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11/16/2015
1
American Policing and Court
Systems
-Slides and data in this outline are from Siegel
(2015); Adler, Mueller, and Laufer (2007); and
modified by Manning (2007, & 2015).
The Criminal Justice System overview
• The Process of Justice
– From initial contact, through post-release
• Crime committed - investigation
• Police make arrest based on probable cause
• Booking (custody) fingerprinting and investigation
• Grand jury hands down its indictment
• Arraignment: formal charges & rights read to defendant
• Bail or detention
• Plea bargaining
• Trial process/adjudication
• Sentencing/disposition
• Appeals
• Correctional treatment
• Release
• Post release/aftercare. if early release on parole.
England’s Policing History
• 1829, Sir Robert Peels created the
Metropolitan Constabulary in London.
– So successful all counties were required to have
them by 1856.
– Police officers must have a perfect command of
temper.
– Critics said these agencies were created to control
the poor.
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2
American Policing History
• Colonial America
– Used system like England's
• America’s first uniformed police
– Boston in 1838 and New York in 1844
• Progressive Era – lead by T. Roosevelt
– 1895—tried to reform police by removing them from
politics.
• Today more than 20,000 separate agencies in US
– 708,022 sworn officers
Federal Law Enforcement
• First Federal police force 1790
– US Coast Guard.
• Federal Bureau of Investigation
– Investigate domestic terrorism, white collar crime,
organized crime, public corruption.
– Named FBI in 1935 under J. Edger Hoover
– Chief investigative branch of Depart of Justice.
• Captured Baby Face Nelson, Pretty Boy Floyd.
– Image tarnished
• 1960s wire tapping, opening mail
• 1993 handling of WACO TX Branch Davidians.
Federal Policing cont’d
• Drug Enforcement Administration DEA
• Immigration and Naturalization Service
– INS largest group of federal police.
– Now called ICE:
• US Immigration and Customs Enforcement
• United States Marshall Service
– Witness protection, federal court security
• Treasury Department: Secret Service
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3
Department of
Homeland Security
• Five divisions created after 911:
– Border and Transportation Security
– Emergency Preparedness & Response
• Make sure were prepared and able to recover from
terrorism
– Science and Technology
– Information Analysis and Infrastructure
– Management
State, County and Municipal Law
Enforcement
• State Police
– 1st was Texas Ranger 1835
– Today only Hawaii without state police
• Highway Patrol
• County Police (Sheriff’s Department)
– Tax assessment & collection, court duty, run jails,
serve court orders, oversee public buildings, highways,
bridges and parks.
• City Police
– 24 hour service not the norm in small town
– New York City has over 72,000 officers operating at a
cost of about $2.5 trillion
Special Purpose Policing
and Private Police
• Special Purpose Police
– Transit Police
– Public Housing Police
– Airport Police
– Public School and College Police
– Park Police
• In past considered inferior now highly recruited & trained.
• Private Police Are there any ethical issues?
– Guard and Patrol Services
– Private Investigators
– Alarm Companies and Computer Security Systems
– Armored-car and Courier Services
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City Police Functions
• Line Functions
– Patrol Division -1st on crime scene
• Maintain order, block off crime scene, interview
• Visual presence deters crime
– Investigation Division
• Detectives hold more prestigious positions
– Specialized Unites – mostly larger cities
• Traffic Units –investigate accidents, meter maids
• Vice Squad –enforce gambling laws, drug, prostitution
• Undercover agents often work with informants.
• Issue of Entrapment
• Non-Line Functions – Support
– Planning, research, admin. & training, budgeting, purchasing,
public relations, inspections,
– Support line functions with high tech services.
– All police have some training (3-16 weeks)
Police Functions
• Law Enforcement
– Control crime. In past police were evaluated by the number
of felony arrest
made.
– Past effectiveness meant depersonalized one officer patrol
cars and rotation of
beats.
– But 1960s taught us that police must do more than enforce
laws.
• Order Maintenance
– Today—peacekeeping and conflict management
– Greater discretion in deciding if a crime was committed
• Community Service
– Respond to social problems and emergencies
– Police aid gunshot/knife wounds, diabetic reactions, teen
runaways
Civil Right issues and the Rule of Law
• Constitutional Due Process (14th Amendment)
– Protection against unreasonable search & seizures.
– Protection against self-incrimination
– The right to counsel
• Use of Deadly Force & Police Brutality
– Before Tennessee v. Garner the law had always been that
police could shoot to
kill anyone fleeing a felony—even unarmed
– Today, force can only be used when necessary to prevent
escape of suspect
believed to be a significant threat.
– While physical force maybe needed. Police brutality is no
longer tolerated in
America.
• Abuse of Discretion
– Officially regulated but police have considerable autonomy.
• Corruption
– Meat eaters: police who solicit bribes or cooperate
w/criminals for gain.
– Grass eaters: police who accept payoffs for services or
looking the other way.
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Police Officer Life and Subculture
• Qualifications
– Today new recruits must be in good shape.
– With no criminal record, and at least have high school
diploma.
• Minority Groups In Policing
– Civil Rights lead to increased police diversity
– Women first obtained patrol officer status in 1960s.
– Are women police officer fully accepted today?
• Subculture issues:
– High job related stress.
– Self isolation with other police and family.
– Characterized by chronic suspiciousness, authoritativeness,
and
cynicism.
– High risk of marital problems, physical ailments, alcoholism,
issues
with children, and drug abuse.
America’s Dual Court System
State Supreme Court
State Appellate Court
State Trial Court
-Limited Jurisdiction - minor
-General Jurisdiction - major
U.S. Supreme Court
-how many justices?
U.S. Circuit Courts
of Appeals (13)
U.S. District Court (94)
State System Federal System
Federal Magistrates
-minor fed offences
-issue warrants
Terminology
I want to appeal
• Writ of certiorari – an order issued by a higher
court directing a lower court to send to it the
records of a case.
• Habeas corpus – a request to produce the
prisoner before the reviewing judge and to
explain by what lawful authority the prisoner
is being detained.
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Roles People Fill
• Prosecutor – DA works for the state
– Collection agent dispenser of justice
– Political enforcer and overseer of police
• Defense – works for defendant
• Judges deals with matter of law
– Jurist instructed to focus on matters of fact
• Grand Jury
– Decide if case will go to trail or not
• Arraignment
– Grand jury hands down its indictment
– Defendant pleads
– Plea Bargen opportunity – has pros and cons
Jury Selection and Trial Proceedings
• Voir dire: the process by which lawyers and the judge examine
a
prospective juror to determine his or her acceptability.
• Peremptory challenge: objections to potential jurors for which
no
explanation is required.
• Challenges for cause: objections to potential jurors for which
a
reason is given.
• Proceedings of People v. John Doe
1. Opening statement of the prosecutor
2. Opening statement of the defense (may be waived until the
defense’s case in chief)
3. Prosecutor’s case in chief
4. Motions
5. Defense’s case in chief
6. Motions
7. Closing argument of the prosecutor
8. Closing argument of the defense
Sentencing Hearing
– Death penalty – 36 states
– Incarceration
– Probation
– Restitution
– Community Service
– Fine combo or split sentencing
• Punishment Philosophies
– Incapacitation – protect society from offender
– Deterrence (general and/or specific)
– Retribution - eye for an eye
– Rehabilitation – early to mid 1970s
– Just Deserts – back to eye for an eye
– Restorative Justice
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Exploring the Death Penalty
• First—Daniel Franks in 1622, VA
• Six Forms – in USA
– Firing Squad, Lethal Gas, Hanging, Decapitation,
Electrocution, Lethal Injection
– Which is the only form never used in US?
• Deterrence Argument
• Discrimination Argument
• Cost Benefit Argument
• Global Trends
11/3/2017
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Chapter 13: Public Order Crimes
-Slides and data in this outline are from Adler, Mueller, and
Laufer (2007, 2013 &
2018); Siegel (2015); and modified by Manning (2007, 2013,
2015 & 2018).
Drug abuse and crime
Alcohol and crime
Sexual morality offenses
Law and Morality
• Public Order Crimes
• Behavior that is outlawed because it threatens the general
well-being of
society and challenges its accepted moral principles.
• Sometimes referred to as victimless crimes.
• Drug and alcohol use, prostitution, pornography and even
gambling.
• Censorship of those freely choosing to engage maybe a
violation of free
speech.
• Which may lead to dissent
• Moral Crusaders say it doesn’t diminish freedom of opinion.
Law and Morality
• Criminal or Immoral?
• Social harm
• Immoral acts can be distinguished from crimes on the basis of
the injury they cause:
• Acts that cause harm or injury are outlawed and punished as
crimes.
• Acts, even those that are vulgar, offensive, and depraved are
not outlawed or punished if they
harm no one.
• 500,000 US deaths per year due to alcohol and tobacco
• Immoral yet legal and regulated by our government.
• Marijuana is nonfatal and sold for medical purposes
• Should laws be applied to shape social morality?
• What about polygamy, or minors and marriage?
• Why is prostitution illegal?
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Substance Abuse: when did it begin?
• Egypt – use of opium
• Religion 3,500 BC; Painkiller 1,600 AD
• USE – Use begins for medical purposes
• Opium (Morphine and Codeine)
• Used to treat a wide variety of illness
• Civil War morphine = Soldiers disease
• 1860s cocaine to unblock sinues.
• Alcohol and its prohibition
• January 16, 1920, the 18th Amendment prohibited the
manufacture, sale and
transportation of alcoholic beverages.
• Women’s Christian Temperance Union
• American Anti-Saloon League (Carrie Nation).
• December 5, 1933, the 21st Amendment to the Constitution
repealed 18th.
Stats on drug abuse
• Extent of substance abuse
• Alcohol abuse in USA national high school studies:
approximately 52%
• Binge drinking – 5x once per month 23%
• Heavy drinking – 5 per night 5 x per month 6%
• NHS surveys show:
• Drug abuse declined between 1970-1990
• Increased until 1996
• 2007 till now marijuana rose to an all time high
• Major issues: K2 and spice is synthetic marijuana (not plant
based)
• Overall drug used peaked in 1970s, decreased till 1990s and
now steady.
• Exceptions: Marijuana and Heroin (US epidemic) has
increased since 2011
Drug abuse linked to crime
• Substance abuse appears to be heavily linked to crime.
• Adolescents who use illegal drugs engage in more fights and
theft.
