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CRIMINOLOGY TODAY. Chapters 10 -12. Chapter 10: Crimes Against Persons. This chapter discusses violent criminal offending by focusing on homicide, rape, robbery, assault, workplace violence, and stalking.

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CRIMINOLOGY TODAY

Chapters 10 -12


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Chapter 10: Crimes Against Persons

  • This chapter discusses violent criminal offending by focusing on homicide, rape, robbery, assault, workplace violence, and stalking.

  • These offenses have long been classified as violent because they involve interpersonal harm or threat of harm.


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Crime Typology

  • A classification of crimes along a particular dimension, such as legal categories, offender motivation, victim behavior, or the characteristics of individual offenders.

  • Crime typologies are designed primarily to simplify social reality by identifying homogeneous groups of crime behaviors that re different from other clusters of crime behaviors.


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Homicide

  • From Chapter 2, homicide is .1% of all crime, 23% involve strangers, 16% occur during commission of another felony.

  • Structural Explanations for Homicide – the South has a long history of high homicide rates. Subcultural theorists have proposed that the high rate of violent crime in the South reflects adherence to a set of violence-related norms that were generally accepted in earlier times but that have since become outdated in other regions.

  • No clear explanation of why, but stats show more frequency of homicides in the South.


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Definitions

  • Primary homicide – murder involving family members, friends and acquaintances

  • Expressive crime – a criminal offense that results from acts of interpersonal hostility, such as jealousy, revenge, romantic triangles, and quarrels.

  • Nonprimary homicide – murder that involves victims and offenders who have no prior relationship and that usually occurs during the course of another crime, such as robbery.

  • Instrumental crime – a goal-directed offense that involves some degree of planning by the offender.


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Homicide

  • Poverty is a stronger predictor of family homicide, and population size is more important in explaining stranger homicide.

  • Exposure-reduction theory – a theory of intimate homicide that claims that a decline in domesticity, accompanied by an improvement in the economic status of women and a growth in domestic violence resources, explains observed decreases in intimate-partner homicide.

  • Why do you think that is?


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Homicide

  • Sibling offense – an offense or incident that culminates in homicide. The offense or incident may be a crime, such as robbery, or an incident that meets a less stringent criminal definition, such as a lover’s quarrel involving assault or battery.

  • Victim precipitation – contributions made by the victim to the criminal event, especially those that led to its initiation. – Concept seems to blame the victim.

  • Most victims of spousal homicide had been drinking at the time of the incident. There is a significant association between alcohol and victim-precipitated homicides.


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Weapon Use

  • When guns are used robberies, the fatality rate is “three times as high as for robberies with knives and 10 times as high as for robberies with other weapons.”

  • The ease of availability of guns is important, but recommendation is “rather than a general effort to get guns off the streets, a more focused effort can be directed at prohibiting guns in particularly dangerous locations such as homes with histories of domestic violence, bars with histories of drunken brawls, parks in which gang fights tend to break out, and schools in which teachers and students have been assaulted.”


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The BTK Killer

  • Dennis Rader

  • “Blind, Torture and Kill his victims” BTK

  • 10 murders – Wichita KS over 3 decades

  • Plead – received 10 life sentences consecutive


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Alcohol and Drug Use

  • Drugs and violent offenders

  • 1) psychopharmacological model – use of drugs produces violent behavior

  • 2) Economic compulsion – committed to support a habit

  • 3) Systemic violence – drug wars to robbery of drug dealers

  • Selective disinhibition – a loss of self-control due to the characteristics of social setting, drugs or alcohol, or a combination of both.


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Gangs

  • Gang homicides were more likely to involve minority males, to make use of guns, to occur in public places, and to involve victims and offenders with no prior relationship.


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Serial Murder

  • Serial murder – criminal homicide that involves the killing of several victims in three or more separate events.

    • 10 myths, page 392

    • Estimates 100 murders year result of serial killings

    • Serial killings more likely to involve strangers (males) and rarely involves use of guns

    • Sexual sadism is strong pattern (male)

    • Female – disciple killer – Charles Manson

    • VICAP – Violent Criminal Apprehension Program – FBI focus on serial murder investigation – record keeping, patterns, offender profiling


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Mass Murder

  • The illegal killing of four or more victims at one location within one event

  • 1995 Oklahoma City bombing – 168 killed

  • 4 motive categories – revenge, love, profit and terror

  • Revenge represent largest category

  • Mass murderers often select targets that have some significance for them, such as workers at a site of former employer.

