1. They are like referees for the court
CRIMINOLOGY
UNIT 1: LAW AND CRIME
TWO TYPES OF LAW:
CIVIL and CRIMINAL
Citizen v. Citizen
Government v. YOU!
Judges are impartial
They are like referees for the court

2. Why do people sue each other? When can you sue someone?
Civil Law: I’m going to SUE YOU!! Essential Question: What were you supposed to do?
Why do people sue each other?
When can you sue someone?
Do people file too many lawsuits?

3. Civil Law – “I’m going to sue you!!”
Civil Law: Laws regulating relationships between individuals: Plaintiff (person suing) v. Defendant (being sued)
Based on contracts between those people (2 types):
EXPRESSED (written or spoken) WARRANTY/GUARANTEE
IMPLIED (understood) e.g. HOUSE GUEST
What do you win?:
1. INJUNCTION: You stop someone from doing something (NFL
2. MONETARY: People pay you because they failed to honor their obligation or contract
LOWER BURDEN OF PROOF: EASIER TO WIN. You can win with a PREPONDERANCE (majority) of the evidence (Criminal burden higher = beyond a reasonable doubt)
Govt. provides COURT, JUDGE & JURY;
NO PRISON SENTENCES FROM CIVIL CASES!!!
NJ Small Claims court: under $3,000, no lawyer needed, $35 court cost

4. Civil Law v. Criminal Law
1. What is the difference between civil law and criminal law?
2. What is the longest possible jail sentence for a civil case?
3. Whose side is the judge on in a civil case?
4. What is a frivolous lawsuit?

5. Major issue in Civil Law: TORT (civil wrong) REFORM
Do people sue for frivolous (poor) reasons and clog up the courts? Top 10, lawyer video
If we limit people’s ability to sue, do we deny them their right to just compensation for injury and loss?

6. TORT REFORM: Who benefits?
Two major competing interests:
LAWYERS: generally opposed to TORT reform. Why?
INSURANCE COMPANIES: support TORT reform. Why?

7. Unit 1: Crime and Law?
Crime: an ILLEGAL act punishable by the government
How do we define what actions are CRIMINAL?
Society (group) elects lawmakers
Lawmakers pass laws about behavior
Government appoints agents of ENFORCEMENT
Citizens are PUNISHED (sanctioned) for breaking LAWS by the impartial courts

8. Criminal Law
Criminal law – laws defining acts subject to fines & imprisonment.
GOVERNMENT vs. Defendant (accused)
Two levels of Criminal Law: STATE / FEDERAL
Victims of crime are NEVER the PLAINTIFFS (ACCUSERS).
The governments laws were broken and they are prosecuting the case. The VICTIM is just a bystander.

9. CRIME AND LAW
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

10. Elements of a Crime: What makes something a crime?
1. Actus Reus = The act of committing a crime
2. Mens rea = Latin for: guilty mind Did you have CRIMINAL INTENT?
Did you know the difference between right and wrong?
Some important exceptions:
mental state,
age,
cognitive ability – (mental retardation)

11. 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 using undue coercion

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

13. Problems with the UCR: Definitions of Crimes CHANGE.
For example:
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:
-Only ¼ of rapes are reported.
-Rape statistics will rise in the future.
-More support for rape victims
Which crime do you think is reported most accurately?
MURDER!

14. 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)
-Compiled by the Census Bureau
-Identifies crimes not reported to the police: Sexual Assault, domestic violence, petty theft
-Often shows twice as much crime as the UCR
- Reports titled “Households touched by Crime”

15. STATE AND FEDERAL LAW STATE: Every state creates their own laws
All US citizens are subject to two levels of laws:
STATE: Every state creates their own laws
Page 3-4 Marijuana Laws
FEDERAL: The Federal Government makes law for all 50 states
Federal Law is SUPREME
Most criminals are state and local offenders (over 80% of our 2 million prisoners are in local or STATE Prison)
video

16. NEW JERSEY STATE LAW: Non-Indictable offenses
NJ does not classify crimes as FELONIES (MORE than 1 year in jail) and MISDEMEANORS (LESS than 1 year in jail)
INSTEAD, NJ classifies crimes as:
1. Non-Indictable: Petty Disorderly Persons (PDPs or Disorderly persons (DPs) offenses (EVERYONE ELSE CALLS THESE MISDEMEANORS)
2. Indictable: Fourth through First degree crimes (EVERYONE ELSE CALLS THESE FELONIES)

