Introduction to Criminal Justice

1. Introduction to Criminal Justice Chapter 3A

2. Criminal Law Defined • Criminal Law protects society from harm by preventing and prosecuting crimes. • Crime is an act so reprehensible it is considered a wrong against society. • State prosecutes a person who commits a criminal act. • Persons found guilty are punished by the government.

3. Civil Law Defined • The branch of the law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. • Concerns disputes between private individuals or entities---Parties usually seek money damages • Proceedings initiated by private individuals and entities---plaintiff • Disputes may involve contract terms, property ownership, or automobile accidents.

4. Similarities Between Criminal and Civil Law • Both attempt to control behavior by imposing sanctions on those who violate the law • Often supplement each other, and victim may file civil suit against individuals who are being prosecuted criminally • General legal procedures somewhat similar---Except lower standard of proof in civil cases

5. Classification of Felony Crimes by Seriousness • Felonies---Serious crimes punishable by death or imprisonment longer than one year • A. Capital offense---maximum penalty is death • B. 1ST degree felonies---maximum of life imprisonment • C. 2nd degree felonies---maximum 10 years imprisonment

6. Classifications of Murder • Varies from state to state, but generally: • Murder in the First Degree---When crime is premeditated and deliberate • Murder in the Second Degree---No premeditation or deliberation, but did have “malice aforethought” toward victim • Manslaughter---no malice aforethought toward victim

7. “Malice Aforethought” Defined • “Wanton disregard of the consequences of his actions.” • Somewhat analogous to having intent to kill the victim

8. Degrees of Murder • Voluntary manslaughter – intent to kill is present, but malice is lacking (crime of passion) • Involuntary manslaughter – occurs in cases were offender’s acts were negligent and there was no intent

9. Your Thoughts • Mother of five kids, leaves the baby in the car for three hours while shopping. Baby dies. • 1st degree murder? • 2nd degree murder? • Involuntary manslaughter?

10. Classification of Misdemeanors by Degree • Misdemeanors are all crimes which are not felonies • Punishable by up to one year in local jail (not prison) • Sub-classified as--- • Class A---up to one year in jail • Class B---up to 6 months in jail • Class C---up to 30 days in jail

11. Iowa Degrees of Theft • The seriousness of some crimes are defined by the monetary damage • Theft 1st – over $10,000 Class C • Theft 2nd - $1000 to $10,000 Class D - Theft 3rd - $500 to $1,000 Aggravated • Theft 4th - $200 to $500 Serious • Theft 5th – below $200 Simple Criminal Mischief is also like this

12. Iowa Enhanced Cases • Repeating an offense can increase the crime type and penalty: • OWI 1st – Serious Misdemeanor • OWI 2nd – Aggravated Misdemeanor • OWI 3rd – Felony; Class C Domestic Abuse and Possession of controlled Substances are enhanced

13. Mala in Se Crimes • Considered a wrong even if no law prohibiting the behavior • Based on a “natural law” • Against “natural, moral, public” principles of society • Examples---Murder, rape, theft

14. Mala Prohibita Crimes • Acts which are crimes because they have been codified (put into law) by statute • “Man-made” laws • Not inherently wrong---only because defined as such • Definitions vary from state to state • Example---Bigamy

15. Uniform Crime Reports (UCR) • Produced by FBI; Voluntary participation by local law enforcement • Released each year to measure over all crime rate in U. S. • Measures three factors--- • Number arrested • Number of crimes reported by victims, witnesses or police • Number of officers and support personnel

16. The Crime Index • Part I of the UCR • Due to seriousness and frequency, are measured to give “general picture” of crime • Eight index crimes: Criminal Homicide, Forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny/Theft, Motor Vehicle Theft, Arson

17. UCR Part II Offenses • Arrests for other felonies and misdemeanors • All other offenses not listed in Part I

18. National Incident Based Reporting System (NIBRS) • 1980’s DOJ began improvement of data collection • 22 offense categories collected from local agencies (Fig. 3.4, p. 59) • Computerized record system maintained by federal government • More complete---Monitors all criminal incidents reported to police • Bias motivation of offenders noted (hate crimes)

19. Geography of Crime • States in the South and West have higher rates of crimes than those in the Midwest and Northeast • 18% of households in urban areas are victimized by violent or property crimes in 2004 compared to 12% in rural area • Explanations?

