CJ

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Chapter 3Chapter 3

Defining and Defining and Measuring CrimeMeasuring Crime

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Learning Outcomes

LO1: Discuss the primary goals of civil law and criminal law, and explain how these goals are realized.

LO2: Explain the differences between crimes mala in se and mala prohibita.

LO3: Identify the publication in which the FBI reports crime data and list the three ways in which the data are reported.

© 2011 Cengage Learning

Learning Outcomes

LO4: Distinguish between the National Crime Victimization Survey (NCVS) and self-reported surveys.

LO5: Identify the three factors most often used by criminologists to explain increases and decreases in the nation’s crime rate.

1LO

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Discuss the primary goals of civil law and

criminal law and explain how these goals are

realized.

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Classifications of Crimes

Three important classifications of crimes

include:• Civil Law and Criminal Law• Felonies and Misdemeanors• Crimes Mala in Se and Mala Prohibita

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Learning Outcome 1

Civil Law• Civil court is

concerned with responsibility.

• The burden of proof is preponderance of the evidence.

• The remedy for violations of civil law is compensation.

Criminal Law• Criminal court is

concerned with guilt.• The burden of proof

is beyond a reasonable doubt.

• The remedy for violations is some form of punishment.

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Learning Outcome 1

• The Burden of Proof:– The burden of proof is greater in

criminal trials.– Criminal cases – beyond a reasonable

doubt– Civil cases – preponderance of the

evidence.

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Learning Outcome 1

Felonies

• More serious or atrocious than misdemeanors.

• Punishable by death or imprisonment in a penitentiary for a period of a year or longer.

Misdemeanors

• Less serious crimes.

• Punishable by a fine and or incarceration in a local jail for up to one year.

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Learning Outcome 1

Four degrees of Felonies:• Capital Offenses, for which the maximum

punishment is death.• First Degree Felonies, for which the

maximum punishment is life in prison.• Second Degree Felonies, punishable by

up to ten years’ imprisonment.• Third Degree Felonies, punishable by up

to five years’ imprisonment.

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Learning Outcome 1

Degrees of Murder:• First Degree Murder

– Premeditated – Deliberate

• Second Degree Murder– Malice Aforethought

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ABC Video: Fresno Killing

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Learning Outcome 1Degrees of Manslaughter:• Voluntary Manslaughter

– Intent to kill was present in the mind of the offender, but malice was lacking.

• Involuntary Manslaughter– Negligent homicide; the intent to kill

was lacking.

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Learning Outcome 1

• Degrees of Misdemeanor–Gross misdemeanors–Petty misdemeanors

• Infractions–Petty offenses

2LO

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Explain the differences between crimes mala in se and mala prohibita.

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Learning Outcome 2

Mala in Se

• Acts that are inherently wrong, regardless of whether they are prohibited by law.

• Examples include murder, rape, and theft.

Mala Prohibita

• Acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves.

• Examples include speeding and loitering.

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CAREERPREPParalegal

Job Description:• Assist lawyers in many aspects of legal work, including preparing for

trial, researching legal documents, drafting contracts, and investigating cases.

• In addition to criminal law, work includes civil law, corporate law, intellectual property, bankruptcy, immigration, family law, and real estate.

What Kind of Training Is Required?• A community college–level paralegal program that leads to an

associate degree. • For those who already have a college degree, a certificate in paralegal

studies.

Annual Salary Range?$30,000–$75,000

For additional information, visit: www.nala.org/AboutParalegals.aspx.

© 2011 Cengage Learning

ABC Video: War on Drugs: Policing

3LO

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Identify the publication in which the FBI reports crime data and list the three ways in which the

data are reported.

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Learning Outcome 3

The Uniform Crime Report (UCR)• Produced by the Federal Bureau of

Investigation• Includes data collected from 17,500

policing agencies each year, including:– Number of arrests.– Number of crimes reported.– Number of officers and support specialists.

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Learning Outcome 3UCR data is reported as:• A rate per 100,000 persons.• As a percentage change from previous

years.• As an aggregate, or total number of crimes

This data is published by the Department of Justice in Crime in the United States.

