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ADMJ2 - Intro to ADMJ - Chapter 2

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Criminal Justice

Criminal Justice

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  • Video: Note the extent to which data is used to support arguments in this video
  • 6
  • Lecture Notes

    Traditional UCR
    Consist of aggregate crime counts
    Records one offense per incident, as determined by the hierarchy rule, which suppresses counts of lesser offenses in multiple-offense incidents
    Does not distinguish between attempted and completed crimes
    Records rape of females only
    Collects assaults information in five categories
    Collects weapon information for murder, robbery, and aggravated assault
    Provides counts on arrests for the eight major crimes and 21 other offenses

    Enhanced UCR/NIBRS
    Consists of individual incident records for the eight major crimes and 38 other offenses, with details on offense, victim, offender, and property involved
    Records each offense occurring in an incident
    Distinguishes between attempted and completed crimes
    Records rape of males and females
    Restructures definition of assault
    Collects weapon information for all violent offenses
    Provides details on arrests for the eight major crimes and 49 other offenses
    UCR/NIBRS in transition as FBI integrates more NIBRS-based data into its summaries
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  • Better data collection includes both more accurate reporting by police and easier reporting for victims
    1991-2009 – Get tough on crime creates stiffer sentences
    2010-Present Third Way report titled The Impending Crime Wave
    1. “The reentry explosion” 2. The lengthening shadow of illegal immigration“ 3. “The sprawling parentless neighborhood of the Internet” 4. “The surging youth population”


    Excerpt: It now seems a distant memory, but the issue of crime once dominated the national debate. Cities burned in the 1970s, the drug wars raged in the 1980s, and political leaders vowed to return “law and order” to the streets. Then, in the 1990s, all of that began to change. Leaders at every level, including the federal government, mounted a huge and often stunningly successful attack on crime, and the crime rate began to fall.
    But now, four new and dangerous sociological trends are converging to disturb
    the peace and are threatening a crisis in crime, if not addressed. And, although
    Americans are reawakening to the issue of crime, the once strong federal tide of
    investment and commitment to fighting local crime is now at a dangerously low
    level
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  • Transcript

