chapter 2isite.lps.org/jdanson/web/documents/ch02.pdf · chapter 2. criminal justice ... by frank...

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALLby Frank Schmalleger ©2007 Pearson Education, Inc. 1

The Crime Picture

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TheCriminalJusticeFunnel


The Value of Data

Data are valuable and can beused to

Shape public policy Analyze and evaluate existing programs Create new programs Plan new laws Develop funding requests


Sources of Data

Uniform Crime Reports (UCR) National Crime Victimization Survey (NCVS) Offender self-reports Other regular publications


UniformCrimeReports


Uniform Crime Reports

The reports began in 1930. Data are collected by F.B.I. Approximately 16,000 police agencies provide data. Only crimes known to the police are included. Law enforcement agencies submit reports voluntarily. The UCR contains the Crime Index.


UCR: Crime Index

The Index is made up of Part Ioffenses.

Violent crime Murder, rape, robbery, assault

Property crime Burglary, larceny, motor vehicle theft, arson


UCR: Crime Index

Crime Index = major crimes100,000 population


UCR: Crime Rates

Crime Rate = number of crimes100,000 population

Rates allow for comparison acrossareas and times.


UCR: Clearance Rates

Clearance Rate = number of crimes solved number of crimes committed

Clearances are based on arrests, notjudicial dispositions.


Actual and Projected Rates of Crime (1950–2010)


Crimes Cleared by Arrest, 2004


The FBICrimeClock

14

Major Crimes

UCR Classificationsof

Part I Offenses


Murder

…the unlawful killing of a humanbeing by another.

Includes: All willful and unlawful homicides Nonnegligent manslaughter

Excludes: Suicides Deaths caused by accidents or negligence Attempted murders


Data on Murder Least likely Part I offense to occur High clearance rate Rates peak during warmer months Most common in southern states People age 20–24 are most at risk Most perpetrators are age 20–24 Weapon most often used: firearms Most often, victim and offender were “acquaintances”


Murder: Multiple Killings

Spree—two or more people, killed on more than one occasion, over an extended period of time.Mass—three or more people, killed in a single event, by an offender who typically does not seek concealment of the crime.Serial—several victims killed in three or more separate events and over time.


Forcible Rape

…the carnal knowledge of a femaleforcibly and against her will.

Includes: Assault or attempt to commit rape by force or threat of forceExcludes: Assault if victim is male Statutory rape (without force) Same-sex rapes Other sex offenses


Forcible Rape: One of the mostunderreported violent crimesMany victims do NOT report becausethey: Think the police won’t be able to catch the suspect. Believe that the police will be unsympathetic. Want to avoid the embarrassment of publicity. Fear reprisal by the rapist. Fear additional “victimization” by court proceedings. Want to keep family/friends from knowing.


Rate of Reported Rape, 1960–2004


Forcible Rape

Most rapes are committed by acquaintances of victim, as in the case of date rape. Most rapists appear to be motivated by the need to feel powerful. Use of the “date rape drug” Rohypnol is rising.


Robbery

…the unlawful taking or attemptedtaking of property that is in theimmediate possession of another byforce or violence and/or by puttingthe victim in fear.

Excludes: Pick pocketing Purse snatching


Robbery

Characteristics of robberies (2004): Highway (42.8%) Strong arm (39%) Gun involved (42%) Knife involved (8.7%) Gun discharged (20%)

Robbery rates in 2004 (per 100,000): Large cities–426.7 Rural areas–16.7


Robbery

Most of those arrested are: Male (90%) Under age 25 (62%) Minorities (56%)

Targets (2004): Most are individuals Banks, gas stations, convenience stores, and other businesses Residential


Aggravated Assault

…unlawful inflicting of seriousinjury upon the person of another.

Includes: Attempted assaults, especially when a deadly weapon is used The possible use of a gun, knife, or other weapon that could result in serious injuryExcludes: Simple assaults


Aggravated Assault

56% clearance rate Summer months highest number reported February, November, and December lowest number reported Most were committed with:

Blunt object 36% Hands and feet 27.9% Guns 18.3% Knives 17.8%


Burglary

…unlawful entry of a structureto commit a felony or theft.

Types of burglaries: Forcible entry Unlawful entry without force Attempted forcible entry


Burglary

2 million reported burglaries in 2004: 63.3% forcible entries 30.2% unlawful entries without force 6.5% are attempted forcible entries $3.3 billion in losses (average: $1,545) victim home 10% of the time most during the day

The clearance rate in 2004 was only 12.7%.


Larceny–theft

…unlawful taking orattempted taking, carrying,leading, or riding away ofproperty from the possessionof another.

Motor vehicles thefts areexcluded.


Larceny–theft

Includes (in declining order of frequency): Theft from motor vehicles Shoplifting Theft from buildings Theft of motor vehicle parts and accessories Bicycle thefts Theft from coin-operated machines Purse snatching Pocket picking


Larceny–theft

Great variance in types and value of items stolen.

