 Greetings all! Welcome to Unit 2.  This week, we are going to cover crime data, classification and offenses as well as going over some criminal law.  Remember …it’s important to participate in both the seminar are discussion board. The earlier you post to the boards, the better!  Don’t forget about the quizzes. You may enter them as many times as you like…until you get a grade you like!  Does anyone have any questions before we get started?

Chapter 2 – The Crime Picture - The CJ Funnel

Question ????  Are you surprised at the numbers in the correctional funnel?  Does it make it seem as though crime “may” pay?

Question?????  What is the Uniform Crime Report/NIBRS? What are it’s advantages and disadvantages?  What is the National Crime Victimization Survey?  Which do you think provides a better picture of crime in the United States?

 The Uniform Crime Report (UCR) - The reports began in  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.  Part I Offenses - Violent Crime, murder, rape, robbery, assault  Property Crime - burglary, larceny, motor vehicle theft, arson

Questions ?????  Do you think most, if not all, people report crimes to the police?  What are some reasons a person may be reluctant to report a crime to police?  What implications does NOT reporting a crime have for police?

 National Incident Based Reporting System (NIBRS) 1988  The new UCR/NIBRS is much more detailed than the old UCR system, including data on:  place of occurrence  weapon used  type and value of property damaged or stolen  the personal characteristics of the victim and offender  nature of victim-offender relationship  case disposition It also replaced the old Part I and Part II offenses with 22 general offenses

UCR/NIBRS Also Collects Data On:  bad checks  vagrancy  disorderly conduct  driving under the influence  drunkenness  non-violent family offenses  liquor law violations  “peeping Tom” activities  runaways  trespassing  general category of all “other” criminal law violations Crime rate is expressed as the number of crimes per 100,000 in the population.

 UCR/NIBRS Clearance Rates  Clearance Rates equal the number of crimes solved divided by the number of crimes committed  Clearances are based on arrests, not judicial dispositions.

Question ??  Why do you think burglary, theft and motor vehicle theft have such low clearance rates?

Major Crimes – UCR Part I Offenses  Murder - …the unlawful killing of a human being by another.  Includes: All willful and unlawful homicides Nonnegligent manslaughter  Excludes: Suicides, Deaths caused by accidents or negligence, Attempted murders  Least likely Part I offense to occur - High clearance rate  Murders are more common during warmer months and in southern states. Most victims and perpetrators are age 20–24.  Weapon most often used: firearms  Victim and offender are often “acquaintances”

 Forcible Rape - …the carnal knowledge of a female forcibly and against her will.  Includes: Assault or attempt to commit rape by force or threat of force  Excludes: Assault if victim is male, Statutory rape (without force), Same-sex rapes, Other sex offenses  One of the most underreported crimes: Many victims do NOT report because they:  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.

 Robbery…the unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence and/or by putting the victim in fear. Excludes: Pick pocketing and Purse snatching  Characteristics of Targets:  Most are individuals, Banks, gas stations, convenience stores, and other businesses  Residences targeted in less than 15% of cases  Urban areas have a much higher robbery rate than rural areas.  Most robbers are male, more than half are under 25yoa, almost half are minorities.

 Aggravated Assault - …unlawful inflicting of serious injury upon the person of another.  Includes: Attempted assaults, especially when a deadly weapon is used. Excludes: Simple assaults  Data: 54% clearance rate  Summer months highest number reported. February, November, and December lowest number reported  Most were committed with:  Blunt object 34%  Hands and feet 25%  Firearms 22%  Knives 19%

 Burglary - unlawful entry of a structure to commit a felony or theft.  More than 2.1 million reported burglaries:  More than half were forcible entries  $4 billion in losses (average: $1,834)  Almost 2/3 were of residential structures.  Most residential burglaries during the day  The clearance rate was only 12.6%.

