Law and Justice Chapter 7 Crime in America

Crime in America The Nature of Crimes Crime Something one does or fails to do that is in violation of a law or behavior for which a government has set a penalty Crime has long been a problem in the U.S. Crime rates are influenced by your location and gender Generally higher in urban areas vs. rural Generally higher against women vs. men Violent crimes happen most often during the day But… two-thirds of rapes occur at night Crime costs you money Even if you aren’t the victim, the U.S. government spends over $150 billion a year fighting crime (your tax dollars) Suggested causes of crime Poverty – permissive courts – unemployment – lack of education – abuse of alcohol and drugs – inadequate police protection – rising population – lack of parental guidance – breakdown in morals – ineffective correctional system – little chance of being caught or punished – influence of TV

Crime in America Family Stability perhaps the most telling reason behind crime Stable families raise stable children – children with the guidance and support to make correct choices Would tougher penalties curb the crime rate? U.S. has some of the toughest criminal laws U.S. has the highest incarceration rate of any industrialized nation U.S. has the highest crime rate of any industrialized nation Community Policing may be an answer Neighborhoods who have more direct contact with police tend to be safer Citizens have to be willing to help law enforcement Crime on Campus Both college and high school In 2000 – students 12 – 18 years old experienced nearly 2 million incidents of violent and property crime About 128,000 included rape, sexual assault, robbery, and aggravated assault Remember most crimes go UNREPORTED

Crime in America Crime on Campus (contd.) 2001 survey College campuses 10% of male H.S. students reported carrying a gun to school 3% of female students reported the same 33% of students reported that drugs were available to them at school 72% reported that they had participated in or seen someone being bullied College campuses In 2000, the following were “reported” 20 murders 1,858 forcible sex offenses 1,933 robberies 3,644 aggravated assaults 26,543 burglaries 5,792 motor vehicle thefts Many crimes are not reported outside the campus for fear of lowered student applications

Crime in America National Council on Crime and Delinquency (NCCD) The NCCD has been studying criminal justice since 1907 and recommends the following for reducing crime Build safer communities with special attention to safe schools, after school programs, community policing, and prevention of domestic violence and child abuse. Reduce the costs and improve the fairness of the criminal justice system Develop cost-effective alternatives to incarceration, reserving prison sentences for those who cannot be treated safely in the community Create effective drug control policies. Reduce funds spent on catching drug sellers and users; expand funding for drug treatment and job training; and repeal laws requiring mandatory prison sentences for drug possession. It all sounds good, but how should it be implemented?

Crime in America Gangs and Crime History At one time, violent gangs only operated in the largest cities of the U.S. Gangs are now active in cities and towns of all sizes Nearly all cities with populations higher than 200,000 report having gang problems 20% of all students aged 12-18 reported that street gangs were present at school One reason gangs have spread is the lure of profits from selling illegal drugs Most experts believe that there are now several thousand youth gangs and several hundred thousand gang members

Crime in America What are gangs? For our discussion Gangs are not new gangs are people who form groups closed to the general public, for certain common business or nonprofit purposes that may include violent criminal activity Gangs are not new In the 19th century gangs existed in many American neighborhoods Usually adult members Organized along ethnic lines Had names, rules, and initiation rituals Identified by emblems and distinctive ways of dressing These early gangs were interested in protecting turf, reputation and cultural heritage Not all of these gangs engaged in criminal activity Neither do all gangs today Some gangs perform community work and operate job-training and other funded programs These are not the gangs that contribute to the crime problem

Crime in America Today’s gangs (the not so nice ones) Members rage in age from young children to middle-aged adults Operate with much more sophisticated organizational structures Many focus on drug trafficking, firearm sales, auto theft, prostitution, and other criminal activity Others use group-orientated violence to defend racist or sexist beliefs Gangs often associate themselves with one of several major gang “nations” Gangs identify themselves with symbols, emblems, colors, phrases, clothing and use graffiti to mark or ‘tag’ their territory People who join usually have some sort of initiation Committing a crime Robbery, selling drugs, drive by shooting, Being beaten Or for females – having sex with multiple members of the gang It is not uncommon to do another task like these to leave the gang

Crime in America Who joins gangs and why? Gender Most gang members are male, however female membership is rising Poverty School failure Substance abuse Family dysfunction Domestic and community violence Low self esteem Peer pressure to do so How can the gang problem be solved? Experts say that you need to prevent young people from becoming involved

Crime in America Communities that are successful against gangs take the following actions Operate outreach and intervention programs that help gang members and potential members become involved in positive non-gang activities Provide greater alternatives for young people including athletics, clubs, school tutoring and job training Increase the awareness of the community and develop opportunities for young people Organize prevention strategies in which law enforcement and the community identifies gang members and ‘wanna-bes” and places them in anti gang membership programs Prosecute gang members for illegal activity Organize neighborhood watch programs that remove graffiti and make it difficult for gangs to establish a presence or intimidate residents

Crime in America Guns and the Law The 2nd Amendment Protection Most Americans who own firearms own them legally and use them lawfully However, guns are often used in violent crimes Efforts (or lack of efforts) by the government to control them is very controversial The 2nd Amendment Protection Some groups look to the 2nd Amendment as a protector of their ‘right to bear arms’ Disagreements Other groups claim that the 2nd Amendment protects a STATE’S RIGHT to maintain a militia or armed forces – not protect citizens against legislation U.S. Supreme Court Have ruled that the amendment guarantees a state’s right to maintain a militia They have not used the 2nd Amendment to strike down any gun control law

