© 2015 Cengage Learning Chapter 3 Defining and Measuring Crime Chapter 3 Defining and Measuring Crime © 2015 Cengage Learning

Learning Objective 1 Discuss the primary goals of civil law and criminal law and explain how these goals are realized. AP Photo/Pocono Record, Keith R. Stevenson

© 2015 Cengage Learning Classifications Civil Law (private) Dawn Bonavita vs. Anthony Calabria – Civil court is concerned with responsibility – The burden of proof is preponderance of the evidence – The remedy for violations of civil law is damages or Coercive relief: Compensation Injunctive Criminal Law(Public) State of Delaware vs. Dawn Bonavita – Criminal court is concerned with guilt – The burden of proof is beyond a reasonable doubt The burden of proof is beyond a reasonable doubt – The remedy for violations is some form of punishment and/or rehabilitation

© 2015 Cengage Learning Classifications of Civil Law

© 2015 Cengage Learning Classifications of Crime Felonies – More serious or atrocious than misdemeanors – Punishable by death or imprisonment in a penitentiary for a period of a year or longer Misdemeanors – Less serious crimes – Punishable by a fine and/or incarceration in a local jail for up to one year Violations (Infractions) Punishable by a fine

© 2015 Cengage Learning Learning Objective 2 Explain the differences between crimes mala in se and mala prohibita.

© 2015 Cengage Learning Classifications of Crime Mala in Se – Acts that are inherently wrong, regardless of whether they are prohibited by law (Examples include murder, rape, and theft) Mala Prohibita – Acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves (Examples include speeding and loitering)

© 2015 Cengage Learning Learning Objective 3 Identify the publication in which the FBI reports crime data and list the three ways in which the data are reported.

© 2015 Cengage Learning Measuring Crime in the US The Uniform Crime Report (UCR) Produced by the Federal Bureau of Investigation Includes data collected from 17,500 policing agencies each year

© 2015 Cengage Learning Measuring Crime in the US Part I Offenses: – Violent Crimes – Property Crimes Part II Offenses: – Includes all crimes that do not fall into the category of Part I offenses – Measured only by arrest data – Occur five times more often than Part I offenses

© 2015 Cengage Learning PART 1 OFFENSES MURDER The willful (non-negligent) killing of one human being by another.

© 2015 Cengage Learning FORCIBLE RAPE “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” ( (includes attempt to commit rape by force or threat of force) Excludes: Statutory rape, other sex offenses

© 2015 Cengage Learning ROBBERY The taking or attempting to take of anything of values from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

© 2015 Cengage Learning AGGRAVATED ASSAULT The unlawful attack by one person on another for the purpose of inflicting severe bodily injury.

© 2015 Cengage Learning BURGLARY The unlawful entry of a structure to commit a felony or a theft.

© 2015 Cengage Learning LARCENY The unlawful taking, carrying or riding away of property from the possession or constructive possession of another.

© 2015 Cengage Learning MOTOR VEHICLE THEFT The theft of attempted theft of a motor vehicle.

© 2015 Cengage Learning ARSON Any willful or malicious brining or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another,and the like.

© 2015 Cengage Learning Part II Offenses Part II offenses are less serious than Part I offenses and include many social order offenses, such as:  Simple assault  Driving under the influence  Prostitution  Vandalism  Receiving stolen property  Fraud  Embezzlement

© 2015 Cengage Learning UCR Data Crime Rate = number of crime 100,000 population CLEARANCE RATE = Number of arrests Number of crimes reported

© 2015 Cengage Learning Measuring Crime in the US The National Incident-Based Reporting System – Expanded the UCR – Collects data on each single crime within 22 offense categories of 46 specific crimes – 4 data sets: Offense Victim Offender (including motivation) Arrestees – Also collect incident information

© 2015 Cengage Learning Measuring Crime in the US

© 2015 Cengage Learning Learning Objective 4 Distinguish between the National Crime Victimization Survey (NCVS) and self- reported surveys. AP Photo/Press of Atlantic City, Danny Drake

© 2015 Cengage Learning Is all crime accounted for?

© 2015 Cengage Learning Victims of Crime Victim Surveys are a method of gathering information in which citizens are surveyed directly regarding their criminal victimizations. Victim Surveys – Victim surveys attempt to uncover the dark figure of crime. Self-report surveys ask respondents to tell about their criminal activities. – Reliability is an issue. – Self-report surveys are also an attempt to measure the dark figure of crime.

© 2015 Cengage Learning Victims of Crime

© 2015 Cengage Learning Learning Objective 5 Describe the three ways that victim’s rights legislation increases the ability of crime victims to participate in the criminal justice system.

© 2015 Cengage Learning Victims of Crime Crime Victims’ Rights Act of 2004 – Victim’s right to participate in the system Legislative action – The right to be informed – The right to be present – The right to be heard The right to be heard

© 2015 Cengage Learning Learning Objective 6 Discuss one major concern regarding victim participation in the criminal justice process.

© 2015 Cengage Learning Victims of Crime Anger Guilt Shame Grief Repeat victimization PTSD Anxiety Depression Drug use Suicidal tendencies

© 2015 Cengage Learning Learning Objective 7 Identify the three factors most often used by criminologists to explain changes in the nation’s crime rate. Photo by Robert Nickelsberg/Getty Images

© 2015 Cengage Learning Crime Trends in the US The “usual suspects” of crime fluctuation: – Imprisonment – Youth populations – The economy

© 2015 Cengage Learning Learning Objective 8 Explain why income level appears to be more important than race or ethnicity when it comes to crime trends. Joe Sohm/Visions of America/Newscom

© 2015 Cengage Learning Crime Trends in the US Crime, Race, and Poverty: – In general, poor people and minorities commit more crimes and are more often the victims of crimes, than wealthier people and whites.

© 2015 Cengage Learning Learning Objective 7 Discuss the prevailing explanation for the rising number of women incarcerated in the United States.

© 2015 Cengage Learning Crime Trends in the US Women and Crime: – Crime is a predominantly male activity, however female offending rates are steadily increasing. – Criminal Justice System is now more willing to incarcerate women. – Explanations include Adler’s “liberation hypothesis” and the “get-tough” on crime movement.

© 2015 Cengage Learning Women are more likely to be in prison for drug and property offense, while men are morel likely to be in prison for violent offenses. 1/25 in state and 1/33 in federal female offenders are pregnant upon admission Women are more likely victims of sexual offenses. Women are more likely (59% compared to 43%) to have chronic and/or Communicable diseases. Women are more likely to have symptoms of mental health problems (73% compared to 55%)

© 2015 Cengage Learning The exception “The Antifreeze Killer” Lynn Turner.The Antifreeze Killer AileenAileen Wuornos Andrea Yates Susan Smith