Crime in America

1. You are innocent until proven guilty Crime in America Chapter 16

2. 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

3. 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

4. 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

5. 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…

6. 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

7. 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?

8. 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

9. 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

10. 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)

11. Crime, pt. 2 • Identifies most common crimes: • Most Common Arrest Category: • Men & women – Highest % • DUI (driving under influence) – alcohol/drugs • Larceny • Criminal mischief

12. 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

13. Criminology • The study of crime and the criminal justice system: • Police • Courts • prisons

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. “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).

22. “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

23. 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

24. 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…

25. 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.

26. 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

27. 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

28. 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

29. 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…

30. 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

31. 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

32. 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)

33. 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

34. 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.

35. 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

36. 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???

37. 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

38. 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

39. Capital, pt. 2 • Numbers…Spring2013: • 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

40. Death Penalty Types Have been used by US… Electric Chair Lethal Injection Gas Chamber Firing Squad Hanging

41. 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???

42. 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

43. 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

44. 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…

45. 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

46. 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!!!

47. 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)

48. 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

49. 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!