  • Easy to apprehend, because rarely leave scene or commit suicide after killings.


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Rape

  • Violence Against Women Act (VAWA) – a federal law enacted as a component of the 1994 Violent Crime Control and Law Enforcement Act and intended to address concerns about violence against women. The law focused on improving the interstate enforcement of protection orders, providing effective training for court personnel involved with women’s issues, improving the training and collaboration of police and prosecutors with victim service providers, strengthening law enforcement efforts to reduce violence against women, and increasing services to victims of violence. VAWA was reauthorized by Congress in 2000 and 2005.


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Rape

  • 92,455 completed or attempted rapes in 2006, but NCVS says 198,455 in 2006 – 2 rapes per 1,000 residents

  • 17.6% of women reported a completed or attempted rape during their lifetime

  • Rape myth – a false assumption about rape that characterize much of the discourse surrounding sexual violence.

  • Common law rape – carnal knowledge of a woman not one’s wife by force or against her will.

  • Karla Homolka – page 398 and 399


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Karla Leanne Homoka

  • Karla Leanne Homolka, also known as Karla Leanne Teale, (born May 4, 1970 in Port Credit, Ontario, Canada), is a Canadian serial killer who attracted worldwide media attention when she was convicted of manslaughter in the rape-murders of two teenaged girls; her husband, Paul Bernardo, was convicted of their murders and admitted having raped numerous women.

  • Homolka and Bernardo also were responsible for the rape and death of her sister Tammy. In return for her confession and testimony against her husband, she was given a plea bargain whereby she escaped the maximum penalty for her crimes. She pleaded guilty to manslaughter and served 12 years in prison. She now lives in an undisclosed location in the Antilles with her son.


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Rape Law Reform

  • Redefining rape and replacing the single crime of rape with a series of graded offenses defined by the presence of absence of aggravating conditions

  • Changing the consent standard by eliminating the requirement that the victim physically resist the attacker

  • Eliminating the requirement that the victim’s testimony be corroborated

  • Placing restrictions on the introduction of evidence of victim’s prior sexual conduct

  • Rape shield law – a statute providing for the protection of rape victims by ensuring that the defendants do not introduce irrelevant facts about the victim’s sexual history into evidence.


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Alabama’s Rape Shield Law

  • § 12-21-203. Admissibility of evidence relating to past sexual behavior of complaining witness in prosecutions for criminal sexual conduct.

  • (a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings:

  • (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this section.

  • (2) CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge.

  • (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards.

  • (b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in subsection (a) of this section, shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or of other witnesses, except as otherwise provided in this section.

  • (c) In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in subsection (d) of this section, finds that such past sexual behavior directly involved the participation of the accused.

  • (d) The procedure for introducing evidence, as described in subsection (c) of this section, shall be as follows:

  • (1) At the time the defense shall seek to introduce evidence which would be covered by subsection (c) of this section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant's offer of proof. All in camera proceedings shall be included in their entirety in the transcript and record of the trial and case;

  • (2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this section, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and

  • (3) The defense may then introduce evidence pursuant to the order of the court.


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Rape

  • Acquaintance Rape – rape characterized by a prior social, though not necessarily intimate or familial, relationship between the victim and the perpetrator.

  • Rape among college students – high incidence of rape. 20% of women reported. 28% of women reported having experienced rape or attempted rape since age of 14. Fraternities?

  • Spousal rape – the rape of one spouse by the other. The term usually refers to the rape of a woman by her husband. What do you think?

  • Rape in prison – no societal outrage – study Neb. 22% sexually assaulted.

  • Page 408 – Exotic Dancer Claims Rape - ?


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Child Sexual Abuse (CSA)

  • A term encompassing a variety of criminal and civil offenses in which an adult engages in sexual activity with a minor, exploits a minor for purposes of sexual gratification, or exploits a minor sexually for purpose of profit.

