CRIMINOLOGY

UNIT 1: LAW AND CRIME

Civil Law: I’m going to SUE YOU!!Essential Question: What were you

supposed to do?

Why do people sue each other? When can you sue someone? Do people file too many lawsuits? What is the difference between Civil Law

and Criminal Law?

TYPES OF LAW: Civil Law – “I’m going to sue you!!”

Civil Law: Laws regulating relationships between individuals;

Based on contracts between those people (2 types):• EXPRESSED (written or spoken) WARRANTY/GUARANTEE• IMPLIED (understood) e.g. HOUSE GUEST

Results if you win:• 1. INJUNCTION: You stop someone from doing something (NFL

LINK) • 2. MONETARY: People pay you because they failed to honor their

obligation or contract• NO PRISON SENTENCES FROM CIVIL CASES!!!

LOWER BURDEN OF PROOF: You can win with a PREPONDERANCE (majority) of the evidence.

Government provides the COURT and JUDGE; They have no other interest in the case

Major issue in Civil Law: TORT (civil wrong) REFORM

Do people sue for frivolous (poor) reasons and clog up the courts? Top 10, lawyer video

If we limit people’s ability to sue, do we deny them their right to just compensation medical malprac

for injury and loss?

TORT REFORM: Who benefits?

Two major competing interests: LAWYERS: generally opposed to TORT

reform. Why? INSURANCE COMPANIES: support

TORT reform. Why? Both groups advocate aggressively to

support their positions

Unit 1: Crime and Law?

Crime: an ILLEGAL act punishable by the government

How do we define what actions are CRIMINAL? Society (group) elects lawmakers

Lawmakers create laws about behaviorGovernment appoints agents of ENFORCEMENTCitizens are PUNISHED (sanctioned) for breaking

LAWS

Criminal LawCriminal law – laws defining acts

subject to fines & imprisonment. GOVERNMENT vs. Defendant (accused)

Two levels of Criminal Law: STATE / FEDERAL Victims of crime are NEVER the PLAINTIFFS

(ACCUSERS). The governments laws were broken and they are

prosecuting the case. The VICTIM is just a bystander.

CRIME AND LAWCRIME AND LAWCrimeCrime: Deviant behavior : Deviant behavior formallyformally negatively negatively sanctioned (prison or fines) by a social group.sanctioned (prison or fines) by a social group.

Helping another plan or cover up a crime is also punishableHelping another plan or cover up a crime is also punishable::

Accessory before the FactAccessory before the Fact: helps plan the : helps plan the criminal act but does not participate in the crime.criminal act but does not participate in the crime.

Some states call this “conspiracy”Some states call this “conspiracy”

Accessory after the FactAccessory after the Fact: a person who : a person who knowing a crime has been committed helps the knowing a crime has been committed helps the

criminal avoid capture and prosecution criminal avoid capture and prosecution

Elements of a Crime: What Elements of a Crime: What makes something a crime?makes something a crime?

1. 1. ActActus Reus = The act of us Reus = The act of committing a crimecommitting a crime

2. 2. MMens reaens rea = guilty = guilty mmind. ind. CRIMINAL CRIMINAL INTENTINTENT are you capable of knowing are you capable of knowing right from wrong? right from wrong? some exceptions: some exceptions: mental state, mental state, age, age, cognitive abilitycognitive ability – (mental retardation) – (mental retardation)

Can you be guilty and innocent Can you be guilty and innocent at the same time?at the same time?

EntrapmentEntrapment: Compelling : Compelling someone to commit a crime someone to commit a crime not initially contemplated by not initially contemplated by him or her.him or her.

Police are not allowed to Police are not allowed to entrap citizens in criminal actsentrap citizens in criminal acts

Measuring CrimeMeasuring Crime Most Common Tool:Most Common Tool:

Uniform Crime Report Uniform Crime Report (UCR):(UCR):**First national crime report First national crime report

*Annual statistical analysis of all crimes reported *Annual statistical analysis of all crimes reported to the police.to the police.

*Compiled by the FBI (Federal Bureau of *Compiled by the FBI (Federal Bureau of Investigation) from local PD’sInvestigation) from local PD’s

Problems with UCR:Problems with UCR:• Limited to crimes reported to policeLimited to crimes reported to police• Multiple crime events listed singly Multiple crime events listed singly (i.e. shooting during (i.e. shooting during

a robbery listed only as a shooting)a robbery listed only as a shooting)

Problems with the UCR:Definitions of Crimes CHANGE.

• For example:For example:• RECENT DEVELOPMENT: Definition of RAPE to RECENT DEVELOPMENT: Definition of RAPE to

change to include change to include menmen and women. Molestation and and women. Molestation and abuse of boys had previously never been counted as abuse of boys had previously never been counted as raperape

• Signifcance: Signifcance: • -Only ¼ of rapes are reported. -Only ¼ of rapes are reported. • -Rape statistics will rise in the future. -Rape statistics will rise in the future. • -More support for rape victims -More support for rape victims

• Which crime do you think is reported most Which crime do you think is reported most accurately?accurately?

