Crime in America

Chapter 16

You are innocent until proven guilty

What is Law?

• Law: set of rules and standards by which a society governs itself

• Law defines individual rights and responsibilities

• Law establishes the “rules of the game”

• No person is (or should) be above the law

Influences on Law

• 1. Code of Hammurabi– Earliest written form of law– 1792-1750 BC (King of Babylon)

• A collection of “common laws” – 282• Specified punishments• Identified

– Criminal acts – Civil laws– Property crimes– Family law

Influences, pt. 2

• 2. Ten Commandments– System found in Bible (Moses rec’d. from

God) on Mt. Sinai– 13th Century BC– Identified morality as basis

Influences, pt. 3

• 3. Constitutional Law– Most fundamental and important source of all

law in US– Representative democracy

• Outlines our structure of government• Set forth basic rights for citizens

– US Supreme Court is ultimate authority• Decides what is constitutional…

Influences, pt. 4

• 4. Statutory law– Law written by legislative branch of

government• Based loosely on Roman*** laws

– ***poor Romans demanded laws be written down so all could see, know and understand

– Twelve Tables – posted in Forum (city center) – 450 BC– Those laws were used for +1,000 years

» 350 AD Justinian (Roman leader) revamped laws to simplify the code: Justinian Code

Influences, pt. 5

• Statutes (laws) written by states/cities are called ordinances. Limit citizen’s behavior:– Speed limits– Rules for food inspection/usage– Minimum wage for workers– Age for driver’s license– Social security access?

Influences, pt. 6

• 5. Napoleonic Code (France)– Took Justinian Code/reworked 1804– Became model for Europe’s legal system– Adopted by Louisiana & French Canada

• They had been colonized by France

Influences, pt. 7

• 6. Common Law– single, most important basis for American legal

system– Laws written after cases decided by judges (issues

that others might have)– Set precedent (future questions)– “stare decisis” Latin for let the decision stand– English colonist brought common law to America,

before 1776

Crime

• Crime is any act that breaks the law and there is a punishment for it

• Criminal – any person who commits a crime• FBI (Federal Bureau of Investigation)

– Collects data and tracks the types and numbers of crime in America

– Universal Crime Report (UCR)• Felonies (serious crimes)• Misdemeanors (minor crimes)

Crime, pt. 2

• Identifies most common crimes:

• Most Common Arrest Category:

• Men & women – Highest %– DUI (driving under influence) – alcohol/drugs– Larceny– Criminal mischief

Crime, pt. 3

• 2nd level crime committed:– Liquor law violations (underage drinking)– Assault– Disorderly conduct

• 3rd level crime (least amount reported)– Murder– Arson– Embezzlement– Justifiable homicide: killing of a felon by police officer

or the killing of a felon by private citizen during a felony

Criminology

• The study of crime and the criminal justice system:– Police– Courts– prisons

Tendencies…

• Crimes for men typically…– Major property crimes– More violent types

• Crimes for women typically…– Bad checks– Credit card fraud– Drugs (sales/use)– Other non-violent types

Violent Crime

• Any crime against a person that involves the use of force:– Rape– Murder– Those who harm a person

• Threaten to kill someone• Do them bodily harm

Numbers…

• UCR Report 2012 (most recent)

• Violent crime up .7% from 2011

• Nationally:– 14,827 murdered (up 1.1%)

• 43% south• 21% west• 21% Midwest• 14% northeast

Numbers, pt. 2

• Nonviolent property crimes up to $15.5 billion in value loss.

• Oklahoma: OSBI UCR– 139,319 total crimes reported

• 191 murdered 2012– 3 Durant, 2,700 total crimes

» Reported, pop. 16, 026

Violent Crimes - Types

• 1. Aggravated assault– Intentional injury upon another person– Can occur in the commission of another crime

• 2. hate crimes– Injury to another because of prejudice carried against

other people• Gay community (high %) affected

• 3. rape– 3rd most common type– Unwanted sexual attack on body of another

Property Crimes - Types

• 1. Burglary– Forcible, illegal entry into someone’s home with the

intent to steal something

• 2. larceny– Theft of property without the use of force against

another person

• 3. motor vehicle theft– Taking car from someone without their permission**

• Gang members steal to use car in another crime

Property, pt. 2

• 4. Robbery– Crime that can involve both people and

property; might involve a threat of violence against another person (mugging)

• 5. Vandalism– Willful destruction of property (tagging)

• 6. Arson– Destruction of property using fire

“Victimless” crimes???