• 40% incarcerated adults for violence crimes used alcohol
before arrest.
• Alcohol reduces restraint on aggression
• Alcohol reduces awareness of consequences
• Drunk driving
• There are different kinds of drug users but not all commit
crimes.
• There are differences in criminality among drug users.
• Sometimes drug use leads to crime.
• Sometimes crime is needed to finance drug addiction
• Sometimes drugs are need to commit crime
• Sometimes drug use and crime coincide
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Criminality and global issues of drug addiction
• Money laundering: concealing illegally obtained money
• Catastrophic political impact on drug producing countries.
• High incidence of corruption and crime
• Government instability and coups
• Alliance of drug dealers with terrorist groups.
Legislative Acts Regulating Drug Use in the US
• Pure Food and Drug Act (1906)
• List habit forming drugs on labels. Prohibited opiates.
• Harrison Narcotics Act (1914)
• Prohibit import, manufacture, and sale of narcotics.
• Marijuana Tax Act (1937)
• Registration and tax of $100 for one once.
• Comprehensive Drug Abuse Prevention and Control Act
(1970)
• Set up unified categories of drugs.
• Set specific punishments for sales, manufacture and
possession.
• Anti-Drug Abuse Act (1986) - increased penalties
• 10 years for trafficking kilo of heroin (one year for simple
possession)
• Title 21 of US Code updated Amendments passed since 1970
• Anti-Drug Abuse Act (1988)
• Bush 1st admin added death penalty for drug related killings.
Drug Control Strategies
• Treatment approach through:
• Self-help groups and psychotherapy (AA and NA)
• Detoxification
• Community social action efforts
• Residential therapeutic communities
• In patient out patient therapy. Cost and requires self
motivation.
• Methadone maintenance programs.
• Education problems – DARE
• Drug Testing – at work and possible welfare qualifications
• Drug court.
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Legalization of Alcohol
• Ratification in 1971 of the twenty-sixth Amendment of the US
Constitution
lowered the minimum drinking age.
• Later raised it back to 21 state by state.
• Legalization of all drugs
• Some say it should create an epidemic of drug dependents.
• War on drugs cost more than $500 billion in past 20 years.
• More people die each year from legal drugs than illegal.
• No commodity sales are more lucrative than drugs.
• Historically people have always used drugs. - adult choice.
• Prohibition of alcohol increased crime.
• legalized government control and regulation.
• Cheaper = less crime to pay for habit
• No need for drug cartels decreasing violence.
• Gov. would rap large tax profits.
• Netherland did it and still relatively crime free.
Deviant sexual Intercourse/paraphilias
• Outlaws paraphilias or deviant sex acts.
• Frotteurism – rubbing or touching non consenter
• Voyeurism
• Exhibitionism
• Sodomy (past)
• 2003 Lawrence v Texas made sodomy legal
• Pedophilia
• Form of deviant sex acts that most concern the general public
• Statutory Rape –Debra Lafave
Prostitution Hierarchy
• Types of Prostitutes
• Streetwalkers – lowest paid in plain sight
• Bar girls –B girls % of drinks waiting for pickup
• Circuit travelers – few girls service labor camp
• Cyber prostitutes – meet online “adult friend finder”
• Brothel prostitutes – cathouse. Bunny ranch
• Madam vs pimp.
• Pos: safety, no minors, adult choice $300-1,500 per night
• Call girls – highest paid Aristocrats of prostitution
• Escort services/call houses
• Client calls madam (123 listing in NY city yellow pages)
Gov. Eliot Spitzer
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Prostitution
• Becoming a Prostitute
• Dangers of sex work
• Beaten, robbed and rapped by pimp or client
• Abused youth maybe lured into trade, lack father figure
• Older women – need money for survival or drugs.
• Controlling Prostitution
• Brothels were regulated before WWI in US
• Moral crusaders painted pimps as immigrants luring American
girls into trade.
• Mann Act (1925) - $5,000 fine up to five years prison
• Prohibit transport of women into country and across state
lines.
• Today prostitution is a misdemeanor and is punishable by a
fine or short jail
sentence.
Prostitution
• Legalize Prostitution?
• Free choice – legal makes safer environment
• $300-1,500 per night
• Sexual equality – seen as gender exploitation
• Abuse –brothels worker may still be abused
• Harassed, exploited and raped by security and madam
• 40% of earnings.
• Long-lasting victimization
• May have life of social stigma leading to drug abuse
• If you really want to stop prostitution
• Focus on criminalizing the johns.
• Prostitutes should be seen as victims not jailed & fined
Pornography
• Pornography - legal
• Sexually explicit books, magazines, films, and DVDs intended
to provide sexual
titillation and excitement for paying customers.
• Obscenity – illegal
• Material that violates community standards of morality or
decency and has
no redeeming social value.
• If it is deemed harmful to people or society its illegal
• Who decides what is obscene?
• What is obscene shifts across time between states
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Pornography
• Is pornography harmful?
• Does pornography cause violence?
• Some studies say it reduces violence by satisfying impulses
• 1984 study show increased exposure leads to decreased
arousal and aggression.
• Some argue porn leads to sexist unhealthy ideas.
• Attorney General’s Commission on Pornography (1986)
• Leads to acceptance of rape myths and violence against
women.
• Diana Russell argues hatred of women is common theme in
porn (violence, rape,
aggression) (Siegal, 2015).
Pornography and the law
• Miller v. California (1973) its obscene when:
• The average person, applying contemporary community
standards, would find
that the work, taken as a whole, appeals to the prurient (lewd)
interests.
• The work depicts or describes, in a patently offensive way,
sexual conduct
specifically defined by the applicable state law.
• The work, taken as a whole, lacks serious literary, artistic,
political, or
scientific value.
• Pope V. Illinois - later supreme court ruling
• Obscene if a reasonable person applying objective (national)
standards would find the
material to lack any social value.
Internet, Technology and Pornography
• Communications Decency Act (1996)
• Felony to:
• Knowingly use telecommunications devices to send and
indecent communication to a
child.
• Use a computer to display indecent material in a manner
accessible to a child.
• Violations punishable by up to two years imprisonment and
fine of $250,000
• Legislation on pornography varies around the world making it
easier to be
sent across borders.
• Distinction between eroticism and child pornography.
• Child Pornography - issues with tech. and kids sexting
• Illegal to possess and or distribute even virtual images of
children
12/28/2021
1
Chapter 12:
-Slides and data in this outline are from Adler, Mueller, and
Laufer (2007, 2013,
2018, & 2022); Siegel (2015); and modified by Manning (2007,
2013, 2015, 2018,
& 2022).
White Collar and Corporate Crime.
White Collar Crime defined
• Edwin H. Sutherland, 1940 defines White Collar Crime:
• Crime “committed by a person of respectability and high
social status in the
course of his occupation”.
• Not Corporation inclusive!
• A violation of the law committed by a person or group of
persons in the
course of an otherwise respected and legitimate occupation or
business.
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White Collar Crime Laws and policies
• Sarbanes-Oxley Act of 2002
• Adopts provisions to deter and punish corporate and
accounting fraud and
corruption.
• Dodd-Frank Wall Street Reform and Consumer Protection Act
2010.
• Consolidates regulatory agencies
• Created an oversight council to evaluate systematic risk
• Enacted comprehensive regulation of financial markets.
• Increased transparency of derivatives
• Passed consumer protection reforms
• Gave authority to wind down bankrupt firms
• Increased the effect of international standards and cooperation
Occupational Crimes
• Committed by individuals for themselves in the course of
rendering a
service.
• Medicare fraud, misuse of clients’ funds by lawyers and
brokers, and
substitution of inferior goods.
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Types of White Collar Crimes
• Securities-related crimes
• Churning: practice of trading a client’s shares of stock
frequently in order to generate
large commissions.
• Ponzi schemes: Broker takes client funds with promise of high
return.
• hides funds in various banks Create fake investment charts
• Works until more want out then new investors can support.
• Bernard Madoff 65 billion, June 29, 2009 150 years in prison
• Insider Trading: Use of material, nonpublic financial
information to obtain an unfair
advantage in trading securities.
• Stock manipulation: Trading stocks at low prices and making
misleading statements
to clients.
• Some stocks are traded at very low prices.
• Which creates an artificial demand for the stocks.
• Boiler rooms: operations run by stock manipulators.
• Who manipulate uninformed individuals into buying stocks in
obscure and poorly financed
corporations.
Types of White Collar Crimes continued
• Bankruptcy Fraud: Scams designed to take advantage of
loopholes in the
bankruptcy laws.
• EX: Old company scam where employee bilks system for
assets then files chapter 11.
10% of all bankruptcy claims include fraud. 2/3rds involve
hidden assets.
• Fraud against government
• Collusion in bidding
• Payoffs and kickbacks to government officials
• Expenditures by a government official that exceed the budget
• Filing false claims
• Inflate cost to hide waste or corruption
• Hiring of friends or associates formerly employed by the
government.
• Dick Chainy ties to Halliburton and a closed bid contract to
rebuild Iraq.
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Types of White Collar Crimes cont’d
• Consumer Fraud
• Act of causing a consumer to surrender money through deceit
or a
misrepresentation of a material fact.
• Forms
• Home improvement fraud
• Deceptive advertising – bait n switch
• Land Fraud
• Business opportunity fraud
• Insurance Fraud
• Policyholders defraud insurers
• Insurers defraud the public
• Management defrauds
• Third parties defraud insurers (car repair shops)
Types of White Collar Crimes cont’d
• Tax Fraud
• Willful failure to file a tax return by keeping two sets of
books, shifting funds,
and faking forms. Misdemeanor vs. felony
• Bribery, corruption, and political fraud
• Used to gain favors, special privileges, services and business -
felony
• Insider-related fraud
• Use and misuse of one’s position for monetary gain or
privilege.
