Defining and Measuring Crime

1. Defining and Measuring Crime Mr. Whitaker

2. Get Used to Latin Words

3. Vocabulary • Actus Reus (ak-tus ray-uhs)—Criminal conduct—intentional or criminally negligent (reckless) action or inaction that causes harm • Civil Law—a means of resolving conflicts between individuals. • Corpus Delicti—the body of circumstances that must exist for a criminal act to have occurred. • Dark Figure of Crime—the number of crimes not officially recorded by police • Hate Crime Law—a statute that provides for greater punishments against those who commit crimes against an individual or a group based on human differences.

4. Vocabulary • Index Crimes—those crimes reported annually by the FBI in its Uniform Crime Report. Index crimes include murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, and arson. • Mala in Se—a descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law. • Mala Prohibita—a descriptive term for acts that are made illegal by criminal statute and are not necessarily wrong. • Mens Rea (mehns ray-uh)—criminal intent; a guilty state of mind

5. Vocabulary • Negligence—the failure to take reasonable precautions to prevent harm • Self-Reported Surveys—a method of gathering crime data that relies on participants to reveal and detail their own criminal or delinquent behavior. • Strict Liability—certain crimes, such as traffic violations, in which the defendant is guilty regardless of her or his state of mind at the time of the act. • Uniform Crime Report (UCR) An annual report compiled by the FBI to give an indication of criminal activity in the United States. • Victim Surveys—a method of gathering crime data that directly surveys participants to determine their experiences as victims of crime.

6. Vocabulary Civil Law- The branch of law dealing with the enforcement o all private or public rights, as opposed to criminal matters. Mala in Se-a descriptive term for acts that are inherently wrong, regardless of whether they are prohibited by law. Mala Prohibita-adescriptive term for acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves.

7. To teach the social expectations of society To protect citizens from “criminal harm” and punish wrong doers To express the judgment of community condemnation Purpose of Criminal Law

8. Criminal Law Offenses against society as a whole Wrongful Act – violation of a statute that prohibits some type of activity Party who brings the suit – The state Party Who Responds – personal who allegedly committed the crime Standard of Proof – beyond a reasonable doubt Punishment (fine or imprisonment) Criminal Law V Civil Law

9. Area of Concern – rights and duties between individuals Wrongful Act – harm to a person Party who brings the suit – person who suffered harm Party Who Responds – person who supposedly caused the harm Standard of Proof – preponderance of the evidence Remedy – damages to compensate for the harm Civil Law

10. Felony More serious or atrocious than a misdemeanor Punishable by death or imprisonment in a penitentiary Misdemeanor A less serious crime Punishable by fine or imprisonment otherwise than in a penitentiary Felony Versus Misdemeanors

11. Murder a. Definitions vary, but first degree when: 1.It is premeditated (Malice) 2.It is deliberate Manslaughter lacks malice 2.Voluntary manslaughter includes intent to kill but not the malice. 3.Involuntary manslaughter includes negligent acts without intent to kill.

12. Misdemeanors a. Gross misdemeanors which are generally punishable by thirty days to one year in jail. b. Petty misdemeanors which are generally punishable by less than thirty days in jail. Violations usually include traffic offenses. 1. Generally do not involve jail time. 2. Usually result in fines. 3. Do not go on criminal record.

13. Mala in se “Natural laws” Acts against the “natural, more and public principles of a society” Mala prohibita “Man made law” Acts that are considered criminal only because they have been codified Social Functions of Law

14. Activity • List five crimes in each category on your outline notes • Mala in Se • Mala in Prohibita

15. Elements of a Crime • Harm • Legality • Actus Reus • Mens Rea • Causation • Concurrence • Punishment

16. Harm The external consequence required to make an action a crime • Harm must require physical or verbal action • Thinking without action is not a crime

17. Is This Considered Harm? • Victimless Crimes • Prostitution, Drugs, etc…

18. Legality • The harm must be legally forbidden for the behavior to be a crime • Ex post facto 1. An act that was illegal when it was committed

19. Legality Question • Are Religious, Union, Home associations, or school rules crimes?

20. Actus Reus • Criminal conduct—intentional or criminally negligent (reckless) action or inaction that causes harm • Involves things people do and do not do

21. Mens Rea • Criminal Intent or a guilty state of mind • Intentional or purposeful action or inaction • Mental aspect of a crime • Negligence—failure to take reasonable precautions to prevent a crime • Reckless action

22. What do you need to establish Mens Rea? • Purpose • Knowledge • Negligence or • Recklessness

23. Causation • The criminal act must lead directly to the harm without a long delay • Father incident • Reasons why?

24. Why Causation? • To prevent from facing the threat of criminal charges the rest of their lives.

25. Concurrence • Criminal conduct and intent must occur together • Repair man example

26. Punishment • In order to be a crime, a law must have a punishment for the broken law. • Without the threat of punishment a law is unenforceable