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Learning Outcome 3Part I Offenses:• Violent Crimes

– Murder and non-negligent manslaughter– Robbery – Aggravated assault– Forcible Rape

• Property Crimes– Burglary– Larceny-Theft– Motor Vehicle Theft– Arson

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Learning Outcome 3

Part II Offenses:• Includes all crimes that do not fall into

the category of Part I offenses.• Measured only by arrest data. • Occur six times more often than Part I

offenses.

4LO

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Distinguish between the National Crime

Victimization Survey (NCVS) and self-reported

surveys.

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Learning Outcome 4

• Victim Surveys are a method of gathering crime where citizens are surveyed directly regarding their criminal victimizations.

• Victim surveys attempt to uncover the dark figure of crime.

• The most well-known victim survey is the National Crime Victimization Survey (NCVS).

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Learning Outcome 4• Advantages of the NCVS over the UCR

– Measures both reported and unreported crime

– Unaffected by police bias and distortions in reporting crime to the UCR

– Does not rely on victims reporting crime to the police

• Reliability of the NCVS

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Learning Outcome 4

• Self-report surveys ask respondents to tell about their criminal activities.

• Subjects tend to be more honest because there is no penalty.

• Results suggest that the dark figure of crime is much larger than UCR or NCVS would suggest.

5LO

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Identify the three factors most often used by

criminologists to explain increases and decreases

in the nation’s crime rate.

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Learning Outcome 5The “usual suspects” of crime

fluctuation:• Imprisonment• Youth populations• The economy

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Learning Outcome 5

• Age and Crime– Criminal offending peaks during the

teenage years (usually around 17 or 18).

– People “age out” of offending as they get older.

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© 2011 Cengage Learning

Learning Outcome 5

• Drug Wars of the 1980’s– The impact of crack– The methamphetamine scourge– Questioning the legality of drugs

• Crime in the 1990s and 2000s– The great crime decline– Leveling off– What the future holds

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ABC Video: War on Drugs: Final Thoughts

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CAREERPREPGang Investigator

Job Description:• Conduct assessments and refer at-risk youth to appropriate activities,

programs, or agencies as an alternative to becoming involved in criminal activity. Also, counsel troubled youths and their families.

• Serve as a liaison between the police department and schools and community organizations regarding gangs and other youth-related matters.

What Kind of Training Is Required?• At a minimum, a high school diploma and any combination of training,

education, and experience equivalent to three to five years’ social service employment involving youth. A law enforcement background is also very helpful.

• Preferred candidates will have a bachelor’s degree in counseling, criminal justice, or another social science field. Bilingual (English/Spanish) skills are desired.

Annual Salary Range?$40,000–$49,000

For additional information, visit: www.nagia.org/Home/tablid/36/Default.aspx.

© 2011 Cengage Learning

Learning Outcome 5

© 2011 Cengage Learning

Learning Outcome 5

Crime, Race and Poverty:• In general, poor people and

minorities commit more crimes and are more often the victims of crimes, than wealthier people and whites.

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Learning Outcome 5

• Race and Crime:– Official data indicates a strong

relationship between minority status and crime.

– Less than half those arrested for violent crimes are Black, but Blacks account for over half of all convictions and 60% of prison admissions.

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Learning Outcome 5• Class and Crime:

– The highest crime rates in the U.S. are consistently recorded in low-income, urban neighborhoods with the highest unemployment rates.

– Lack of education is also related to criminal offending.

– However, while these things are correlated, poverty does not cause crime.

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Learning Outcome 5

• Ethnicity and Crime:– Race – based on physical

characteristics. – Ethnicity – based on national or

cultural background. – Many crime studies exclude Hispanics,

Asian Americans, Native Americans, and other immigrant groups.

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Learning Outcome 5Women and Crime• In 1970, 6,000 women in federal

and state prisons…• …today, more than 114,000.• Explanations for the increase:

– The life circumstances and behavior of women have changed dramatically.

– Criminal justice system’s attitude towards women has changed.

© 2011 Cengage Learning

ABC Video: Women in Maximum Security Prison: Murderers