• Embezzlement: conversion of property or money with which
one is entrusted or for
which one has a fiduciary responsibility (misappropriation of
money or property)
• Employee-related thefts (fictitious overtime claims)
• Sale of confidential information and trade secrets
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Corporate Crime
• Crimes committed by one or more employees of a corporation
that
are attributed to the organization itself
• Phases
• Concerns with importance and meaning of corporate
personhood
• Rise and immediate fall of vicarious liability
• Strategic risk-shifting by employers and employees
• New era of regulatory law
• Post-guidelines partnership
• Selective use of existing law
• Corporate violence: Hawk’s Next West Virginia example
• Ford Pintos, and Dalcon Shield stories
Models of Corporate Culpability
• Proactive Corporate Fault (PCF)
• Assumes blame where reasonable steps were not taken to
prevent an offense
• Reactive Corporate Fault (RCF)
• Considers the corporate reaction to the discovery of an offense
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Models of corporate Culpability cont’d
• Corporate Ethos (CE)
• Culpability derives from corporate ethos, culture, or
personality
• Corporate Policy (CP)
• Corporate intentionall y is found in decision communicated
through policies.
• Constructive Corporate Culpability (CCC)
• Corporate fault is found in the reasonableness of judgment
• What would the average corporation have done?
Government Control of Corporations
• Sherman Antitrust Act (1890)
• Prohibited any contract, conspiracy, or combination of
business interests in restraint
of foreign or interstate trade.
• Difficult to regulate corporate conduct since corporate activity
has a low
level of visibility.
• Development of US Corporate Criminal Law
• Courts determined corporations have no soul - not criminally
liable.
• 1909 courts determined management could be held responsible
• As regulatory agencies and law grew in influence the focus
shifted from punishment
to achieving compliance.
• Corporation joined forces with government to rout-out
corporate crime
• Problem with sanction guidelines:
• For every sanction increase there is a reduction allowance
created for evidence of
organization due diligence.
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Environmental Crimes
types of Green Collar Crimes
• Worker safety/environmental crimes
• Over 20 million workers have been exposed to hazardous
material or worked
with unsafe equipment so corporations can max profit.
• Illegal Logging
• Taking trees from protected areas, going over quotas,
exporting without paying export
duties.
• Illegal Wildlife Exports – Florida Everglades overrun by
pythons.
• Tiger parts, ivory, rhino horns, for hunting trophies, fashion,
medicines or bush meat.
• Illegal Fishing – some species reduced by 99% since 1950.
shark fin soup.
Environmental Crimes
Types of Green Crime cont’d
• Illegal Dumping and Polluting
• Criminal environmental polluting is dumping substances
altering quality of waters
detrimental to human and animal use (fertilizers, herbicides, oil,
and animal and
livestock bacterial wastes).
• E-Waste (greed & planned obsolescence)
• Millions of tons of annual high tech electronic waste.
• USA most toxic old phones, tvs, computers and so on ends up
in landfills or is
incinerated.
• Often ends up in poor countries dumped near people and water
sources (Nigeria, Ghana,
China, Pakistan and India).
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Environmental Crime
Green Collar Crimes
• National Environmental policy Act (NEPA)
• Created the Environmental Protection Agency (EPA)
• Charged with enforcing federal statutes and assisting the
enforcement of
state laws enacted to protect the environment
• Environmental Laws
• Clean Water Act (1972)
• Clean Air Act (clear skies initiative)
• Emergency Planning and community Right to Know Act
(1986)
• Endangered Species Act (1973)
• Oil Pollution Act (1990)
12/28/2021
1
Chapter 11: Property Crimes
-Slides and data in this outline are from Adler, Mueller, and
Laufer (2007,
2013, 2018, & 2022); Siegel (2015); and modified by Manning
(2007,
2013, 2015, 2018, & 2022).
Crimes Against Property
Larceny
(Theft or Stealing)
• Larceny is the prototype of all property offences: purse
snatching, shop
lifting, art theft, and vehicle theft.
• Larceny The most prevalent crime in the USA
• Elements of Larceny
• A trespassory
• Taking and
• Carrying away of
• Personal property
• Belonging to another
• With the intent to deprive the owner of the property
permanently.
• Involves a trespass, taking for ones own use the property of
another (without
permission), by means other than force or threats on the victim
• Or forcibly breaking into a persons home or workplace with
the intent to deprive the owner
of their property permanently.
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Extent of Larceny
• UCR reported 4.2 million thefts in 2018 a rate of 1,594.6:
100,000
• Down some from 2014 when it was 5.8 million.
• NCVS 2 x UCR rates. Neither includes autos. Majority
without victim contact.
• 2 types of thieves
• Amateur Thieves – occasional offenders who tend to be
opportunists
• Professional Thieves – make a career of stealing
• Edwin Sutherland says the Professional Thieves have 5
characteristics:
• Well developed skills
• Status among subculture group
• Consensus of shared values
• Learn from and protect each other
• They are organized however loosely
Other Types of Larcenies
Shoplifting
• Shoplifting – taking goods from retail stores
• Snitch theft for personal use or out of urge
• Many steal because they want merchandise but can afford it.
• Some thrill steal
• Boosters less than 10% intent to resale for profit
• Controlling shoplifting
• Less than 10% detected
• 45.5% are prosecuted.
• 41% White, 29% Black and 16% Hispanic.
• Over half of shoplifting between noon and 6 p.m.
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Other Types of Larcenies
Art Theft
• Art theft has increased in recent years. It can include
shoplifting,
burglary, and robbery to steal an individual art, illegally export
art or
pillage archaeological sites.
• “1986 a gang of Irish thieves invaded an estate in Ireland with
commando
precision and made off with 11” priceless paintings (Adler,
Muller & Laufer,
2018, p. 263).
• Professional art theft requires ability to fence stolen goods.
• No one knows the value as one painting maybe worth $50 and
another $50
million.
• Movie and music Art Theft – is a trade mark violation
• A ring of bootlegger may earn up to $50,000 per week selling
piracy videos.
Other Types of Larcenies
Motor vehicle theft
• Auto theft –the most reported crime
• 748,841 reported motor vehicle thefts in 2018
(228.9:100,000).
• Up 9% from 2014 but still overall down from 2009 (Adler,
Mueller, & Laufer, 2022).
• Types of motor vehicle theft
• Strip and run
• Scissor job
• Valet theft
• Insurance fraud
• Carjacking is considered a combination of auto theft and
robbery. Most often (7 out of 10)
with threat of gun.
• Amateurs are most often juveniles joyriding or racing or steal
for swag.
• Some (older criminals) use stolen vehicles for long term
transportation
• Professional steal based on consignment – can sell altered
falsifying registration or part out
vehicles at 3x values.
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Auto and Boat theft prevention
• Auto Theft Prevention
• Steering shaft locks
• High tech tracking systems – Lo-Jack
• Unbreakable Autolock
• Silent Scorpion
• Safer Parking lots.
• Boat Theft –no FBI stats till 1970
• Prevention: lock devices, alarm systems and marina guards
Fraud
• The acquisition of another persons property through cheating
or deception.
• Obtaining property by false pretenses.
• The victim is made to part with property voluntarily as a result
of the perpetrators untrue
statements regarding a supposed fact.
• Confidence games – offender gains the confidence of the
victim and induces the
expectation of a future gain.
• Credit Card theft
• Amateurs use stolen card for 2 to 3 days.
• Professionals contact victim with story (ask for security
number)
• Credit card fraud in 2014 exceeded $16 billion (Adler, Mueller
& Laufer 2018).
• Check forgery
• Altering a check with intent to defraud.
• Naïve believe no one is harmed
12/28/2021
5
Auto Insurance Fraud
• Over $60 billion paid insurance claims per year.
• Estimated 10-15% of claims are fraudulent.
• Auto insurance schemes include:
• Staged claims
• Owner dumping
• Abandoned vehicles
• Staged accidents
• Intended accidents
• Caused accidents.
Filing Fraudulent Health Insurance Claims
• Health Insurance schemes include:
• Overutilization
• billing for unnecessary and superfluous tests
• Ping-Ponging
• physicians referring patients to several practitioners when
symptoms do not warrant
such referrals
• Family Ganging
• A doctor extends several unnecessary services to all members
of a patients family
• Steering
• Doctors direct patients to the clinic’s pharmacy to fill
unneeded prescriptions.
• Upgrading
• A patient is billed for services more extensive than those that
were actually performed.
12/28/2021
6
High-Tech Crimes
• Involves the attempt to pursue illegal activities through the
use of
advanced electronic media.
• High technology = use of sophisticated electronic devices such
as
computers, cell phones and the internet.
• Hacking – Hackers seek entry into a computer system and
snoop around often
leaving no sign of entry. They have little criminal intent.
• Criminal intent involves the stealing of credit cards, or
sensitive information,
vandalism, and planting of viruses.
High-Tech Computer Crimes
• Types of computer schemes:
• Industrial Espionage – gather info
• Software Piracy
• Pornography Online
• Online gambling
• Mail Bombing
• Password Sniffers
• Credit Care Fraud
• Who are high tech criminals?
• Most hackers are 14-19 year old white males who see
themselves as a
counterculture fighting censorship and liberating information
from corporations.
• Believe themselves to be modern day Robin Hoods.
12/28/2021
7
Burglary
• Common law Burglary was the breaking and entering of the
dwelling
house of another person at night with the intention to commit a
felony or larceny inside.
• Today the UCR defines burglary as the unlawful entry into a
structure
to commit a felony or theft.
• Best evidence of intent (misdemeanor larceny vs felony) what
the
burglary actually does from stealing jewelry vs committing a
rape.
• Fencing: receiving stolen property
• In 2018 1.2 million burglaries were reported to police. Down
from 1.7 in 2014.
• Average loss $2,799
• Account for 1/5th index crimes and most are not cleared.
Arson
• Common Law: only included dwelling of another person.
• Current statutes: include structure other than homes.
• Willful, malicious burning of home, public or commercial
buildings, vehicle, crops.
• Considered more violent then B/E but Arson is fairly
infrequent
Juveniles account for the
largest share of Arson
3 types of Juvenile fire starters
-Playing with matches
-Crying for help
-Severely disturbed
Adult Arsonists
-Some mental issues = Pyromaniacs
Need to look for the motive to classify others:
-Revenge, jealousy, and hatred
-Financial gain (mostly insurance fraud
-Intimidation and/or extortion (often with
organized crime)
-Need for attention
-Social protest
-Arson to conceal other crimes
-Vandalism and accidental fire setting
12/28/2021
1
Chapter 10: Violent Crimes
-Slides and data in this outline are from Adler, Mueller, and
Laufer (2007,
2013, 2018, & 2022); Siegel (2015); and modified by Manning
(2007,
2013, 2015, 2018, & 2022).
Violence is the use or threat of force.
Homicide
• Killing of human being by another.