  • Registered sex offenders by state – p. 413

  • Alabama - http://community.dps.alabama.gov/


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Robbery

  • Robbery is classified as a violent crime because it involves the threat or use of force. It is, however, also a property crime in that the express purpose of robbery is to take the property of another.

  • Personal robbery – occurs on the highway or street or in a public place (mugging) and robbery that occurs in residences.

  • Targets – appear more or less attractive targets based on their perceived vulnerability and the social context of the surrounding neighborhood in which they are found.

  • Institutional robbery – occurs in commercial settings, such as convenience stores, gas stations, and banks.


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Robbery

  • Lethal Potential – robbery carries the threat of injury to the victim – and too often lethal injury. Reported injuries in 1 in every 3 robberies.

  • Robbery and transportation – page 418 – cabs – big target – preventive measures - and subways.


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Motivation of Robbers

  • Most robberies or both people and places involve very little planning on the part of the offender.

  • Fast cash was the direct need that robbery satisfies.

  • Economic motivation behind robbery should not be interpreted as “genuine financial hardship” but, rather, as a constant, ongoing crisis situation experienced as a result of the logic of the street context of robbers daily lives.

  • Alternatives of borrowing or performing legitimate work are not viable options for them to obtain money.


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Drug Robberies

  • Unreported – drug dealers – victimized with relative impunity – targeted because of cash and drugs.

  • Always possibility of violent retaliation.


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Robbery - Gender p. 422

  • Women robbery – 11%

  • Significant differences with men – men target men – men use a gun. Women may use other tactics to rob.


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Assault

  • Prototype of violent crime – most common

  • Starting point for serious offenses

  • Represent potentially lethal violence

  • Spontaneous – triggered by altercation or argument

  • Majority are simple assaults reported rather than aggravated (weapon)

  • Weapons are present in less than ¼ of assaults

  • The majority of assaults involve victims and offenders who are known to each other, quite often and familial or an intimate relationship.


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Family Violence

  • 51% of violent crimes involved victims and offenders who were related - 94% assaults

  • Family – fists, hands and knives more common than guns

  • Women more likely victims


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Assault

  • Intimate-partner assault – a gender-neutral term used to characterize behavior that takes place between individuals involved in an intimate relationship.

  • Most all heterosexual and most all victims are women.

  • Separation assault – violence inflicted by partners on significant others who attempt to leave an intimate relationship.


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Cycle of Violence

  • In rural communities – relative geographic isolation of most families makes it easy for men who batter their wives to also control their movement and everyday activities.

  • In 18% of cases, women reported that male partner used violence to prevent leaving, and in 22% violence used to get back her for leaving.

  • 12% of cases men used violence in response to women’s legal action


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Alabama DV Law - History

  • Alabama passed Act 00-266 on Domestic Violence on July 1, 2000

  • Alabama became the 26th state to name domestic violence as a separate crime in the criminal code

  • The law defines misdemeanor and felony domestic violence crimes, creates mandatory minimum sentences for those arrested repeatedly, and directs police officers to look for indications of a primary aggressor in assessing complaints.


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DV 3rd

  • Commits: Assualt 3rd, Menacing, Reckless Endangerment, Criminal Coercion, or Harassment

  • Victim: current or former spouse, parent, child, any person whom the defendant has a child in common, present or former household member, person who has or had a dating or engagement relationship

  • Class A Misdemeanor

  • 2nd or subsequent conviction – mandatory 48 hours in jail - 96 hours if PO violation


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DV 2nd

  • Commits: crime of assault 2nd degree

  • Victim: current or former spouse, parent, child, any person whom the defendant has a child in common, present or former household member, person who has or had a dating or engagement relationship

  • Class B Felony

  • Minimum 6 months if second, etc. conviction


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DV 1st

  • Commits: Assault 1st Degree

  • Victim: current or former spouse, parent, child, any person whom the defendant has a child in common, present or former household member, person who has or had a dating or engagement relationship

  • Class A Felony

  • Minimum 1 year for second, etc. conviction


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Arrest Without Warrant

  • Generally, unless it is a crime committed in presence of officer, must arrest with warrant

