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Chapter 7 DRUGS, VICTIMS OF CRIME, and IF YOU BECOME A VICTIM
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DRUGS Increasingly has become widespread and its effects have touched everyone. Billions of dollars in costs each year Increase in criminal activity from murder to high level government corruption 50-75% of people taken into the criminal justice system test positive for drugs Crack cocaine seems to be a cause of increases in the rate of violent crime in a community where its use is prevalent One of the main factors in the fact that crime has reduced from the mid-90s is the reduction in drug use Friends haved used peer pressure to show that using crack is a disastrous choice Controlled Substances Act: classifies drugs into five groups. Penalties are different for each group
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LAWS CONCERNING DRUGS & VICTIMS OF CRIME Laws and penalties are harsher than they once were You may face life without parole if you are a major drug trafficker Small amount possession is treated as a felony in most states. Govt. can even take your possessions such as house, car, plane, or bank account if it was in any way used in your illegal drug business. ___________________________________ Crime affects us all but victims suffer most Young and old, rich and poor, and all racial and ethnic groups. 36 million americans per year are victims of crime Teens are the most likely to be victims
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Demographics of Victims of Crime Males are more frequently the victims of every form of violent crime (except rape and sexual assault) 1996-77% of murder victims were male 1 in 20 males was the victim of violent crime compared to 1 in 29 females in 1996 People from lower-income households were more likely to be victims of violent crime Minorities, urban dwellers, and renters were more likely to be victims of crime Counseling, medical care, and other services and benefits are provided by most states to victims of crime Victim impact statements at sentencing Restitution-criminal pays back or otherwise compensates victim for the crime.
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If You Become a Victim Victim advocacy groups for rape, spousal abuse, drunk driving, and child abuse are becoming widespread MADD and SADD have called to our attention the problem of drunk driving and destructive decisions ___________________________________ If you think you are about to become a victim of a violent crime there are two theories: –Don’t fight back-give up the property and reduce risk for injury –Resist the assailant-Fight or flight. If you choose this path, be prepared to risk injury Not everyone has the strength or size to be able to fight back successfully. If the assailant has a weapon, assume it is going to be used. Criminals do not want an audience. Scream or blow a whistle If you can’t run, sit down or lay on the ground Call the police as soon as you can. Don’t wait.
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CHAPTER 8 Intro. To Criminal Law All crimes require an act and a guilty state of mind Must be done intentionally, knowingly, or willfully Carelessness is not considered a crimnal state of mind If Meredith forgot to turn her stove off and burned down her apartment building-not arson (she committed the act but did not have a guilty state of mind (maliciousness) State of Mind is different from MOTIVE (level of awareness vs. reason act is performed) Strict liability offenses do not require a guilty state of mind: selling alcoholic beverages to minors (liquor stores are guilty whether they knew the person was underage or not)
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General Considerations Crimes are made up of elements Prosecutor must prove beyond a reasonable doubt that every element of a crime was committed. Robbery vs. Burglary Robbery-taking from someone’s person and use of force or intimidation. If the person broke in when you were not home, then it is burglary If Paul sets fire to Tamika’s store, the state may file criminal charges for arson. Tamika may also bring a separate civil action to recover damages to her store. ___________________________________ State and Federal Crimes State: examples: simple assault, drunk driving, shoplifting Federal: examples: failure to pay income tax, mail fraud, espionage, smuggling Both state and federal: eamples: possession of dangerous drugs and bank robbery
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Classes of Crimes And Parties to Crimes Felonies & Misdemeanors Felony-Prison for over a year Misdemeanor-Prison for one year or less Person committing crime is the principal Accomplice is someone who helps anotehr person commit a crime (getaway car driver) Accomplices can be charged and convicted with the same crime as the principal Accessory Before The Fact: A person who orders a crime or who helps the principal commit the crime but who is not present. Accessory After The Fact: Person knowing a crime has been committed, helps the principal or an accomplice avoid capture or escape (may be charged with harboring a fugitive, aiding the escape, or obstructing justice)
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Crimes of Omission, Preliminary Crimes, & Solicitation Omission or failure to act: can be a crime It is a crime for a taxpayer to fail to file a tax return or for a motorist to fail to stop after involvement in an automobile accident. When a person fails to perform an act required by a criminal law if he or she is physically able to perform the required act. ___________________________________ Behavior that takes place before the commission of a crime: Solicitation, attempt, and conspiracy-help the police prevent the intended crime. ___________________________________ Solicitation: to ask, command, urge, or advise another person to commit a crime. Danny asks Wally to kill his wife, and even if Wally refuses, Danny is guilty of solicitation
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Attempt & Conspiracy Attempt: In most states the mere attempt to commit a crime is in itself a crime. The accused must have both intended to commit a crime and taken some substantial step toward committing the crime. A person intends to kill someone, but misses or merely wounds the person, they are guilty of attempted murder. If you are apprehended on the way to murder somebody then it is up to the courts to determine if an attempt was underway. ___________________________________ Conspiracy: Agreement between two or more people to commit a crime Nick a drug dealer asks Sunny, his associate, to kill another dealer in his “hood”. If Sunny agrees and takes a step toward it, they are guilty of conspiracy to commit murder even if it is not accomplished
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OVERT OVERT: Open to view. Usually this is required for a conspiracy charge Draft evasion charges during Vietnam War Speeches made at anti- draft rallies were cited as the overt acts on which the conspiracy charges were based.
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