• Justifiable homicide: sanctioned by law (not always illegal
then).
• Criminal homicide
• Murder: intentional killing of another person with malice
aforethought.
• First degree: premeditated and deliberate
• Second degree: intentional without premeditation
• Felony murder: intention to commit some other felony.
12/28/2021
2
Manslaughter
Unlawful killing of another person without malice
Voluntary Manslaughter
• Killing committed intentionally
but without malice.
• Example: in the heat of passion or
in response to strong provocation.
Involuntary Manslaughter
• Killing unintentionally but
recklessly by consciously
disregarding a substantial and
unjustifiable risk.
• Negligent homicide (some states)
• Criminal liability for grossly negligent
killing in situations where the offender
assumed a lesser risk.
• Diane Whipple killed in her hallway by
neighbors dogs (Siegel, 2015).
Homicide Rates in the United States
• Homicide rates are high in USA but are steadily declining.
• 2018 approximately 16,214 murders nationwide.
• 5:100,000 in 2018; 4.5:100,000 in 2014 which was down 6.1%
since 2005
• In 1994 it was 9:100,000 (Adler, et al., 2022).
• Regional difference (cities like Chicago, Baltimore, Detroit
over rural areas).
• South accounts for 46% of homicides
• Midwest 22%
• West 19.9%
• Northeast 11.9%
• Cities like Chicago
• 1950 most had jobs by 1990 only 1 in 3 had a typical work
week.
• 2016 Chicago had the highest homicide rates for any city in
US history.
• States: District of Columbia highest, South Carolina 1st,
Florida 5th, Michigan
10th, and Maine lowest.
12/28/2021
3
Characteristics of Murder
• Approximately 78% of murder victims are males.
• Nearly half between 20-34 years old.
• While USA doesn’t have highest homicide rates we do have
highest
rates for those under age 15.
• Murder tends to be Intra-racial but not intra-gendered.
• Approx. 90% blacks killed by blacks and 85% of whites by
whites (Siegel, 2015).
• Black women account for 75% of our nations female murders
(Adler, et.,
2022).
• Stranger homicides only account for about 7.5% in 2018.
• USA highest risk of being murdered by family and
acquaintances.
Characteristics of Murder cont’d
• Gang Homicides
• Attributed to social disorganization and lack of economic
opportunity
• Killers are generally younger
• 2.5 X more participants.
• Twice as likely to not know the victims
• Increased by stander victims due to drive by shootings.
12/28/2021
4
Types of Murder
• Serial Murder (serial killers):
• killing of several victims over a period of time.
• Sociopaths: lack internal controls, disregard values, and
dominate others.
• Up to 15% are women.
• Men choose victims they render helpless while women choose
the helpless.
• Mass murder:
• Killing of multiple victims in one event or in very quick
succession.
• Vegas strip mall Oct. 2017 with 59 dead, Orlando Pulse
nightclub
• Gang murder:
• Killing of rival gang members over drugs and territory.
Assault
• Attack on a person with an apparent ability to inflict injury
and is
intended to frighten or to cause physical harm.
• Battery: results in touching or striking the victim.
• Simple assault: little to no physical harm. Verbal?
• Aggravated assault: Serious harm on the victim or use of a
deadly weapon.
• Assaults are the most common violent crimes.
• Often Family Related Crimes
• Spouse abuse: as many as one out of every six couples at least
once per year.
• 60% yelling, slapping and pushing. Offender over 80% males
for spouse murders.
• Child abuse: 4.1 million reports (abuse/neglect) to Child
Protection Services in 2018
• Elder Abuse: estimates of up to 2.5 million annually over age
65
• Physical abuse/neglect. Most common is Hygiene neglect (can
be self neglect)
12/28/2021
5
Rape
• Act of forced intercourse by a man on a women (other than the
attacker’s wife)
without here consent.
• Stranger rape (classical rape most reported).
• Occurs when the victim has had little or no prior contact with
the offender.
• Predatory rape – Use of deception or force to rape by
pretending to engage in legitimate
dating behavior.
• Date rape – force used
• Marital rape and Statutory rape
• Characteristics of Rape (FBI UCR)
• In 2018 there were 139,380 reported rapes to police, up from
2014 stats of 84,041.
• As many as 25% of college female students
• Approximately ½ of offender know their victims – (reported
rapes).
• Summertime higher risk.
• Siegel (2015) says rape is violent coercive acts of aggression,
not forceful expression of
sexuality. Used as a weapon of war.
• 50% power, 40% anger, and 5% Sadism
Factors of Rape
Psychological factors
• Rapists suffer from mental
illness or personality disorders.
• Offences are committed due to
anger, drive for power, or the
enjoyment of maltreating a
victim.
Sociocultural factors
• Societal norms that approve of
aggression as a demonstration of
masculinity.
• Male socialization – doing gender
• Social disorganization
• societal norms.
12/28/2021
6
Kidnapping
• Abduction and detention by force or fraud and transport
beyond the
authority of the place where the crime was committed.
• Lindbergh Act - 1932
• The Act makes it is a felony to kidnap and transport a victim
across a state or national
border.
• Subject to death penalty, unless the victim was released
unharmed.
• Often children are abducted by one parent from the primary
care taker.
Robbery
• Taking of property from a victim by force and violence or by
the threat of
violence.
• In 2018, 282,061 robberies (down from 1997).
• In 1997, 497,950 robberies or 186:100,000 people. This was
the lowest robbery rate
since 1985.
• Characteristics of Robbers.
• Professional Robber
• Opportunistic Robber
• Addict Robber
• Alcoholic Robber
• In 2010: Sex 90% male, Age 60% under 25, Race half black &
45% white
• Second degree felony up to ten years in prison (Adler, et al.,
2022).
• If attempt to kill – life
• Average 6 years (punishment based on violence not property)
(Siegel, 2015).
12/28/2021
7
Organized Crime
• Many wealthy groups are speculated to have achieved wealth
through
unethical means of greed and exploitation.
• Vanderbilt's & Rockefeller’s?
• Sicilian Immigration to U.S. (1875-1920) from southern Italy
(Sicily).
• History of oppression by Roman, Arab, German, Spanish and
French soldiers.
• The law is for the rich, the gallows are for the poor and justice
is for the fools.
• Mafia (place of refuge)
• Sicilian families that were loosely associated with one another
in operating organized
crime.
• Illegal activities
• Gambling, loan sharking, alcohol & drug trafficking,
pornography, prostitution, labor
racketeering, murder for hire, theft and fencing.
• Then Infiltrated Legitimate businesses
• Loading and unloading ships, fish and meat industries, liquor,
vending machines, waste
disposal, and construction.
Organized Crime cont’d
• Racketeer Influence and Corrupt Organization (RICO) Act
• Attacked racketeering activities
• Racketeering is a racket to make money for providing a
corrupt service
• Federal Witness Protection Program
• Protected witnesses who testified in court against organized
crime.
• Includes other groups
• Colombian, Bolivian, Peruvian and Jamaican crime families.
• Motorcycle Gangs
• Disillusioned veterans of the Korean War and Vietnam
conflict.
• Chinese – Triad
• Israeli and Russian-Jewish Mafia
• Japan’s Yakuza – “Tattooed Men”
12/28/2021
8
Terrorism
• Groups resorting to violence or threat of violence against
opposition
of constituted authority.
• Crucial to the terrorists’ scheme is the exploitation of the
media to attract
attention to their cause.
• Worldwide destructive impact
• Resulting in increased costs of security measures.
• War against terrorism
• Longest conflict/war US has very been in.
• Costing around $700 billion per year USA alone
• Global destabilization
• Sustainability?
Other Threats
• Militias
• Michigan Militia (over 10,000 members)
• Stockpile weapons, build bombs
• Linked to Training domestic terrorist Timothy McVeigh and
Terry Nichols (1995 Oklahoma
City bombing).
• Hate Crimes
• Stiffer penalties
• School violence
• Columbine 15 dead, VT shootings 2007, Sandy Hook
elementary school,
Florida Douglas High School.
12/28/2021
9
Gun Control Debate
• Illegal gun ownership, gang membership, and drug use are
closely
related to gun crime, street crime, and minor delinquency
• Gun Control
• Aims to restrict availability of firearms.
• Stiffer penalties, including mandatory sentences that take
offenders off the
streets.
• Right to Bear Arms
• second amendment right to defend oneself and others
• Conceal and open carry decreases crime
1
SYG 2323 FINAL EXAM Course
______ ____Intro To Criminology Learning Outcomes
In General, always be able to present a review of the key
insights from any classroom video or activity
connected to each chapter. Also, know the key terms and be
able to explore the critical thinking
questions at the end of each chapter. Upon completion of the
assigned material, you should be able to:
CHAPTER 10: Violent Crimes
1. Differentiate amongst the various categories of criminal
homicide.
2. Explain the concept of victim precipitation.
3. Explain the difference between a simple assault and an
aggravated assault.
4. Discuss the evolution of laws related to rape.
5. Discuss the characteristics of robbers.
6. Discuss the rise of organized crime, terrorism, hate crimes,
militias, and violence in schools in the
United States.
7. Discuss the relationship between violence and gun control.
CHAPTER 11: Crimes Against Property
1. Discuss the elements of larceny.
2. Discuss the crossover of theft prevention measures designed
for motor vehicles that are increasingly
being used for boats and other watercraft.
3. Compare and contrast the various types of fraud.
4. Explain the various forms of auto insurance fraud.
5. Discuss the problems of detection and prosecution of high-
tech crimes.
6. Discuss burglary and fencing.
7. Explain the role juveniles play in arson.
8. Explain the classification system of fire setters.
CHAPTER 12: White-Collar and Corporate Crime
1. Discuss the various types of white-collar crime (and other
economic crimes).
2. Describe the problems associated with defining and
determining the frequency of corporate crime.
2
3. Explain the development of corporate criminal law in the
United States.
4. Compare and contrast the models of corporate culpability.
CHAPTER 13: Public Order Crimes
1. Describe the history of drug abuse in the United States.
2. Explain the development of drug control laws in the United
States.
3. Discuss the international nature of the drug trade.
4. Explain the history of the legalization of alcohol in the
United States.
5. Discuss some of the legal issues involved in dealing with
pornography.
CHAPTER 16: Enforcing the Law: Practice and Research
1. Discuss the professionalization of policing that was
pioneered by Vollmer and Wilson.