    • 1. © 2012 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved1 Introduction to Administration of Justice Chapter 2 The Crime Picture Scott Moller, JD
    • 2. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 2.1 2.2 2.3 2.4 Compare and contrast the UCR/NIBRS and the NCVS data collection and reporting programs. Describe the National Crime Victimization Survey Program (NCVS), including its purpose, history, and what it tells us about crime in the US today. Describe the FBI’s Uniform Crime Reports/National Incident Based Reporting System (UCR/NIBRS) Program, including its purpose, history, and what it tells us about crime in the US today. Describe how the special categories of crime discussed in this chapter are significant today. CHAPTER OBJECTIVES
    • 3. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved Why is Crime Data Important? Crime data is used to: • Design new crime control initiatives • Develop funding requests • Plan new laws – e.g., 3 strikes law • Argue/shape policy – video (8:08) Getting accurate data is difficult: • Social events like crime are complex & difficult to quantify • Including/excluding crimes reflects bias, focus
    • 4. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1. FBI Uniform Crime Reporting System/National Incident- Based Reporting System (UCR/NIBRS) – produces annual overview of major crime, called “Crime in the United States” 2. Bureau of Justice Statistics produces National Crime Victimization Survey (NCVS), an annual survey of selected households Two National Crime Data Sources
    • 5. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.1 Describe the FBI’s UCR/NIBRS Program, including its purpose, history, and what it tells us about crime in the US today.
    • 6. Original UCR was started in 1930, provided the first crime index The FBI defined crimes, summed totals for 7 major crimes ("index offenses"), expressed as a rate: crimes per 100,000 people. 1. Murder 2. Forcible Rape 3. Robbery 4. Aggravated Assault 5. Burglary 6. Larceny-Theft 7. Motor Vehicle Theft 8. Arson was added in 1979, but some law enforcement agencies still aren’t reporting arsons like other crimes. Today, about 18,000 law enforcement agencies provide data, and each year, the FBI produces Crime in the United States – an annual overview of crime rates across the US. Uniform Crime Reports (UCR)2.1
    • 7. National Incident-Based Reporting System 7 • In 1989, FBI began accepting NIBRS data • A significant redesign of the original UCR Program • Attempt to enhance the quantity, quality, and timeliness of crime-data collection by law enforcement • Incident-driven, not summary-based • Gathers details about each criminal incident – place of occurrence – weapon used – type and value of property damaged or stolen – personal characteristics of the offender and victim • Includes 22 general offenses • The NIBRS format still has not been fully adopted 2.1
    • 8. 8 Comparison: UCR vs. UCR/NIBRS2.1 Traditional UCR • Monthly crime counts • Counts one offense per incident; hierarchical • Attempts = completions • Collects weapon information for murder, robbery and aggravated assault • Collects assault info in 5 categories • Counts for 8 major crimes + 21 other offenses Enhanced UCR/NIBRS • Individual incident reports • Records each offense in an incident • Attempts distinguished • Collects weapon information for all violent offenses • Restructures definition of assault • Details for 8 major crimes + 49 other offenses
    • 9. Against Persons Against Property Criminal Homicide Rape Assault Robbery Burglary Larceny Motor Vehicle Theft Arson The 8 Major Crimes “Index Offenses”2.1 9 Against Public Order
    • 10. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 2.1 Fig. 2-1 The Criminal Justice Funnel Model The numbers here aren't significant; the general idea is that there is a winnowing process.
    • 11. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 1933 1941 1960 1980 1990 2009 770 508 1887 5950 5897 3466 3 Major Shifts in US Crime Since UCR Began (+ a 4th?) Crimes per 100,000 people 1933-41 – Drop (770 to 508) • Young men off to WWII 1960-1990 – Rise (1887 to 5950) • Baby boomers enter 20s • Social norms dissolving • More drug crime • Better data collection 1991-2009 – Drop (5897 to 3466) • War on Drugs • Get Tough On Crime; prison • Advances: DNA, real-time communications, Internet • Economic expansion • Victims’ rights movement • Aging population 2010-Present • More violent crime • Increased gang activity • Prisoners released • Third Way 4th Crime Wave US Historical Trends
    • 12. Murder Time Span Victims Event s Example Mass Together 4+ 1 McVeigh truck bomb, 168 victims in 1995 Serial Can be months, years apart 3+ 3+ Dahmer cannibalism, 17 victims from 1978-91 Spree Little to no break 2+ 2+ DC snipers, 13 victims over 3 2.1 Part I Offenses: Murder • UCR defines murder as the unlawful killing of one human by another, whether first degree (planned) or second degree (crime of passion) • Cases of non-negligent manslaughter are included • Suicides, justifiable homicides (self-defense), negligent homicides and attempts are excluded • Murder is usually precipitated by an argument and is most common: • in warmest months • in southern states • affecting victims age 20-24
    • 13. Part I Offenses: Rape 13 Forcible Rape – Forcible carnal knowledge (intercourse) against victim’s will – Until 2012, UCR definition only included women – This is the least-reported violent crime, with 1 of 4 reported – Most commonly occurs in summer months Sexual battery – Intentional, wrongful sexual contact without consent – Broader than rape, including non-intercourse, has included men Date Rape – Forced sexual intercourse that occurs within the context of a dating relationship – Most rapes are committed by acquaintances Changing Values – Rape within marriage – Rape of a male – 28 yr old teacher Tina Amato, with 15 year old student 2.1