20. Questions? • How many crimes go unreported? • What types of crimes may be more under reported? • Why?

21. Victim Surveys • Aim to avoid distorting influences of local agencies on data • Victims are surveyed about their experience with crime • Higher victimization rate than previously thought • “Dark figure” of crime revealed • Fig. 3.5 on p. 60

22. National Crime Victimization Survey (NCVS) • Bureau of Census, with help from DOJ • Annual survey of 40,000 households • Measures both reported and unreported crime • Unaffected by police bias or distortion in local reporting • Does not rely on victims reporting directly to police

23. Reliability of NCVS • Higher rates of crime than reported by UCR • No guarantee respondents answered truthfully • For reasons of shame, forgetfulness, or fear of reprisal • Any research survey can yield distorted answers due to nature of questions

24. “Ask the Criminal” –Self Report Surveys • Persons asked directly about criminal activity to which they have been a party • Confidential and anonymous • Most useful---Where group to be studied is already in an institutional setting • Seems to result in surprisingly candid responses

25. Crime Trends Today • Higher rates of crime in more heavily populated areas---Social Disorganization • Rising murder rates a reflection of illegal drug activity • Disproportionate number of those arrested for, and convicted of drug crimes are lower income minorities (300% increase since 1980) • Member of this “underclass” more likely unemployed, living in disorganized neighborhood • Sale and use of drugs becomes attractive option

26. Race, Poverty and Crime • African Americans are 6 times more likely to be murder victims than whites • African Americans are 7 times more likely to commit murder than whites

27. Race, Poverty, and Crime • Be careful of a jumping to a quick conclusion • The majority of people residing in low income areas are law abiding • Research has shown that violence is more strongly associated with family disorganization than with race

28. Crime Trends Today • Peak criminal activity in teen years---Highest around age 17-18 • High correlation between gun ownership and being a gang member • In general, poor and minorities tend to commit more crime than wealthy, caucasian • But, rate of violent crime is more closely tied to family disorganization than race

29. Crime Trends Today • Youth from fatherless homes twice as likely to be imprisoned • Highest crime in impoverished neighborhoods with high teen pregnancy rates, lower educational levels, and unemployment

30. Drugs and Crime • Is there a correlation between substances and crime? • Nationally, 4% of all homicides are drug related • In 2005, there were 1,846,351 arrests for drug violation which is 3 times higher than in 1980 • 8 out of 10 prisoners are addicted or high at the time of their offense

31. Small Group – 2 Points Piece of paper; names at top; - List the top three drugs of Iowa prisoners. - Is it the same drugs for males & females?

32. Guns and Crime • Since 1930 violent crimes have increased • Between 1985 and 1992, homicide rates increased by 50% for white males aged 14-17 and tripled for African American males of same age • Why? • Gangs • Availability of firearms?

33. Guns and Crime • Gun control advocates see shootings as reflection of society addicted to firearms • They argue that easy access to firearms is directly causative of violent crime • Gun ownership supporters focus on incidents where citizens protected themselves from crime with firearms • Insufficient evidence from studies as to whether gun ownership may increase or deter crime---Unreliable research available

34. Federal Response to Gun Violence • Brady Bill, 1993 • Background check on potential gun purchasers • 1.2 million applications have been rejected • Some research---Brady Bill has had no measurable impact on number of guns • Now have the ability to “fingerprint” guns; Through serial numbers and shell casing markings

35. Crime: Career Criminals • Career criminals are about 6% of the offender population • The 6% committed about 71% of the offenses • In responses, law enforcement agencies have formed ‘career criminal units’