 Motor Vehicle Theft - the theft or attempted theft of a motor vehicle. A “motor vehicle” is a self-propelled vehicle that runs on land and not on rails.  Includes automobiles, motorcycles, motor scooters, trucks, buses, snowmobiles. Does not include trains, planes, farm equipment, boats etc.  There were an estimated 1.2 million reported motor vehicle thefts: High report rate % clearance rate. Clearance rates are higher in rural areas. Typical offender: young male  Legally, carjacking is a type of robbery, not a motor vehicle theft.  It accounts for just over 1% of all car thefts

National Crime Victimization Survey  National Crime Victimization Survey  Began operation in 1972  Based on victim self-reports  Designed to measure the “dark figure” of crime What is the dark figure of crime???? 

 Uses data collected by the Bureau of Justice Statistics  More than 50,000 households are surveyed twice per year. Measures “households” touched by crimes  NCVS stats reveal: About 1/2 of all violent crime is reported.  Slightly more than 1/3 of all property crime is reported.   Victims are more likely: Men, Younger people, African American, City residents, Lower income (for violent victimization  Household crime rates are highest for households: headed by younger people, headed by African-Americans, with six or more members, headed by renters, located in central cities

Chapter 4 – Criminal Law A law is a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior.  Statutory law is the written or codified law: the “law on the books,” as enacted by a government body or agency having the power to make laws.  The written form of criminal law is called the penal code.

 Courts interpret the statutory laws.  Case law—law that results from judicial decisions.  Judicial precedent  Built on legal reasoning and past interpretations  of statutory law  Guides decision making, especially in the courts.  Common law — the traditional body of unwritten  historical precedents created from everyday social  customs, rules, and practices, which may be supported by judicial decisions.

Question ??  What is the difference between Criminal and Civil Law?

 Criminal law (also known as penal law) is a branch of modern law that concerns itself with offenses committed against society, its members, their property, and the social order. Crimes injure not just individuals, but society as a whole. 

Civil law governs relationships between parties and provides a formal way to regulate non-criminal relationships between people, businesses, other organizations, and agencies of government.  A violation of this law is often called a tort.  Civil law is concerned more with liability than intent.  The result can be an injunction or a loss of money.

Question ?  What is the difference between a felony and a misdemeanor?

 Felonies are serious crimes that are punishable by a year or more in prison or by death.  Convicted felons may lose certain privileges  States vary with regard to which crimes are considered felonies  Many states and the federal government use a number or letter scheme to differentiate among the varying degrees of severity of felony crimes.

 Misdemeanors are considered “less serious” crimes.  Generally punished less severely than felonies, but more harshly than administrative infractions or regulatory offenses  Generally punishable by a sentence of 1 year or less in a county jail.  Often receive probation, community service, part time incarceration

Questions…..  What is the retreat rule?  What is the castle exception?

Self-defense makes the claim that it was necessary to inflict pain on another to ensure one’s own safety in the face of near-certain injury or death.  Retreat rule—If the opportunity to escape exists, then the courts require that the victim take that opportunity and flee. If the opportunity to flee does not exist, then the victim can use reasonable force to defend herself.  Most jurisdictions allow for the use of reasonable, non-deadly force in defense of one’s property.  If that property is one’s home, the castle exception to the retreat rule applies.  It is not necessary to retreat from one’s own home before resorting to deadly force in the face of an immediate threat.  A “home” is one’s dwelling, whether owned, rented, or borrowed.

 The Fifth Amendment prohibits double jeopardy. A person cannot be tried twice for the same crime.  Double jeopardy does not apply:  In cases of trial error  When there’s been a hung jury  When it has been declared a mistrial  One may still be tried:  In both federal and state courts  In both civil and criminal courts

 Okay everybody…that’s it for tonight! There was a lot of information to cover, so make sure you read the two assigned chapters this week…we weren’t able to cover everything.  Next week, we will be covering chapters 5 & 6. We will learn about The police mission in democratic societies, the five core operational strategies of today’s police departments, the different types of organizational structures typical of American police departments and the three styles of policing..  I’ll stick around until the top of the hour. Have a great week, and see you on the boards!  As always, if you have questions, feel free to me or drop in during office hours on AIM.