TYPES OF LAW: Civil Law – “I’m going to sue you!!”   Laws regulating relationships between individuals; Based on contracts between those people (2 types): EXPRESSED (written or spoken) IMPLIED (understood) Results if you win: 1. INJUNCTION: You stop someone from doing something 2. MONETARY: People pay you because they failed to honor their obligation or contract NO PRISON SENTENCES FROM CIVIL CASES!!! LOWER BURDEN OF PROOF: You just have to prove your case with a PREPONDERANCE (majority) of the evidence.

Major issue in Civil Law: TORT (civil wrong) REFORM   Do people sue for frivolous (poor) reasons and clog up the courts?   If we limit people’s ability to sue, do we deny them their right to just compensation for injury and loss?

Criminal Law   Criminal law – laws defining acts subject to fines & imprisonment. In the Criminal Law system it is the STATE / FEDERAL GOVERNMENT vs. the ACCUSED (DEFENDANT). Victims of crime are NEVER the PLAINTIFFS. The governments laws were broken and they are prosecuting the case. The VICTIM is just a bystander.

CRIMINOLOGY Crime: Deviant behavior formally negatively sanctioned (prison or fines) by a social group. Helping another plan or cover up a crime is also punishable: Accessory before the Fact: helps plan the criminal act but does not participate in the crime. Some states call this “conspiracy” Accessory after the Fact: a person who knowing a crime has been committed helps the criminal avoid capture and prosecution

Elements of a Crime: What makes something a crime?  Actus Reus = The act of committing a crime  Mens rea = guilty mind. CRIMINAL INTENT are you capable of knowing right from wrong? some exceptions: mental state, mental state, age, age, cognitive ability – (mental retardation) cognitive ability – (mental retardation)

Can you be guilty and innocent at the same time?  Entrapment: Compelling someone to commit a crime not initially contemplated by him or her.  Police are not allowed to entrap citizens in criminal acts 

Measuring Crime  Most Common Tool:  Uniform Crime Report (UCR): * First national crime report *Annual statistical analysis of all crimes reported to the police. *Annual statistical analysis of all crimes reported to the police. *Compiled by the FBI (Federal Bureau of Investigation) from local PD’s *Compiled by the FBI (Federal Bureau of Investigation) from local PD’s Problems with UCR: Limited to crimes reported to police Limited to crimes reported to police Multiple crime events listed singly (i.e. shooting during a robbery listed only as a shooting) Multiple crime events listed singly (i.e. shooting during a robbery listed only as a shooting)

Measuring Crime: UCR cont. RECENT DEVELOPMENT: Definition of RAPE to change to include men and women. Molestation and abuse of boys had previously never been counted as rape RECENT DEVELOPMENT: Definition of RAPE to change to include men and women. Molestation and abuse of boys had previously never been counted as rape Signifcance: Signifcance: -Only ¼ of rapes are reported. -Only ¼ of rapes are reported. -Rape statistics will rise in the future. -Rape statistics will rise in the future. -More support for rape victims -More support for rape victims Which crime do you think is reported most accurately? Which crime do you think is reported most accurately? MURDER! MURDER!

New Crime Measures  National Incident Based Reporting System (NIBRS) “New UCR” More specific than UCR Identifies more types of crime Not as widely adopted as the UCR  National Crimes Victims Survey (NCVS) Run by the Census Bureau Identifies crimes not reported to the police Often shows twice as much crime as the UCR Often shows twice as much crime as the UCR Reports titled “Households touched by Crime” Reports titled “Households touched by Crime”

STATE AND FEDERAL LAW   All US citizens are subject to two types of laws: STATE: Every state creates their own laws FEDERAL: The Federal Government makes law for all 50 states Federal Law is SUPREME Most criminals are state and local facilities (over 80% of our 2 million prisoners are in local or STATE Prison)

NEW JERSEY STATE LAW   NJ does not classify crimes as FELONIES (more than 1 year in jail) and MISDEMEANORS (more than 1 year in jail)   NJ LAW: PETTY DISORDERLY PERSONS OFFENSES (PDP’s) Least severe criminal charge Heard in MUNICIPAL COURT Max sentence: 30 days Max fine: $500 Examples: Harrassment Disorderly Conduct   NJ LAW: DISORDERLY PERSONS OFFENSES (DP’s) Less severe criminal charge Heard in MUNICIPAL COURT Max sentence 180 in COUNTY JAIL Max fine: $1,000 Examples: Simple Assault (fighting) Marijuana possession (under 50 grams) Theft under $200

Indictable offenses in NJ New Jersey Degrees of crime New Jersey Degrees of crime 1) First degree ; 1) First degree ; MOST SERIOUS  Prison: between 10 years and LIFE (85% MANDATORY)  Fine max: $200,000 “Felony” 2) Second degree; 2) Second degree;  Prison: between 5 and 10 years (85% MANDATORY)  Fine max: $150,000 “Felony” 3) Third degree Prison: between 3 and 5 years Fine max: $15,000 “Felony” “Felony” 4) Fourth degree = LEAST SERIOUS 4) Fourth degree = LEAST SERIOUS (Crimes not identified by degree are usually fourth degree) Prison max: 18 months Fine max: $10,000 Usually a “misdemeanor” (less than a year in jail)

FEDERAL CRIME: Certain Crimes are deemed FEDERAL OFFENSES What makes something a FEDERAL OFFENSE? 1. Occurs on FEDERAL PROPERTY or related to FEDERAL AGENCIES *Military Base *Indian Reservation *Crosses STATE BORDERS *Mail FRAUD of any kind

