual Business or government Trespass, welfare fraud Group of individuals Individual(s) Conspiracy to commit murder Group of individuals Government or no particular victim Riot, rout, disorderly conduct Business entity Individuals Fraud Business entity Government or no particular victim Fraud, pollution, tax evasion Criminal laws reflect a society’s moral and ethical beliefs, and govern how society, through its government agents, holds criminal wrongdoers accountable for their actions. Sanctions are used to express societal condemnation of the criminal’s behavior, such as: Incarceration Fines Restitution Community service Restorative justice Government attorneys prosecute, or file charges against, criminal defendants on behalf of society, not necessarily to remedy the harm suffered by any victim. The title of a criminal prosecution reflects this: © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 67 EXAMPLE Examples include State of California v. Jones, The Commonwealth v. Jones, or People v. Jones. In a criminal jury trial, a group of people selected from the community decides whether the defendant is guilty of the crime charged. In a bench trial, the judge decides whether the defendant is guilty or not. In criminal wrongs, the prosecutor carries the burden of producing evidence that will convince the jury or judge beyond any reasonable doubt that the criminal defendant committed a violation of law that harmed society. To meet this burden, the prosecutor will call upon witnesses to testify and may also present physical evidence suggesting the defendant committed the crime.  HINT Just as a private individual may decide that it is not worth the time or effort to file a legal action, the state may decide not to use its resources to file criminal charges against a wrongdoer.  TERMS TO KNOW Criminal Wrong A behavior, or behaviors, that harm society as a whole rather than one individual or entity specifically. Prosecute To file charges against or start legal proceedings against a person or organization. 1c. Moral Wrongs Moral wrongs, like lying, cheating, or breaking promises, differ from civil and criminal wrongs. A moral wrong refers to an action or behavior considered unethical or immoral based on societal, cultural, or personal standards. These wrongs violate principles of right and wrong as determined by a community’s moral code, but they are not necessarily illegal.  HINT Unlike criminal or civil wrongs, moral wrongs do not have legal consequences but can lead to social disapproval or personal guilt. Moral law attempts to improve personal character, whereas criminal law, in general, is aimed at misbehavior that falls substantially below the norms of the community. There are no codes or statutes governing violations of moral laws in the United States.  LEARN MORE Watch the 2015 Netflix documentary The Witness in which Bill Genovese re-examined what was said, heard, and reported about the assault on his sister, Kitty Genovese. This story is frequently cited as an example of a moral wrong. Thirty-seven neighbors purportedly did nothing when Kitty Genovese was stabbed to death outside their apartment building in New York City in 1964. There are many discrepancies about this story: what the neighbors knew or didn’t know, and what the neighbors did or didn’t do. But the general belief is that they had at least a moral obligation to do something—for example, call the police—and by failing to do anything, they committed a moral wrong. Ultimately, none of the neighbors had any legal obligation to report the crime or intervene to help Ms. Genovese. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 68  TERM TO KNOW Moral Wrong An action or behavior considered unethical or immoral based on societal, cultural, or personal standards. 1d. Overlap of Civil, Criminal, and Moral Wrongs Sometimes criminal law and civil law overlap, and an individual’s actions constitute both a violation of criminal law and civil law. EXAMPLE If Joe punches Sam in the face, Sam may sue Joe civilly for civil assault and battery, and the state may also prosecute Joe for punching Sam, a criminal assault and battery. EXAMPLE Consider the case involving the late O.J. Simpson. Simpson was first prosecuted in 1994 for killing his ex-wife and her friend (the criminal charges of murder). After the criminal trial in which the jury acquitted Simpson, the Brown and Goldman families filed a wrongful death action against Simpson for killing Nicole Brown and Ronald Goldman. The civil jury found Simpson responsible and awarded compensatory and punitive damages of $33.5 million dollars. Sometimes criminal behavior has no civil law counterpart: The crime of possessing burglary tools does not have a civil law equivalent. Conversely, many civil actions do not violate criminal law; civil suits for divorce, wills, or contracts do not have a corresponding criminal wrong.  BIG IDEA Even though there is certainly an overlap between criminal law and civil law, it is not a perfect overlap. Because there is no legal action that can be filed for committing a moral wrong, there really is not any overlap between criminal wrongs, civil wrongs, and moral wrongs.  THINK ABOUT IT Imagine a situation where a friend shares personal information about another person without their consent online, leading to emotional harm. While this act may not break any laws, it could be considered a moral wrongdoing. Should there be formal consequences for such actions, or is it enough for society to rely on informal social norms to address the wrong?  SUMMARY In this lesson, you learned about the differences in law between civil, criminal, and moral wrongs. Civil wrongs involve harm caused by one party to another, where the injured party seeks financial compensation through a lawsuit. Civil law covers areas such as contracts, property disputes, and personal injury, with the goal of compensating the injured party. The burden of proof in civil cases is preponderance of the evidence, meaning it is more likely than not that the defendant caused the harm. Criminal wrongs harm society, and the government prosecutes the defendant. Criminal cases require © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 69 proof "beyond a reasonable doubt," and penalties can include incarceration, fines, or other sanctions to punish the wrongdoer on behalf of society. Moral wrongs, however, relate to actions that violate ethical or societal expectations but do not necessarily break any laws. There are no legal consequences for moral wrongs, as they are not governed by criminal or civil codes, and so there is no overlap of criminal wrongs, civil wrongs, and moral wrongs, though actions can violate both criminal law and civil law. In the next lesson, you will learn about substantive and procedural law. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM Open Washington’s “Introduction to the U.S. Criminal Justice System. ACCESS FOR FREE AT OPEN WA LICENSE:CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Gardner, T.J. 1985. Criminal Law: Principles and Cases (3rd ed.). West Publishing Company.  TERMS TO KNOW Civil Wrong Wrongful act that causes harm or loss to an individual or entity, leading to legal liability, and is typically addressed through civil litigation. Criminal Wrong A behavior, or behaviors, that harm society as a whole rather than one individual or entity specifically. Injunctive Relief A court-ordered remedy that requires a party to either do or refrain from doing a specific act, often used to prevent harm or enforce legal rights. Moral Wrong An action or behavior considered unethical or immoral based on societal, cultural, or personal standards. Plaintiff A party who brings a legal action or in whose name it is brought. Preponderance of the Evidence A standard of proof in civil cases, requiring that the evidence shows it is more likely than not that the claim is true. Prosecute To file charges against or start legal proceedings against a person or organization. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 70 Tort A wrongful act or infringement of a person's rights, other than a breach of contract, that results in legal liability for the harm caused. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 71 Substantive vs. Procedural Law by Sophia  WHAT'S COVERED In this lesson, you will learn about substantive and procedural law. Specifically, this lesson will cover: 1. Substantive Law 2. Procedural Law 1. Substantive Law Substantive law defines the rights and duties of individuals and entities, to determine the legal consequences of their actions and establish a framework for governing behavior. This sets what behavior is permissible and what is not and ensures that people know about their rights and responsibilities, to promote fairness and accountability within the legal system. Substantive law is found in statutes, constitutions, and case law. Substantive law encompasses a wide range of law (Cornell Law School, 2019): Criminal law Civil law Constitutional law Others In criminal law, substantive law defines what constitutes a crime and the penalties that may be imposed upon conviction. Criminal statutes outline the elements of each offense, such as the act (actus reus) and the intent (mens rea) required to establish guilt (University of Minnesota, 2015). Review this table from the Legal Information Institute for more information on the levels of mens rea: Level Definition Example Purposefully is the highest level of mens rea and means that the person has a clear objective to cause a particular result. While If a person sets fire to a home with the specific Purposefully acting purposefully, the person acts with objective of burning it down, then the person the conscious desire to achieve a specific purposefully starts the fire intending to burn down outcome. Purposefully is considered the the entire home. most focused and deliberate form of intent. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 72 The level of intentionally is very similar to the level purposefully. In fact, these terms If a person sets fire to an attached garage, knowing are often used interchangeably. it is likely to burn down the entire house, the Intentionally involves a deliberate action objective may not have been to destroy the entire Intentionally where the person performs acts knowing house, but it is likely to happen. The person that certain results are likely to occur. intentionally started the fire to cause damage but Intentionally reflects a conscious decision didn’t necessarily intend to burn down the entire to engage in certain conduct, knowing the house. likely outcome. A person sets fire to a pile of leaves in their yard, not far from their neighbor’s house. The wind is At this level of mens rea, a person should Recklessly be aware of their actions causing a substantial risk of a particular result, but the person chooses to disregard that risk. blowing strong, but the person needs to finish this project by sundown. The person recognizes the risk but is not able to control the fire in the strong wind. As a result, the neighbor’s house catches fire and burns to the ground. The person knew that a risk was present but ignored the possibility of anything actually happening. They acted recklessly. A person is burning trash behind their home in a This is generally the lowest level of mens rea. When a person acts negligently, they fail to see the substantial risk of harm Negligently created by their actions. The failure to recognize this risk deviates from the basic standard of care expected of a reasonable person. barrel appropriate for burning. Inside the trash is a combustible can of spray paint. The person failed to read the label and didn’t know that burning the can would create an elevated risk of an explosion. As a result, the can exploded and caused a fire that spread quickly across the yard toward the home. There was no intent to cause harm or a reasonable belief that the actions would lead to some type of harm. The person acted negligently. Substantive civil law also addresses the rights and duties of private individuals or entities. In contract law, substantive law governs the creation and enforcement of agreements. It outlines the essential elements of a contract and defines what constitutes a breach of contract. In tort law, substantive law specifies the elements required to prove negligence or intentional harm, such as duty, breach, and damages (Cornell Law School, 2019). Another important area is substantive constitutional law, which involves the interpretation and application of constitutional rights. Substantive constitutional law establishes fundamental rights, such as: Freedom of speech Due process Equal protection under the law © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 73 Constitutional substantive law serves as a limit on government power, ensuring that laws and government actions do not violate the individual rights protected by the Constitution (Constitution Annotated, 2024).  TERM TO KNOW Substantive Law A law that defines the legal rights and duties of individuals and entities, including laws that govern behavior and determine the legal consequences of actions. 2. Procedural Law Procedural law governs the process used to investigate and prosecute an individual who commits a crime. Procedural law also governs the ways a person convicted of a crime may challenge their convictions. The sources of procedural law include the same sources that govern substantive criminal law: the Constitution, case law or judicial opinions, statute, and common law. Whereas most substantive criminal law is now statutory, most procedural law is found in judicial opinions that interpret the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution, the U.S. Code, and the state constitutional and legislative counterparts. IN CONTEXT Generally, the federal and state constitutions set forth broad guarantees. EXAMPLE The right to a speedy trial. Then, statutes are enacted to provide more definite guidelines. EXAMPLE The Federal Speedy Trial Act. Then, judges interpret the meaning of those guarantees and statutes in their court opinions. Procedural law applies to every point in the criminal justice process, which can be broken down into five phases: 1. Investigative phase 2. Pre-trial phase 3. Trial phase 4. Sentencing phase 5. Appellate or post-conviction phase © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 74 Let’s look closer at each phase: Phase What happens in this stage of the criminal justice process? The investigative phase is governed by laws covering: Searches and seizures Interrogations and confessions Identification procedures (like line-ups) Investigative Phase This phase mostly involves what the police are doing to investigate a crime. However, when police apply for a search, seizure, or arrest warrant, “neutral and detached” magistrates (or judges) must decide whether probable cause exists to issue search warrants, arrest warrants, and warrants for the seizure of property. They must also decide whether the scope of the proposed warrant is supported by the officer’s statement. When an individual is arrested without a warrant, judges will need to promptly review whether there is probable cause to hold them in custody before trial. The pre-trial phase is governed by laws covering: Initial appearance of the defendant before a judge or magistrate Securing of defense counsel Arraignment process Pre-trial Phase Selection and use of a grand jury or preliminary hearing processes Pre-trial motions During this phase, prosecutors and defendants may engage in plea bargaining and will generally resolve the case before a trial is held. The trial phase is governed by procedural laws covering: Speedy trial guarantees Selection and use of trial jurors Rules of evidence Trial Phase Right of the defendant to cross-examine any witnesses or evidence presented by the government Fair trials free of prejudicial adverse pre-trial or trial publicity that are open to the public Right of the defendant to have the assistance of counsel, and to be present, during their trial Sentencing Phase The sentencing phase is governed by rules and laws concerning: Constitutionality of different punishments Period in which a defendant must be sentenced Any victims’ rights to appear and make statements at sentencing Defendant’s rights to present mitigating evidence and witnesses © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 75 Defendant’s continued rights to the assistance of counsel at sentencing The post-conviction phase is governed by rules and laws concerning: Period in which direct appeals must be taken Defendant’s right to file appeals Post- Defendant’s right to have the assistance of counsel when filing appeals Conviction Phase The post-conviction phase is also governed by rules and laws concerning the defendant’s ability to file a writ of habeas corpus, a civil suit against the entity holding the defendant in custody. The post-conviction phase also includes any probation and parole revocation hearings.  TERMS TO KNOW Procedural Law A set of rules and processes that govern how legal cases are conducted in courts, including the methods for enforcing rights and obligations in both civil and criminal matters. Writ of Habeas Corpus A legal order requiring that a person detained or imprisoned be brought before a court to determine whether their detention is lawful.  SUMMARY In this lesson, you learned about substantive law, which defines the rights, duties, and legal consequences for individuals and entities. This establishes the framework for permissible behavior and promoting fairness and accountability in the legal system, and covers a wide range of areas, including criminal law, where it outlines the elements of offenses and determines penalties based on the severity of the crime. In civil law, substantive law governs issues such as contracts and torts, specifying the elements required to prove breaches or negligence. Moreover, substantive constitutional law ensures that individual rights are protected, acting as a check on government power. You also learned about procedural law, which governs the processes by which crimes are investigated, prosecuted, and challenged in court. This originates from constitutional provisions, statutes, and judicial opinions, especially those interpreting the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. Procedural law covers the entire criminal justice process, from investigation to post-conviction, ensuring that each step follows legal procedures and protects the rights of the defendant. In the criminal justice process, procedural law applies during five key phases: investigation, pre-trial, trial, sentencing, and post-conviction. During these phases, rules govern actions like police investigations, warrants, plea bargaining, jury selection, the right to counsel, sentencing, and the appeals process. Procedural law also ensures that individuals can challenge their convictions through © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 76 appeals or habeas corpus petitions, maintaining fairness and constitutional protections throughout the process. In the next lesson, you will learn more about the United States Constitution. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM Open Washington’s “Introduction to the U.S. Criminal Justice System. ACCESS FOR FREE AT OPEN WA LICENSE:CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Cornell Law School. (2019). Substantive law. LII / Legal Information Institute. www.law.cornell.edu/wex/substantive_law University of Minnesota. (2015). Criminal Elements. Open.lib.umn.edu. University of Minnesota Libraries Publishing edition, 2015. December 17, 2015. open.lib.umn.edu/criminallaw/chapter/4-1-criminal-elements/ Legal Information Institute. (n.d.). Mens rea. Cornell Law School. www.law.cornell.edu/wex/mens_rea Constitution Annotated. (2024). Analysis and interpretation of the U.S. Constitution: Amendment VII. Civil trials (Intro.7.2.4). U.S. Congress.constitution.congress.gov/browse/essay/intro-7-2-4/ALDE_00000033/  TERMS TO KNOW Procedural Law A set of rules and processes that govern how legal cases are conducted in courts, including the methods for enforcing rights and obligations in both civil and criminal matters. Substantive Law A law that defines the legal rights and duties of individuals and entities, including laws that govern behavior and determine the legal consequences of actions. Writ of Habeas Corpus A legal order requiring that a person detained or imprisoned be brought before a court to determine whether their detention is lawful. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 77 The U.S. Constitution by Sophia  WHAT'S COVERED In this lesson, you will learn about the rights and freedoms guaranteed to individuals by the U.S. Constitution, including rights that are implied. Specifically, this lesson will cover: 1. Constitutional Protections 2. The Impact of Implied Rights on Society 1. Constitutional Protections The U.S. Constitution was originally adopted in 1787. The text of the Constitution contains a handful of procedural guarantees to protect citizens from government overreach. Procedural guarantees found within the Constitution include: Habeas Corpus Bills of Attainder Ex Post Facto Laws Trial by Jury Trial for Treason Literally, habeas corpus is Latin for “you should have the body.” As mentioned in the last lesson, a writ of habeas corpus is a court order directed at someone who has custody of a person ordering the release of that person because his or her incarceration was achieved through unlawful processes. Sometimes referred to as “the Great Writ,” habeas corpus originated in the courts © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 78 of England as a means of curbing the authority of the king (Sholar, 2007). The importance of habeas corpus grew over the centuries in England. By the late 1700s, this idea was deemed so important that the framers of the U.S. Constitution included the concept in the first article. Article I, Section 9, Clause 2 provides that: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." The Great Writ is considered "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action" (Harris v. Nelson, 1969, pp. 290–291).  