Introduction to Criminal Justice Chapter 3A

Criminal Law Defined Criminal Law protects society from harm by preventing and prosecuting crimes. Crime is an act so reprehensible it is considered a wrong against society. State prosecutes a person who commits a criminal act. Persons found guilty are punished by the government.

Civil Law Defined The branch of the law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters. Concerns disputes between private individuals or entities---Parties usually seek money damages Proceedings initiated by private individuals and entities---plaintiff Disputes may involve contract terms, property ownership, or automobile accidents.

Similarities Between Criminal and Civil Law Both attempt to control behavior by imposing sanctions on those who violate the law Often supplement each other, and victim may file civil suit against individuals who are being prosecuted criminally General legal procedures somewhat similar---Except lower standard of proof in civil cases

Classification of Felony Crimes by Seriousness Felonies---Serious crimes punishable by death or imprisonment longer than one year A. Capital offense---maximum penalty is death B. 1ST degree felonies---maximum of life imprisonment C. 2nd degree felonies---maximum 10 years imprisonment

Classifications of Murder Varies from state to state, but generally: Murder in the First Degree---When crime is premeditated and deliberate Murder in the Second Degree---No premeditation or deliberation, but did have “malice aforethought” toward victim Manslaughter---no malice aforethought toward victim

“Malice Aforethought” Defined “Wanton disregard of the consequences of his actions.” Somewhat analogous to having intent to kill the victim

Degrees of Murder Voluntary manslaughter – intent to kill is present, but malice is lacking (crime of passion) Involuntary manslaughter – occurs in cases were offender’s acts were negligent and there was no intent

Your Thoughts Mother of five kids, leaves the baby in the car for three hours while shopping. Baby dies. 1st degree murder? 2nd degree murder? Involuntary manslaughter?

Classification of Misdemeanors by Degree Misdemeanors are all crimes which are not felonies Punishable by up to one year in local jail (not prison) Sub-classified as--- Class A---up to one year in jail Class B---up to 6 months in jail Class C---up to 30 days in jail

Iowa Degrees of Theft The seriousness of some crimes are defined by the monetary damage Theft 1st – over $10,000 Class C Theft 2nd - $1000 to $10,000 Class D - Theft 3rd - $500 to $1,000 Aggravated Theft 4th - $200 to $500 Serious Theft 5th – below $200 Simple Criminal Mischief is also like this

Iowa Enhanced Cases Repeating an offense can increase the crime type and penalty: OWI 1st – Serious Misdemeanor OWI 2nd – Aggravated Misdemeanor OWI 3rd – Felony; Class C Domestic Abuse and Possession of controlled Substances are enhanced

Mala in Se Crimes Considered a wrong even if no law prohibiting the behavior Based on a “natural law” Against “natural, moral, public” principles of society Examples---Murder, rape, theft

Mala Prohibita Crimes Acts which are crimes because they have been codified (put into law) by statute “Man-made” laws Not inherently wrong---only because defined as such Definitions vary from state to state Example---Bigamy

Uniform Crime Reports (UCR) Produced by FBI; Voluntary participation by local law enforcement Released each year to measure over all crime rate in U. S. Measures three factors--- Number arrested Number of crimes reported by victims, witnesses or police Number of officers and support personnel

The Crime Index Part I of the UCR Due to seriousness and frequency, are measured to give “general picture” of crime Eight index crimes: Criminal Homicide, Forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny/Theft, Motor Vehicle Theft, Arson

UCR Part II Offenses Arrests for other felonies and misdemeanors All other offenses not listed in Part I

National Incident Based Reporting System (NIBRS) 1980’s DOJ began improvement of data collection 22 offense categories collected from local agencies (Fig. 3.4, p. 59) Computerized record system maintained by federal government More complete---Monitors all criminal incidents reported to police Bias motivation of offenders noted (hate crimes)

Geography of Crime States in the South and West have higher rates of crimes than those in the Midwest and Northeast 18% of households in urban areas are victimized by violent or property crimes in 2004 compared to 12% in rural area Explanations?

Questions? How many crimes go unreported? What types of crimes may be more under reported? Why?

Victim Surveys Aim to avoid distorting influences of local agencies on data Victims are surveyed about their experience with crime Higher victimization rate than previously thought “Dark figure” of crime revealed Fig. 3.5 on p. 60

National Crime Victimization Survey (NCVS) Bureau of Census, with help from DOJ Annual survey of 40,000 households Measures both reported and unreported crime Unaffected by police bias or distortion in local reporting Does not rely on victims reporting directly to police

Reliability of NCVS Higher rates of crime than reported by UCR No guarantee respondents answered truthfully For reasons of shame, forgetfulness, or fear of reprisal Any research survey can yield distorted answers due to nature of questions

“Ask the Criminal” –Self Report Surveys Persons asked directly about criminal activity to which they have been a party Confidential and anonymous Most useful---Where group to be studied is already in an institutional setting Seems to result in surprisingly candid responses

Crime Trends Today Higher rates of crime in more heavily populated areas---Social Disorganization Rising murder rates a reflection of illegal drug activity Disproportionate number of those arrested for, and convicted of drug crimes are lower income minorities (300% increase since 1980) Member of this “underclass” more likely unemployed, living in disorganized neighborhood Sale and use of drugs becomes attractive option

Race, Poverty and Crime African Americans are 6 times more likely to be murder victims than whites African Americans are 7 times more likely to commit murder than whites

Race, Poverty, and Crime Be careful of a jumping to a quick conclusion The majority of people residing in low income areas are law abiding Research has shown that violence is more strongly associated with family disorganization than with race

Crime Trends Today Peak criminal activity in teen years---Highest around age 17-18 High correlation between gun ownership and being a gang member In general, poor and minorities tend to commit more crime than wealthy, caucasian But, rate of violent crime is more closely tied to family disorganization than race

Crime Trends Today Youth from fatherless homes twice as likely to be imprisoned Highest crime in impoverished neighborhoods with high teen pregnancy rates, lower educational levels, and unemployment

Drugs and Crime Is there a correlation between substances and crime? Nationally, 4% of all homicides are drug related In 2005, there were 1,846,351 arrests for drug violation which is 3 times higher than in 1980 8 out of 10 prisoners are addicted or high at the time of their offense

Small Group – 2 Points Piece of paper; names at top; - List the top three drugs of Iowa prisoners. - Is it the same drugs for males & females?

Guns and Crime Since 1930 violent crimes have increased Between 1985 and 1992, homicide rates increased by 50% for white males aged 14-17 and tripled for African American males of same age Why? Gangs Availability of firearms?

Guns and Crime Gun control advocates see shootings as reflection of society addicted to firearms They argue that easy access to firearms is directly causative of violent crime Gun ownership supporters focus on incidents where citizens protected themselves from crime with firearms Insufficient evidence from studies as to whether gun ownership may increase or deter crime---Unreliable research available

Federal Response to Gun Violence Brady Bill, 1993 Background check on potential gun purchasers 1.2 million applications have been rejected Some research---Brady Bill has had no measurable impact on number of guns Now have the ability to “fingerprint” guns; Through serial numbers and shell casing markings

Crime: Career Criminals Career criminals are about 6% of the offender population The 6% committed about 71% of the offenses In responses, law enforcement agencies have formed ‘career criminal units’