1. Crime in America – Chapter 7

2. Nature of Crimes What is a crime? Many different categories
Something one does or fails to do that is in violation of a law.
Behavior for which there is a set penalty
Many different categories
Ex: Violent Crimes (Murder)
Ex: Theft Crimes (Robbery)
Ex: White Collar Crimes (Embezzling)
Ex: Incomplete Crimes (Attempted Murder)
Something that is deemed harmful to individuals or to society
Acteus Reus + Mens Rea = Crime (in most cases)
You have to do the act that constitutes the crime, and you also have to have the intention to do something criminal
Different ways to categories crimes.

3. Nature of Crimes Trends in America Since the 1980s:
Decrease in violent crimes
Decrease in property crimes
Increase in drugs crimes
WHY? Focus on the “War on Drugs”
By 1990 violent crime, including shootings, were at an all time high in the US. Many crimes related to increase in cocaine use in the 1980s. However, after 1990, murder rate plunged.
Currently, we are living in one of the least violent times in American history. Why does it seem like things are so bad? Media – each and every violent event is reported and we all see them.
No one knows for sure why we have seen a decrease in the number of crimes. Is it because the economy has been stable? Do we have more police officers? Is it because we have had mass incarceration of criminals, so there are fewer on the street? Answer varies depending on who you ask.

4. Nature of Crimes Causes of Crimes: Poverty Lack of Education
Unemployment
Drug/Alcohol Abuse
Inadequate Police Protection
Ineffective Correctional System
Influence of Violence in the Media
Causes of crime are complex. Often, there is more than one of these factors in place. Also, these factors are not determinative. For example, there are lots of people who come from impoverished areas who never commit a crime. There are many who come from abusive homes, or who have parents that abuse drugs, that never commit crimes. These factors make it MORE LIKELY that the person exposed to them will end up committing a crime.

5. Nature of Crimes
United States has one of the highest incarceration rates in the world
Incarceration = imprisonment by the government
People disagree on the solution
Would longer prison sentences reduce crimes?
What about certainty of punishment (make it harder for people to avoid prison?)
US incarceration rate = about 750 per 100,000 of the population
Other countries  Germany 76/100,000; Italy 85/100,000; Saudi Arabia 161/100,000; Russia 415/100,000 (zero tolerance for drug crimes)
US has 4.4% of the world’s population, but 22% of the world’s incarcerated criminals
Varies widely by state. EX: Louisiana is highest (surpasses national rate by 100%), Maine is low and only has about 1/5 of the national rate
2007 – estimated cost of corrections, which includes prisons, jails, probation, and parole, is about $74 billion per year

6. Theories of Punishment
Why do we punish people?
There are several different theories

7. Theories of Punishment – Deterrence Theory
What is it?
Arguments Against
Deter people from committing crimes
General Deterrence – the punished person is an example for others
Specific Deterrence – deter the person from committing another crime when they are released from prison
High Rates of Recidivism (relapse into crime)
Ineffective when dealing with crimes of passion or drug-related crimes b/c people are not able to engage in rational cost- benefit analysis
First three theories are forward-looking. Looking towards the future to try to prevent or reduce crimes in the future. How do we address the problem of crimes moving forward?
Two levels of deterrence:
General – If the population at large knows that they will be punished for committing a crime, fewer people will be likely to commit the crime
Specific – Once a person has been punished, they will be less likely to commit a crime again because they will want to avoid future punishments
Arguments against – hasn’t proved to be very effective. There are a lot of people who end up back in prison after having served one more more sentences, so they were not really deterred from committing additional crimes.
Crimes of passion – usually when people become very angry… walk in on your spouse cheating on you; arguing with a loved one (domestic violence); angry or disgruntled employee, etc
Drug crimes – people aren’t thinking rationally when they want to obtain drugs or the money to buy drugs. In their mind, the need for the drugs outweighs the risk of being caught again and going to prison
Theories of Punishment – Deterrence Theory

8. Theories of Punishment – Incapacitation Theory
What is it?
Arguments Against
Gets criminals off the street and protects the public
Removes the offender from society by making it impossible for him to commit crimes
Only works while the offender is locked up
Very expensive to run prisons - costs more to lock more people up
Disrupts families – can contribute to the cycle of crime
Simple theory – If all the criminals are in prison, they won’t be committing crimes.
Problem – Prison sentences have end dates and when the convicted parties are freed from prison, they will be free to commit additional crimes.
Costs are extremely high
When a parent is incarcerated, it’s more likely that the child will eventually commit crimes and become incarcerated. Perpetuates the cycle of crime instead of cutting down on it
Theories of Punishment – Incapacitation Theory