FEDERAL CRIMES 2. Severe Crimes formally sanctioned by the US Congress: *KIDNAPPING *BANK ROBBERY *COUNTERFEITING *DRUG CRIME (“Kingpin”, Large scale drug manufacturing) *TERRORISM *HATE CRIMES (Specified) *CRIMINAL ORGANIZATIONS (Organized Crime) *CERTAIN WEAPONS CHARGES (machine guns / silencers) *PROTECTED WILDLIFE *MARITIME CRIME (Crime on the high seas) *AIR TRAVEL (Crimes related to traveling or interfering with air travel) *INTERNET FRAUD / CRIMES *TAX EVASION *STOCK AND BOND TRADING VIOLATIONS *IMMIGRATIONS VIOLATIONS

FEDERAL LAW ENFORCEMENT AGENCIES  FBI: Federal Bureau of Investigation: Premier federal law enforcement agency  USSS: United States Secret Service: Protection and Financial security (counterfeiting and credit fraud)  US Marshal Service Captures Federal fugitives Captures Federal fugitives  Department of Homeland Security (DHS) Department of Homeland Security Department of Homeland Security United States Coast Guard (USCG) United States Coast Guard (USCG) United States Coast Guard United States Coast Guard United States Customs and Border Protection (CBP) United States Customs and Border Protection (CBP) United States Customs and Border Protection United States Customs and Border Protection United States Border Patrol (USBP)United States Border Patrol (USBP)United States Border PatrolUnited States Border Patrol United States Immigration and Customs Enforcement (ICE) United States Immigration and Customs Enforcement (ICE) United States Immigration and Customs Enforcement United States Immigration and Customs Enforcement Transportation Security Administration (TSA) Transportation Security Administration (TSA) Transportation Security Administration Transportation Security Administration Federal Air Marshal Service (FAMS)Federal Air Marshal Service (FAMS)Federal Air Marshal ServiceFederal Air Marshal Service  Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Bureau of Alcohol, Tobacco, Firearms, and Explosives Bureau of Alcohol, Tobacco, Firearms, and Explosives  Drug Enforcement Administration (DEA) Drug Enforcement Administration Drug Enforcement Administration

Sentencing for Crime  Judges decide how long you will serve & how much you will pay based on: Severity of the crime Severity of the crime Their personal opinions Their personal opinions  90% of cases are Plea “bargained” (more difficult in Federal Court)  Some crimes have MANDATORY sentences (NJ 85% served for 1 st and 2 nd Degree)  The DEATH PENALTY has been abolished in New Jersey

Crime in the US reached a peak during the crack years(1980’s-1992) Crime in the US reached a peak during the crack years(1980’s-1992) Experts predicted that crime would continue to increase Experts predicted that crime would continue to increase Around 1992 crime rates began falling dramatically Around 1992 crime rates began falling dramaticallyWHY????????

  1. Stronger Economy: less poor = less crime   2. Changing population: Baby Boomers getting older; huge population segment no longer criminally active   3. Better Policing Strategies: Computer analysis of crime, Nuisance crime initiative, etc.   4. Gun Control Laws: stricter gun laws = less crime   5. Allowing concealed weapons: Sounds logical, no evidence of impact   6. Capital Punishment: more executions scared potential criminals

 Economist Stephen Levitt investigated the data and reached different conclusions. According to Levitt’s research crime plummeted because: 1. More Police: 60,000 more police officers added during the 1990’s 1. More Police: 60,000 more police officers added during the 1990’s 2. Rising Prison Population: By 2000 more than two million people were in jail, 4x more than Rising Prison Population: By 2000 more than two million people were in jail, 4x more than 1972.

 3. The Receding Crack Epidemic: When the crack epidemic ended; crime decreased  4. Levitt’s most controversial theory Legalized Abortion is a factor in the drop in crime: 1973 abortion became legal abortion became legal. Levitt theorized that unwanted babies, who statistically were at greatest risk for criminal behavior, were never born. Levitt theorized that unwanted babies, who statistically were at greatest risk for criminal behavior, were never born. 18 years later, when they would have embarked on their adult criminal life, they weren’t there. 18 years later, when they would have embarked on their adult criminal life, they weren’t there. Political and Social DYNAMITE Political and Social DYNAMITE

One funny law related to automobiles is the method of receiving fuel. It is illegal to pump your own gas. If you see a self-service gas station, just keep driving, it could be a trap. A second weird law related to automobiles is when you can buy one. It is illegal for a car dealership to be open on Sunday. Residents of New Jersey should refrain from purchasing a car on Sunday, wait until Monday when the dealership is allowed to be open. A third dumb law related to automobiles is when it is allowable to pass someone. It is illegal for an automobile to pass a horse drawn carriage on the street. Passing the carriage may startle the horses and create a hazard. A funny law related to your hobbies in New Jersey restricts when a man can participate in needlework. Men may not knit during fishing season. He may be arrested. Instead, wait for football season. There are also weird laws regarding what you eat in New Jersey. Selling ice cream after 6pm in Newark is illegal, unless the customer has a doctor’s note. You may want to purchase your ice cream early in the day to avoid breaking this law. Another dumb law relating to food in New Jersey restricts noise level. It is illegal to slurp your soup. If you cannot eat soup quietly you should skip this course or only have soup in the privacy of your home.