    • 14. Part I Offenses: Robbery 14 Robbery – The unlawful taking or attempted taking of property in the immediate possession of another by force or violence and/or by putting the victim in fear (strong arm robbery) – Highway robbery occurs outdoors, commonly as a victim is walking in a public place – Purse-snatching and pick-pocketing are excluded – In 2010, individuals were the most common target of robbers – UCR/NIBRS Program scores a robbery as one robbery, even if multiple victims in one event – Primarily an urban offense – In 2010, most robbery arrestees were young (65% under age 25) male (88%) minorities (58%) 2.1 Flash Robbery video (2:00)
    • 15. Part I Offenses: Assault 15 Assault – Inflicting injury upon the person of another – Two types: simple (typically pushing/shoving) and aggravated/felonious (weapon used and/or medical treatment required) Aggravated Assault – Inflicting serious injury upon the person of another – Most frequent in the summer months – Most aggravated assaults are committed with blunt objects or objects near at hand – Assaulters often know their victims, resulting in a high clearance/arrest rate (56.4% in 2010) 2.1
    • 16. Part I Offenses: Burglary, Larceny 16 Burglary – The unlawful entry of a structure to commit a felony or a theft – UCR has 3 classifications: 1. Forcible entry (60.5% in 2010) 2. Non-forcible entry (33.2% in 2010) 3. Attempted forcible entry (6.3% in 2010) – Clearance rate (arrest rate) for burglary is low – Burglars usually do not know their victims – Most burglaries are of unoccupied homes during daylight hours Larceny-Theft – The unlawful taking/attempted taking of property from another – Most reported (major thefts) and most under-reported (minor) – ID Theft is a new kind of larceny, fueled by virtual identity 2.1
    • 17. Part I Offenses: Motor Vehicle Theft, Arson 17 Motor Vehicle Theft – Self-propelled vehicles that run on the ground and not on rails – Most insurance companies require police reports before they will reimburse car owners for their losses – Clearance rate in 2010 was 11.8% – In 2010, most motor vehicle theft arrestees were young (42% under 25) males (82.5%) – Carjacking – occupant is forced from the vehicle, which is then stolen Arson – Any willful or malicious burning, with or without intent to defraud, a dwelling, public building, motor vehicle, etc. – Added to UCR Part I offenses by act of Congress in 1979, but some law enforcement agencies still do not submit this data 2.1
    • 18. Part II Offenses: Arrest data only 18 • Other assaults (simple) • Forgery and counterfeiting • Fraud • Embezzlement • Stolen property: buying, receiving, possessing • Vandalism • Weapons: carrying, possessing, etc. • Prostitution and commercialized vice • Sex offenses (except forcible rape, prostitution, and commercialized vice) • Drug abuse violations • Gambling 2.1 • Offenses against the family and children • Driving under the influence • Liquor laws • Drunkenness • Disorderly conduct • Vagrancy • All other offenses • Suspicion • Curfew and loitering laws (persons under age 18) • Runaways (under age 18)
    • 19. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.2 Describe the National Crime Victimization Survey Program, including its purpose, history and what is tells us about crime in the United States today.
    • 20. National Crime Victimization Survey2.2 1972 – Bureau of Justice Statistics began conducting the NCVS, partially due to problems with the UCR. Based on victim reports, not police reports, seeking to count all crimes, including unreported NCVS hierarchical counting system counts only the most “serious” incident in a series of against the same victim. Includes attempts Detailed questions: • Victim characteristics • Extent of injury or loss • Relationship to offender • Was this crime reported? Video (1:35)
    • 21. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.3 Compare and contrast the UCR and the NCVS data collection and reporting programs.
    • 22. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 2.3 Comparison of UCR/NIBRS and NCVS Data
    • 23. 23 UCR/NIBRS and NCVS Issues2.3 UCR/NIBRS NCVS The Belief That the Police Can't Do Anything Fear of Reprisal Embarrassment/Fear About the Crime Itself False or Exaggerated Reports – no attempt to validate Unintentional Inaccuracies • Memory Problems • Non-professional witness Forgotten Crimes
    • 24. Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.4 Describe how the special typologies categories of crime discussed in this chapter are significant today. Crime Typology – A classification of crimes along a particular dimension
    • 25. Crimes Against Women 25 Aside from rape, men are more often crime victims, but women are more often injured when they are victims, and more often face certain crimes including: date rape, incest, domestic abuse, stalking, prostitution and exploitation. Women tend to modify their lifestyles to avoid crime, being careful about where/when they travel alone 2.4 Violence against Women Act (VAWA) 1994, 2000, 2005, 2013 – provides money to: – Educate police, prosecutors, and judges about special needs of female victims, e.g., Strangulation Study PDF – Encourage pro-arrest policies for domestic abuse – Provide specialized services for female victims – Fund battered women’s shelters – Support rape education – Extend rape shield to civil cases, all criminal cases