9. Theories of Punishment – Rehabilitation Theory
What is it?
Arguments Against
Purpose of the punishment is to change the behavior of the law-breaker through correctional interventions
Ex: Drug Treatment programs
Belief is that the punishment should fit the crime
Can be expensive
Doesn’t always work
Even more expensive than incarceration, but many people feel that this is the best option
Theories of Punishment – Rehabilitation Theory

10. Theories of Punishment – Retribution Theory
What is it?
Arguments Against
Looks to the past instead of the future – You should be punished simply because you committed a crime
Punishment because you deserve it
Helps restore balance to peaceful society
Provides closure for victims (form of vengeance)
Backward-looking, doesn’t do anything to prevent future crimes
Can be difficult to match crime to punishment
Backwards thinking approach. Not concerned with preventing future crimes, but focused on making up for past crimes.
Victims and their families want vengeance for crimes. Imagine if someone killed a loved one and you knew there would be no adequate punishment. You would be more likely to want to take matters into your own hands. We would have a lot of vigilante justice, which would lead to instability in society. By promising that the person who committed a crime will be adequately punished, we can avoid situations where victims take matters into their own hands.
Theories of Punishment – Retribution Theory

11. Gangs and Crime Gangs contribute a great deal to crime in America
What is a GANG? – Group that is closed to the general public, for certain common purposes, that may include criminal activity
Have been around since the 19th Century (divided by ethnicity)

12. Gangs and Crime Why are today’s gangs so violent?
Many focus on criminal activities (drugs, sex trafficking, firearm sales, auto theft, prostitution, etc)
Turf wars with rival gangs
Many members see no hope for the future, no incentive to NOT commit crimes
Violent gang initiatives to prove that one is worthy of membership

13. Guns and the Law
Efforts to control firearms VERY controversial in the United States
One side – availability of guns makes it easier for people to commit violent crimes
Other side – people, not guns, commit crimes and criminals would get possession of guns even if they were illegal

14. Guns and the Law Gun Control Act of 1968
Passed after assassinations of MKL Jr. and Sen. Robert Kennedy
Certain people – such as convicted felons, minors, and undocumented immigrants – from buying or possessing guns
Guns must have serial numbers
No mail-order guns
No interstate sales of guns
Guns sales also regulated by state laws

15. Guns and the Law State Laws - PA
Must be 21 or older to apply for a license to carry a firearm
Sheriff has 45 days to conduct background check
Sheriff can deny license of the person applying if he believes that the “character and reputation of the individual are such that they would be likely to act in a manner dangerous to public safety.”

16. Guns and the Law Would gun control reduce crime?
Hot Button Issue this election cycle
: Majority of Americans favor stricter gun control laws
: Trend reversed; slight majority says gun laws should remain the same or be made less strict
2012: 24% of Americans want ban on owning handguns

17. Substance Abuse and Crime
Much of criminal activity is caused by substance abuse (drugs and alcohol) and the need for money to buy more
Alcohol – most widely abused substance in the US
WHY? More socially acceptable than other drugs, more widely available
Crimes: drinking and driving, abuse of family members, assault (fights)

18. Substance Abuse and Crime
PA Laws for DUI
21 or over = BAC > .08
Under 21 = BAC . 02
Penalties are tiered – Higher BAC and more offenses lead to higher penalties
Monetary Fines
Jail Time
License suspended

19. Substance Abuse and Crime
PA Laws for DUI
What if you refuse to take a chemical test?
PA has an IMPLIED CONSENT law.
By driving on the roads, you impliedly consent to subject yourself to chemical tests if pulled over
Automatic Fine and License Suspension of months if you refuse

20. Substance Abuse and Crime
Drugs
Major problem – related to crime
Between 50-75% of persons taken into the criminal justice system test positive for one or more drugs at the time of their arrest
Sometimes the crime directly involves drugs
Possession, distribution
Sometimes the crime is fueled by drugs or the need for money to buy them
Robbery, assault

21. Substance Abuse and Crime
Drugs
Leads to higher incidences of recidivism
Repeat Criminal Offenders
People come out of jail and go back to drugs fairly quickly
Many states have longer jail sentences for repeat offenders
Unnecessarily harsh?
Some favor legalizing drugs so they can control sale and use