• MURDER!MURDER!

New Crime MeasuresNew Crime Measures

National Incident Based Reporting System National Incident Based Reporting System (NIBRS) “New (NIBRS) “New UCR”UCR”

More specific than UCRMore specific than UCRIdentifies more types of crimeIdentifies more types of crimeNot as widely adopted as the UCRNot as widely adopted as the UCR

National Crimes Victims Survey National Crimes Victims Survey (NCVS)(NCVS)-Compiled by the Census Bureau-Compiled by the Census Bureau-Identifies crimes not reported to the police: Sexual -Identifies crimes not reported to the police: Sexual Assault, domestic violence, petty theftAssault, domestic violence, petty theft

-Often shows twice as much crime as the UCR-Often shows twice as much crime as the UCR - Reports titled “Households touched by Crime”- Reports titled “Households touched by Crime”

STATE AND FEDERAL LAW All US citizens are subject to two levels of laws:

STATE: Every state creates their own laws• Page 3-4 Marijuana Laws

FEDERAL: The Federal Government makes law for all 50 states

Federal Law is SUPREME

Most criminals are state and local offenders (over 80% of our 2 million prisoners are in local or STATE Prison)

NEW JERSEY STATE LAW: Non-Indictable offenses

NJ does not classify crimes as FELONIES (more than 1 year in jail) and MISDEMEANORS (more than 1 year in jail)

NJ classifies crimes as:

Non-Indictable: Petty Disorderly Persons or Disorderly persons offenses (EVERYONE ELSE CALLS THESE MISDEMEANORS)

Indictable: Fourth through First degree crimes (EVERYONE ELSE CALLS THESE FELONIES)

NJ: Non-Indictable Offenses NJ LAW: PETTY DISORDERLY PERSONS OFFENSES (PDP’s)

Least severe criminal charge• Heard in MUNICIPAL COURT• Max sentence: 30 days• : Examples:

Harrassment Disorderly Conduct

NJ LAW: DISORDERLY PERSONS OFFENSES (DP’s) Less severe criminal charge

• Heard in MUNICIPAL COURT• Max sentence 180 days in COUNTY JAIL• Examples:

Simple Assault (fighting) Marijuana possession (under 50 grams) Theft under $200

Crime RESOURCE PACKET PAGES 16-18

Indictable offenses in NJ:Indictable offenses in NJ:HEARD IN SUPERIOR COURTHEARD IN SUPERIOR COURT

  New Jersey Degrees New Jersey Degrees of crimeof crime

1) 1) First degree First degree; ; MOST SERIOUSMOST SERIOUSPrison: between 10 years and Prison: between 10 years and LIFE (85% MANDATORY)LIFE (85% MANDATORY)““Felony”Felony”

2) 2) Second degreeSecond degree; ; Prison: between 5 and 10 years Prison: between 5 and 10 years (85% MANDATORY)(85% MANDATORY)

““Felony”Felony”

3) 3) Third degreeThird degreePrison: between 3 and 5 yearsPrison: between 3 and 5 years

• “ “Felony”Felony”

4) 4) Fourth degree = Fourth degree = LEAST SERIOUS LEAST SERIOUS

Prison max: 18 months Prison max: 18 months

•Usually a Usually a “misdemeanor“misdemeanor” ” (less than a year in jail)(less than a year in jail)

FEDERAL CRIMEFEDERAL CRIME::

Certain Crimes are deemed FEDERAL OFFENSESCertain Crimes are deemed FEDERAL OFFENSES

What makes something a FEDERAL OFFENSE?What makes something a FEDERAL OFFENSE?

1. 1. Occurs on FEDERAL PROPERTY or related to FEDERAL Occurs on FEDERAL PROPERTY or related to FEDERAL AGENCIESAGENCIES

*Military Base*Military Base*Indian Reservation*Indian Reservation*Crosses STATE BORDERS*Crosses STATE BORDERS*Mail FRAUD of any kind*Mail FRAUD of any kind

FEDERAL CRIMESFEDERAL CRIMES2. Severe Crimes formally sanctioned by the US 2. Severe Crimes formally sanctioned by the US Congress:Congress:

*KIDNAPPING*KIDNAPPING*BANK ROBBERY*BANK ROBBERY*COUNTERFEITING*COUNTERFEITING*DRUG CRIME (“Kingpin”, Large scale drug manufacturing)*DRUG CRIME (“Kingpin”, Large scale drug manufacturing)*TERRORISM*TERRORISM*HATE CRIMES (Specified)*HATE CRIMES (Specified)*CRIMINAL ORGANIZATIONS *CRIMINAL ORGANIZATIONS (Organized Crime)(Organized Crime)*CERTAIN WEAPONS CHARGES (machine guns / *CERTAIN WEAPONS CHARGES (machine guns /

silencers)silencers)*PROTECTED WILDLIFE*PROTECTED WILDLIFE*MARITIME CRIME (Crime on the high seas)*MARITIME CRIME (Crime on the high seas)*AIR TRAVEL (Crimes related to traveling or interfering with *AIR TRAVEL (Crimes related to traveling or interfering with

air travel)air travel)*INTERNET FRAUD / CRIMES*INTERNET FRAUD / CRIMES*TAX EVASION*TAX EVASION*STOCK AND BOND TRADING VIOLATIONS*STOCK AND BOND TRADING VIOLATIONS*IMMIGRATIONS VIOLATIONS*IMMIGRATIONS VIOLATIONS

FEDERAL LAW ENFORCEMENT AGENCIESFEDERAL LAW ENFORCEMENT AGENCIES

FBIFBI: Federal Bureau of Investigation: Premier federal law : Federal Bureau of Investigation: Premier federal law enforcement agencyenforcement agency

USSSUSSS: United States Secret Service: Protection and : United States Secret Service: Protection and Financial security (counterfeiting and credit fraud) Financial security (counterfeiting and credit fraud)

US Marshal ServiceUS Marshal Service Captures Federal fugitivesCaptures Federal fugitives Department of Homeland Security (DHS)

United States Coast Guard (USCG) United States Customs and Border Protection (CBP)

• United States Border Patrol (USBP) United States Border Patrol (USBP) United States Immigration and Customs Enforcement (ICE) United States Immigration and Customs Enforcement (ICE) Transportation Security Administration (TSA) Transportation Security Administration (TSA)

• Federal Air Marshal Service (FAMS) Federal Air Marshal Service (FAMS) Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Drug Enforcement Administration (DEA)Drug Enforcement Administration (DEA)

Sentencing for CrimeSentencing for CrimeJudges / Juries decide how long you serve / pay Judges / Juries decide how long you serve / pay

based on allowable sentence ranges. Other factors:based on allowable sentence ranges. Other factors: Severity of the crimeSeverity of the crime Their personal opinionsTheir personal opinions

90% of cases are Plea “bargained”90% of cases are Plea “bargained”Some crimes have Some crimes have MANDATORYMANDATORY sentences (NJ sentences (NJ

85% served for 185% served for 1stst and 2 and 2ndnd Degree) Degree)The DEATH PENALTY has been abolished in New The DEATH PENALTY has been abolished in New

JerseyJersey

•Crime in the US reached a peak during the Crime in the US reached a peak during the crack years(crack years(1980’s-1992)1980’s-1992)

•Experts predicted that crime would continue to Experts predicted that crime would continue to increaseincrease

•Around 1992 crime rates began falling Around 1992 crime rates began falling dramaticallydramatically

WHY????????WHY????????

THEORIES FOR CRIME DROP:

1. Stronger Economy: less poor = less crime

2. Changing population: Baby Boomers getting older; huge population segment no longer criminally active

3. Better Policing Strategies: Computer analysis of crime, Nuisance crime initiative, etc.

4. Gun Control Laws: stricter gun laws = less crime

5. Allowing concealed weapons: Sounds logical , no evidence of impact

6. Capital Punishment: more executions scared potential criminals

WHEN TESTED THESE THEORIES WERE FOUND INCONCLUSIVE

Economist Stephen Levitt investigated the Economist Stephen Levitt investigated the data and reached different conclusions. data and reached different conclusions. According to Levitt’s research crime According to Levitt’s research crime plummeted because:plummeted because: 11. More Police. More Police: 60,000 more police : 60,000 more police

officers added during the 1990’sofficers added during the 1990’s 2. 2. Rising Prison PopulationRising Prison Population: By 2000 more : By 2000 more

than two million people were in jail, 4x than two million people were in jail, 4x more than 197more than 1972. 2.

3. The Receding Crack Epidemic: When the 3. The Receding Crack Epidemic: When the crack epidemic ended; crime decreasedcrack epidemic ended; crime decreased

4. 4. Levitt’s most controversial theoryLevitt’s most controversial theory Legalized Legalized Abortion is a factor in the drop in crime:Abortion is a factor in the drop in crime:

1973 abortion became legal. 1973 abortion became legal. Levitt theorized that unwanted babies, who statistically Levitt theorized that unwanted babies, who statistically

were at greatest risk for criminal behavior, were never were at greatest risk for criminal behavior, were never born. born.

18 years later, when they would have embarked on their 18 years later, when they would have embarked on their adult criminal life, they weren’t there. adult criminal life, they weren’t there.

Political and Social DYNAMITEPolitical and Social DYNAMITE