Chapter 10 Crimes against Persons

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Presentation transcript:

Chapter 10 Crimes against Persons Frank Schmalleger PowerPoint presentation created by Ellen G. Cohn, Ph.D.

Violent Crime Typologies Crime typology: A classification of crimes along a particular dimension or set of defined characteristics Legal categories Situational factors Offender motivation Offender characteristics Victim behavior

Homicide Statutes distinguish between types of homicide based on intent, circumstances, age, etc. Fairly rare; small fraction of reported violent crimes Most involve acquaintances or family Most preceded by an argument Offending patterned by socio-demographics

The Subculture of Violence Thesis Wolfgang and Ferracuti’s subculture of violence thesis is the primary perspective used to understand homicide Victims and offenders have similar socio-demographic characteristics Victims and offenders intimately known to each other are disproportionately represented The racial composition of an area alone does not have a significant effect on homicide rates

Structural Explanations for Homicide Regional variations in patterns of violent crimes exist Some suggest the high homicide rate in the South is due to violence-related norms that are outdated elsewhere Others claim that the influence of structural variables such as poverty may provide alternative explanations There is evidence that the South differs from other regions in the frequency of homicide

The Victim-Offender Relationship Wolfgang’s research into homicides Found 25% of homicides were between family members –women more likely to be both offenders and victims Males more likely to be killed by friends or strangers than by family members If a male was killed by a female, it was more likely to be his spouse

The Victim-Offender Relationship Primary homicides Involve family members, friends, and acquaintances Expressive crimes: result from acts of interpersonal hostility Nonprimary homicides Victims and offenders have no prior relationship Usually occur during another crime Instrumental crimes: involve premeditation, less likely to be victim precipitated

The Victim-Offender Relationship Exposure-reduction theory of intimate homicide Dugan, Nagin, and Rosenfeld Three factors that reduce intimate partner homicide Declining domesticity Improved economic status of women Increase in domestic violence resources

Instrumental and Expressive Homicide Not all homicide offender intend to kill their victims Instrumental homicide may begin as a robbery motivated by instrumental ends Expressive homicide may be preceded by an argument Sibling offense The incident that begins a homicide Considering sibling offenses may help explain why some incidents end in murder while others do not

Victim Precipitation Victim precipitation Contributes by the victim to the criminal event Focus on victim characteristics that may have precipitated the victimization Intent is not victim blaming, although this has occurred

Victim Precipitation Intimate-partner homicide has gender patterns of victim precipitation Many homicides committed by women are victim precipitated Only a small number of homicides committed by men are victim precipitated There is a positive significant association between alcohol use and victim precipitated homicides

Weapon Use Instrumentality Availability The type of weapon used in an encounter can affect whether the encounter becomes lethal Availability Issues surrounding how access to guns may increase their presence in all types of interactions, including criminal ones

Alcohol and Drug Use Goldstein’s typology of drugs and crime Psychopharmacological model Use of certain drugs produces violent behavior by lowering inhibitions or elevating aggressive tendencies Economic compulsion Crimes are committed to support a drug habit Systemic violence The connection between drugs and trafficking

Alcohol and Drug Use Selective disinhibition The presence of alcohol in some situations may suspend factors that could restrain violence and may also put into play factors that could increase the occurrence or lethal nature of violence The disinhibiting effect of alcohol is social, not biochemical Alcohol significantly predicts most types of primary homicide

Gangs Gang homicides are more likely to: Involve minority males Involve gun use Occur in public places Involve victims and offenders with no prior relationship

Gangs Gang-motivated violence Gang-affiliated violence Violent crime as the direct result of gang activity Gang-affiliated violence Individual gang members are involved in crime but not as a purposeful result of gang activity

Serial Murder Serial murder: Criminal homicide involving the killing of several victims in three or more events Typical offender: white male, late 20s or 30s, targets strangers at or near home or work

Typologies of Serial Killers Holmes and DeBurger’s taxonomy Visionary serial killers: hear voices and have visions Comfort serial killers: kill for financial or material gain Hedonistic serial killers: murder for the pleasure of the killing Power seekers: operate from a position of power over others

Typologies of Serial Killers Fox and Levin’s typology Thrill-motivated killers: sexual sadism, dominance Mission-oriented killers: reformist or visionary orientation Expedience-directed killers: profit or protection

Female Serial Killers Disciple killer Murders as the result of the influence of a charismatic personality Kelleher and Kelleher’s typology of female serialists Black widow Angel of death

Female Serial Killers Patterns of female serial killers Rarely hedonistic Generally target victims they know Generally are geographically stable Generally have longer careers Tend to be more systematic