  • Statue for DV – Section 13A-6-133

  • Allows arrest without warrant for DV 1st, 2nd or 3rd


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Primary Aggressor: 13A-6-134

  • Law enforcement receives complaint from 2 or more opposing persons

  • Evaluate each separately to determine primary aggressor

  • If determines just one is PA, don’t have to arrest other alleged for DV


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Consideration for PA

  • 1) Prior complaints of DV

  • 2) Relative severity of the injuries inflicted on each person

  • 3) Likelihood of future injury to each person

  • 4) Whether one of the persons acted in self-defense


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(b) caution

  • A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for intervention by law enforcement by any party or base the decision to arrest or not to arrest on either of the following:

    • 1) The specific consent or request of the victim

    • 2) The officer’s perception of the willingness of a victim of or witness to the domestic violence to testify or otherwise participate in a judicial proceeding.


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Appropriate?

  • If I have to come out there, everyone is going to jail!

  • If you won’t testify against him, then I am not going to arrest him!

  • Officer, she doesn’t have a mark on her, and look what she did to me, I demand that you arrest her!


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Workplace Violence

  • Recognized as a specific category of violent crime that calls for distinct responses from employers, law enforcement and community.

  • Workplace violence includes murder, rape, robbery, and assault committed against persons who are at work or on duty.

  • Accounts for 18% of all violent crime in U.S.

  • Highest % - taxi drivers, late night retail or gas station clerks, other night workers, work in isolated or dangerous neighborhoods, and those who carry or have access to cash.


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Stalking

  • A course of conduct directed at a specific person that involves repeated visual or physical proximity; nonconsensual communication; verbal, written, or implied threats; or a combination thereof that would cause a reasonable person fear.

  • All states and federal government have antistalking laws.


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Alabama – Stalking Statute

  • § 13A-6-90. Stalking.

  • (a) A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking.

  • (b) The crime of stalking is a Class C felony.

  • § 13A-6-91. Aggravated stalking.

  • (a) A person who violates the provisions of Section 13A-6-90(a) and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking.

  • (b) The crime of aggravated stalking is a Class B felony.


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Cyberstalking

  • An array of high-technology related activities in which an offender may engage to harass or “follow” individuals, including e-mail and the Internet.


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CHAPTER 11: CRIMES AGAINST PROPERTY

  • Professional criminal – a criminal offender who makes a living from criminal pursuits, is recognized by other offenders as professional, and engages in offending that is planned and calculated.

  • Persistent thief – one who continues in common-law property crimes despite no better than an ordinary level of success

  • Offense specialization – a preference for engaging in a certain type of offense to the exclusion of others.

  • Occasional offender – a criminal offender whose offending patterns are guided primarily by opportunity.


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Criminal Careers

  • Criminal behavior is an integrated, dynamic structure of sequential unlawful acts that advances within a wider context of causal and correlative influences, including among others, those of biological, psychological and informal social and formal criminal justice origins.

  • Three phases –

    • Break-in

    • Stable period

    • Burnout

  • Careers of violent offenders are comparatively short – 1.58 years

  • Frank W. Abagnale, Jr. – Catch me if you can. Page 446-and 447


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Larceny-Theft

  • The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another

  • Crime of opportunity

  • Most frequently occurring offense

  • Largest – motor vehicles, shoplifting, theft from building

  • ¼ of all stolen – jewelry, camera equipment

  • Items taken from vehicles is 13% of all items stolen


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Theft

  • College Campuses – purses and wallets 22%, 14% bicycles, 10% audiovisual and office equipment.

  • Motor vehicle theft – includes motorcycles and snowmobiles. Vehicles – status symbols – people miss work due to stolen vehicle

    • High density area – parking lots higher risks

    • 81% reported – 62% recovered

    • Honda Accords and Toyota Camrys – most stolen

    • Car parts – Motor Vehicle Theft Law Enforcement Act

    • Joyriding – definition

    • Jockey - definition


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Shoplifting and Employee Theft

  • Shoplifting costs retailers $33.6 billion

  • 47% of loss from employee theft vs. 32% from shoplifting

  • Balance shoplifting with impact on sales

  • Juveniles do most shoplifting

  • Shoplifting is gateway offense – definition p. 454

  • Boosters –

  • Snitches -


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Burglary

  • Highly prevalent crime – 72% households at least once in lifetime

  • More occur during the day – no one at home

  • The invasion of one’s home produces a level of fear and apprehension beyond the dollar loss of the property taken.