HINT The writ of habeas corpus is an important form of procedural justice because it provides the mechanism to challenge unlawful incarcerations (Owen, Fradella, Burke, & Jopkins, 2019). IN CONTEXT: The Case of Boumediene v. Bush (2008) In 2008, the U.S. Supreme Court delivered a landmark ruling in Boumediene v. Bush. The case centered around Lakhdar Boumediene, a detainee at Guantanamo Bay who, along with other foreign nationals, sought to challenge their detention. The U.S. government argued that these detainees, held at a facility outside the continental United States, were not entitled to habeas corpus rights. However, the Supreme Court disagreed, ruling that constitutional habeas corpus protections extend to non-citizens held in territories under U.S. control. The Court asserted that denying these detainees a meaningful opportunity to challenge their imprisonment would undermine the very essence of procedural justice. This case illustrates the enduring power and relevance of habeas corpus. It reaffirmed that the Great Writ is a fundamental safeguard against arbitrary detention, even for individuals held far from U.S. soil. The ruling underscored the principle that no government entity, regardless of location or circumstance, can escape judicial scrutiny when it comes to the legality of imprisoning individuals. A bill of attainder is a legislative act declaring someone guilty of a crime and imposing punishment in absence of a trial. Because the determination of guilt is delegated only to the judicial system, the Constitution prohibits Congress and states from passing bills of attainder. This is to ensure that all people will have their day in court and that courts will hold all responsibility for determining whether people are guilty based on evidence introduced at trial. This is important to the concept of procedural justice because it prevents “legislative oppression of those politically opposed to the majority in control” (Pound, [1930] 1998, p. 133).  HINT © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 79 Guilt will only be adduced, or cited as evidence, after a fair judicial process that accounts for relevant evidence (Owen, et al., 2019). The Constitution also prohibits ex post facto laws. An ex post facto law is any law that punishes an act that was not criminal at the time it was committed. The prohibition of ex post facto laws ensures that guilt can be assigned only after offenders know their behavior was criminalized (Owen et al., 2019). The Constitution also guarantees that trials for all federal crimes (other than impeachment) shall be by jury.  DID YOU KNOW The Supreme Court has ruled that this right does not apply to petty crimes, military tribunals, or when the defendant has waived the right to a trial by jury. This right was expanded upon in the Sixth Amendment (Owen et al., 2019). The only crime defined in the U.S. Constitution (Article III, Section 3, Clause 1) is treason: "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court." The framers were concerned that simply supporting unpopular views in a new democracy might be considered treasonous or being guilty of the crime of betraying one's country.  HINT They defined the substantive elements of treason and procedure for proving it to ensure that simple speech could not be interpreted as the crime of treason; the First Amendment’s protection of free speech was not yet in existence (Owen et al., 2019). Most of the other limitations are found within the Bill of Rights, the first ten amendments to the U.S. Constitution, which were adopted in 1791. The Bill of Rights also places certain limits on what behaviors may or may not be criminalized by the government. These limitations are covered in the First and Second Amendments.  TERMS TO KNOW Writ of Habeas Corpus A legal order requiring that a person detained or imprisoned be brought before a court to determine whether their detention is lawful. Bill of Attainder A legislative act that declares a person or group guilty of a crime and imposes punishment without a judicial trial, which is prohibited by the U.S. Constitution. Ex Post Facto Law A law that retroactively alters the legal consequences of actions, either by criminalizing previously lawful behavior or increasing penalties for existing crimes, which the U.S. Constitution prohibits. Treason © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 80 An act of betraying one's country by engaging in actions such as waging war against it or aiding its enemies. 2. The Impact of Implied Rights on Society Sometimes the Constitution doesn’t explicitly state a protection or right that the courts have nevertheless found to be inherent or found within the Constitution. The concept of implied rights within the Constitution stems from penumbras—or zones created by the explicit guarantees outlined in the Bill of Rights. This legal interpretation, notably articulated in Griswold v. Connecticut (1965), identified a constitutional right to privacy, which was not explicitly stated but inferred from other rights. Over the years, this interpretation has shaped the legal landscape, influencing key rulings on issues like: Reproductive rights Consensual adult relationships Access to contraception  THINK ABOUT IT Social media platforms like Facebook and Instagram collect vast amounts of personal data to target ads. How might the right to privacy be at play in recent debates about digital data, social media privacy, and surveillance? Justice Douglas, who crafted the majority opinion in Griswold v. Connecticut (1965), wrote that the specific rights in the Bill of Rights have additional protections that help make them stronger. These protections create areas of privacy, or implied rights, like: Amendment First Third Right(s) The right to gather with others. Soldiers can’t stay in someone’s house without permission during peace time, and so this also protects privacy. People have the right to be safe in their homes, papers, and belongings from unreasonable Fourth searches. The Fourth Amendment creates a “right to privacy, no less important than any other right carefully and particularly reserved to the people.” The rule against self-incrimination allows people to keep certain information private. The Fourth Fifth and Fifth Amendments were described as protection against all governmental invasions “of the sanctity of a man’s home and the privacies of life.” Ninth Just because some rights are listed in the Constitution, it doesn’t mean people don’t have other rights too. Representatives can’t make laws that let the government invade people’s privacy, even if there’s no specific amendment that says so. From 1965 to 2015, the Supreme Court decided many landmark cases that referenced the right to privacy: © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 81 Case Eisenstadt v. Baird (1972) Griswold v. Connecticut (1965) Stanley v. Georgia (1969) Lawrence v. Texas (2003) Right(s) The right of married people to have contraceptives. Struck down a ban on contraceptives. The right to view and possess adult pornography. The right of adults to engage in consensual sexual activities. Obergefell v. Hodges The right to privacy also played a role in this case decision, which required states to (2015) allow and recognize same-sex marriages.  LEARN MORE Read the final reports on these landmark cases: Eisenstadt v. Baird Griswold v. Connecticut Stanley v. Georgia Lawrence v. Texas Obergefell v. Hodges However, the existence of a constitutional right to privacy suffered a dramatic setback in June 2022, when the Supreme Court overturned its own precedent in Roe v. Wade (1972), deciding that the state of Mississippi could restrict access to abortion. While the written decision in Dobbs v. Jackson Women’s Health Organization (2022) claims that other freedoms underwritten by the right to privacy (such as same-sex marriage, interracial marriage, and access to contraception) were not at risk, legal scholars generally agree that these guarantees may also be subject to judicial revision in the future.  TERMS TO KNOW Penumbra An implied right derived from the explicit guarantees in the Bill of Rights, such as the right to privacy, which is not directly mentioned but is inferred from several amendments.  SUMMARY In this lesson, you learned about constitutional protections, such as the writ of habeas corpus, which challenges unlawful detention by ordering the release of a person if their imprisonment resulted from unlawful procedures. This writ ensures procedural justice by providing a means to challenge wrongful incarcerations, emphasizing that no one can be detained arbitrarily without judicial oversight. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 82 Additionally, the Constitution prohibits bills of attainder and ex post facto laws to protect against legislative overreach and retroactive punishment. Bills of attainder bypass the judicial process by declaring guilt without a trial, while ex post facto laws criminalize actions that were legal when committed. These protections ensure that people cannot be punished without due process or fair notice of the criminality of their actions. Furthermore, the Constitution guarantees the right to a jury trial for federal crimes and defines treason, requiring proof to prevent the government from using it as a tool against political dissent. You also learned about the impact of implied rights on society. Penumbra refers to implied rights that are not explicitly stated but are derived from other protections in the Bill of Rights. In Griswold v. Connecticut (1965), Justice Douglas explained that certain amendments, such as the First, Third, Fourth, Fifth, and Ninth, create "zones of privacy," protecting individuals from government intrusion. This right to privacy was later affirmed in landmark cases related to reproductive freedom, personal autonomy, and same-sex marriage. However, the right to privacy faced a significant challenge in 2022 when the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, raising concerns about the future of other privacy-based rights. In the next two lessons, you will learn more about some of the most important amendments that relate to the criminal justice system, including the First, Second, Fourth, Fifth, Sixth, Eighth, and Fourteenth. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM LOUIS: The Louisiana Library Network'S “CCRJ 1013: Introduction to Criminal Justice”. ACCESS FOR FREE AT LOUIS. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Harris v. Nelson, 394 U.S. 286 (1969). Owen, S. S., Fradella, J. P. H. F., Burke, T. W., & Jopkins, J. W. (2019). Foundations of criminal justice (3rd ed.). Oxford University Press Academic US. Pound, R. (1998). Criminal Justice in America. (Original work published 1930). New Brunswick, NJ: Transaction Publishers.  