• Illegal gambling

• Drug abuse

• The “victim” is the person doing the crime…does not harm others.

• Can lead to other criminal acts (which does hurt others).

“White-Collar” crimes

• Non-violent, breach of trust crimes• 1. embezzlement

– Theft or misuse of $$ by person trusted by another

• 2. fraud– Cheating someone out of $$, property

• 3. cybercrimes– Stealing identity of someone else (Identity Theft)– Using technology/computer

Other Criminal Activities

• Organized Crime (Crime Syndicates)– Profit made from illegal activities

• Gambling• Alcohol/drug sales• prostitution

• Political Crime– Illegal or unethical acts involving elected officials

• Kickbacks• Bribery• Insider dealing

Reasons for Crime

• 1. Poverty– When people starve, more likely to commit a

criminal act to live

• 2. Illegal drug addiction– Stealing to support habit becomes necessary

to the addict

• 3. Permissive society– Parents fail to tell kids “no”-you can’t have

everything you want…

reasons, pt. 2

• 4. Urbanization– Major movement into cities

• Higher access to illegal activities• Larger # of potential victims

• 5. Technology– Ease of access to computers– Lower educational level (lead 1 to crime)

• 6. Social Change– Joining “gang” for substitute family

• Family structure of current society not as stable…sometimes.

National Crime Bill

• Passed 1994: has 5 parts

• 1. added police officers

• 2. expanded prison system

• 3. gave tougher penalties for crimes

• 4. increased # crimes eligible for conviction (prison time)

• 5. 3-strikes rule

Criminal Justice System - Police

• 6 duties:– 1. to protect life and property– 2. prevent crime– 3. arrest people who violate the law– 4. protect rights of people– 5. maintain order– 6. control traffic

Police, pt. 2

• Must undergo before being hired:– Complete background investigation– Full psychological evaluations (MMPI)– Physical agility tests– Strict training program

• Oklahoma (CLEET); facility at Ada– Council of Law Enforcement and Education Training

Arrest me????

• Before making any arrest, officers must:– Have probable cause to believe crime was committed– Request arrest warrant signature from a judge– Upon arrest, Miranda Rights should be read to

suspect– Suspect taken to jail, photographed, fingerprinted,

national data base checked, and booked into jail***– ***arrest time to court time can be longer than is

comfortable for some…

Criminal Justice System (1)

• 1. preliminary hearing• Judge reads formal charges• Suspect formally arraigned

– Suspect enters plea: guilty or not guilty• Judge decides if bail is option

– Bail is $$ or property put up to get out of jail-for the time being– Judge might say no bail allowed

» You stay in jail» Considered “flight risk” (you might runnoft)

– Judge might say no bail required» (out on “own recognizance” – promise be good)

– Judge may set bail amounts based on:» Nature of crime» Recommendation from District Attorney» Request from defense attorney

Trial phase (2)

• If judge “binds over” for trial:• Jury selection is first action of trial.

– Both attorneys choose jury members• Jury pool (local registered voters)

• Prosecution generally begins trial with opening remarks about case.

• Defense attorney speaks for suspect.– Defendants cannot be forced to testify against

themselves (5th amendment) spouses also have protection against testifying

Trial, pt. 2

• Trial may take up to ??? Days.

• When both attorneys finished with witnesses and case presentation, judge gives instructions to jury:– What charges are– What punishments are appropriate– Jury begins deliberations (make their

decision-in private)

Jury time

• 2 choices:– Guilty

• Must be unanimous that suspect guilty “beyond a shadow of a doubt”

– Acquit (Not guilty)• Set suspect free immediately

– “Hung Jury” – last option• If jury cannot totally agree, sometimes “Mistrial”

declared and another trial set

Sentencing (3)

• If defendant found guilty, must be sentenced.– Juries make recommendations for

punishments to judge…but

• Some states have mandatory punishments for certain crimes.– Judges have option to finalize punishments

• At sentencing, both attorneys are present + the guilty person.