2. Compare and contrast the various types of law enforcement
agencies in the United States.
3. Explain the command structure, and the difference between
line functions and non-line functions.
4. Discuss the three primary police functions.
5. Compare and contrast the various methods of community
policing.
6. Discuss the six areas in which police departments have been
found to be defective or deficient.
CHAPTER 17: The Nature and Functioning of Courts
1. Describe the structure and functions of all of the courts in
the U.S. Court System.
2. Explain the role of the trial judge at each stage of the trial.
3. Discuss the jury selection process.
4. Compare and contrast the philosophies and models of
punishment.
5. Discuss the status of capital punishment in the United States,
and how it compares to the rest of the
world.
3
CHAPTER 18: A Research Focus on Corrections
1. Explain the development of corrections in the United States.
2. Compare and contrast jails and prisons.
3. Discuss competing explanations of the origin of prison
culture.
4. Compare and contrast probation and parole.
5. Discuss the additional community alternatives to
incarceration.

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111620151American Policing and Court Systems-S

  • 1. 11/16/2015 1 American Policing and Court Systems -Slides and data in this outline are from Siegel (2015); Adler, Mueller, and Laufer (2007); and modified by Manning (2007, & 2015). The Criminal Justice System overview • The Process of Justice – From initial contact, through post-release • Crime committed - investigation • Police make arrest based on probable cause • Booking (custody) fingerprinting and investigation • Grand jury hands down its indictment • Arraignment: formal charges & rights read to defendant • Bail or detention • Plea bargaining • Trial process/adjudication
  • 2. • Sentencing/disposition • Appeals • Correctional treatment • Release • Post release/aftercare. if early release on parole. England’s Policing History • 1829, Sir Robert Peels created the Metropolitan Constabulary in London. – So successful all counties were required to have them by 1856. – Police officers must have a perfect command of temper. – Critics said these agencies were created to control the poor. 11/16/2015 2 American Policing History • Colonial America – Used system like England's
  • 3. • America’s first uniformed police – Boston in 1838 and New York in 1844 • Progressive Era – lead by T. Roosevelt – 1895—tried to reform police by removing them from politics. • Today more than 20,000 separate agencies in US – 708,022 sworn officers Federal Law Enforcement • First Federal police force 1790 – US Coast Guard. • Federal Bureau of Investigation – Investigate domestic terrorism, white collar crime, organized crime, public corruption. – Named FBI in 1935 under J. Edger Hoover – Chief investigative branch of Depart of Justice. • Captured Baby Face Nelson, Pretty Boy Floyd. – Image tarnished • 1960s wire tapping, opening mail • 1993 handling of WACO TX Branch Davidians. Federal Policing cont’d • Drug Enforcement Administration DEA
  • 4. • Immigration and Naturalization Service – INS largest group of federal police. – Now called ICE: • US Immigration and Customs Enforcement • United States Marshall Service – Witness protection, federal court security • Treasury Department: Secret Service 11/16/2015 3 Department of Homeland Security • Five divisions created after 911: – Border and Transportation Security – Emergency Preparedness & Response • Make sure were prepared and able to recover from terrorism – Science and Technology – Information Analysis and Infrastructure
  • 5. – Management State, County and Municipal Law Enforcement • State Police – 1st was Texas Ranger 1835 – Today only Hawaii without state police • Highway Patrol • County Police (Sheriff’s Department) – Tax assessment & collection, court duty, run jails, serve court orders, oversee public buildings, highways, bridges and parks. • City Police – 24 hour service not the norm in small town – New York City has over 72,000 officers operating at a cost of about $2.5 trillion Special Purpose Policing and Private Police • Special Purpose Police – Transit Police – Public Housing Police – Airport Police – Public School and College Police – Park Police • In past considered inferior now highly recruited & trained. • Private Police Are there any ethical issues? – Guard and Patrol Services
  • 6. – Private Investigators – Alarm Companies and Computer Security Systems – Armored-car and Courier Services 11/16/2015 4 City Police Functions • Line Functions – Patrol Division -1st on crime scene • Maintain order, block off crime scene, interview • Visual presence deters crime – Investigation Division • Detectives hold more prestigious positions – Specialized Unites – mostly larger cities • Traffic Units –investigate accidents, meter maids • Vice Squad –enforce gambling laws, drug, prostitution • Undercover agents often work with informants. • Issue of Entrapment • Non-Line Functions – Support – Planning, research, admin. & training, budgeting, purchasing, public relations, inspections, – Support line functions with high tech services. – All police have some training (3-16 weeks) Police Functions
  • 7. • Law Enforcement – Control crime. In past police were evaluated by the number of felony arrest made. – Past effectiveness meant depersonalized one officer patrol cars and rotation of beats. – But 1960s taught us that police must do more than enforce laws. • Order Maintenance – Today—peacekeeping and conflict management – Greater discretion in deciding if a crime was committed • Community Service – Respond to social problems and emergencies – Police aid gunshot/knife wounds, diabetic reactions, teen runaways Civil Right issues and the Rule of Law • Constitutional Due Process (14th Amendment) – Protection against unreasonable search & seizures. – Protection against self-incrimination – The right to counsel • Use of Deadly Force & Police Brutality – Before Tennessee v. Garner the law had always been that police could shoot to kill anyone fleeing a felony—even unarmed – Today, force can only be used when necessary to prevent escape of suspect
  • 8. believed to be a significant threat. – While physical force maybe needed. Police brutality is no longer tolerated in America. • Abuse of Discretion – Officially regulated but police have considerable autonomy. • Corruption – Meat eaters: police who solicit bribes or cooperate w/criminals for gain. – Grass eaters: police who accept payoffs for services or looking the other way. 11/16/2015 5 Police Officer Life and Subculture • Qualifications – Today new recruits must be in good shape. – With no criminal record, and at least have high school diploma. • Minority Groups In Policing – Civil Rights lead to increased police diversity – Women first obtained patrol officer status in 1960s. – Are women police officer fully accepted today? • Subculture issues: – High job related stress. – Self isolation with other police and family.
  • 9. – Characterized by chronic suspiciousness, authoritativeness, and cynicism. – High risk of marital problems, physical ailments, alcoholism, issues with children, and drug abuse. America’s Dual Court System State Supreme Court State Appellate Court State Trial Court -Limited Jurisdiction - minor -General Jurisdiction - major U.S. Supreme Court -how many justices? U.S. Circuit Courts of Appeals (13) U.S. District Court (94) State System Federal System Federal Magistrates -minor fed offences -issue warrants
  • 10. Terminology I want to appeal • Writ of certiorari – an order issued by a higher court directing a lower court to send to it the records of a case. • Habeas corpus – a request to produce the prisoner before the reviewing judge and to explain by what lawful authority the prisoner is being detained. 11/16/2015 6 Roles People Fill • Prosecutor – DA works for the state – Collection agent dispenser of justice – Political enforcer and overseer of police • Defense – works for defendant • Judges deals with matter of law – Jurist instructed to focus on matters of fact • Grand Jury – Decide if case will go to trail or not • Arraignment – Grand jury hands down its indictment – Defendant pleads
  • 11. – Plea Bargen opportunity – has pros and cons Jury Selection and Trial Proceedings • Voir dire: the process by which lawyers and the judge examine a prospective juror to determine his or her acceptability. • Peremptory challenge: objections to potential jurors for which no explanation is required. • Challenges for cause: objections to potential jurors for which a reason is given. • Proceedings of People v. John Doe 1. Opening statement of the prosecutor 2. Opening statement of the defense (may be waived until the defense’s case in chief) 3. Prosecutor’s case in chief 4. Motions 5. Defense’s case in chief 6. Motions 7. Closing argument of the prosecutor 8. Closing argument of the defense Sentencing Hearing – Death penalty – 36 states – Incarceration – Probation – Restitution – Community Service – Fine combo or split sentencing
  • 12. • Punishment Philosophies – Incapacitation – protect society from offender – Deterrence (general and/or specific) – Retribution - eye for an eye – Rehabilitation – early to mid 1970s – Just Deserts – back to eye for an eye – Restorative Justice 11/16/2015 7 Exploring the Death Penalty • First—Daniel Franks in 1622, VA • Six Forms – in USA – Firing Squad, Lethal Gas, Hanging, Decapitation, Electrocution, Lethal Injection – Which is the only form never used in US? • Deterrence Argument • Discrimination Argument • Cost Benefit Argument • Global Trends
  • 13. 11/3/2017 1 Chapter 13: Public Order Crimes -Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013 & 2018); Siegel (2015); and modified by Manning (2007, 2013, 2015 & 2018). Drug abuse and crime Alcohol and crime Sexual morality offenses Law and Morality • Public Order Crimes • Behavior that is outlawed because it threatens the general well-being of society and challenges its accepted moral principles. • Sometimes referred to as victimless crimes. • Drug and alcohol use, prostitution, pornography and even gambling. • Censorship of those freely choosing to engage maybe a violation of free speech. • Which may lead to dissent • Moral Crusaders say it doesn’t diminish freedom of opinion.
  • 14. Law and Morality • Criminal or Immoral? • Social harm • Immoral acts can be distinguished from crimes on the basis of the injury they cause: • Acts that cause harm or injury are outlawed and punished as crimes. • Acts, even those that are vulgar, offensive, and depraved are not outlawed or punished if they harm no one. • 500,000 US deaths per year due to alcohol and tobacco • Immoral yet legal and regulated by our government. • Marijuana is nonfatal and sold for medical purposes • Should laws be applied to shape social morality? • What about polygamy, or minors and marriage? • Why is prostitution illegal? 11/3/2017 2 Substance Abuse: when did it begin?