ATTRIBUTIONS Constitution, United States | Author: WikiImages | License: CC by SA 4.0 Lakhmar Boumediene -- NA-AU152 GITMO DV 20081120204100 | Author: United States Department of Defense | License: Public Domain  TERMS TO KNOW © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 83 Bill of Attainder A legislative act that declares a person or group guilty of a crime and imposes punishment without a judicial trial, which is prohibited by the U.S. Constitution. Ex Post Facto Law A law that retroactively alters the legal consequences of actions, either by criminalizing previously lawful behavior or increasing penalties for existing crimes, which the U.S. Constitution prohibits. Penumbra An implied right derived from the explicit guarantees in the Bill of Rights, such as the right to privacy, which is not directly mentioned but is inferred from several amendments. Treason An act of betraying one's country by engaging in actions such as waging war against it or aiding its enemies. Writ of Habeas Corpus A legal order requiring that a person detained or imprisoned be brought before a court to determine whether their detention is lawful. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 84 The First, Second, and Fourth Amendments by Sophia  WHAT'S COVERED In this lesson, you will learn about constitutional amendments related to the criminal justice system and the protection of individual rights. The first ten amendments are known as the U.S. Bill of Rights. Specifically, this lesson will cover: 1. First Amendment Protections 2. Second Amendment Protections 3. Fourth Amendment Protections 1. First Amendment Protections The First Amendment to the U.S. Constitution states: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment provides several protections that place limits on the power of government to criminalize: Speech Religious practices The ability to assemble and demonstrate peacefully The free speech protections of the First Amendment generally allow people to speak or write about any topic, and the First Amendment even protects symbolic speech, which is conduct that expresses an idea or opinion, like wearing certain clothes, accessorizing using buttons or armbands (e.g., Tinker v. Des Moines, 1969) or picketing or marching in a parade. Even symbolic hate speech, like burning a cross, may receive some First Amendment protection as symbolic speech depending on the circumstances under which such an act occurs. Considering the First Amendment, it is rare for a law to ban any type of protected speech or expression (Owen et al., 2019). © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 85 EXAMPLE In Texas v. Johnson (1989), the Court held that the law infringed upon people’s right to express their dissatisfaction with the government through the symbolic speech embodied in the action of burning the flag. As with all constitutional rights, there are limits to free speech, and certain categories of speech receive no First Amendment protection, like: Libel and slander Falsehoods that damage another person’s reputation Obscenity The use of words “directed to inciting or producing imminent lawless action” (Brandenburg v. Ohio, 1969, p. 447) Moreover, limits may be placed on the time, place, and way the rights to free speech are exercised to prevent fires, health hazards, obstructions or occupations of public buildings, or traffic problems. EXAMPLE No one has the right to “insist upon a street meeting in the middle of Times Square at rush hour as a form of freedom of speech” (Cox v. Louisiana, 1965, p. 554) or yell “fire” in a crowded movie theater (Owen et al., 2019). The First Amendment also generally forbids censorship or other restraints on speech or expression by the media. There are, however, limits to this protection, like in cases involving defamation or obscenity. In addition, dissemination of information may be prohibited if it concerns a matter of national security. And, as with free speech, the time, place, and way broadcasts are made can be limited (Owen et al., 2019). EXAMPLE The Federal Communications Commission (FCC) can bar the broadcast of profane language and sexually explicit material on public airways that may be accessed by children. The First Amendment contains two clauses relevant to the freedom of religion: 1. The establishment clause 2. The free exercise clause The establishment clause provides a wall of separation between church and state and prevents local, state, and federal governments from enacting any law that establishes an official church or favoring one religion over another. EXAMPLE Laws that criminalized failure to go to weekly religious services or failure to donate money to a religious organization would be unconstitutional exercises of the state’s police power, considering the protections of the establishment clause (Owen et al., 2019). The free exercise clause protects people’s rights to act on their beliefs. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 86 EXAMPLE The Supreme Court struck down a local ordinance that prohibited the ritual killing of animals because it infringed upon the religious beliefs of a group that practices animal sacrifice (Church of Lukumi Babalu Aye v. City of Hialeah, 1993, p. 525). The freedom to act on religious beliefs is not absolute, however. No one may violate otherwise valid laws in the name of freely practicing religion. EXAMPLE Laws criminalizing polygamy have been upheld even if one’s religion condones having multiple spouses (see Reynolds v. United States, 1878) (Owen et al., 2019).  TERMS TO KNOW First Amendment An amendment to the Constitution which provides protections that place limits on the power of government to criminalize speech, religious practices, and the ability to assemble and demonstrate peacefully. Establishment Clause A provision that provides a wall of separation between church and state and prevents local, state, and federal governments from enacting any law that establishes an official church or favoring one religion over another. Free Exercise Clause A provision that protects people’s rights to act on their beliefs. 2. Second Amendment Protections The Second Amendment states: "A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The Second Amendment places substantive limits on laws regulating firearms. Thus, laws banning the possession of handguns by law-abiding citizens are presumed to be unconstitutional, since they interfere with the “the core lawful purpose of self-defense” (District of Columbia v. Heller, 2008, p. 630).  DID YOU KNOW The Heller case (District of Columbia v. Heller) specifically endorsed the legality of certain gun control regulations, such as: Bans on firearm possession by convicted felons and people with serious mental illnesses Bans on carrying firearms “in sensitive places such as schools and government buildings” Bans on carrying concealed weapons © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 87 Regulations limiting the conditions and qualifications on the commercial sale of firearms (District of Columbia v. Heller, 2008, p. 626) The constitutionality of a variety of other gun-related laws has yet to be decided by the U.S. Supreme Court. Like other constitutional rights, however, the right to bear arms is not unlimited. The Second Amendment does not imply a right to possess weapons suitable for warfare, rather than self-defense, such as bazookas, bombs, grenades, tanks, or biological, chemical, or nuclear weapons (Owen et al., 2019).  TERM TO KNOW Second Amendment An amendment to the Constitution that places substantive limits on laws regulating firearms. 3. Fourth Amendment Protections The Fourth Amendment says: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Congress.gov, 2022)." The Fourth Amendment limits the government’s ability to engage in searches and seizures. Under the least restrictive interpretation, the Amendment requires that, at a minimum, searches and seizures be reasonable. Under the most restrictive interpretation, the Amendment requires that government officers need a warrant any time they do a search or a seizure. In practice, there are many exceptions to the “warrant rule.” The Court has interpreted the Fourth Amendment in many cases, and search and seizure law is subject to the Court’s constant refinement and revision.  HINT One thing is clear: The Court has never embraced the most restrictive interpretation of the Fourth, which would require a warrant for every search and seizure conducted. While officers are generally empowered to use their discretion in executing a warrantless search, there are several broad scenarios in which the courts have recognized that the “warrant rule” does not apply to reasonable searches, as securing a warrant might compromise: The officer’s safety The public’s safety © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 88 The integrity of criminal evidence To execute any warrantless search, of course, police must first be able to articulate probable cause. While the specific search parameters vary by state, police officers are permitted to search an individual who is being arrested. This is known as a “search incident to a lawful arrest” (SILA). SILA searches are typically limited to the immediate area around the individual—essentially their person (that is, body, clothing) and anything within reaching distance of their person (in some cases, some compartments of their car or a bag/container in their vicinity). SILA searches are intended to protect police officers from an arrestee who may have a concealed weapon or who could potentially destroy evidence. Here are three examples of the exceptions to the warrant law, or enacting warrantless searches: Automobile Exception: This allows law enforcement officers to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. This exception is based on the idea that vehicles are mobile, and evidence could be moved or destroyed before a warrant can be obtained. Plain View Doctrine: This permits officers to seize evidence without a warrant if it is clearly visible. For this to apply, the officer must be lawfully present at the location where the evidence is in plain view, and it must be immediately apparent that the items are evidence of a crime or contraband. Individual’s Consent: This occurs when a person voluntarily agrees to allow law enforcement to conduct a search without a warrant. The consent must be given freely and not coerced, and the individual must have the authority to consent to the search of the area or items in question. Suspected offenders detained in their cars or believed to be concealing evidence within their vehicles may also be subject to warrantless searches. This is known as the automobile exception (Carroll v. United States). Due to their inherent capacity for movement, vehicles represent a unique threat to any evidence contained within. In the time it takes officers to secure a warrant, the vehicle’s owner—and/or criminal suspects—may move the vehicle, causing a loss of evidence. For this reason, if police have probable cause to believe that a vehicle contains criminal contraband, or was used in the perpetration of a crime, they may conduct a warrantless search and seizure.  