Sentencing, pt. 2

• Plea bargain might be offered…defense attorney’s continue to try to get their client the best possible choice for punishment.

• Punishment begins when offer accepted• Prison is only option for serious crimes• For less serious crimes, judge might impose

lighter sentence.– County jail time– Fine– Probation– Or all three

Corrections (4)

• Prison Time

• Most Americans agree:– Dangerous criminals should be locked up…

• Most prisons overcrowded• Prison changes people• Sometimes “rehabilitation” doesn’t happen there• “cruel and unusual” punishment???

Parole/Probation (5)

• Final chain in system…after serving a portion of the sentence.

• Allows felon to prove prison lessons learned• Reduces prison population• Parole board interviews felon

– Free them or keep in jail???– If freed, felons must report regularly to Probation

Officer (PO) every month– Felons must get paying job and report any changes to

PO immediately

Capital Punishment

• Death penalty– Spring 2013 (most recent ##)– 34 states have death penalty

• Oklahoma uses lethal injection

– US Government and US military also have death penalty

• Most severe form of punishment

Capital, pt. 2

• Numbers…Spring 2013:

• Death Row Census

• 3,108 people on death row across America– 1,341 White 3,046 Men– 1,300 Black 62 Women– 369 Hispanic– 68 Others

Death Penalty TypesHave been used by US…

Lethal Injection

Gas Chamber

Firing Squad

Electric Chair

Hanging

Juvenile Crime

• A young person under the age of 18

• “juvenile delinquent”

• Late 1870’s courts realized kids did not realize full meaning of actions: should not get full punishment

• Created juvenile system to get kids out of circumstances that lead them to commit crime???

Causes of Juvenile Delinquency???

• 1. poor home life conditions– Parents don’t take care of kids– Parental alcohol/drug abuse– Parents are criminals– Parents are abusing the kids

• 2. bad neighborhoods– High % crime and poverty rates– Kids exposed to violence– Low amount of job opportunities

Causes, pt. 2

• 3. gang membership– Gangs offer “family” protection– Support each other, even in criminal acts– Gangs very often involved in murder/illegal

drugs (sales/use)

• 4. high drop out rates– Lack of education and social skills– Kids make bad choices– Lower job opportunities for drop outs

Causes, pt. 3

• 5. alcohol and drug abuse– Bad decision making skills– Kids under influence do things wouldn’t

ordinarily do– Need $$ to support the habit so they steal or

prostitute themselves

• 6. peer pressure– If you hang out with delinquents, it’s easy to

become one…

Re: Gault

• 1967 Supreme Court Case

• Changed the way kids are tried in courts

• Created juvenile justice system– Juvenile courts (not adult style)– Kids, parents and law enforcement only

allowed in (protect kid)– Judge listens to entire story and makes

decision what to do with kid offender

Judicial Suggestions…

• Judges might order these:– Don’t use drugs and or alcohol– Stay in school– Fight peer pressure– Learn to say no– Live a full, happy life– Avoid the criminal justice system altogether!!!

Juvenile Punishments

• 1. Placement in foster care– Take the kid out of situation at home – Abusive/unprotective parents

• 2. Juvenile Corrections– Facilities for serious offenders– Prison for kids– “boot camp” style

• Thunderbird Academy (Pryor, OK)

Punishments, pt. 2

• 3. probation– Period of time to prove they’ve reformed (supervised

by PO)– Must obey strict rules of behavior– Stay away from negative people and influences– Report to PO regularly

• 4. counseling– Juvenile is given case worker they see regularly to

teach them life skills/anger management/crisis management

Punishment, pt 3

• 5. Adjudicated as Adult– Most serious decision made about a juvenile;

no longer gets protection of being a kid.– Judge can decide if crime is serious enough– Kid can be treated like adult– Kid is over 14 and accused of felony– Statistics prove that sending kids to adult

prison does not help them!