  • 15. • Egypt – use of opium • Religion 3,500 BC; Painkiller 1,600 AD • USE – Use begins for medical purposes • Opium (Morphine and Codeine) • Used to treat a wide variety of illness • Civil War morphine = Soldiers disease • 1860s cocaine to unblock sinues. • Alcohol and its prohibition • January 16, 1920, the 18th Amendment prohibited the manufacture, sale and transportation of alcoholic beverages. • Women’s Christian Temperance Union • American Anti-Saloon League (Carrie Nation). • December 5, 1933, the 21st Amendment to the Constitution repealed 18th. Stats on drug abuse • Extent of substance abuse • Alcohol abuse in USA national high school studies: approximately 52% • Binge drinking – 5x once per month 23% • Heavy drinking – 5 per night 5 x per month 6% • NHS surveys show: • Drug abuse declined between 1970-1990 • Increased until 1996 • 2007 till now marijuana rose to an all time high
  • 16. • Major issues: K2 and spice is synthetic marijuana (not plant based) • Overall drug used peaked in 1970s, decreased till 1990s and now steady. • Exceptions: Marijuana and Heroin (US epidemic) has increased since 2011 Drug abuse linked to crime • Substance abuse appears to be heavily linked to crime. • Adolescents who use illegal drugs engage in more fights and theft. • 40% incarcerated adults for violence crimes used alcohol before arrest. • Alcohol reduces restraint on aggression • Alcohol reduces awareness of consequences • Drunk driving • There are different kinds of drug users but not all commit crimes. • There are differences in criminality among drug users. • Sometimes drug use leads to crime. • Sometimes crime is needed to finance drug addiction • Sometimes drugs are need to commit crime • Sometimes drug use and crime coincide 11/3/2017 3
  • 17. Criminality and global issues of drug addiction • Money laundering: concealing illegally obtained money • Catastrophic political impact on drug producing countries. • High incidence of corruption and crime • Government instability and coups • Alliance of drug dealers with terrorist groups. Legislative Acts Regulating Drug Use in the US • Pure Food and Drug Act (1906) • List habit forming drugs on labels. Prohibited opiates. • Harrison Narcotics Act (1914) • Prohibit import, manufacture, and sale of narcotics. • Marijuana Tax Act (1937) • Registration and tax of $100 for one once. • Comprehensive Drug Abuse Prevention and Control Act (1970) • Set up unified categories of drugs. • Set specific punishments for sales, manufacture and possession. • Anti-Drug Abuse Act (1986) - increased penalties • 10 years for trafficking kilo of heroin (one year for simple possession) • Title 21 of US Code updated Amendments passed since 1970 • Anti-Drug Abuse Act (1988) • Bush 1st admin added death penalty for drug related killings.
  • 18. Drug Control Strategies • Treatment approach through: • Self-help groups and psychotherapy (AA and NA) • Detoxification • Community social action efforts • Residential therapeutic communities • In patient out patient therapy. Cost and requires self motivation. • Methadone maintenance programs. • Education problems – DARE • Drug Testing – at work and possible welfare qualifications • Drug court. 11/3/2017 4 Legalization of Alcohol • Ratification in 1971 of the twenty-sixth Amendment of the US Constitution lowered the minimum drinking age. • Later raised it back to 21 state by state. • Legalization of all drugs
  • 19. • Some say it should create an epidemic of drug dependents. • War on drugs cost more than $500 billion in past 20 years. • More people die each year from legal drugs than illegal. • No commodity sales are more lucrative than drugs. • Historically people have always used drugs. - adult choice. • Prohibition of alcohol increased crime. • legalized government control and regulation. • Cheaper = less crime to pay for habit • No need for drug cartels decreasing violence. • Gov. would rap large tax profits. • Netherland did it and still relatively crime free. Deviant sexual Intercourse/paraphilias • Outlaws paraphilias or deviant sex acts. • Frotteurism – rubbing or touching non consenter • Voyeurism • Exhibitionism • Sodomy (past) • 2003 Lawrence v Texas made sodomy legal • Pedophilia • Form of deviant sex acts that most concern the general public • Statutory Rape –Debra Lafave Prostitution Hierarchy • Types of Prostitutes • Streetwalkers – lowest paid in plain sight • Bar girls –B girls % of drinks waiting for pickup
  • 20. • Circuit travelers – few girls service labor camp • Cyber prostitutes – meet online “adult friend finder” • Brothel prostitutes – cathouse. Bunny ranch • Madam vs pimp. • Pos: safety, no minors, adult choice $300-1,500 per night • Call girls – highest paid Aristocrats of prostitution • Escort services/call houses • Client calls madam (123 listing in NY city yellow pages) Gov. Eliot Spitzer 11/3/2017 5 Prostitution • Becoming a Prostitute • Dangers of sex work • Beaten, robbed and rapped by pimp or client • Abused youth maybe lured into trade, lack father figure • Older women – need money for survival or drugs. • Controlling Prostitution • Brothels were regulated before WWI in US • Moral crusaders painted pimps as immigrants luring American girls into trade.
  • 21. • Mann Act (1925) - $5,000 fine up to five years prison • Prohibit transport of women into country and across state lines. • Today prostitution is a misdemeanor and is punishable by a fine or short jail sentence. Prostitution • Legalize Prostitution? • Free choice – legal makes safer environment • $300-1,500 per night • Sexual equality – seen as gender exploitation • Abuse –brothels worker may still be abused • Harassed, exploited and raped by security and madam • 40% of earnings. • Long-lasting victimization • May have life of social stigma leading to drug abuse • If you really want to stop prostitution • Focus on criminalizing the johns. • Prostitutes should be seen as victims not jailed & fined Pornography • Pornography - legal • Sexually explicit books, magazines, films, and DVDs intended to provide sexual titillation and excitement for paying customers.
  • 22. • Obscenity – illegal • Material that violates community standards of morality or decency and has no redeeming social value. • If it is deemed harmful to people or society its illegal • Who decides what is obscene? • What is obscene shifts across time between states 11/3/2017 6 Pornography • Is pornography harmful? • Does pornography cause violence? • Some studies say it reduces violence by satisfying impulses • 1984 study show increased exposure leads to decreased arousal and aggression. • Some argue porn leads to sexist unhealthy ideas. • Attorney General’s Commission on Pornography (1986) • Leads to acceptance of rape myths and violence against women. • Diana Russell argues hatred of women is common theme in porn (violence, rape,
  • 23. aggression) (Siegal, 2015). Pornography and the law • Miller v. California (1973) its obscene when: • The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient (lewd) interests. • The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. • The work, taken as a whole, lacks serious literary, artistic, political, or scientific value. • Pope V. Illinois - later supreme court ruling • Obscene if a reasonable person applying objective (national) standards would find the material to lack any social value. Internet, Technology and Pornography • Communications Decency Act (1996) • Felony to: • Knowingly use telecommunications devices to send and indecent communication to a child. • Use a computer to display indecent material in a manner accessible to a child.
  • 24. • Violations punishable by up to two years imprisonment and fine of $250,000 • Legislation on pornography varies around the world making it easier to be sent across borders. • Distinction between eroticism and child pornography. • Child Pornography - issues with tech. and kids sexting • Illegal to possess and or distribute even virtual images of children 12/28/2021 1 Chapter 12: -Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013, 2018, & 2022); Siegel (2015); and modified by Manning (2007, 2013, 2015, 2018, & 2022). White Collar and Corporate Crime. White Collar Crime defined • Edwin H. Sutherland, 1940 defines White Collar Crime: • Crime “committed by a person of respectability and high social status in the
  • 25. course of his occupation”. • Not Corporation inclusive! • A violation of the law committed by a person or group of persons in the course of an otherwise respected and legitimate occupation or business. 12/28/2021 2 White Collar Crime Laws and policies • Sarbanes-Oxley Act of 2002 • Adopts provisions to deter and punish corporate and accounting fraud and corruption. • Dodd-Frank Wall Street Reform and Consumer Protection Act 2010. • Consolidates regulatory agencies • Created an oversight council to evaluate systematic risk • Enacted comprehensive regulation of financial markets. • Increased transparency of derivatives • Passed consumer protection reforms • Gave authority to wind down bankrupt firms
  • 26. • Increased the effect of international standards and cooperation Occupational Crimes • Committed by individuals for themselves in the course of rendering a service. • Medicare fraud, misuse of clients’ funds by lawyers and brokers, and substitution of inferior goods. 12/28/2021 3 Types of White Collar Crimes • Securities-related crimes • Churning: practice of trading a client’s shares of stock frequently in order to generate large commissions. • Ponzi schemes: Broker takes client funds with promise of high return. • hides funds in various banks Create fake investment charts • Works until more want out then new investors can support. • Bernard Madoff 65 billion, June 29, 2009 150 years in prison • Insider Trading: Use of material, nonpublic financial information to obtain an unfair advantage in trading securities. • Stock manipulation: Trading stocks at low prices and making
  • 27. misleading statements to clients. • Some stocks are traded at very low prices. • Which creates an artificial demand for the stocks. • Boiler rooms: operations run by stock manipulators. • Who manipulate uninformed individuals into buying stocks in obscure and poorly financed corporations. Types of White Collar Crimes continued • Bankruptcy Fraud: Scams designed to take advantage of loopholes in the bankruptcy laws. • EX: Old company scam where employee bilks system for assets then files chapter 11. 10% of all bankruptcy claims include fraud. 2/3rds involve hidden assets. • Fraud against government • Collusion in bidding • Payoffs and kickbacks to government officials • Expenditures by a government official that exceed the budget • Filing false claims • Inflate cost to hide waste or corruption • Hiring of friends or associates formerly employed by the government. • Dick Chainy ties to Halliburton and a closed bid contract to rebuild Iraq.
  • 28. 12/28/2021 4 Types of White Collar Crimes cont’d • Consumer Fraud • Act of causing a consumer to surrender money through deceit or a misrepresentation of a material fact. • Forms • Home improvement fraud • Deceptive advertising – bait n switch • Land Fraud • Business opportunity fraud • Insurance Fraud • Policyholders defraud insurers • Insurers defraud the public • Management defrauds • Third parties defraud insurers (car repair shops) Types of White Collar Crimes cont’d • Tax Fraud • Willful failure to file a tax return by keeping two sets of books, shifting funds, and faking forms. Misdemeanor vs. felony • Bribery, corruption, and political fraud • Used to gain favors, special privileges, services and business - felony
  • 29. • Insider-related fraud • Use and misuse of one’s position for monetary gain or privilege. • Embezzlement: conversion of property or money with which one is entrusted or for which one has a fiduciary responsibility (misappropriation of money or property) • Employee-related thefts (fictitious overtime claims) • Sale of confidential information and trade secrets 12/28/2021 5 Corporate Crime • Crimes committed by one or more employees of a corporation that are attributed to the organization itself • Phases • Concerns with importance and meaning of corporate personhood • Rise and immediate fall of vicarious liability • Strategic risk-shifting by employers and employees • New era of regulatory law • Post-guidelines partnership
  • 30. • Selective use of existing law • Corporate violence: Hawk’s Next West Virginia example • Ford Pintos, and Dalcon Shield stories Models of Corporate Culpability • Proactive Corporate Fault (PCF) • Assumes blame where reasonable steps were not taken to prevent an offense • Reactive Corporate Fault (RCF) • Considers the corporate reaction to the discovery of an offense 12/28/2021 6 Models of corporate Culpability cont’d • Corporate Ethos (CE) • Culpability derives from corporate ethos, culture, or personality • Corporate Policy (CP) • Corporate intentionall y is found in decision communicated through policies. • Constructive Corporate Culpability (CCC) • Corporate fault is found in the reasonableness of judgment • What would the average corporation have done?