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State vs. Burton Milline

  • Burton Milline Found Guilty of Burglary & Theft of Property

  • Burton Lopatrice Milline a/k/a Burtrun L. Milline, 30, of Daleville, Alabama was found guilty this past week by a Dale County Jury of Burglary 3rd and Theft of Property 2nd. Milline who has seven prior felony convictions began running from Daleville Police in August when they tried to question him on felony child abuse allegations. Milline broke into an apartment located near the A.M. Windham Elementary School in Daleville. The apartment tenant was out of town at the time when Milline busted in the door to gain entry. Milline preceeded to ransack the apartment (including vomiting and leaving feces) stealing several items including a 38 pistol. Milline was later picked up by Florida authorities and waived extradition back to Daleville. The lead investigator for the Wiregrass Drug and Violent Crimes Task Force, Lt. Willie Powell, testified about the Burglary and the evidence pointing to Milline. Lt. Jim Gresham, of the Daleville Police Department, testified about Milline fleeing the police the night he broke into the apartment. Sgt. Wayne Stripling testified about recovering the 38 pistol in Florida. The victim, the apartment tenant, testified about the condition of her apartment when she returned home, the items that were stolen, and how she felt violated by the crime. The defense tried to argue that Milline did not enter the apartment for the purpose of committing theft, but to hide from the police. However, Judge P.B. McLaughlin instructed the jury that the intent to commit theft in the burglary can be formed concurrent with entering the premises or can be formed after entry while remaining unlawfully therein. Chief Assistant District Attorney Bill Filmore who tried the case for the State said that Milline remains in jail pending his sentencing hearing in the next month where the State will be seeking the maximum sentence. “Milline is a career felon who needs to remain in prison,” said Filmore. (At Bibb CF – 31 years old – release date – 7/11/2023)


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Burglary

  • Known as a “cold” crime because there is usually very little physical evidence to link the offender to the offense, and by the time the victims realize hat they have been burglarized and have called the police, the burglar is usually long gone.

  • 44% of victims were working or engaged in leisure activities away from home when their residence was burglarized

  • 13% of victims reported being asleep during the burglary


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Motivation of Burglars

  • Look at from offenders perspective

  • Their decisions have their own internal logic from the standpoint of offenders’ social world and reflect fact many decision makers are “limited information processors with various simplifying strategies for resolving decisions.” i.e. ____________

  • The most prevalent rationale behind the offense of residential burglary is economic in nature: a need for fast cash.

  • Most of money obtained goes to support lifestyle that includes illicit drugs, alcohol and sexual pursuits.

  • Economic needs motivate – but it is not an economic motivation that results from a desire to satisfy needs as opposed to wants. i.e. not for food to keep from starving.


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Target Selection

  • Sites for commercial burglaries are usually selected on the basis of the suitability of the target. Retail establishments are 4 times more likely to be burglarized as are other types of establishments, such as wholesale or service business.

  • Burglars avoid occupied residences – fear of their own injury was greater than the fear of apprehension – get shot!

  • Burglars avoid complex security devices

  • Burglars avoid dogs


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Costs of Burglary

  • 86% of all household burglaries involve some type of economic loss

  • 29% of items stolen from homes are personal in nature – largest jewelry or clothing


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Burglary & Drugs

  • Need for crack cocaine – coming off high, have to get more crack – robbery increases and burglary decreases


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Stolen Property

  • Fence – a individual or a group involved in the buying, selling, and distribution of stolen goods.

  • Directly to waiting customer

  • Flea markets or auctions

  • Middlemen

  • Pawnbrokers

  • Body Parts for Sale p. 469 – What do you think?


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Alabama Pawnshop Act

  • § 5-19A-5. Statement verifying pledgor is rightful owner of goods; pawnbroker to maintain record of transactions; goods to be maintained on premises for certain number of days before resale.

