Paul Becker

1. Paul Becker • BS, Criminology, Indiana State University (1983-87) • MS, Criminology, ISU (1987-89) • Adult Probation Office, Elkhart (IN) City Court (1989-1992) • Ph.D. Sociology, concentration in Criminology and Corrections, BGSU (1992-96) • Morehead State University – Assistant Professor of Criminology (1996-2002)

2. At UD since 2002 • Associate Professor of Sociology • Affiliated with CJS • Research and Teaching Interests • White Supremacy and Anti-government Groups • Hate Crimes and Hate Crime Legislation • Corporate Crime • Victimology, Exploitation of Children Online • Environmental Justice • Visual Sociology • The Portrayal of Crime and Justice on TV & in Movies • Criminology Theory and Policy Issues

3. What I’ll Discuss Tonight • Defining and Categorizing Crime • Measuring Crime • The Criminal Justice System • Police • Courts • Corrections • Influence of Legislative Bodies and Society • Incarceration rates and costs

4. What is a Crime? • A crime is an act • committed in violation of a law forbidding it (e.g. theft, arson) • or omitted in violation of a law commanding it (paying taxes) • and for which society has provided a formally sanctioned punishment

5. Many ways to categorize crimes: examples • Misdemeanor vs. Felony • Wedding Cake

6. Groupings of Crimes • Violent Crime • Property Crime • Computer / High-Tech Crime • Organized Crime • White-collar Crime

7. What you need, legally, to have a crime • Corpus delicti: each crime has elements that must be meet to ‘prove’ the offense occurred • Actus reus = action • Mens rea = intent • Common law definition of Burglary • Entering the dwelling of another (act) • In the night time • To commit a felony within (intent)

8. Why do people commit crimes? - lots of theories - need to be careful: spurious correlation

9. MEASURING CRIME AND CRIME STATISTICS

10. Crime Statistics (Data) may be reported three ways • Raw Data • Percent Change • Rate (per 100,000)

11. Measuring Crime Crime Statistics come from four sources: • Ask the police • Ask the courts • Ask the victim • Ask the offender Closer we are to actual crime, better the statistics Dark Figure of Crime

12. ASK THE POLICE

13. Uniform Crime Reports - FBI Part I Offenses (AKA Index Crimes): Eight severe crimes that form the crime rate. 1) Homicide 2) Rape/Sexual Assault 3) Robbery 4) Felony Assault 5) Burglary 6) Larceny 7) Motor Vehicle Theft 8) Arson

14. National Incident-Based Reporting System (NIBRS) • Transition – part of UCR • not all states plan to adopt • More info on offenders and victims • Includes stats on • Embezzlement • Fraud Offenses • False Pretenses/Swindle/Confidence Game • Credit Card/Automatic Teller Machine Fraud • Impersonation • Welfare Fraud • Wire Fraud

15. Problems with these stats • UCR – FBI required to collect data, local/state agencies not required to provide • Local/state agencies under-report • Victim may not report • Embarrassed • Doesn’t know they’ve been a victim • Scared of retaliation • Others . . . . • Rate declines could be due to changes by police rather than changes in incidents

16. ASK THE COURTS

17. Offender Based Transaction Statistics (OBTS) • Tracks adult offenders from the point of entry into the criminal justice system • typically by arrest through final disposition • Regardless of conviction or acquittal • Collected by individual states • Least common – seldom seen references to in CJ research

18. Problems with these stats • Includes only felony dispositions - no misdemeanors. • Based on internal state law in each state. Since state law is not uniform, different states will treat/define a particular offense differently • Voluntary as to participation

19. ASK THE VICTIM

20. National Criminal Victimization Survey (NCVS) Sample of NCVS interview questions “Now I am going to ask you about any crimes that may have been inflicted on you in the last 12 months.” 72. During the last 12 months, did anyone break into your home or apartment and steal something? • A. Was the crime reported to the police? • B. Why was the crime not reported to the police? • C. Were you satisfied or not satisfied with the manner in which the complaint was handled after it was reported to the police? • D. Where did the burglar enter your home or apartment? • E. What time of day did the burglary occur? • F. What, if anything, was stolen? • G. Was the stolen property recovered? • H. If all or part of your stolen property was recovered, who recovered it

21. Problems with these stats • May feel that you were a victim, but may not meet a legal definition • Same as ‘ask the police’ – may be reluctant to admit; However • Juveniles self report about 2x more compared to ‘ask the police’ stats

22. ASK THE OFFENDER (aka self report)

23. Drug Use Forecasting (DUF) National Youth Study (NYS) • Trying to get to crimes not known to police • remember: in general the closer we get to the crime, the better the data • Problems • Truthfulness: both under and over reporting • Confidentiality • have to be careful as a researcher • don’t make promises that you can’t keep

24. Responding to crime: The Criminal Justice System

27. THE CRIMINAL JUSTICE SYSTEM Courts Police / Law Enforcement Corrections -community -institutional

28. THE CRIMINAL JUSTICE SYSTEM Courts Society Police / Law Enforcement Legislative Bodies Corrections -community -institutional

29. POLICE / LAW ENFORCEMENT

30. Modern Policing • Importance of Discretion • Not like on TV • Paperwork • Firing a gun in the line of duty • Constitutional rights • Current Hot Trend: Community Policing

31. COURTS

32. Different types of Courts • Local: felony, misdemeanor, combo • State • Federal • Appeal vs. Trial • Your can only appeal an error or constitutional violation

33. Role of Discretion: What impacts sentence? • Judges attitude • Community Attitudes • Law • Evidence • PSI • Seriousness of Crime • Effect on Victim • Defendant’s attitude • Politics • Sentencing guidelines • Jails position • Community Resources

34. E D E R A L S E N T E N C I N G G R I D PAROLE ABOLISHED ON THE FEDERAL LEVEL!!

35. Example of calculating offense level Martin Miller of Bethesda (defrauding business partners)

36. E D E R A L S E N T E N C I N G G R I D PAROLE ABOLISHED ON THE FEDERAL LEVEL!!

37. Importance of Plea Bargains

38. Current issue facing the courts: The CSI Effect

39. Entertainment vs. Education Thomas Mauriello (a forensic scientist): "What's happening is [that] everyday people are watching the TV show and they think they're being educated as well as entertained."

40. CORRECTIONS

41. Corrections involves • Community Supervision in Lieu of Incarceration • Suspended Sentence • Probation: Reporting vs. Nonreporting • House Arrest • Diversionary Programs • Community Supervision Following Incarceration • Parole (vs. maxing out) • Incarceration • Prison, Jail, Boot Camps • Other • Work Release Programs

42. Community Sanctions • Probation Officers • Home visits • Guns • Power of arrest • Fines, Community Service, Counseling, Drug Tests, Special Programs, PUF • Offender’s Rights (or lack of)

43. Is this how you view prison?

44. Contemporary Pod System

45. Due to crowding – some rely on a dorm system

46. The Reality of Prison • Threat of violence • Race and gangs • Availability of contraband • Little things that make it difficult

47. Prison population and Costs of the Cj system

50. Soft on Crime? • The U.S. has the highest incarceration rate in the world • seven to 10 times as many as most other democracies • If no changes • an estimated 1 of every 15 persons will serve time in a prison during their lifetime. • Black males - 1 in 3 chance of going to prison during his lifetime • For a Hispanic male, it's 1 in 6 • For a white male, 1 in 17