  • 31. Government Control of Corporations • Sherman Antitrust Act (1890) • Prohibited any contract, conspiracy, or combination of business interests in restraint of foreign or interstate trade. • Difficult to regulate corporate conduct since corporate activity has a low level of visibility. • Development of US Corporate Criminal Law • Courts determined corporations have no soul - not criminally liable. • 1909 courts determined management could be held responsible • As regulatory agencies and law grew in influence the focus shifted from punishment to achieving compliance. • Corporation joined forces with government to rout-out corporate crime • Problem with sanction guidelines: • For every sanction increase there is a reduction allowance created for evidence of organization due diligence. 12/28/2021 7 Environmental Crimes types of Green Collar Crimes
  • 32. • Worker safety/environmental crimes • Over 20 million workers have been exposed to hazardous material or worked with unsafe equipment so corporations can max profit. • Illegal Logging • Taking trees from protected areas, going over quotas, exporting without paying export duties. • Illegal Wildlife Exports – Florida Everglades overrun by pythons. • Tiger parts, ivory, rhino horns, for hunting trophies, fashion, medicines or bush meat. • Illegal Fishing – some species reduced by 99% since 1950. shark fin soup. Environmental Crimes Types of Green Crime cont’d • Illegal Dumping and Polluting • Criminal environmental polluting is dumping substances altering quality of waters detrimental to human and animal use (fertilizers, herbicides, oil, and animal and livestock bacterial wastes). • E-Waste (greed & planned obsolescence) • Millions of tons of annual high tech electronic waste. • USA most toxic old phones, tvs, computers and so on ends up in landfills or is
  • 33. incinerated. • Often ends up in poor countries dumped near people and water sources (Nigeria, Ghana, China, Pakistan and India). 12/28/2021 8 Environmental Crime Green Collar Crimes • National Environmental policy Act (NEPA) • Created the Environmental Protection Agency (EPA) • Charged with enforcing federal statutes and assisting the enforcement of state laws enacted to protect the environment • Environmental Laws • Clean Water Act (1972) • Clean Air Act (clear skies initiative) • Emergency Planning and community Right to Know Act (1986) • Endangered Species Act (1973) • Oil Pollution Act (1990)
  • 34. 12/28/2021 1 Chapter 11: Property Crimes -Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013, 2018, & 2022); Siegel (2015); and modified by Manning (2007, 2013, 2015, 2018, & 2022). Crimes Against Property Larceny (Theft or Stealing) • Larceny is the prototype of all property offences: purse snatching, shop lifting, art theft, and vehicle theft. • Larceny The most prevalent crime in the USA • Elements of Larceny • A trespassory • Taking and • Carrying away of • Personal property • Belonging to another • With the intent to deprive the owner of the property permanently. • Involves a trespass, taking for ones own use the property of another (without permission), by means other than force or threats on the victim
  • 35. • Or forcibly breaking into a persons home or workplace with the intent to deprive the owner of their property permanently. 12/28/2021 2 Extent of Larceny • UCR reported 4.2 million thefts in 2018 a rate of 1,594.6: 100,000 • Down some from 2014 when it was 5.8 million. • NCVS 2 x UCR rates. Neither includes autos. Majority without victim contact. • 2 types of thieves • Amateur Thieves – occasional offenders who tend to be opportunists • Professional Thieves – make a career of stealing • Edwin Sutherland says the Professional Thieves have 5 characteristics: • Well developed skills • Status among subculture group • Consensus of shared values • Learn from and protect each other • They are organized however loosely Other Types of Larcenies Shoplifting • Shoplifting – taking goods from retail stores
  • 36. • Snitch theft for personal use or out of urge • Many steal because they want merchandise but can afford it. • Some thrill steal • Boosters less than 10% intent to resale for profit • Controlling shoplifting • Less than 10% detected • 45.5% are prosecuted. • 41% White, 29% Black and 16% Hispanic. • Over half of shoplifting between noon and 6 p.m. 12/28/2021 3 Other Types of Larcenies Art Theft • Art theft has increased in recent years. It can include shoplifting, burglary, and robbery to steal an individual art, illegally export art or pillage archaeological sites. • “1986 a gang of Irish thieves invaded an estate in Ireland with commando precision and made off with 11” priceless paintings (Adler, Muller & Laufer,
  • 37. 2018, p. 263). • Professional art theft requires ability to fence stolen goods. • No one knows the value as one painting maybe worth $50 and another $50 million. • Movie and music Art Theft – is a trade mark violation • A ring of bootlegger may earn up to $50,000 per week selling piracy videos. Other Types of Larcenies Motor vehicle theft • Auto theft –the most reported crime • 748,841 reported motor vehicle thefts in 2018 (228.9:100,000). • Up 9% from 2014 but still overall down from 2009 (Adler, Mueller, & Laufer, 2022). • Types of motor vehicle theft • Strip and run • Scissor job • Valet theft • Insurance fraud • Carjacking is considered a combination of auto theft and robbery. Most often (7 out of 10) with threat of gun. • Amateurs are most often juveniles joyriding or racing or steal for swag. • Some (older criminals) use stolen vehicles for long term transportation • Professional steal based on consignment – can sell altered
  • 38. falsifying registration or part out vehicles at 3x values. 12/28/2021 4 Auto and Boat theft prevention • Auto Theft Prevention • Steering shaft locks • High tech tracking systems – Lo-Jack • Unbreakable Autolock • Silent Scorpion • Safer Parking lots. • Boat Theft –no FBI stats till 1970 • Prevention: lock devices, alarm systems and marina guards Fraud • The acquisition of another persons property through cheating or deception. • Obtaining property by false pretenses. • The victim is made to part with property voluntarily as a result of the perpetrators untrue statements regarding a supposed fact.
  • 39. • Confidence games – offender gains the confidence of the victim and induces the expectation of a future gain. • Credit Card theft • Amateurs use stolen card for 2 to 3 days. • Professionals contact victim with story (ask for security number) • Credit card fraud in 2014 exceeded $16 billion (Adler, Mueller & Laufer 2018). • Check forgery • Altering a check with intent to defraud. • Naïve believe no one is harmed 12/28/2021 5 Auto Insurance Fraud • Over $60 billion paid insurance claims per year. • Estimated 10-15% of claims are fraudulent. • Auto insurance schemes include: • Staged claims • Owner dumping • Abandoned vehicles • Staged accidents
  • 40. • Intended accidents • Caused accidents. Filing Fraudulent Health Insurance Claims • Health Insurance schemes include: • Overutilization • billing for unnecessary and superfluous tests • Ping-Ponging • physicians referring patients to several practitioners when symptoms do not warrant such referrals • Family Ganging • A doctor extends several unnecessary services to all members of a patients family • Steering • Doctors direct patients to the clinic’s pharmacy to fill unneeded prescriptions. • Upgrading • A patient is billed for services more extensive than those that were actually performed. 12/28/2021 6 High-Tech Crimes
  • 41. • Involves the attempt to pursue illegal activities through the use of advanced electronic media. • High technology = use of sophisticated electronic devices such as computers, cell phones and the internet. • Hacking – Hackers seek entry into a computer system and snoop around often leaving no sign of entry. They have little criminal intent. • Criminal intent involves the stealing of credit cards, or sensitive information, vandalism, and planting of viruses. High-Tech Computer Crimes • Types of computer schemes: • Industrial Espionage – gather info • Software Piracy • Pornography Online • Online gambling • Mail Bombing • Password Sniffers • Credit Care Fraud • Who are high tech criminals? • Most hackers are 14-19 year old white males who see themselves as a counterculture fighting censorship and liberating information from corporations. • Believe themselves to be modern day Robin Hoods.
  • 42. 12/28/2021 7 Burglary • Common law Burglary was the breaking and entering of the dwelling house of another person at night with the intention to commit a felony or larceny inside. • Today the UCR defines burglary as the unlawful entry into a structure to commit a felony or theft. • Best evidence of intent (misdemeanor larceny vs felony) what the burglary actually does from stealing jewelry vs committing a rape. • Fencing: receiving stolen property • In 2018 1.2 million burglaries were reported to police. Down from 1.7 in 2014. • Average loss $2,799 • Account for 1/5th index crimes and most are not cleared. Arson • Common Law: only included dwelling of another person. • Current statutes: include structure other than homes. • Willful, malicious burning of home, public or commercial buildings, vehicle, crops. • Considered more violent then B/E but Arson is fairly
  • 43. infrequent Juveniles account for the largest share of Arson 3 types of Juvenile fire starters -Playing with matches -Crying for help -Severely disturbed Adult Arsonists -Some mental issues = Pyromaniacs Need to look for the motive to classify others: -Revenge, jealousy, and hatred -Financial gain (mostly insurance fraud -Intimidation and/or extortion (often with organized crime) -Need for attention -Social protest -Arson to conceal other crimes -Vandalism and accidental fire setting 12/28/2021 1 Chapter 10: Violent Crimes -Slides and data in this outline are from Adler, Mueller, and Laufer (2007, 2013, 2018, & 2022); Siegel (2015); and modified by Manning (2007, 2013, 2015, 2018, & 2022).
  • 44. Violence is the use or threat of force. Homicide • Killing of human being by another. • Justifiable homicide: sanctioned by law (not always illegal then). • Criminal homicide • Murder: intentional killing of another person with malice aforethought. • First degree: premeditated and deliberate • Second degree: intentional without premeditation • Felony murder: intention to commit some other felony. 12/28/2021 2 Manslaughter Unlawful killing of another person without malice Voluntary Manslaughter • Killing committed intentionally but without malice. • Example: in the heat of passion or in response to strong provocation.