Apprehending Serial Killers FBI’s Violent Criminal Apprehension Program (VICAP) Profiling Organized nonsocial killers Disorganized asocial killers Geomapping

Mass Murder Mass murder: Levin and Fox’s typology Killing more than three people at the same time Levin and Fox’s typology Revenge Love Profit Terror

Mass Murder Factors or elements that may lead to mass murder: Predisposers Precipitants Facilitators

Rape Estimates of the extent of rape vary depending on the data source used UCR accuracy is hampered by victim reporting NCVS accuracy questions due to problems with measurement and disclosure The best current measure comes from the National Violence Against Women Survey

Rape Myths Rape myths Examples False assumptions about rape that continue to characterize much of the discourse surrounding sexual violence Culturally based, inhibit victim reporting of rape Examples Women bring false charges to get even with men Women ask for it by wearing provocative clothing or going to bars alone Women say “no” when they mean “yes”

Common Law Definition of Rape “Carnal knowledge of a woman not one’s wife by force or against her will” Did not recognize male victims Did not recognize rape within marriage Did not allow for other acts of sexual penetration Did not allow for various means by which force could occur Rules of evidence required Victim demonstrate physical resistance Victim have corroboration that rape occurred Victim’s sexual history could be admitted into evidence

Rape Law Reform Common themes in rape law reforms: Redefining rape and replacing the single crime of rape with a series of graded offenses Changing the consent standard by eliminating the requirement that the victim resist the attacker physically Eliminating the need that the victim’s testimony be corroborated Placing restrictions on the introduction of evidence of the victim’s prior sexual conduct

Rape Law Reform Some states have even changed the terminology from “rape” to “sexual assault” Rape shield laws First introduced in the 1970s Intended to protect rape victims by ensuring that irrelevant facts about the victim’s sexual past were not introduced into evidence

The Effects of Rape Law Reform New legislation has limited impact on courtroom work group behavior unless they embrace the changes or unless instrumental changes are forced upon them Legal reforms take time to produce large scale change and must be evaluated continually for more evidence of how change is occurring

Acquaintance Rape Acquaintance rapes are the most common scenario for rapes Occur when the victim and offender have some prior relationship Usually occurs within the context of a dating relationship Frequently underreported

Acquaintance Rape Acquaintance rape on college campuses 1992 Campus Sexual Assault Victims’ Bill of Rights Act Research on rape in college settings frequently focuses on identifying factors in college life that may be conducive to rape Colleges are developing programs that focus on rape as an issue for men as well as women

Marital Rape The marital exemption began to be eliminated from the statutes in the 1970s Russell’s typology of men who rape their wives Husbands who prefer raping their wives to having consensual sex with them Husbands who enjoy both rape and consensual sex with their wives or who are indifferent to which it is Husbands who prefer consensual sex with their wives but are willing to rape them if their sexual advances are refused Husbands who might like to rape their wives but do not act out these desires

Prison Rape Same-sex rape can be common in prisons Inmate victimization does not produce the same level of social outrage as when the victim is “law abiding” Patterns of rape differ in male and female prisons Rape within female prisons involves primarily male staff attacking female inmates Rape within male prisons involves only inmates

Feminist Perspective Common elements: See gender as a social construct rather than a biological given Do not separate the patriarchal structures within society that contribute to the privileged status of males from rape itself See rape as an act of power or domination A rape culture exists that sees male aggression as normal and blames women for their own rape Feminist perspectives have been criticized for their often one-dimensional view of masculinity

Psychopathological Perspective This perspective is based on two assumptions: Rape is the result of idiosyncratic mental disease Rape often includes uncontrollable sexual impulses

Psychopathological Perspective Groth’s typology of rapists Power rape (most common) Rape to exert control over women Anger rape Attack victims in anger, impulsively, with no prior planning Sadistic rape (fairly rare) Combination of power and anger motives and frequently involve torture

An Integrated Theory of Rape Baron and Straus’ integrated theory of rape: Argues that higher levels of gender inequality, social disorganization, and support for legitimate violence combine to produce higher rape rates at the state level Support for legitimate violence refers to norms justifying the expression of violence in certain contexts Gender inequality is related to rape rates because as women’s status in society increases, rape as a mechanism of social control over women is challenged Social disorganization refers to community inability to sustain social institutions that serve as a buffer to social ills such as crime

Evolutionary/Biological Perspectives Focuses on motives and ends conducive to rape Different traits relating to mating that developed in males and females may have evolved through sexual selection Perspective argues that the feminist position of rape ignores the existence of a biologically based sexual motivation

Typologies of Rapists Hazelwood and Burgess’ typology of rapists based on motivation Power-assertive rapists Power-reassurance rapists Anger-retaliatory rapists Anger-excitation rapists