HINT The term “automobile exception” is misleading, as this exception applies to any vehicle that can be moved, including a mobile home (provided it is still on wheels, and not connected to a power source.) Another common exception to the warrant rule concerns the seizure of evidence that is in “plain view.” In other words, if a police officer can clearly see criminal contraband, or evidence that appears to be implicated in the commission of a crime, they are permitted to seize it without first going to a judge. “Plain view doctrine” does have some limitations, however. Namely, to legally seize evidence in plain view, an officer must be in the area where it is located lawfully, and their observation must be inadvertent. EXAMPLE Police are not allowed to bring a step ladder onto your property so that they may peer through your windows without a warrant. Case law has effectively extended plain view doctrine to include other senses, such as plain feel, plain hearing, and plain smell. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 89 Another exception to the warrant rule is consent. This is perhaps the most straightforward “loophole” within the Fourth Amendment, and, at the same time, the one of which we are least aware. Simply put, if an individual consents to a search—of their person, bag, car, or house—then an officer does not require a warrant, so long as probable cause can be articulated. While consent searches may largely be conducted in good faith, we should be aware of circumstances where individuals do not wholly recognize what they are consenting to. Moreover, the courts have ruled that consent can be implied, and a lack of consent must be explicitly and continuously asserted.  THINK ABOUT IT Consider how someone might react if a police officer asked, “Do you mind if I search you? You don’t have anything to hide, do you?”  TERMS TO KNOW Fourth Amendment An amendment to the Constitution which limits the government’s ability to engage in searches and seizures. Probable Cause A legal standard that requires a reasonable basis for believing that a crime has been committed and that the person, place, or items involved are connected to the crime, justifying law enforcement actions such as searches, arrests, or obtaining warrants. Search Incident to a Lawful Arrest (SILA) A legal principle that allows police to search a person who has been arrested without a warrant. SILA searches are typically limited to the arrestee's person and the immediate area around them. Automobile Exception An exception that allows law enforcement officers to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. This exception is based on the idea that vehicles are mobile, and evidence could be moved or destroyed before a warrant can be obtained. Plain View Doctrine A doctrine that permits officers to seize evidence without a warrant if it is clearly visible. For this to apply, the officer must be lawfully present at the location where the evidence is in plain view, and it must be immediately apparent that the items are evidence of a crime or contraband. Individual’s Consent A consent that occurs when a person voluntarily agrees to allow law enforcement to conduct a search without a warrant. The consent must be given freely and not coerced, and the individual must have the authority to consent to the search of the area or items in question.  SUMMARY © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 90 In this lesson, you learned more about some of the constitutional amendments that protect individual rights. The First Amendment protects freedoms of speech, religion, press, assembly, and petition. It allows people to express their ideas freely and protects symbolic speech but limits speech that incites violence or harms others, such as libel or slander. The Second Amendment protects the right to keep and bear arms, primarily for self-defense, but is subject to regulations, such as restrictions on firearm possession by convicted felons or in sensitive places like schools. The Fourth Amendment protects against unreasonable searches and seizures, requiring warrants based on probable cause in most cases. However, there are exceptions, such as searches incident to lawful arrests, the automobile exception, and plain view doctrine, where police can seize evidence without a warrant if it is clearly visible. In the next lesson, you will continue to look at amendments in the Constitution. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM LOUIS: The Louisiana Library Network'S “CCRJ 1013: Introduction to Criminal Justice”. ACCESS FOR FREE AT LOUIS. LICENSE: CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Brandenburg v. Ohio, 395 U.S. 444 (1969). Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993). Congress.gov. (2022). U.S. constitution - Fourth Amendment. Constitution.congress.gov; Constitution Annotated. constitution.congress.gov/constitution/amendment-4/ Cox v. Louisiana, 379 U.S. 536 (1965). District of Columbia v. Heller, 554 U.S. 570 (2008). Legal Information Institute (LII). (n.d.). Overview of Eighth Amendment, Cruel and Unusual Punishment. www.law.cornell.edu/constitution-conan/amendment-8/overview-of-eighth-amendment-cruel-and-unusualpunishment Owen, S. S., Fradella, J.P.H. F., Burke, T. W., & Jopkins, J. W. (2019). Foundations of Criminal Justice (3rd ed.). Oxford University Press Academic US. Reynolds v. United States, 98 U.S. 145 (1878). Roper v. Simmons. (n.d.). Oyez. www.oyez.org/cases/2004/03-63 Texas v. Johnson, 491 U.S. 397 (1989). © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 91 Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).  ATTRIBUTIONS Defend our right to peaceful protest (51832231019) | Author: Alisdare Hickson | License: CC by SA 4.0  TERMS TO KNOW Automobile Exception An exception that allows law enforcement officers to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. This exception is based on the idea that vehicles are mobile, and evidence could be moved or destroyed before a warrant can be obtained. Establishment Clause A provision that provides a wall of separation between church and state and prevents local, state, and federal governments from enacting any law that establishes an official church or favoring one religion over another. First Amendment An amendment to the Constitution which provides protections that place limits on the power of government to criminalize speech, religious practices, and the ability to assemble and demonstrate peacefully. Fourth Amendment An amendment to the Constitution which limits the government’s ability to engage in searches and seizures. Free Exercise Clause A provision that protects people’s rights to act on their beliefs. Individual’s Consent A consent that occurs when a person voluntarily agrees to allow law enforcement to conduct a search without a warrant. The consent must be given freely and not coerced, and the individual must have the authority to consent to the search of the area or items in question. Plain View Doctrine A doctrine that permits officers to seize evidence without a warrant if it is clearly visible. For this to apply, the officer must be lawfully present at the location where the evidence is in plain view, and it must be immediately apparent that the items are evidence of a crime or contraband. Probable Cause A legal standard that requires a reasonable basis for believing that a crime has been committed and that the person, place, or items involved are connected to the crime, justifying law enforcement © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 92 actions such as searches, arrests, or obtaining warrants. Search Incident to a Lawful Arrest (SILA) A legal principle that allows police to search a person who has been arrested without a warrant. SILA searches are typically limited to the arrestee's person and the immediate area around them. Second Amendment An amendment to the Constitution that places substantive limits on laws regulating firearms. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 93 The Fifth, Sixth, Eighth, and Fourteenth Amendments by Sophia  WHAT'S COVERED In this lesson, you will learn about constitutional amendments related to the criminal justice system and the protection of individual rights. The first ten amendments are known as the U.S. Bill of Rights. Specifically, this lesson will cover: 1. Fifth Amendment Protections 2. Sixth Amendment Protections 3. Eighth Amendment Protections 4. Fourteenth Amendment Protections 1. Fifth Amendment Protections The Fifth Amendment states that: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation (Congress.gov, n.d.a)." The Fifth Amendment is often referred to as the due process amendment, in that it contains multiple clauses that aim to preserve criminal defendants against unwarranted, overzealous, or illegal prosecution by the government. However, the Fifth is probably most known for its protection against self-incrimination or having to disclose information that could ultimately harm you, stating that no person “shall be compelled in a criminal case to be a witness against himself.” Defendants have the right to not testify at trial and the right to remain silent during a custodial interrogation (Miranda v. Arizona, 384 U.S. 436, 1966). The Fifth Amendment also provides for a grand jury in federal criminal © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 94 prosecutions, prohibits double jeopardy, demands due process of law, and prohibits taking private property for public use. The Court has incorporated the double jeopardy provision through the Fourteenth Amendment, making states also prohibited from subjecting a person to double jeopardy. However, it has not held that states must provide a grand jury review. The Fifth Amendment’s grand jury provision is one of two clauses of the Bill of Rights that has not been incorporated to the states—but most states do use the grand jury at least for some types of cases. EXAMPLE In Pennsylvania, grand juries are used in felony cases where witness intimidation is suspected. The Fifth Amendment also entitles citizens prosecuted by the federal government to due process of law.  TERMS TO KNOW Fifth Amendment An amendment to the Constitution that aims to preserve criminal defendants against unwarranted, overzealous, or illegal prosecution by the government and offers protection against self-incrimination. Due Process A requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. Double Jeopardy A constitutional protection under the Fifth Amendment that prohibits a person from being tried twice for the same offense after either an acquittal or a conviction. 