    • 26. Crimes Against the Elderly 26 • Criminal victimization seems to decline with age. • In general, elderly crime victims are more likely than younger victims to: – Be victims of property crime – Face offenders who are armed with guns – Be victimized by strangers – Be victimized in or near their homes during daylight hours – Report their victimization to the police – Be physically injured 2.4
    • 27. Hate Crime 27 Hate Crime – Crime motivated by offender’s bias against the race, religion, disability, sexual orientation, or ethnicity/national origin of his/her victim • Most hate crimes consist of intimidation. They may also involve vandalism, harassment, and physical violence. • Sikh professor attacked in New York: video (11:53) • Interesting critique of hate crimes: video (6:23) • US soldier stands up for muslim clerk: video (1:59) 2.4
    • 28. Corporate and White-Collar Crime 28 • Identification doctrine – Corporations treated as separate legal entities – Can be convicted of violations of criminal law • Corporate crime – A violation of criminal statute by a corporate entity or by its executives, employees, or agents for the benefit of the corporation • White-Collar Crime – Violations of criminal law committed by persons of respectability in the course of their occupation 2.4
    • 29. Organized Crime 29 Organized Crime – The unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods or services 2.4 Transnational Organized Crime Unlawful activity undertaken and supported by organized criminal groups operating across national boundaries
    • 30. Gun Crime2.4 Guns are deeply ingrained in American culture. The Second Amendment grants Americans the right to bear arms 1981 – James Brady wounded in an attempt on Pres. Reagan’s life 1994 – Brady Handgun Violence Prevention Act, established background checks and mandated a 5-day waiting period to buy a handgun 1994 – Violent Crime Control and Law Enforcement Act assault weapons ban 1996 – Domestic Violence Offender Gun Ban prohibited those convicted of misdemeanor domestic violence from owning or using firearms 2005 – Protection of Lawful Commerce in Firearms Act granted immunity to gun makers and dealers for civil suits from shooting victims; also from product liability suits for making dangerous items 2008 – DC v. Heller – US Supreme Court struck down DC ordinance requiring disassembly and trigger locks, held self-defense falls within Second Amendment right to bear arms 2010 – McDonald v. City of Chicago – US Supreme Court held right to bear arms is a fundamental constitutional right
    • 31. Drug Crime 31 • White House Office of National Drug Control Policy (ONDCP) estimates annual illicit drug sales in the United States of around $65 billion • Since 1975, US drug crimes have continued to increase, even while violent crime and property crime rates were dropping. • US drug arrests have exceeded the annual number of arrests for any other crime, including DUI, and drug convictions have accounted for a significant part of US prison population increases • Drug offenders often commit additional crimes. An early RAND Corporation study found that most "violent predators" in prison have extensive histories of heroin abuse, and more recent studies have found that crack cocaine profoundly affects violent crime. 2.4
    • 32. High-Technology and Computer Crime 32 • Computer Crime – Any crime perpetuated through the use of computer technology – Theft of services – Communications in furtherance of criminal conspiracies – Information piracy and forgery – Dissemination of offensive materials – Electronic money laundering – Electronic vandalism and terrorism – Telemarketing fraud – Illegal interception of telecommunications – Electronic funds transfer fraud 2.4
    • 33. High-Technology and Computer Crime 33 • Computer Virus – Computer program designed to secretly invade systems and may effectively vandalize computers of all types and sizes • Malware – Malicious computer programs such as viruses, worms, and Trojan horses • Spam – Unsolicited commercial bulk e-mail whose primary purpose is the advertisement or promotion of a commercial product or service • Phishing – Seeking private information through deceit MGM v. Grokster (2005) – US Supreme Court held that online file-sharing service liabile for facilitating copyright violations 2.4
    • 34. Types of Terrorism2.4 Domestic Terrorism International Terrorism Cyber- terrorism 34 A violent act or an act dangerous to human life in violation of the criminal laws of the US or of any state, committed to intimidate or coerce a government, the civilian population, or any segment thereof in furtherance of political or social objectives 1. Domestic – within the US 2. International – transcends national boundaries 3. Foreign – acts occurring outside the US Video: Terrorism is a Failed Brand (19:02)
    • 35. © 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved 2.1 2.2 2.3 2.4 Both the UCR/NIBRS and the NCVS contain only data that their creators think appropriate. The NCVS is based on victims’ self-reporting, shows that crimes of all types are more prevalent than the UCR indicates. The FBI’s UCR/NIBRS began in the 1930s and provides data on part I and Part II offenses, as well as data on arrests. Special categories of crime include crime against women, crime against the elderly, hate crime, corporate/white-collar crime, organized crime, gun crime, drug crime, high-technology/computer crime, and terrorism. CHAPTER SUMMARY

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