  • (a) The pledgor or seller shall sign a statement verifying that the pledgor or seller is the rightful owner of the goods or is entitled to sell or pledge the goods and shall receive an exact copy of the pawn ticket which shall be signed or initialed by the pawnbroker or any employee of the pawnbroker.

  • (b) The pawnbroker shall maintain a record of all transactions of pledged or purchased goods on the premises. A pawnbroker shall make available to the appropriate law enforcement agency a record of the transactions. These records shall be a correct copy of the entries made of the pawn or purchase transaction, except as to the amount of cash advanced or paid for the goods and the monthly pawnshop charge.

  • (c) All goods purchased by the pawnbroker except for automobiles, trucks, and similar vehicles shall be maintained on the premises by the pawnbroker for at least fifteen business days before the goods may be offered for resale. Automobiles, trucks, and similar vehicles shall be maintained on the premises for 21 calendar days.


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Arson

  • Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, etc.

  • Church arsons – hate crimes – Church Arson Prevention Act of 1996 – legislation designed to increase penalties for church arsons – provisions to rebuild churches

  • Jay Scott Ballinger – page 470 at bottom


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Jay Scott Ballinger

  • Indiana man hostile to Christianity has been sentenced to 42 years in prison for arson at common law, the malicious and willful burning of the house of another. Originally, it was an offense against the security of habitation rather than against property rights.  attacks at more than two dozen U.S. churches in the mid- and late-1990s. Jay Scott Ballinger, 38, confessed to attacks on more than 25 churches in at least eight states in the southern and midwest United States officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . A self-described "missionary of Lucifer," Mr. Ballinger faces other charges for five church fires in Georgia. He was sentenced in November after pleading guilty in July to 20 counts of destroying church property. He was also ordered to pay $3.6 million (U.S.) in restitution.


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Jay Scott Ballinger

  • Mr. Ballinger's crimes were part of what was labelled a national epidemic of church fires in the 1990s. Hundreds of such fires were set, many of them at churches with mainly black congregations, leading to claims that they were racially motivated. The attacks became a subject of intense discussion across the United States, prompting expressions of concern by President Bill Clinton, and the establishment of the National Church Arson Task Force. Mr. Ballinger, who is white, attacked both black and white churches. He carried out more acts of arson than any other church arsonist, authorities said. Mr. Ballinger's girlfriend, Angela Wood, aged 25, was sentenced to almost 17 years in prison. She had claimed that Mr. Ballinger beat her, threatening her if she did not act as an accomplice see accessory. . Rose Johnson-Mackey, of the National Coalition for Burned Churches, noted that the churches targeted were spread across several states, from Indiana and Ohio in the midwest, to Kentucky, Tennessee, Alabama and South Carolina state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and FiguresArea, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15.  in the South, along with California. Many of the churches, Ms. Johnson-Mackey said, were in isolated areas. "You'd have to do a lot of work to find some of these churches. The question we have is whether we are just getting the tip of the icebergn.pl.tips of the icebergA small evident part or aspect of something largely hidden: afraid that these few reported cases of the disease might only be the tip of the iceberg. ." An investigation conducted by her organisation shows 826 church arson attacks in the United States from 1995 to 1997, and up to 700 since 1998.


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CHAPTER 12: WHITE-COLLAR AND ORGANIZED CRIME

  • In November 2001, Enron executives surprised stockholders when they revised the company’s financial statements for the prior 5 years in order to account for hundreds of millions of dollars in losses that they had previously hidden. A month later, Enron filed for Chpt. 11 bankruptcy protection and laid off more than 4,000 workers. The bankruptcy wiped out at least $24 billion of value in retirement plans, stock accounts, and mutual funds as the company’s stock plummeted.


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White-Collar Crime

  • Securities fraud – the theft of money resulting from intentional manipulation of the value of equities, including stocks and bonds. Securities fraud also includes theft from securities accounts and wire fraud.

  • White-collar crime – violations of the criminal law of by persons of respectability and high social status in the course of their occupation.

  • Secretive violations of public and corporate trust by those in positions of authority are just as criminal as predatory acts committed by people of lower social standing.

  • Tactics used by prosecutors on these cases – see page 483 on Richard M. Scrushy

  • Should white collar offenses receive any special treatment from the justice system?


