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Race and Gender
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Hate crimes Criminal act against a person/property by an offender motivated by racial/other bias. May express hostility towards someone’s race/religion/ancestry/sexual orientation/physical disability
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Statistics 2003 – 7,500 hate crimes were recorded in the US.
1998 – Matthew Shepard was a gay University of Wyoming. He was assaulted for his sexual orientation.
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National Gay/Lesbian Task Force stated:
One out of five lesbian/gay members of society are physically assaulted. More than 90% are verbally abused (Berill – 1992:19-20) 25% of hate crimes based on race targeted white people (Jenss & Grattest, 2001)
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Deviance & Gender Stricter controls on women Historically society has centered women in the home Therefore………. Women have limited opportunities in the US. Women have little or no opportunities around the world.
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Examples……. Saudi Arabia – women can’t vote OR drive
Iran – if a woman shows her hair, she can be whipped In 2002, a divorced Nigerian woman bore a child out of wedlock. She was sentenced to death by stoning. It was later overturned to protect the health of the unborn baby.
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Strain Theory applied…………
Cultural goals – financial success (male focused theory) Strain results from a cultural idea of equality (female focused theory)
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Labeling theory applied………
Different standards for judging behavior Women vs men Society has usually put men in positions of power over women Therefore……….. Often people (men) escape direct responsibility for their victimizing actions
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Con’t (labeling theory)
Women who are victimized may have to convince others (ex: Jury) not to blame the victim for this sexual harassment. Ex: Use of background of the woman; how she was dressed; etc. – The Accused
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Social-conflict analysis
This does not address gender at all If economic disadvantage is the primary cause of crime…….. Why do women commit fewer crimes?
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Crime Violation of criminal laws enacted by a locality, a state or a federal government.
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Element #1: The act itself Failure to do what the law requires
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Element #2: Criminal intent “guilty mind” Matter of degree
Willful conduct to negligence
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Negligence person doesn’t set out to hurt anyone but still fails to act in a way that results in harm. 1st or 2nd degree manslaughter Negligent manslaughter Self-defense
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Types of crime
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Crimes against the person
Violent crimes Direct violence Threat of violence against others
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Types of violent crime:
Murder Manslaughter Aggravated Assault Forcible Rape Robbery
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Willful killing another human being Purposeful or by accident
Murder & Manslaughter Willful killing another human being Purposeful or by accident
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Aggravated assault Unlawful attack for purpose of inflicting severe or aggravated bodily injury
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Carnal knowledge of a female forcibly or against her will
Forcible rape Carnal knowledge of a female forcibly or against her will
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Robbery Taking or attempt to take anything of value from care/custody/control by threat/force or putting the victim in fear
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Crimes against property
Crimes that involve theft of property belonging to others Burglary Larceny/theft Auto theft Arson
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Unlawful entry of a structure to commit a serious crime or theft
Burglary Unlawful entry of a structure to commit a serious crime or theft
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Larceny/theft Unlawful taking, carrying, leading, riding away of property from possession of another
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Theft/attempted of a vehicle
Auto theft Theft/attempted of a vehicle
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arson Any willful/malicious burning or attempt to burn the personal property of another
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Definition is: No obvious “victims” “Crimes without complaints”
Victimless crimes…….??? Definition is: No obvious “victims” “Crimes without complaints” Include: Drug use; prostitution; gambling
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Unfortunately…..these do have “victims”
Pregnant teen who is addicted to drugs? Baby as well as “mom” is suffering. Business man who is gambles away his life savings? Family has no money and has to struggle Pre-teen boy who steals to buy more drugs? Stealing to fund a habit that is also victimizing him
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Statistics………… 1960 – 1990: crime rates were high
2003: crime rates have decreased 12 million serious crimes are reported each year in the US (only known to the police) Homicides – most reported Assaults – rarely reported Property crimes – low depending on the amount lost Victimization surveys – crime rate is 3 times higher than officially reported (Russell, 1995b)
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Due process Police Courts Punishment
Justice system Due process Police Courts Punishment
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Due process Bill of Rights (Constitution) Right to:
Counsel; 5th Amendment (deny to testify; Double Jeopardy; etc); confront accusers; Speedy/public trial; fair punishment (no cruel/unusual punishment)
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Accuser has a right to…………
1 – fair notice of proceedings 2 – hearing on charges/ability to present defense 3 – judge/jury of peers
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Police Primary point of contact between the justice system and society’s population
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Courts Plea bargaining – negotiation could reduce a charge or prison sentence Punishments Include: Retribution; Deterrence; Rehabilitation; Societal Protection
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Retribution Act of moral vengeance by which society makes the offender suffer as much as the suffering caused by the crime This helps the “moral balance”
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Deterrence Attempt to discourage criminality through the use of punishment Specific: convince criminal that crime doesn’t pay General: punishment of one person which serves as an example
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Rehabilitation Program to reform the offender to prevent later offenses Motivates the offender to conform Tailors to the offender not the crime
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Societal protection Renders the offender incapable of further offenses temporarily through prison and/or execution
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Community based Corrections
Correctional programs operating within society at large rather than behind prison walls Main advantages: Reduce costs; reduces overcrowding in prisons; allows for supervision without prison/stigma Probation Shock probation Parole
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Probation A policy permitting the convicted offender to stay in the community under conditions imposed by the court. Examples: Receive counseling; drug treatment program; hold a job; stay away from “known criminals”; etc Result of not “following the rules”………….go back to prison
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Shock probation Policy by which a judge orders a convicted offender to prison for a short time but then suspends the remainder of the sentence for probation. Used to show the seriousness of the situation Could be a military like setting for 1 – 3 months to teach discipline and respect for authority
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Parole Policy of releasing inmates from prison to serve the remainder of their sentences in the local community. Under supervision Most become “eligible for parole” after serving a certain amount of time Sentence is then “complete”
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