17. NJ: Non-Indictable Offenses
NJ LAW: PETTY DISORDERLY PERSONS OFFENSES (PDP’s)
Least severe criminal charge
Heard in MUNICIPAL COURT
Max sentence: 30 days
: Examples:
Harrassment
Disorderly Conduct
NJ LAW: DISORDERLY PERSONS OFFENSES (DP’s)
Less severe criminal charge
Max sentence 180 days in COUNTY JAIL
Examples:
Simple Assault (fighting)
Marijuana possession (under 50 grams)
Theft under $200
Crime RESOURCE PACKET PAGES 16-18

18. Indictable offenses in NJ: HEARD IN SUPERIOR COURT
 New Jersey Degrees of crime
1) First degree; MOST SERIOUS
Prison: between 10 years and LIFE (85% MANDATORY )
“Felony” in most other states
2) Second degree;
Prison: between 5 and 10 years (85% MANDATORY)
“Felony” in most other places
3) Third degree
Prison: between 3 and 5 years
“Felony” in most states
4) Fourth degree = LEAST SERIOUS
Prison max: 18 months
“misdemeanor / felony in most other states

19. New Jersey gets tough and SMART:
Getting Tough on Crime: States wanted to crack down on violent criminals
California and other states: THREE STRIKES and YOU’RE OUT Laws
Most states with 3 Strikes: 3 violent felonies = 25 to life
California: 2 felonies of any kind + one other arrest = 25 to life
California PRISON POPULATION EXPLODED!
New Jersey gets tough and SMART:
NERA: No Early Release Act – You must serve 85% of your sentence for certain 1st or 2nd degree crimes (usually violent crimes)

20. FEDERAL CRIME: What makes something a FEDERAL OFFENSE?
Certain Crimes are deemed FEDERAL OFFENSES
What makes something a FEDERAL OFFENSE?
Usually severe crimes: Drugs, Fraud, Conspiracy,
1. Occurs on FEDERAL PROPERTY or related to FEDERAL AGENCIES
*Military Base
*Indian Reservation
*Crosses STATE BORDERS
*Mail / Internet FRAUD of any kind

21. 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

22. FEDERAL LAW ENFORCEMENT AGENCIES
FBI: Federal Bureau of Investigation: Premier federal law enforcement agency (Domestic Crime / Domestic Terrorism)
USSS: United States Secret Service: Protection and Financial security (counterfeiting and credit fraud)
US Marshal Service
Captures Federal fugitives
Department of Homeland Security (DHS) (22 Agencies)
United States Coast Guard (USCG) SAR / Drug interdiction / Counter Terrorism
United States Customs and Border Protection (CBP)
United States Border Patrol (USBP)
United States Immigration and Customs Enforcement (ICE)
Internal Immigration enforcement
Transportation Security Administration (TSA)
Federal Air Marshal Service (FAMS)
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
Drug Enforcement Administration (DEA) Legal and Illegal drugs

23. Sentencing for Crime
Judges / Juries decide how long you serve / pay based on allowable sentence ranges. Other factors:
Severity of the crime
Their personal opinions
90% of cases are Plea “bargained”
Some crimes have MANDATORY sentences (NERA = 85% for violent 1-2 degree in NJ)
The DEATH PENALTY has been abolished in New Jersey

24. What caused the giant crime increase in the 1980’s?
How did the government punish people more severely for
certain types of cocaine possession?
3. What steps did society take to deal with the crime explosion?

25. Around 1992 crime rates began falling dramatically
CRIME: WHERE DID IT GO?
Crime in the US reached a peak during the crack years(1980’s-1992)
Experts predicted that crime would continue to increase
Around 1992 crime rates began falling dramatically
WHY????????

26. THEORIES FOR CRIME DROP:
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
WHEN TESTED THESE THEORIES WERE FOUND INCONCLUSIVE

27. FREAKONOMICS?
Economist Stephen Levitt investigated the data and reached different conclusions. According to Levitt’s research crime plummeted for 4 reasons:
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 1972.

29. 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.
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.
Political and Social DYNAMITE : many disagree with this conclusion