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White-Collar Crime

  • Insider trading – equity trading based on confidential information about important events that may affect the price of the issue begin traded.

  • Bank Fraud – fraud or embezzlement that occurs within or against financial institutions that are insured or regulated by the U.S. government. Financial institution fraud includes commercial loan fraud, check fraud, counterfeit negotiable instruments, mortgage fraud, check kiting, and false credit applications.


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White-Collar Crime

  • Occupational crime – any act punishable by law that is committed through opportunity created in the course of an occupation that is legal.

  • Corporate crime – a violation of a criminal statute either by a corporate entity or by its executives, employees, or agents acting on behalf of and for the benefit of the corporation, partnership, or other form of business entity.

  • Environmental crime – a violation of the criminal law that, although typically committed by businesses or by business officials, may also be committed by other people or by organizational entities and that damages some protected or otherwise significant aspect of the natural environment. i.e. Exxon Valdez – spilling 11 million gallons crude oil over 1,700 miles of coastline.


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Curtailing White-Collar Crime

  • President George W. Bush created the Corporate Fraud Task Force within the U.S. Department of Justice in 2002 with the signing of the Sarbanes-Oxley Act or Public Company Accounting Reform and Investor Protection Act which set stiff penalties for corporate wrongdoers.

  • It was the most far reaching reform of American business practices since the time of Franklin Delano Roosevelt. The law authorizes new funding for investigations and for the development of new technologies at the SEC targeted at uncovering corporate wrongdoing.

  • The Act also requires chief executive officers and chief financial officers to personally vouch for the truth and fairness of their companies’ financial disclosures and establishes an independent oversight board to regulate the accounting profession.


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Organized Crime p. 503

  • The unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods and services, including gambling, prostitution, loan sharking, narcotics, and labor racketeering.

  • Mafia – another name for the Sicilian organized crime or Cosa Nostra

  • La Cosa Nostra – literally “our thing” a criminal organization of Sicilian origin. Also called the Mafia, the Outfit, the Mob, the syndicate or simply the organization.


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Organized Crime

  • Ethnic succession – the continuing process whereby one immigrant or ethnic group succeeds another by assuming its position in society.

  • Prohibition in 1919 – 18th amendment – made mafia financially sound

  • 1933 21st amendment repealed prohibition

  • Kefauver committee – the popular name for the federal Special Committee to Investigate Organized Crime in Interstate Commerce, formed in 1951.

  • Omerta’ – the informal, unwritten code of organized crime, which demands silence and loyalty, among other things, of family members.


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Organized Crime

  • Transnational organized crime – unlawful activity undertaken and supported by organized criminal groups operating across national boundaries

  • “The U.S. recognizes that we cannot confront crime in isolation. With criminals’ ability to cross international borders in a few hours, and the advances of our modern age, such as the Internet and telecommunications, crime can no longer be viewed as just a national issue.”

  • Russian organized criminal groups today operate out of 17 American cities in 14 states engaged in laundering, automobile theft, smuggling, contract murder, loan-sharking, medical insurance fraud, narcotics, and credit card and telecommunications fraud.


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Organized Crime

  • Racketeer Influenced and Corrupt Organizations (RICO) – a federal statute that was part of the federal Organized Crime Control Act of 1970 and that is intended to combat criminal conspiracies.

  • Focuses on ill gotten gains from illegal activities.


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Organized Crime

  • Asset forfeiture – the authorized seizure of money, negotiable instruments, securities, or other things of value. In federal antidrug laws, the authorization of judicial representatives to seize all monies, negotiable instruments, securities, or other things of value furnished by any person in exchange for a controlled substance, and all proceeds traceable to such an exchange.

  • Money laundering – the process of converting illegally earned assets, originating as cash, to one or more alternative forms to conceal such incriminating factors as illegal origin and true ownership.

  • 1986 federal Money Laundering Control Act requires that banks report to the government all currency transactions in excess of $10,000.

  • Estimated that approximately $15 billion of illicit U.S. drug proceeds move illegally every year into international financial channels.


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Next Week

  • Chapters 13 and 15, skip 14 per schedule


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