criminology unit 1: law and crime. types of law: civil law – “i’m going to sue you!!” civil...

CRIMINOLOGY

UNIT 1: LAW AND CRIME

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

Civil Law:

– Based on _____________ between those people (2 types):• EXPRESSED • IMPLIED

– Results if you win:• 1. INJUNCTION: • • 2. MONETARY:

• – LOWER BURDEN OF PROOF:

– Government provides the ___________________________; They have no other interest in the case

Unit 1: Crime and Law

Crime:

How do we define what actions are CRIMINAL? •Society (group) elects________________

•Lawmakers create laws about behavior•Government appoints agents of________________

•Citizens are _______________________ for breaking LAWS

Major issue in Civil Law:

• Do people sue for frivolous (poor) reasons and clog up the courts?

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

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

Criminal Law• Criminal law –

• GOVERNMENT vs. ___________________

•Two levels of Criminal Law: •Victims of crime are•

•The governments laws ___________________ and they are ____________ the case. The VICTIM is just

a_____________.

Crime and LawCrime and LawCrimeCrime::

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::

Accessory after the FactAccessory after the Fact::

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

• 1. Actus Reus = 1. Actus Reus =

• 2. Mens rea2. Mens rea = =

• some exceptions: some exceptions:

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

• EntrapmentEntrapment: :

• Police are not allowed toPolice are not allowed to

•

Measuring CrimeMeasuring Crime• Most Common Tool:Most Common Tool:

• Uniform Crime Report Uniform Crime Report (UCR):(UCR):**First First

*Annual statistical analysis*Annual statistical analysis.. *Compiled by the*Compiled by the

Problems with UCR:Problems with UCR:• LimitedLimited • MultipleMultiple

Problems with the UCR:

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

change to includechange to include

• Signifcance: Signifcance: • . . • . . •

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

New Crime MeasuresNew Crime Measures• National Incident Based Reporting System National Incident Based Reporting System

(NIBRS) “New UCR”(NIBRS) “New UCR”

• National Crimes Victims Survey National Crimes Victims Survey (NCVS)(NCVS)

Compiled by the Census BureauCompiled by the Census Bureau

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

– STATE:

– FEDERAL:

– Federal Law is

– Most criminals

NEW JERSEY STATE LAW: Non-Indictable offenses

• NJ does not classify crimes as ___________ (more than 1 year in jail) and _____________________ (more than 1 year in jail)

• NJ classifies crimes as:

• ____________________: Petty Disorderly Persons or Disorderly persons offenses (________________________________________)

• ________________: Fourth through First degree crimes (_________________________________________)

NJ:

• NJ LAW: PETTY DISORDERLY PERSONS OFFENSES (PDP’s)– __________________________ criminal charge

• Heard in _________________________• Max sentence: ___________• : Examples:

• NJ LAW: DISORDERLY PERSONS OFFENSES (DP’s)– __________severe criminal charge

• Heard in ______________________________• Max sentence _____________ in COUNTY JAIL• Examples:

Indictable offenses in NJIndictable offenses in NJ

  New Jersey New Jersey Degrees of crimeDegrees of crime

1) 1) First degree First degree; ;

MOST SERIOUSMOST SERIOUS

2) 2) Second degreeSecond degree;;

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

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

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 _________________ or related Occurs on _________________ or related to _____________________________to _____________________________

FEDERAL CRIMESFEDERAL CRIMES

22. Severe Crimes formally sanctioned by the US Congress:. Severe Crimes formally sanctioned by the US Congress:

**

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 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 Crime•

• . Other factors:. Other factors:

• • Some crimes have ______________sentences (NJ 85% Some crimes have ______________sentences (NJ 85%

served for 1served for 1stst and 2 and 2ndnd Degree) Degree)• The ___________________ has been abolished in New The ___________________ has been abolished in New

JerseyJersey

•Crime in the US reached a peak during theCrime in the US reached a peak during the

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

•Around 1992Around 1992

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. .

– 2. 2.

• 3. The Receding ___________Epidemic: When the 3. The Receding ___________Epidemic: When the _______ epidemic ended; crime decreased_______ epidemic ended; crime decreased

• 4. 4. Levitt’s most controversial theoryLevitt’s most controversial theory ____________________is a factor in the drop in ____________________is a factor in the drop in crime:crime:

– 1973 _________ became legal. 1973 _________ became legal. – Levitt theorized that unwanted babies, Levitt theorized that unwanted babies,

who____________________________________, were never who____________________________________, were never born. born.

– 18 years later,___________________________, 18 years later,___________________________, ________________________they weren’t there. ________________________they weren’t there.

– Political and Social _____________________Political and Social _____________________