Crime in America Gun Control Act of 1968 Primary gun control law in America today Passed after the murders of Dr. Martin Luther King Jr. and Robert Kennedy The law does the following Prohibits convicted felons, minors, and illegal aliens from purchasing or possessing weapons Requires serial numbers on all guns establishes a licensing fee schedule for firearms manufacturers, importers and dealers Prohibits mail order sale of firearms and ammunition Prohibits the interstate sale of handguns In 1993 Congress amended the act with the Brady Act Required the Attorney General to make a national system to instantly check the background of individuals wanting to buy guns Many states have their own laws Training, test or other requirement before purchase

Crime in America Substance Abuse and Crime Alcohol The term substance abuse came into use in recent years Termed to mean excessive use of any mind or body altering chemical Alcohol Most widely abused substance in the U.S. Why? Because it is socially acceptable Alcohol Abuse is detrimental to society Contributes to the poor functioning of families Contributes to spousal and child abuse Annual cost to society is estimated at $150 billion yearly Violent Crime 2001 Dept. of Justice study – alcohol involved in 35% of violent crime 66% of domestic violence victims reported alcohol was a factor

Crime in America DUI Penalties for DUI Implied Consent Driving Under the Influence Refers to the Blood Alcohol Concentration (BAC) BAC indicates the grams per deciliter (g/dl) of alcohol in the blood BAC can be determined by breath, urine, or blood Although legal BAC levels vary by state a person is generally: Considered impaired from 0.01g/dl to 0.09g/dl Considered intoxicated at 0.10g/dl or greater ND is 0.08g/dl Penalties for DUI Monetary fine Enrollment in a DUI class Community service License suspended or revoked Jail sentence Implied Consent Law that states when you accept a drivers license you have already consented to being given a BAC test

Crime in America DUI (contd.) But I feel fine….. Maybe so, that is Alcohol’s job – to make you feel fine, but look at the science You cannot alter your bodies ability to take alcohol out of your system, only time can The amount of blood in your system is determined by your size, and is a percentage of your total weight. So lets look at two average people Female – 120 lbs 1 drink in 1 hour = 0.026g/dl 2 drinks in 1 hour = 0.064g/dl 3 drinks in 1 hour = 0.102g/dl 1 drink in 2 hours = 0.014g/dl 2 drinks in 2 hours = 0.052g/dl 3 drinks in 2 hours = 0.090g/dl Male – 150 lbs 1 drink in 1 hour = 0.013g/dl 2 drinks in 1 hour = 0.039g/dl 3 drinks in 1 hour = 0.065g/dl 4 drinks in 1 hour = 0.091g/dl 1 drink in 2 hours = 0.001g/dl 2 drinks in 2 hours = 0.027g/dl 3 drinks in 2 hours = 0.053g/dl 4 drinks in 2 hours = 0.080g/dl Women reach higher BACs faster because they have less water in their bodies and more adipose tissue (fat), which is not easily penetrated by alcohol. A man and a woman, with all other factors being equal, both drinking the same amount of alcohol, will have different BAC levels. Hers will be higher.

Crime in America Drugs Between 50 and 75% of all persons taken into criminal custody test positive for one or more drugs at the time of their arrest Trends are difficult to determine Some cities have outbreaks of crack cocaine, while others see a rise in the use of marijuana, heroin, or methamphetamines Some studies show a substantial increase in violence where crack cocaine is a problem Most illegal drugs are highly addictive and can disrupt the life of the user The Federal Drug Law divides drugs into five groups depending on medical use (if any), potential for abuse, and capability to create physical or psychological addiction

Crime in America Schedule I drugs Schedule II drugs Schedule III drugs Sentences for first-time, non-violent offenders convicted of trafficking in Schedule I drugs can easily turn into de facto life sentences when multiple sales are prosecuted in one proceeding. Sentences for violent offenders are much higher. Cannabis, heroin, lysergic acid diethylamide, mescaline, peyote, Psilocybin Schedule II drugs These drugs are only available by prescription. Prescription is limited to 30 days worth of doses, exceptions are made for cancer patients, burn victims, etc. No refills are allowed. Cocaine, methylphenidate, morphine, codeine, hydrocodone, phencycladine Schedule III drugs These drugs are available only by prescription. Prescriptions for Schedule III drugs may be refilled up to five times within a six month period Anabolic steroids, ketamine, tylenol3 Schedule IV drugs Control measures are similar to Schedule III. Prescriptions for Schedule IV drugs may be refilled up to five times within a six month period. Sleep aids like Ambien, minor pain meds like Darvocet

Crime in America Victims of Crime Schedule V drugs Hypocritical? Schedule V drugs are only available for a medical purpose. Cough suppressants, nasal decongestants, other OTC drugs Hypocritical? Many people call the federal drug act a hypocrisy Restricting drugs while allowing the sale of alcohol and tobacco Both of which cause more deaths per year than all illegal drugs combined Victims of Crime Found everywhere Young, old, male, female, rich, poor, all ethnic groups 24 million victims ages 12 and over per year Help for Victims From courts in the form of restitution From advocacy groups like MADD, SADD,

Crime in America Preventing and Reporting Crime What can you do? Report suspicious activity to the police. The police cannot help you if you don’t call them Always lock doors and windows. Cancel mail and newspapers when on vacation. Be alert in high crime areas – deserted streets, parking lots Use the buddy system Do not flash money in public Call the police if you witness a crime Try to provide the police with as much info as possible Write down details and a description of the suspect Do your duty – testify if needed

Crime in America If you become a victim What to do? You have two choices – Fight Back or Give In If you fight back, be prepared to risk injury If the assailant has a weapon expect them to use it Know your limitations Not everyone has the strength, size or knowledge to fight back effectively Make a lot of noise Criminals hate audiences Call the police as soon as you can Don’t give the criminal time to get away Help for victims Many government agencies have programs to assist survivors of violent crime National Center for Victims of Crime – www.ncvc.org Office for Victims of Crime – www.ojp.usdoj.gov/ovc