Is the most frequently reported crime (yet still greatly underreported).

Total value of property stolen is around $5.2 billion.


Identity Theft–A SpecialKind of Larceny

… a crime in which animposter obtains key pieces ofinformation, such as SocialSecurity and driver’s licensenumbers, to obtain credit,merchandise, and services inthe name of the victim.


Motor Vehicle Theft

…the theft or attempted theftof a motor vehicle.

A “motor vehicle” is a self-propelled vehicle that runs onland and not on rails.


Motor Vehicle Theft

Includes automobiles motorcycles motor scooters trucks buses snowmobiles

Excludes trains airplanes bulldozers most farm equipment ships boats spacecraft


Motor Vehicle Theft

Legally, carjacking is a type of robbery, not a motor vehicle theft. It accounts for just over 1% of all car thefts.

Carjacking...the taking of a motor vehicledirectly from the owner by force


Characteristics of MotorVehicle Theft

Over 1.2 million reported in 2004: High report rate 13.8% clearance rate

Clearance rates are higher in rural areas

$8.2 billion in losses (average: $6,646) Typical offender: young male

60% under 25 83.5% male


Arson

…the burning or attemptedburning of property, with orwithout the intent to defraud.

…does not include fires ofunknown or suspicious origins

…became a Part I offense in1979


Characteristics of Arson

Most common type of arson is theburning of structures, followed bythe burning of vehicles

Low clearance rate—16% $1 billion in losses (average: $11,098)


Part II OffensesPart II offenses are less serious than Part Ioffenses and include many social orderoffenses, such as:

Simple assault Driving under the influence Prostitution Vandalism Receiving stolen property Fraud Embezzlement


NIBRS: The New UCR

National Incident BasedReporting SystemIncident driven, rather than summary based

FBI started this program in 1989. Goals: to enhance and improve crime data collection, analysis, and publication.


NIBRS

National Incident BasedReporting System

Includes nature of the disposition of the complaint

Replaces the old Part I and Part II offenses with 22 general offenses


NIBRS

22 offenses include: kidnapping larceny motor vehicle theft pornography prostitution narcotics offenses embezzlement extortion

weapons violations robbery forcible sex offenses non-forcible sex offenses receiving stolen property

arson assault bribery burglary counterfeiting vandalism gambling homicide fraud


NIBRS

Also collects data on: liquor law violations “peeping Tom” activities runaways trespassing general category of all “other” criminal law violations

bad checks vagrancy disorderly conduct driving under the influence drunkenness non-violent family offenses


NCVS

National Crime Victimization Survey Began operation in 1972 Based on victim self-reports Designed to measure the “dark figure” of crime Uses data collected by the Bureau of Justice Statistics More than 50,000 households are surveyed twice per year


Dark Figure of Crime

all crime

crimes knownto the police


NCVS

Includes data on:

Robbery Assault Burglary Personal and household larceny Motor vehicle theft Rape


NCVS Statistics Reveal

2004—crime rates at lowest level in years. 15% of all households are touched by crime. 24 million victimizations each year. About 1/2 of all violent crime is reported. Slightly more than 1/3 of all property crime is reported. Victims are more likely:

MenYounger peopleAfrican AmericanLower income (for violent victimization)


NCVS

Household crime rates are highestfor households:

Headed by younger people Headed by African-Americans With six or more members Headed by renters Located in central cities


Problems with the UCR andthe NCVS

UCR

• Not everyone reports• Some crimes are rarely reported• Victims inaccuracies• Bureaucratic influences• Hierarchical counting system• Contains only data that FBI thinks is appropriate

NCVS•There is potential for false or exaggerated reports• False reports may be generated by overzealous interviewers• Some people won’t respond• Respondents may suffer from faulty memories• Respondents may misinterpret events• Hierarchical counting system• Contains only data that BJS thinks is appropriate


SpecialCategoriesof Crime:CrimeTypologies


Crime Typology

A classification of crimes along a particular dimension, such as legal categories, offender motivation, victim behavior, or the characteristics of individual offenders.


Special Categoriesof Crime

Crime against women Crime against the elderly Hate crime Corporate and white-collar crime Organized crime Gun crime Drug crime High-technology and computer crime Terrorism


Women and Crime

Compared to men, women are: Likely to be victimized in every major personal crime other than rape. More likely than men to be injured as a result of crime. More likely to make lifestyle modifications because of threat of crime.


National Violence Against Women Survey(Bureau of Justice Statistics, 2000)

52% of women surveyed say they have been physically assaulted as a child or as an adult. Approximately 1.9 million women are physically assaulted in the United States each year. 25% of women, compared to 8% of men surveyed, said they had experienced partner violence in their lifetime. 18% of women have experienced a completed or attempted rape at sometime in their life; more than half of these were under 18 when first raped. Women are significantly more likely to be injured during an assault. Violence against women is primarily partner violence. 8% of women have been stalked at some time in their lives.


