Stankiewicz.  What are the elements of crime?  What are legal defenses/legal excuses for criminal responsibility?  Explains some types and definitions.

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Presentation transcript:

Stankiewicz

 What are the elements of crime?  What are legal defenses/legal excuses for criminal responsibility?  Explains some types and definitions of selected crimes?  Explain how crime is measured and why crime statistics are unreliable.

 Identify the costs of crime  Fear of Crime  Characteristics of victims of crime

 Crime  From the Latin meaning “accusation” or “fault”  Legal Definition  An intentional violation of the criminal law or penal code, committed without defense or excuse and penalized by the state

 Over-criminalization  Non-enforcement  Under-criminalization

 ______________________________________ ______________________________________ ______________________________________ ______________________________________  “Victimless” crimes

 ______________________________________ ______________________________________ ______________________________________ ______________________________________  Kissing may last for no longer than five minutes in Indiana  In Michigan a woman isn’t allowed to cut her own hair without her husband’s permission

 The failure to routinely enforce prohibitions against certain behavior  Authorities – “__________________________”  Common for some “white collar” crimes and “blue laws”  Causes disrespect for law  _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________

 ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________

 Technically a crime has not been committed unless all of the following elements are present:  ___________________  Legality  ___________________  Mens Rea  ___________________  Concurrence  Punishment

 The external consequence – an action  ______________________________________

 ___________________ ___________________ ___________________ ___________________ __________________

 A threat to do something violent to someone  _____________________ _____________________ _____________________ _____________________ _____________________

 Writing something false about another person that injures him/her is called “_____________”  Spoken equivalent is called “__________________”

 A mental or emotional state is not sufficient  ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ to commit a crime is not sufficient

 Legality has two elements  ___________________ ___________________ ___________________  Law must not be retroactive or “___________________ ___________________”

 ______________________________________ ______________________________________ ______________________________________  Increases the punishment for an act after it was committed  Changes the rules of evidence  ___________________________________ prohibits ex post facto laws

 Criminal conduct – ___________________ ___________________ ___________________ ___________________ ___________________

 Latin for “Criminal Intent”  ___________________________________  Intentional or inaction  Not _________________________________

 ___________________ ___________________ ___________________ ___________________ ___________________ ________________

 ______________________________________ ______________________________________ ______________________________________ – or Actus reus  Criminal act must directly lead to harm without a long delay

 For any behavior to considered a crime there must be a ______________________________________ ______________________________________ ______________________________________

 For something to be a crime there must be some statutory provision for punishment or at least the threat of punishment  Without this fact the law is ___________________________________ and therefore not a criminal law

 In US, offender is not considered responsible (or less responsible) for an offense if he/she has:  _____________________________  Was insane  Acted in self defense or to save another  _________________________________  Acted out of necessity

 _____________________________________

 ______________________________________ ______________________________________ ______________________________________  18 and older an adult  Special circumstances  In Us under ____________ it is assumed person does not have capacity to form criminal intent

 Category of offense for young offenders between the ages __________________

 Mental or psychological __________________ that or _____________ as a defense against a criminal charge  Sanity or insanity determined by ______________________________________ ______________________________________

 Insane: if at time of offense the perpetrator:  Did not know the nature and quality of the act  Did not know that the act was wrong  ______________________________________ ______________________________________ ______________________________________  Not nearly as common as portrayed in the movies/tv or in myth

 ______________________________________ ______________________________________  Use only _________________________ necessary to defend  In case of property  Deadly force not authorized; non-deadly sometimes authorized  _____________________________________

 A legal defense against criminal responsibility when a person, who was not readily predisposed to it  ______________________________________ ______________________________________ _____________________________________  Common defense used  Usually ___________________________

 A legal defense against criminal responsibility used when ______________________________________ ______________________________________ ______________________________________

 Violent Crimes  Crimes that involve _______________________

 Murder  The crime of _______________ _______person especially with _______________ aforethought

 Manslaughter  __________________________________________ _________________________________________, either express or implied; distinguished from murder, which requires __________________________________________

 Aggravated Assault  The crime of physically attacking another person which results in ______________________ and/or is made with a deadly or _________________ weapon such as a gun, knife, sword, ax or blunt instrument

 Robbery  The taking of money or goods in the possession of another, from his or her person or immediate presence, _________________________________

 Kidnapping  ______________________________________ with intent to hold him for ransom or reward; or use him as a ____________________ ; or accomplish or aid the commission of any felony or flight therefrom; or inflict physical injury upon him, or to violate or abuse him sexually; or terrorize him or a third person

 Larceny  __________________________________________ __________________________________________ ___________________________________ with the intent to deprive him or her of its possession permanently

 Burglary  The __________________ breaking and entering of the dwelling of another at night with an intent to commit a felony therein.