Typologies of Rapists Stevens’ typology of offender motivation Lust rape Righteous rape Peer rape Control and anger rapes Supremacy rape Fantasy rape

Typologies of Rapists Scully’s typology of rationalizations Admitters Deniers

Child Sexual Abuse (CSA) CSA includes a variety of criminal and civil offenses in which an adult: Engages in sexual activity with a minor Exploits a minor for purposes of sexual gratification, or Exploits a minor sexually for purposes of profit CSA is greatly despised but little understood Commonly believed that CSA is underreported

Typology of CSA Groth’s two-part typology Regressed offenders Fixated offenders Sexual victimization as a child may contribute to an individual perpetrating CSA if accompanied by other intervening factors

Robbery Robbery combines elements of violence and property crime Personal robbery Robberies in residences and “muggings” (robberies on the highway or street) Institutional robbery Occurs in commercial settings (gas stations, banks, convenience stores, etc.)

Robbery Lethal potential Criminal careers of robbers Robbery carries threat of injury to the victim Most likely felony to result in homicide Criminal careers of robbers Most robbers are generalists with lengthy but varied career Few inmates specialize exclusively in robbery

Robbery and Public Transportation Robbery on mass transit is fairly rare Crime prevention strategies may be very effective in public transport settings Taxi drivers at greatest risk

The Motivation of Robbers Most robberies involve little planning The decision to offend occurs as part of ongoing social action mediated by prevailing situations and subcultural conditions Main motivation is financial gain/need Other motives Desire to fight Desire to right a perceived injustice Desire to enhance street credibility “Just for kicks”

Drug Robberies Majority of offenders specializing in street robberies targeted individuals also involved in lawbreaking Many targeted minor drug dealers Acquire both money and drugs Drug dealers were unlikely to report the victimization to the police

Drug Robberies Strategies used to minimize risk involved in targeting drug dealers Intimidation Anonymity maintenance Hypervigilance

The Gendered Nature of Robbery Other than rape, robbery is the most gender-differentiated serious crime in the US Both men and women are motivated by money, but use different methods Men: Use physical violence and/or a gun Rob other males more frequently Target victims involved in street life Women Lack one clear style but rarely use guns unless robbing a man Most common approach is to rob females in a physically confrontational manner Others include using their sexuality to attract male victims and acting as accomplices to males in robberies of other men

Assault Most common violent crime and starting point for more serious interpersonal violence Aggravated assault Simple assault (most common) Most aggravated assaults are spontaneous

Stranger Assault Low probability of serious injury by stranger Two primary types of stranger violence: Crimes that involve exploiting a setting Spontaneous encounters between strangers in routine settings Stranger assaults are more likely to involve victims and offenders of similar ages

Assault within Families The majority of assaults involve victims and offenders known to each other, often in familial or intimate relationships Invading the castle Family violence is difficult to research because the family as a social institution is private Discussion of violence among family members violates this privacy

Assault within Families NIBRS data suggest that more than half of all violent crimes involved victims and offenders who were related Assault is the most frequently occurring violent crime both among the general population and within the family Women are more likely to be the victims of assaults within the family than in the general population

Intimate-Partner Assault Assaultive behavior between individuals involved in an intimate relationship Separation assault A particularly violent response by the male partner that occurs after a woman leaves a violent relationship Cycle of violence

Workplace Violence A significant problem in America today – more common than generally believed Includes murder, rape, robbery, and assault committed against persons who are at work or on duty

Typology of Workplace Violence Type 1 Violent acts by criminals with no other connection with the workplace Type 2 Violence directed at employees by those for whom an organization provides services Type 3 Violence against coworkers, supervisors, or managers by a present or former employee Type 4 Violence committed in the workplace by someone who does not work there but who has a personal relationship with an employee

Stalking Stalking: A course of conduct directed at a specific person that involves repeated visual or physical proximity, nonconsensual communication, or verbal, written or implied threats, or a combination thereof, that would cause a reasonable person fear

Types of Stalkers Rejected stalkers Intimacy seeking stalkers Incompetent suitors Resentful vendetta-motivated stalkers Predatory stalkers

Victim-Offender Relationships in Stalking 80% of stalking victims are women; the majority of stalkers are men Majority of victims are between 18 and 39 years of age Majority of victims know the stalker Female victims are more likely to be stalked by an intimate partner Male victims are more likely to be stalked by a male stranger or acquaintance

Consequences of Stalking Negative impacts of stalking Increased concern about personal safety Need for counseling Time lost from work Self-protective measures

Cyberstalking Cyberstalking: An array of high-tech activities in which an offender may engage to harass or “follow individuals, including email and the Internet