  • 45. Involuntary Manslaughter • Killing unintentionally but recklessly by consciously disregarding a substantial and unjustifiable risk. • Negligent homicide (some states) • Criminal liability for grossly negligent killing in situations where the offender assumed a lesser risk. • Diane Whipple killed in her hallway by neighbors dogs (Siegel, 2015). Homicide Rates in the United States • Homicide rates are high in USA but are steadily declining. • 2018 approximately 16,214 murders nationwide. • 5:100,000 in 2018; 4.5:100,000 in 2014 which was down 6.1% since 2005 • In 1994 it was 9:100,000 (Adler, et al., 2022). • Regional difference (cities like Chicago, Baltimore, Detroit over rural areas). • South accounts for 46% of homicides • Midwest 22% • West 19.9% • Northeast 11.9% • Cities like Chicago • 1950 most had jobs by 1990 only 1 in 3 had a typical work week. • 2016 Chicago had the highest homicide rates for any city in US history.
  • 46. • States: District of Columbia highest, South Carolina 1st, Florida 5th, Michigan 10th, and Maine lowest. 12/28/2021 3 Characteristics of Murder • Approximately 78% of murder victims are males. • Nearly half between 20-34 years old. • While USA doesn’t have highest homicide rates we do have highest rates for those under age 15. • Murder tends to be Intra-racial but not intra-gendered. • Approx. 90% blacks killed by blacks and 85% of whites by whites (Siegel, 2015). • Black women account for 75% of our nations female murders (Adler, et., 2022). • Stranger homicides only account for about 7.5% in 2018. • USA highest risk of being murdered by family and acquaintances. Characteristics of Murder cont’d
  • 47. • Gang Homicides • Attributed to social disorganization and lack of economic opportunity • Killers are generally younger • 2.5 X more participants. • Twice as likely to not know the victims • Increased by stander victims due to drive by shootings. 12/28/2021 4 Types of Murder • Serial Murder (serial killers): • killing of several victims over a period of time. • Sociopaths: lack internal controls, disregard values, and dominate others. • Up to 15% are women. • Men choose victims they render helpless while women choose the helpless. • Mass murder: • Killing of multiple victims in one event or in very quick succession. • Vegas strip mall Oct. 2017 with 59 dead, Orlando Pulse
  • 48. nightclub • Gang murder: • Killing of rival gang members over drugs and territory. Assault • Attack on a person with an apparent ability to inflict injury and is intended to frighten or to cause physical harm. • Battery: results in touching or striking the victim. • Simple assault: little to no physical harm. Verbal? • Aggravated assault: Serious harm on the victim or use of a deadly weapon. • Assaults are the most common violent crimes. • Often Family Related Crimes • Spouse abuse: as many as one out of every six couples at least once per year. • 60% yelling, slapping and pushing. Offender over 80% males for spouse murders. • Child abuse: 4.1 million reports (abuse/neglect) to Child Protection Services in 2018 • Elder Abuse: estimates of up to 2.5 million annually over age 65 • Physical abuse/neglect. Most common is Hygiene neglect (can be self neglect)
  • 49. 12/28/2021 5 Rape • Act of forced intercourse by a man on a women (other than the attacker’s wife) without here consent. • Stranger rape (classical rape most reported). • Occurs when the victim has had little or no prior contact with the offender. • Predatory rape – Use of deception or force to rape by pretending to engage in legitimate dating behavior. • Date rape – force used • Marital rape and Statutory rape • Characteristics of Rape (FBI UCR) • In 2018 there were 139,380 reported rapes to police, up from 2014 stats of 84,041. • As many as 25% of college female students • Approximately ½ of offender know their victims – (reported rapes). • Summertime higher risk. • Siegel (2015) says rape is violent coercive acts of aggression, not forceful expression of sexuality. Used as a weapon of war. • 50% power, 40% anger, and 5% Sadism Factors of Rape
  • 50. Psychological factors • Rapists suffer from mental illness or personality disorders. • Offences are committed due to anger, drive for power, or the enjoyment of maltreating a victim. Sociocultural factors • Societal norms that approve of aggression as a demonstration of masculinity. • Male socialization – doing gender • Social disorganization • societal norms. 12/28/2021 6 Kidnapping • Abduction and detention by force or fraud and transport beyond the authority of the place where the crime was committed. • Lindbergh Act - 1932 • The Act makes it is a felony to kidnap and transport a victim across a state or national
  • 51. border. • Subject to death penalty, unless the victim was released unharmed. • Often children are abducted by one parent from the primary care taker. Robbery • Taking of property from a victim by force and violence or by the threat of violence. • In 2018, 282,061 robberies (down from 1997). • In 1997, 497,950 robberies or 186:100,000 people. This was the lowest robbery rate since 1985. • Characteristics of Robbers. • Professional Robber • Opportunistic Robber • Addict Robber • Alcoholic Robber • In 2010: Sex 90% male, Age 60% under 25, Race half black & 45% white • Second degree felony up to ten years in prison (Adler, et al., 2022). • If attempt to kill – life • Average 6 years (punishment based on violence not property) (Siegel, 2015).
  • 52. 12/28/2021 7 Organized Crime • Many wealthy groups are speculated to have achieved wealth through unethical means of greed and exploitation. • Vanderbilt's & Rockefeller’s? • Sicilian Immigration to U.S. (1875-1920) from southern Italy (Sicily). • History of oppression by Roman, Arab, German, Spanish and French soldiers. • The law is for the rich, the gallows are for the poor and justice is for the fools. • Mafia (place of refuge) • Sicilian families that were loosely associated with one another in operating organized crime. • Illegal activities • Gambling, loan sharking, alcohol & drug trafficking, pornography, prostitution, labor racketeering, murder for hire, theft and fencing. • Then Infiltrated Legitimate businesses • Loading and unloading ships, fish and meat industries, liquor, vending machines, waste disposal, and construction. Organized Crime cont’d
  • 53. • Racketeer Influence and Corrupt Organization (RICO) Act • Attacked racketeering activities • Racketeering is a racket to make money for providing a corrupt service • Federal Witness Protection Program • Protected witnesses who testified in court against organized crime. • Includes other groups • Colombian, Bolivian, Peruvian and Jamaican crime families. • Motorcycle Gangs • Disillusioned veterans of the Korean War and Vietnam conflict. • Chinese – Triad • Israeli and Russian-Jewish Mafia • Japan’s Yakuza – “Tattooed Men” 12/28/2021 8 Terrorism • Groups resorting to violence or threat of violence against opposition of constituted authority. • Crucial to the terrorists’ scheme is the exploitation of the media to attract
  • 54. attention to their cause. • Worldwide destructive impact • Resulting in increased costs of security measures. • War against terrorism • Longest conflict/war US has very been in. • Costing around $700 billion per year USA alone • Global destabilization • Sustainability? Other Threats • Militias • Michigan Militia (over 10,000 members) • Stockpile weapons, build bombs • Linked to Training domestic terrorist Timothy McVeigh and Terry Nichols (1995 Oklahoma City bombing). • Hate Crimes • Stiffer penalties • School violence • Columbine 15 dead, VT shootings 2007, Sandy Hook elementary school, Florida Douglas High School.
  • 55. 12/28/2021 9 Gun Control Debate • Illegal gun ownership, gang membership, and drug use are closely related to gun crime, street crime, and minor delinquency • Gun Control • Aims to restrict availability of firearms. • Stiffer penalties, including mandatory sentences that take offenders off the streets. • Right to Bear Arms • second amendment right to defend oneself and others • Conceal and open carry decreases crime 1 SYG 2323 FINAL EXAM Course ______ ____Intro To Criminology Learning Outcomes In General, always be able to present a review of the key insights from any classroom video or activity connected to each chapter. Also, know the key terms and be
  • 56. able to explore the critical thinking questions at the end of each chapter. Upon completion of the assigned material, you should be able to: CHAPTER 10: Violent Crimes 1. Differentiate amongst the various categories of criminal homicide. 2. Explain the concept of victim precipitation. 3. Explain the difference between a simple assault and an aggravated assault. 4. Discuss the evolution of laws related to rape. 5. Discuss the characteristics of robbers. 6. Discuss the rise of organized crime, terrorism, hate crimes, militias, and violence in schools in the United States. 7. Discuss the relationship between violence and gun control. CHAPTER 11: Crimes Against Property
  • 57. 1. Discuss the elements of larceny. 2. Discuss the crossover of theft prevention measures designed for motor vehicles that are increasingly being used for boats and other watercraft. 3. Compare and contrast the various types of fraud. 4. Explain the various forms of auto insurance fraud. 5. Discuss the problems of detection and prosecution of high- tech crimes. 6. Discuss burglary and fencing. 7. Explain the role juveniles play in arson. 8. Explain the classification system of fire setters. CHAPTER 12: White-Collar and Corporate Crime 1. Discuss the various types of white-collar crime (and other economic crimes).
  • 58. 2. Describe the problems associated with defining and determining the frequency of corporate crime. 2 3. Explain the development of corporate criminal law in the United States. 4. Compare and contrast the models of corporate culpability. CHAPTER 13: Public Order Crimes 1. Describe the history of drug abuse in the United States. 2. Explain the development of drug control laws in the United States. 3. Discuss the international nature of the drug trade. 4. Explain the history of the legalization of alcohol in the United States. 5. Discuss some of the legal issues involved in dealing with pornography.
  • 59. CHAPTER 16: Enforcing the Law: Practice and Research 1. Discuss the professionalization of policing that was pioneered by Vollmer and Wilson. 2. Compare and contrast the various types of law enforcement agencies in the United States. 3. Explain the command structure, and the difference between line functions and non-line functions. 4. Discuss the three primary police functions. 5. Compare and contrast the various methods of community policing. 6. Discuss the six areas in which police departments have been found to be defective or deficient. CHAPTER 17: The Nature and Functioning of Courts 1. Describe the structure and functions of all of the courts in the U.S. Court System.
  • 60. 2. Explain the role of the trial judge at each stage of the trial. 3. Discuss the jury selection process. 4. Compare and contrast the philosophies and models of punishment. 5. Discuss the status of capital punishment in the United States, and how it compares to the rest of the world. 3 CHAPTER 18: A Research Focus on Corrections 1. Explain the development of corrections in the United States. 2. Compare and contrast jails and prisons. 3. Discuss competing explanations of the origin of prison culture.
  • 61. 4. Compare and contrast probation and parole. 5. Discuss the additional community alternatives to incarceration.