 Embezzlement  The act of ____________________________ for the purpose of ______________ of such assets by one or more individuals to whom such assets have been entrusted, to be held and/or used for other purposes

 Arson  The crime of maliciously, voluntarily, and willfully ____________________________, buildings, or other property of another or of burning one's own property for an improper purpose, as to collect __________

 Extortion (also called shakedown, outwrestling, and exaction)  A criminal offence __________________________________________ _________________________________________, through coercion

 Blackmail  Extortion of money or something else of value from a person by the ____________________ ____________________ ____________________ ____________________ ____________________

 Fraud  In criminal law, __________________________ made for personal gain or to damage another individual

 Counterfeiting  The process of fraudulently ____________________________________, altering, or distributing a product that is of lesser value than the _______________________.

 Treason  A ______________________________________ ______________________________, make war against, or seriously injure the [parent nation]."  In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aiding or involved by such an endeavor.

 Sedition  Is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order  __________________________________________ __________________________________________ __________________________________________

 Widespread group of professional criminals who rely on illegal activities as a way of life and whose activities ______________________________________ ______________________________________ ______________________________________ ______________________________________

 Hate Crimes occur when a perpetrator ______________________________________ ______________________________________  Examples of such groups include but are not limited to: racial group, religion, sexual orientation, ethnicity or gender identity

 Financially motivated nonviolent crime committed for illegal monetary gain

 Actions that have been ruled illegal but do ______________________________________ ______________________________________ ______________________________________  Often involves consensual acts in which two or more persons agree to commit a criminal offence in which no other person is involved  Examples include prostitution, gambling, and ____________________.

 It is difficult to accurately measure the amount of crime statistics  “Behavior” is viewed as some as criminal and others as noncriminal  If behavior is not labeled as a crime it is not counted  Large percentage of crimes are _______________  Large percentage of crimes go _______________  Some crimes are not documented by police

 Really only an index of crime known to the police  A crime index  Estimate of crimes committed

 Victims consider crime _________________  Victims avoid ___________________ an offender  Offender may be a family member  Victim may ___________________________  Gambling; prostitution

 Victim may wish to avoid the inconvenience of calling the police  Victim may be __________________________  Victim may ____________________________  Victim may feel police are inept and can’t catch the ____________________________

 A measure of the _____________________ expressed as the number of crimes per unit of population

 Official data on crime in the United States, published by the Federal Bureau of Investigation (FBI)  UCR is a "a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention

 Crime statistics are compiled from UCR data and published annually by the FBI  The FBI does not collect the data itself  Law enforcement agencies across the United States provide the data to the FBI, which then compiles UCR  UCR program began in 1930, and since then has become an important source of crime information for law enforcement, policymakers, scholars, and the media

 The UCR Program consists of four parts:  Traditional Summary Reporting System (SRS) and the National Incident Based Reporting System (NIBRS) – Offense and arrest data  Law Enforcement Officers Killed and Assaulted (LEOKA) Program  Hate Crime Statistics Program – hate crimes  Cargo Theft Reporting Program – cargo theft

 Eight Index Crimes  ____________________ ____________________  ____________________ ____________________ ____________________ 1. Murder and manslaughter 2. Forcible Rape 3. Robbery 4. Aggravated assault 5. Burglary 6. Larceny/theft 7. Motor vehicle theft 8. Arson

 An incident-based reporting system used by law enforcement agencies in the United States for collecting and reporting data on crimes  Local, state and federal agencies generate NIBRS data from their records management systems

 Data is collected on every incident and arrest in the Group A offense category  These Group A offenses are 46 specific crimes grouped in 22 offense categories  Specific facts about these offenses are gathered and reported in the NIBRS system  In addition to the Group A offenses, eleven Group B offenses are reported with only the arrest information

 Administered by the _____________________________________  A national survey of US households twice a year in the United States  The survey focuses on gathering information on the following crimes: assault, burglary, larceny, motor vehicle theft, rape, and robbery  The survey results are used for the purposes of building a crime index

 According to National Crime Victimization Surveys (NCVS) in 2005 cost to victims was _____________________________________  Does not count the cost of the criminal justice system  Other economists/criminologists (private) have estimated the costs at _____________ US dollars (University of Chicago's Journal of Law and Economics)

 A byproduct of crime is the fear of crime  Fear almost same if one experiences crime or knows someone who experienced crime

 Gender: ____________ fear crime more than males by over 2 to 1  Race: ___________________fear crime more than whites (41%-30%)  Age: _________________fear crime more than any other age group  Region: _________________ fear crime more than any other region

 Education: High School graduates slightly more fearful of crime than people with some college  Politics: ______________________________________ ______________________________________  Income: Fear declines with _______________

 The elements of crime  Legal defenses/legal excuses for criminal conduct  Some types and definitions of selected crimes  How crime is measured  Crime statistics are unreliable

 The costs of crime  The Effects of the Fear of Crime  Characteristics of Likelihood of victims of crime

 Bohn, Robert M. and Haley, Keith N. Introduction to Criminal Justice, (Columbus Ohio: The McGraw-Hill Companies) 2011, Chapter 2