Bureau of Justice Statistics

Women living in central cities are considerably more likely to be victimized than women residing in suburbs. Suburban women are more likely to be victimized than women in rural areas. Low-income women experience the most violent crime. Women age 20–24 are most at risk for violent victimization, followed by 16–19 year-olds. Victimization of women falls as family income rises. Women who are unemployed, students, or in the armed forces are most likely to experience violent victimization. African-American women are victims of violent crime more frequently than women of other races. Hispanic women are victimized more frequently than white women.


Violence Against WomenAct (VAWA)

Seeks to eliminate violence against women. Act extends the Rape Shield Law to civil cases and to all criminal cases. Provided federal funding to:

1. Educate police, prosecutors, and judgesabout special needs of female victims.

2. Encourage pro-arrest policies in cases ofdomestic abuse.

3. Provide specialized services for femalevictims of crime.

4. Fund battered women's shelters.5. Support rape education.


Anti-Stalking Laws

All states have anti-stalking laws,which give additional protection towomen.

80% of stalking victims arewomen.

Cyberstalking involves using theinternet, email, or other electroniccommunication technologies tostalk another person.


Elderly Crime Victims

The elderly generally experience thelowest rate of victimization—bothviolent and property—of any agegroup.


Elderly Crime Victims

Elderly victims are more likely than youngervictims to:

Be victims of property crime than of violent crime. Face offenders who are armed with guns. Be victimized by strangers. Be victimized in or near their homes during daylight hours. Report their victimization to the police. Be physically injured. Be less likely to try to protect themselves during victimization.


Hate Crimes

Hate crimes are crimes in which thedefendant’s conduct was motivated by hatred,bias, or prejudice, based on the actual orperceived race, color, religion, national origin,ethnicity, gender, or sexual orientation ofanother individual or group of individuals.

Hate crimes are also called biased crimes. Most hate crimes consist of intimidation, although they may also include vandalism, simple and aggravated assault, and murder.


Hate Crimes: 2004

Police reported 9,726 hate crimeincidents, including 19 murders.Hate crimes were motivated by:

Race—52.5%Sexual orientation—16.4%Ethnicity—14.2%Gender—16.4%


Corporate Crime

A violation of a criminal statute by a corporate entity or by its executives, employees, or agents acting on behalf of and for the benefit of the corporation, partnership, or other form of business entity. The human perpetrators of corporate crime are called white-collar criminals.


White-Collar Crime

Violations of the criminal law committed by a person of respectability and high social status in the course or his or her occupation.

---or---

Nonviolent crime for financial gain utilizing deception and committed by anyone who has special technical and professional knowledge of business and government, irrespective of the person’s occupation.


Sarbanes-Oxley Act of 2002

Created tough provisions to deter and punish corporate and accounting fraud and corruption and to protect the interests of workers and shareholders. Mandates that CFOs personally vouch for the truth and accuracy of their companies’ financial statements. Increased federal penalties for obstructing justice and, specifically, for shredding or destroying documents that might aid in a criminal investigation of business practices.


Organized Crime

The unlawful activities of members of a highly organized, disciplined association engaged in supplying illegal goods and services, including gambling, prostitution, loan-sharking, narcotics, and labor racketeering, and in other unlawful activities. Primarily a group activity. A lot of variation among different organized crime groups. Includes inner-city gangs. Some organized crime activity is transnational— operating across national boundaries.


Guns, Crime, andGun Control

Each year, approximately 1 million serious crimes involve the use of a handgun. In a typical year, there are 10,000 murders in the United States using firearms.


The Brady Handgun ViolencePrevention Act (1994)

Prior to purchasing a handgun, there will be a(n)

5-day waiting period Instant criminal background check

Licensed importers, manufacturers, and dealers are required to:

Check photo ID Submit purchaser’s application Acquire a unite identification number authorizing the purchase


Brady Law Impact

Most offenders obtain weapons from friend or family or “on the street.” Some applicants try to circumvent Brady Law by using fake identification. Problems may lead to ballistic fingerprinting.


Drug Crime

The rate of drug related crime has more than doubled since 1975. Federal drug prosecutions increased from 11,854 in 1984 to nearly 40,000 in 2001. Studies link drug abuse to other serious crimes.


High-Tech and ComputerCrime

Computer crime…any crimeperpetrated through the use ofcomputer technology. Also,any violation of a federal orstate computer crime statute.

Also called cybercrime orinformation technology crime.


Terrorism

To assist in the developing protection ofU.S. infrastructure, The HomelandSecurity Act of 2002 created theDepartment of Homeland Security andmade its director a Cabinet member.


Cyberterrorism

…a form of terrorism that makesuse of high technology, especiallycomputers and the Internet, in theplanning and carrying out ofterrorist attacks.

chapter 2isite.lps.org/jdanson/web/documents/ch02.pdf · chapter 2. criminal justice ... by frank...

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