Race and Gender

Hate crimes Criminal act against a person/property by an offender motivated by racial/other bias. May express hostility towards someone’s race/religion/ancestry/sexual orientation/physical disability

Statistics 2003 – 7,500 hate crimes were recorded in the US. 1998 – Matthew Shepard was a gay student @ University of Wyoming. He was assaulted for his sexual orientation. http://www.wyohistory.org/encyclopedia/matthew-shepard

National Gay/Lesbian Task Force stated: One out of five lesbian/gay members of society are physically assaulted. More than 90% are verbally abused (Berill – 1992:19-20) 25% of hate crimes based on race targeted white people (Jenss & Grattest, 2001)

Deviance & Gender Stricter controls on women Historically society has centered women in the home Therefore………. Women have limited opportunities in the US. Women have little or no opportunities around the world.

Examples……. Saudi Arabia – women can’t vote OR drive Iran – if a woman shows her hair, she can be whipped In 2002, a divorced Nigerian woman bore a child out of wedlock. She was sentenced to death by stoning. It was later overturned to protect the health of the unborn baby.

Strain Theory applied………… Cultural goals – financial success (male focused theory) Strain results from a cultural idea of equality (female focused theory)

Labeling theory applied……… Different standards for judging behavior Women vs men Society has usually put men in positions of power over women Therefore……….. Often people (men) escape direct responsibility for their victimizing actions

Con’t (labeling theory) Women who are victimized may have to convince others (ex: Jury) not to blame the victim for this sexual harassment. Ex: Use of background of the woman; how she was dressed; etc. https://www.youtube.com/watch?v=NRQifnaioeM – The Accused

Social-conflict analysis This does not address gender at all If economic disadvantage is the primary cause of crime…….. Why do women commit fewer crimes?

Crime Violation of criminal laws enacted by a locality, a state or a federal government.

Element #1: The act itself Failure to do what the law requires

Element #2: Criminal intent “guilty mind” Matter of degree Willful conduct to negligence

Negligence person doesn’t set out to hurt anyone but still fails to act in a way that results in harm. 1st or 2nd degree manslaughter Negligent manslaughter Self-defense

Types of crime

Crimes against the person Violent crimes Direct violence Threat of violence against others

Types of violent crime: Murder Manslaughter Aggravated Assault Forcible Rape Robbery

Willful killing another human being Purposeful or by accident Murder & Manslaughter Willful killing another human being Purposeful or by accident

Aggravated assault Unlawful attack for purpose of inflicting severe or aggravated bodily injury

Carnal knowledge of a female forcibly or against her will Forcible rape Carnal knowledge of a female forcibly or against her will

Robbery Taking or attempt to take anything of value from care/custody/control by threat/force or putting the victim in fear

Crimes against property Crimes that involve theft of property belonging to others Burglary Larceny/theft Auto theft Arson

Unlawful entry of a structure to commit a serious crime or theft Burglary Unlawful entry of a structure to commit a serious crime or theft

Larceny/theft Unlawful taking, carrying, leading, riding away of property from possession of another

Theft/attempted of a vehicle Auto theft Theft/attempted of a vehicle

arson Any willful/malicious burning or attempt to burn the personal property of another

Definition is: No obvious “victims” “Crimes without complaints” Victimless crimes…….??? Definition is: No obvious “victims” “Crimes without complaints” Include: Drug use; prostitution; gambling

Unfortunately…..these do have “victims” Pregnant teen who is addicted to drugs? Baby as well as “mom” is suffering. Business man who is gambles away his life savings? Family has no money and has to struggle Pre-teen boy who steals to buy more drugs? Stealing to fund a habit that is also victimizing him

Statistics………… 1960 – 1990: crime rates were high 2003: crime rates have decreased 12 million serious crimes are reported each year in the US (only known to the police) Homicides – most reported Assaults – rarely reported Property crimes – low depending on the amount lost Victimization surveys – crime rate is 3 times higher than officially reported (Russell, 1995b)

Due process Police Courts Punishment Justice system Due process Police Courts Punishment

Due process Bill of Rights (Constitution) Right to: Counsel; 5th Amendment (deny to testify; Double Jeopardy; etc); confront accusers; Speedy/public trial; fair punishment (no cruel/unusual punishment)

Accuser has a right to………… 1 – fair notice of proceedings 2 – hearing on charges/ability to present defense 3 – judge/jury of peers

Police Primary point of contact between the justice system and society’s population

Courts Plea bargaining – negotiation could reduce a charge or prison sentence Punishments Include: Retribution; Deterrence; Rehabilitation; Societal Protection

Retribution Act of moral vengeance by which society makes the offender suffer as much as the suffering caused by the crime This helps the “moral balance”

Deterrence Attempt to discourage criminality through the use of punishment Specific: convince criminal that crime doesn’t pay General: punishment of one person which serves as an example

Rehabilitation Program to reform the offender to prevent later offenses Motivates the offender to conform Tailors to the offender not the crime

Societal protection Renders the offender incapable of further offenses temporarily through prison and/or execution

Community based Corrections Correctional programs operating within society at large rather than behind prison walls Main advantages: Reduce costs; reduces overcrowding in prisons; allows for supervision without prison/stigma Probation Shock probation Parole

Probation A policy permitting the convicted offender to stay in the community under conditions imposed by the court. Examples: Receive counseling; drug treatment program; hold a job; stay away from “known criminals”; etc Result of not “following the rules”………….go back to prison

Shock probation Policy by which a judge orders a convicted offender to prison for a short time but then suspends the remainder of the sentence for probation. Used to show the seriousness of the situation Could be a military like setting for 1 – 3 months to teach discipline and respect for authority

Parole Policy of releasing inmates from prison to serve the remainder of their sentences in the local community. Under supervision Most become “eligible for parole” after serving a certain amount of time Sentence is then “complete”