2. Sixth Amendment Protections The Sixth Amendment states that: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense (Congress.gov, n.d.b)." The Sixth Amendment guarantees several protections to a criminal defendant in court, including the right to: A speedy trial A public trial A jury trial Hold the trial in the district where the crime took place © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 95 Be told what charges have been filed Confront witnesses at trial Compel witnesses to testify at trial Assistance of counsel This Amendment governs the federal court process, but because of the Fourteenth Amendment’s Due Process Clause, these rights also apply to defendants in state criminal cases. At the same time, the text of the Sixth Amendment does not include the many limitations that are imposed upon these rights in practice, nor does it specify the meaning of a speedy trial. In fact, a speedy trial time frame may be different from state to state, and between state and federal court. Following the Speedy Trial Act of 1974, federal prosecutors essentially have 100 days to get to trial following the arrest of an individual on federal charges—30 days after the arrest to secure an indictment, and then 70 days post-indictment to begin trial. Congress has also passed legislation imposing a minimum time from arrest to trial—30 days—so that defendants have adequate time to prepare. The 100-day window imposed by the Speedy Trial Act, however, does not count delays imposed by the defendant. Moreover, the Speedy Trial Act does not apply to cases filed in state courts. Of course, most cases in state and federal courts are dealt with through plea bargaining and thus never get to trial. EXAMPLE In Pennsylvania, district attorneys have significantly more time to get to trial. Individuals charged with a criminal offense in Pennsylvania must be tried within 365 days of their arrest. If the defendant is held in pre-trial custody, the speedy trial clock is shortened to only 180 days. IN CONTEXT: Landmark Case: Gideon v. Wainwright In 1961, Clarence Earl Gideon was arrested for petty larceny in Panama City, Florida, after an unknown witness reporting seeing him leave the Bay Harbor Pool Room early in the morning, carrying a bottle of wine, Coca-Cola, and change. Brought before a judge, Gideon stated that he could not afford a lawyer but believed that the state was responsible for providing him with an attorney. At the time, Florida only extended indigent defense—a lawyer appointed and paid by the state—for individuals facing capital offenses. After conviction, Gideon appealed his case from prison, citing a violation of his Sixth Amendment rights—and the Supreme Court agreed. The Court’s decision in Gideon officially incorporated the Sixth Amendment to the states, extending the right to indigent defense to anyone facing criminal charges that could be punished with 6 months, or more, of incarceration.  TERM TO KNOW Sixth Amendment © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 96 An amendment to the Constitution which guarantees the right to a speedy trial, the right to a public trial, the right to a jury trial, the right to have his or her trial in the district where the crime took place, the right to be told what charges have been filed, the right to confront witnesses at trial, the right to compel witnesses to testify at trial, and the right to assistance of counsel. 3. Eighth Amendment Protections The Eighth Amendment states that: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Congress.gov, 1791)." The Eighth Amendment provides protections for individuals involved in the criminal justice system, particularly concerning punishment, and prohibits the government from imposing excessive bail, excessive fines, or inflicting cruel and unusual punishment. These protections are designed to ensure fairness and humane treatment throughout the legal process (Legal Information Institute, n.d.). The Excessive Bail Clause ensures that individuals accused of a crime are not subjected to unfairly high bail amounts, which would prevent them from obtaining pre-trial release. The goal is to balance the individual's right to freedom with the need to ensure their appearance at trial (LII, n.d.). Additionally, the prohibition of cruel and unusual punishment plays a critical role in limiting the severity of punishments. This clause has been used by courts to rule against inhumane methods of execution and to challenge disproportionate sentencing practices, including life sentences for minor offenses.  DID YOU KNOW The interpretation of what constitutes cruel and unusual punishment has evolved, with significant cases like Roper v. Simmons (2005) banning the execution of minors (Roper v. Simmons, n.d.). The Excessive Fines Clause prevents the government from imposing financially punitive measures that are disproportionate to the offense committed (LII, n.d.). This has implications in both criminal and civil asset forfeiture cases. Overall, the Eighth Amendment serves to uphold the principles of fairness and justice, ensuring that punishments within the criminal justice system are not extreme or unjustly harsh.  TERM TO KNOW Eighth Amendment An amendment to the Constitution that provides protections for individuals involved in the criminal justice system, particularly concerning punishment, and prohibits the government from imposing excessive bail, excessive fines, or inflicting cruel and unusual punishment. 4. Fourteenth Amendment Protections © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 97 The Fourteenth Amendment reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (Congress.gov, 2020)." The Fourteenth Amendment mandates that states do not deny their citizens’ due process of law. Due process can be summarized as making sure that the government treats people fairly. Part of fairness is giving people fair warning as to what behaviors are permitted and what behaviors are not permitted—putting people on notice of what the law is. Thus, legislators must be very careful when making new laws.  HINT They cannot make laws that are so poorly drafted such that a person of ordinary intelligence would not understand the law or that would allow police too much discretion in how they interpret and apply the law because such a law would be considered void for vagueness. The Fourteenth Amendment also guarantees equal protection of the law. Generally, legislatures cannot make laws that treat people differently unless the laws are rationally related to a legitimate government interest. When legislatures attempt to pass laws that treat people differently based on sex, then the court reviews the law with heightened scrutiny—the law must be designed to achieve an important government interest. EXAMPLE Laws that imply differential treatment by sex must be based on an actual physiological difference, and not archaic stereotypes. When legislatures attempt to pass laws that treat people differently based upon their race or ethnicity, then they must have a compelling reason to do so, and even then, the courts, employing strict scrutiny, are likely to declare such laws unconstitutional. The Fourteenth Amendment covers differential treatment at all stages of the criminal justice process, from arrest to punishment. However, the courts, in their interpretation of this amendment, have categorically allowed criminal justice strategies that result in different outcomes based on sex or race. In fact, some of the most prominent Fourteenth Amendment landmark cases have legitimized the ability of different criminal justice actors to consider demographic traits. IN CONTEXT: Landmark Case: United States v. Brignoni-Ponce In the 1975 case United States v. Brignoni-Ponce, the Supreme Court ruled, unanimously, that law enforcement (in this case, Border Patrol) could not stop a vehicle, or execute a search, based solely on the presumed ethnicity or citizenship of the vehicle’s occupants. On its surface, this decision appears to outlaw racial profiling; yet, in its entirety, the Court’s decision validates the relevance of presumed ethnicity or citizenship in officers’ decisions to stop and search—if the © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 98 suspect’s appearance is not the only articulable fact underlying reasonable suspicion or probable cause. Other interpretations of the Fourteenth Amendment have made it more difficult for individual defendants or groups of defendants to argue that illegal discrimination led to their differential treatment in the criminal justice system. Most notably, the Supreme Court erected a nearly insurmountable standard for proving racial discrimination in McCleskey vs. Kemp—discussed below. IN CONTEXT: Landmark Case: McCleskey v. Kemp In 1987, Warren McCleskey was convicted in the murder of a police officer and sentenced to death. However, McCleskey appealed his sentence based on racially disparate treatment. Specifically, his attorney presented powerful data on racial differences in the imposition of the death penalty in Georgia. According to the “Baldus Study,” individuals convicted of homicide in Georgia were four times as likely to receive the death penalty if they had killed white victims, compared to Black victims. Yet the justices did not find these statistics sufficiently compelling to overturn McCleskey’s sentence, instead writing "apparent disparities in sentencing are an inevitable part of our criminal justice system." Moreover, the McCleskey decision produced a new standard for proving racial discrimination in the criminal justice system, requiring appellants to produce evidence of conscious race bias—proof that police officers, prosecutors, or judges, for example, had intended to treat an individual differently based on their race. For this reason, McCleskey v. Kemp is often lamented as a case that has made the rectification of racial inequalities in the justice system extraordinarily difficult.  TERM TO KNOW Fourteenth Amendment An amendment to the Constitution that mandates that states do not deny their citizens’ due process of law.  SUMMARY In this lesson, you learned more about some of the constitutional amendments that protect individual rights. The Fifth Amendment ensures due process and protects us from double jeopardy and selfincrimination. The amendment also requires that private property cannot be taken for public use without just compensation. The Sixth Amendment provides defendants in criminal trials with rights including a speedy and public trial, an impartial jury, the right to know the charges against them, to confront witnesses, and to have legal counsel. The landmark case Gideon v. Wainwright extended the right to legal counsel to © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 99 defendants unable to afford a lawyer. The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment. It is often used to challenge extreme sentencing practices and methods of execution, ensuring that punishments are fair and proportionate to the offense. Lastly, the Fourteenth Amendment guarantees due process and equal protection under the law. It ensures that laws are applied fairly and without discrimination, particularly in cases involving race or gender. However, proving racial bias in criminal justice decisions is difficult, as seen in McCleskey v. Kemp, which set a high bar for demonstrating racial discrimination in death penalty cases. In the next lesson, you will be able to apply your knowledge about constitutional protections to the case of Miranda v. Arizona. Source: THIS TUTORIAL HAS BEEN ADAPTED FROM Open Washington’s “Introduction to the U.S. Criminal Justice System. ACCESS FOR FREE AT OPEN WA LICENSE:CREATIVE COMMONS ATTRIBUTION 4.0 INTERNATIONAL. REFERENCES Brandenburg v. Ohio, 395 U.S. 444 (1969). Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993). Congress.gov. (1791, December 15). U.S. Constitution - Eighth Amendment. Library of Congress. Constitution.congress.gov. constitution.congress.gov/constitution/amendment-8/ Congress.gov. (n.d.a). U.S. Constitution - Fifth Amendment." Library of Congress. Constitution.congress.gov. constitution.congress.gov/constitution/amendment-5/ Congress.gov. (n.d.b). U.S. Constitution - Sixth Amendment. Library of Congress. Constitution.congress.gov. constitution.congress.gov/constitution/amendment-6/ Congress.gov. (2020). U.S. Constitution - Fourteenth Amendment. Library of Congress. Congress.gov. constitution.congress.gov/constitution/amendment-14/ Cox v. Louisiana, 379 U.S. 536 (1965). District of Columbia v. Heller, 554 U.S. 570 (2008). Legal Information Institute (LII). (n.d.). Overview of Eighth Amendment, Cruel and Unusual Punishment. www.law.cornell.edu/constitution-conan/amendment-8/overview-of-eighth-amendment-cruel-and-unusualpunishment. Owen, S. S., Fradella, J.P.H. F., Burke, T. W., & Jopkins, J. W. (2019). Foundations of Criminal Justice (3rd ed.). Oxford University Press Academic US. Reynolds v. United States, 98 U.S. 145 (1878). © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 100 Roper v. Simmons. (n.d.). Oyez. www.oyez.org/cases/2004/03-633 Texas v. Johnson, 491 U.S. 397 (1989). Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).  ATTRIBUTIONS 1975 Chevrolet Impala | Author: Riley | License: CC by SA 4.0 Florida State Prison mug shots of Clarence Earl Gideon - Raiford, Florida. 1961 | Author: State Archives of Florida | License: CC by SA 4.0 U.S. Supreme Court Rules Racial Bias "Inevitable" in Criminal Justice System | Author: Equal Justice Intiative | License: CC by SA 4.0  TERMS TO KNOW Double Jeopardy A constitutional protection under the Fifth Amendment that prohibits a person from being tried twice for the same offense after either an acquittal or a conviction. Due Process A requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. Eighth Amendment An amendment to the Constitution that provides protections for individuals involved in the criminal justice system, particularly concerning punishment, and prohibits the government from imposing excessive bail, excessive fines, or inflicting cruel and unusual punishment. Fifth Amendment An amendment to the Constitution that aims to preserve criminal defendants against unwarranted, overzealous, or illegal prosecution by the government and offers protection against selfincrimination. Fourteenth Amendment An amendment to the Constitution that mandates that states do not deny their citizens’ due process of law. Sixth Amendment An amendment to the Constitution which guarantees the right to a speedy trial, the right to a public trial, the right to a jury trial, the right to have his or her trial in the district where the crime took © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 101 place, the right to be told what charges have been filed, the right to confront witnesses at trial, the right to compel witnesses to testify at trial, and the right to assistance of counsel. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 102 Case Analysis: Miranda v. Arizona by Sophia  WHAT'S COVERED In this lesson, you will determine how the landmark case Miranda v. Arizona has impacted people in custody. Specifically, this lesson will cover: 1. Rolling Hills PD Explores Miranda v. Arizona 1a. Case of the Coerced Confession 1b. Debrief 1. Rolling Hills PD Explores Miranda v. Arizona If you have ever watched a crime drama like Law and Order or CSI, you might know that law enforcement is required to inform suspects of their rights before interrogation. These protections, known as Miranda rights, ensure that people are aware of their: Fifth Amendment rights against self-incrimination Sixth Amendment right to legal counsel A Miranda warning is a statement that police must give to suspects in custody before questioning them, which informs suspects of their rights under the U.S. Constitution. The warning typically includes the following points: Right to Remain Silent Right to an Attorney The following is the standard Miranda warning: "You have the right to remain silent. Anything you say can be used against you in court. You have the right to speak with an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided for you." Informing suspects of these rights prevents coerced confessions and ensures that suspects are treated fairly during interrogations. This requirement stems from the landmark Supreme Court case Miranda v. Arizona (1966). Ernesto Miranda was arrested by Phoenix police for kidnapping and rape based on circumstantial evidence. During a lengthy interrogation, he confessed and signed a statement claiming his confession was voluntary. At trial, Miranda argued that his confession should be excluded because he was unaware of his rights, but the © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 103 court disagreed, and he was convicted. After being sentenced to 20–30 years in prison, Miranda’s appeal to the Arizona Supreme Court was rejected. The case eventually reached the U.S. Supreme Court, which overturned Miranda’s conviction in the landmark decision Miranda v. Arizona. This ruling, made during the Warren Court era, established that suspects must be informed of their rights before interrogation. Despite the overturned conviction, Miranda was retried without his confession and was still convicted based on other evidence. He served time in prison and was paroled before his death in 1976.  HINT In the case of Michigan v. Moseley (1975), the Supreme Court clarified that if a person waives Miranda and decides to talk, they still have the right to stop answering questions at any time. This resulted in the following being added to Miranda: "If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time." The Rolling Hills PD has instructed our officers to review landmark cases and explain the evolution of the criminal justice system. In this next case, they will review the Miranda v. Arizona case, which helps maintain integrity in criminal investigations. CONVERSATION BETWEEN COWORKERS "Professor Joon, today we are going to look at how Miranda warnings have impacted the criminal justice system." "Alicia, I could probably recite that in my sleep. Miranda vs. Arizona famously established that individuals must be informed of their rights to remain silent and to have an attorney when they are arrested." "And this ruling also helps discourage police corruption, by setting ethical standards. The goal is to ensure fairer treatment and protect peoples’ constitutional rights." "Yes! Everyone is protected by the Fifth and Sixth Amendments, even those suspected of committing a crime. But how did this warning originate?"  TERMS TO KNOW Miranda Rights © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 104 Ensures that individuals are aware of their Fifth Amendment rights against self-incrimination and their Sixth Amendment right to legal counsel. These rights include the right to remain silent, the right to an attorney, and the warning that anything said can be used against them in court. Miranda Warning A statement that police must give to suspects in custody before questioning them, which informs suspects of their rights under the U.S. Constitution. 1a. Case of the Coerced Confession Watch and listen as Detective Henson and Professor Joon look into the case of a coerced confession:  WATCH  DID YOU KNOW Some of the most notable decisions made by the Warren Court include: Brown v. Board of Education (1954): This landmark case declared racial segregation in public schools unconstitutional. Gideon v. Wainwright (1963): This ruling guaranteed the right to legal counsel for all criminal defendants in federal and state courts. Loving v. Virginia (1967): This case struck down laws banning interracial marriage. The Warren Court is often considered one of the most progressive courts in U.S. history due to decisions that aimed to promote equality and protect individual rights. 1b. Debrief Let’s look at why Detective Henson and Professor Joon think this story illustrates how the landmark case Miranda v. Arizona impacts those in custody and protects the integrity of the criminal justice system. CONVERSATION BETWEEN COWORKERS "Before Miranda rights, suspects often didn’t know they could refuse to answer questions. This led to coerced confessions. Now, suspects are aware they can remain silent, reducing the risk of false confessions. They just have to be aware of what they say, since even seemingly casual conversations or routine interactions with law enforcement after arrest can have significant implications for a case." "Imagine a suspect who can’t afford a lawyer. Thanks to Miranda rights, they must be informed that they have the right to an attorney, and if they can’t afford one, a public defender will be provided. This ensures fair legal representation for all, regardless of financial status." "With Miranda rights, any statements made without the suspect being informed of their rights can be excluded from trial. This helps ensure that evidence used in court is obtained fairly and legally, leading to more just outcomes." © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 105 "The Miranda warning has also become a part of popular culture, often seen in TV shows and movies. This widespread recognition helps educate the public about their rights, empowering individuals to protect themselves during police interactions." "The decision was controversial, with some critics arguing it gave criminals ways to avoid prosecution. However, as we saw in the case of the missing warning, Miranda v. Arizona helps protect individual rights and ensure fair treatment under the law."  SUMMARY In this lesson, you saw how the Rolling Hills PD explored Miranda v. Arizona. In the case of the coerced confession, you learned about the importance of Miranda warnings in protecting suspects’ rights and ensuring fair legal proceedings. In the debrief, you looked closer at the impact of Miranda warnings, like reducing coerced confessions, ensuring fair legal representation, excluding uninformed statements, and protection from abuse of power. Source: THIS TUTORIAL WAS AUTHORED BY SOPHIA LEARNING. PLEASE SEE OUR TERMS OF USE REFERENCES Miranda v. Arizona, 384 U.S. 436 (1966). supreme.justia.com/cases/federal/us/384/436/ National Constitution Center. (2024). Miranda v. Arizona.constitutioncenter.org/the-constitution/supreme-courtcase-library/miranda-v-arizona  TERMS TO KNOW Miranda Rights Ensures that individuals are aware of their Fifth Amendment rights against self-incrimination and their Sixth Amendment right to legal counsel. These rights include the right to remain silent, the right to an attorney, and the warning that anything said can be used against them in court. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 106 Miranda Warning A statement that police must give to suspects in custody before questioning them, which informs suspects of their rights under the U.S. Constitution. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 107 Terms to Know Attribution Error An individual's tendency to attribute another's actions to that person’s character or personality while attributing their own behavior to external situational factors outside of their control. Automobile Exception An exception that allows law enforcement officers to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. This exception is based on the idea that vehicles are mobile, and evidence could be moved or destroyed before a warrant can be obtained. Bill of Attainder A legislative act that declares a person or group guilty of a crime and imposes punishment without a judicial trial, which is prohibited by the U.S. Constitution. Civil Wrong Wrongful act that causes harm or loss to an individual or entity, leading to legal liability, and is typically addressed through civil litigation. Criminal Wrong A behavior, or behaviors, that harm society as a whole rather than one individual or entity specifically. Critical Victimology A theory that draws attention to the social processes which victimize some people and not others. Cybercrime An illegal act committed using a communication device. Domestic Terrorism A use or threat of violence by individuals or groups within a country to intimidate or coerce a civilian population or influence government policy for political, religious, or ideological objectives. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 108 Double Jeopardy A constitutional protection under the Fifth Amendment that prohibits a person from being tried twice for the same offense after either an acquittal or a conviction. Due Process A requirement that legal matters be resolved according to established rules and principles and that individuals be treated fairly. Dysfunctions of Law The potential for the law to harm society rather than achieve its purposes of social control, dispute resolution, and social change. Eighth Amendment An amendment to the Constitution that provides protections for individuals involved in the criminal justice system, particularly concerning punishment, and prohibits the government from imposing excessive bail, excessive fines, or inflicting cruel and unusual punishment. Establishment Clause A provision that provides a wall of separation between church and state and prevents local, state, and federal governments from enacting any law that establishes an official church or favoring one religion over another. Ex Post Facto Law A law that retroactively alters the legal consequences of actions, either by criminalizing previously lawful behavior or increasing penalties for existing crimes, which the U.S. Constitution prohibits. Federal Emergency Management Agency (FEMA) An agency that supports citizens and emergency personnel to build, sustain, and improve the nation's capability to prepare for, protect against, respond to, recover from, and mitigate all hazards. Fifth Amendment An amendment to the Constitution that aims to preserve criminal defendants against unwarranted, overzealous, or illegal prosecution by the government and offers protection against self-incrimination. First Amendment © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 109 An amendment to the Constitution which provides protections that place limits on the power of government to criminalize speech, religious practices, and the ability to assemble and demonstrate peacefully. Fourteenth Amendment An amendment to the Constitution that mandates that states do not deny their citizens’ due process of law. Fourth Amendment An amendment to the Constitution which limits the government’s ability to engage in searches and seizures. Free Exercise Clause A provision that protects people’s rights to act on their beliefs. Hate Crime A crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group. Ideal Victim A person or group who is most likely to be given the status of a victim when they experience a crime. Introduced by Christie in 1986, who described the ideal victim as someone who is vulnerable, blameless, and respectable, and is often elderly or very young. Individual’s Consent A consent that occurs when a person voluntarily agrees to allow law enforcement to conduct a search without a warrant. The consent must be given freely and not coerced, and the individual must have the authority to consent to the search of the area or items in question. Injunctive Relief A court-ordered remedy that requires a party to either do or refrain from doing a specific act, often used to prevent harm or enforce legal rights. International Terrorism A use or threat of violence by individuals or groups that cross national borders to intimidate or coerce a civilian population or influence government policy for political, religious, or ideological objectives. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 110 Intersectionality A framework that examines how race, class, gender, sexuality, and ethnicity layer on each other to multiply the effects of victimization or criminalization. Law Rules designed to control citizens’ behaviors, backed by the power of the state. Lifestyle Theories A group of criminological theories that focus on how peoples’ activities and behaviors contribute to their likelihood of being victimized. Marginalized A person or group having limited social or political status; relegated to an unimportant or powerless position within a society or group. Miranda Rights Ensures that individuals are aware of their Fifth Amendment rights against self-incrimination and their Sixth Amendment right to legal counsel. These rights include the right to remain silent, the right to an attorney, and the warning that anything said can be used against them in court. Miranda Warning A statement that police must give to suspects in custody before questioning them, which informs suspects of their rights under the U.S. Constitution. Moral Wrong An action or behavior considered unethical or immoral based on societal, cultural, or personal standards. Penumbra An implied right derived from the explicit guarantees in the Bill of Rights, such as the right to privacy, which is not directly mentioned but is inferred from several amendments. Phishing A fraudulent practice of sending emails or other messages purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 111 Plain View Doctrine A doctrine that permits officers to seize evidence without a warrant if it is clearly visible. For this to apply, the officer must be lawfully present at the location where the evidence is in plain view, and it must be immediately apparent that the items are evidence of a crime or contraband. Plaintiff A party who brings a legal action or in whose name it is brought. Post-Traumatic Change (PTC) A psychological and emotional transformation that individuals may undergo after experiencing a traumatic event or series of events. Post-Traumatic Growth (PTG) A positive psychological change experienced because of struggling with highly challenging, highly stressful life circumstances. Preponderance of the Evidence A standard of proof in civil cases, requiring that the evidence shows it is more likely than not that the claim is true. Probable Cause A legal standard that requires a reasonable basis for believing that a crime has been committed and that the person, place, or items involved are connected to the crime, justifying law enforcement actions such as searches, arrests, or obtaining warrants. Procedural Law A set of rules and processes that govern how legal cases are conducted in courts, including the methods for enforcing rights and obligations in both civil and criminal matters. Prosecute To file charges against or start legal proceedings against a person or organization. Recidivism The tendency of a convicted criminal to reoffend. Resilience © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 112 The ability to cope mentally and emotionally with a crisis, or to return to pre-crisis status quickly. Revictimization The process of victimizing someone again, often through the criminal justice system. Routine Activity Theory A criminological theory predicting how changes in social and economic conditions influence crime and victimization. Search Incident to a Lawful Arrest (SILA) A legal principle that allows police to search a person who has been arrested without a warrant. SILA searches are typically limited to the arrestee's person and the immediate area around them. Second Amendment An amendment to the Constitution that places substantive limits on laws regulating firearms. Sixth Amendment An amendment to the Constitution which guarantees the right to a speedy trial, the right to a public trial, the right to a jury trial, the right to have his or her trial in the district where the crime took place, the right to be told what charges have been filed, the right to confront witnesses at trial, the right to compel witnesses to testify at trial, and the right to assistance of counsel. Substantive Law A law that defines the legal rights and duties of individuals and entities, including laws that govern behavior and determine the legal consequences of actions. Survivor A person who survives, especially a person remaining alive after an event in which others have died. Terrorism The unlawful use of violence and intimidation, especially against civilians, in the pursuit of political gains. Tort © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 113 A wrongful act or infringement of a person's rights, other than a breach of contract, that results in legal liability for the harm caused. Trauma- and Violence-Informed Care Policies and practices that recognize the connections between violence, trauma, negative health outcomes, and behaviors. Treason An act of betraying one's country by engaging in actions such as waging war against it or aiding its enemies. Victim A person harmed, injured, or killed as a result of a crime, accident, or other event or action. Victim Advocate An individual that is trained to support victims of crimes. Victim Blaming The act of holding a survivor of a crime entirely or partially at fault for the harm that befell them as the result of the crime. Victim Compensation Program A program that offers reimbursement to crime victims for a variety of crime-related expenses, such as medical costs, mental health counseling, or lost wages. Victim Impact Statement A written or oral statement made as part of the legal process, allowing crime victims to speak during the sentencing of the convicted person or at subsequent parole hearings. Victim Precipitation A situation in which the survivor was the initial aggressor in the actions that led to their harm or loss. Victimization An action of singling someone out for cruel or unjust treatment. Victimology © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 114 Study of victims, including their roles, experiences, and interactions within the criminal justice system, as well as the social, psychological, and legal aspects of victimization. Writ of Habeas Corpus A legal order requiring that a person detained or imprisoned be brought before a court to determine whether their detention is lawful. © 2025 SOPHIA Learning, LLC. SOPHIA is a registered trademark of SOPHIA Learning, LLC. Page 115