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Criminal Law part 1: Crime in America

Criminal Law part 1: Crime in America. Mr. Garfinkel 1/27/14. What is Crime?. A crime can be defined as something one does or fails to do in violation of a law (pg. 70) Crimes (just like all other laws) are decided by legislatures.

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Criminal Law part 1: Crime in America

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  1. Criminal Law part 1: Crime in America Mr. Garfinkel 1/27/14

  2. What is Crime? • A crime can be defined as something one does or fails to do in violation of a law (pg. 70) • Crimes (just like all other laws) are decided by legislatures. • Ideally, certain acts are made illegal in order to protect people’s safety, property or freedom. (Remember the goals of law)

  3. Problem 7.1 pg. 71: Let’s discuss each of these and vote on whether you think that each item should be considered a crime.

  4. Chart of Crime in America, 1996 (pg. 72)

  5. Decline of Crime in America • In the early 1990s, people in America were very scared about crime rates. • Over the past 20 years, crime has declined markedly.

  6. The Decline of Crime in America http://online.wsj.com/news/articles/SB10001424052702304066504576345553135009870 Some Proposed reasons: • Better policing: Community Emphasis and “Broken Windows” • More criminals in jail already: America has the highest incarceration rate of any industrialized country • Young people a smaller percentage of population • Better social programs • Many others...

  7. Gangs and Crime Let me ask you, probably bigger experts than I am… • What are gangs? • Who joins gangs? • Why do people join gangs? Problem 7.5 (pg. 79)

  8. Guns • 2nd amendment: “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.” • Interpretations of this law are controversial • The “Brady Act” passed in 1993 created a federal background check system for those looking to buy guns

  9. Pg. 82: problem 7.7 Take a look at these questions and try to think of arguments on both sides of the issues (I know it might be tough).

  10. The Supreme Court and Guns • The S.C. had not used the 2nd Amendment to strike down gun control legislation until District of Columbia v. Heller and then McDonald v. Chicago. • In these cases, the court ruled 5-4 that the 2nd Amendment applied to an individual’s right to bear arms.

  11. Alcohol • The most widely abused substance in the U.S. • Socially acceptable, ubiquitous, legal (if you’re over 21) • Annual cost of alcohol abuse to U.S. society estimated at over $100 billion • Alcohol a factor in ~40% of violent crimes, especially domestic violence

  12. Drunk Driving • Legally called Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) • Some states use one term, others the other. • In states that use both, DWI usually refers to driving intoxicated of alcohol and DUI is when the driver is influenced by alcohol or drugs. • Refers to a person’s Blood Alcohol Level or BAC • States are getting tougher with what BAC level constitutes intoxication: used to be .10 g/dl, not .08 g/dl in most places. • Almost always no tolerance for those under 21: if you have any alcohol at all in your system, you can be changed for a DWI/DUI

  13. Drunk Driving stats • Approximately 40% of highway deaths • 17 million people admitted to drinking and driving in a 2009 survey • An average drunk driver has driven drunk 80 times until their first arrest • Drunk driving rate is highest among people aged 21-25 • In 2012, 10,322 people were killed in the U.S. from drunk driving, one ever 51 minutes Stats from Street Law and MADD.org

  14. Alcohol Laws • Must be 21 to consume alcohol in every state • National Minimum Drinking Age Act (1984), Congress said raise the age to 21 or lose federal highway funds • Laws vary widely from state to state about how/where/when alcohol can be purchased • Arizona: almost no restrictions • Utah: extreme restrictions • In most states, DWI/DUI a misdemeanor offence for the first time, a felony for 2nd offense.

  15. Alcohol Policy Imagine you are creating new laws for a new state, what do you think would be the most effective alcohol policy? How would kids respond to this?

  16. Drugs • Between 50-75% test positive for one or more drugs at the time of their arrest • Costs society billions of dollars a year • Controlled Substances Act classifies drugs into 5 categories with varying punishments depending on their severity

  17. Drug Laws • Penalties harsher recently than in the past • Differing opinions on how to solve all of the ills associated with drugs • Some favor stronger penalties/enforcement • Some favor legalization and regulation • Others think the system should focus on rehabilitating drug users • Almost all favor prevention programs at a young age.

  18. Drug Policy What do you think is the best way to prevent drug usage? What is the best way to ameliorate the negative effects of drug use on society?

  19. Victim’s Rights • Victims often forgotten in the criminal justice system • Over 36 million people in the U.S. victimized a year (per Street Law) • Teens are the most likely to be a victim of a crime • 77% of murder victims were male, 48% were African American • African Americans twice as likely to be the victim of a violent crime

  20. Victim’s Rights (cont.) • Courts sometimes order restitution- criminals compensating victims • Often used in financial crimes • However, tough to get the criminal to pay. (Wolf of Wall Street) • MADD is an example of a “victims’ advocacy group”- try to change laws to help prevent crime/help victims of crime.

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