CRIMINOLOGY. UNIT 1: LAW AND CRIME. TYPES OF LAW: Civil Law – “I’m going to sue you!!”. Civil Law: Based on _____________ between those people (2 types): EXPRESSED IMPLIED Results if you win: 1. INJUNCTION : 2. MONETARY : LOWER BURDEN OF PROOF :
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CRIMINOLOGY UNIT 1: LAW AND CRIME
TYPES OF LAW: Civil Law– “I’m going to sue you!!” Civil Law: Based on _____________ between those people (2 types): EXPRESSED IMPLIED Results if you win: 1. INJUNCTION: 2. MONETARY: LOWER BURDEN OF PROOF: Government provides the ___________________________; They have no other interest in the case
Unit 1: Crime and Law Crime: How do we define what actions are CRIMINAL? Society (group) elects________________ Lawmakers create laws about behavior Government appoints agents of________________ Citizens are _______________________ for breaking LAWS
Major issue in Civil Law: Do people sue for frivolous (poor) reasons and clog up the courts? If we limit people’s ability to sue, do we deny them their right to just compensation for injury and loss?
TORT REFORM: Who benefits? • Two major competing interests: • LAWYERS: generally opposed to TORT reform. Why? • INSURANCE COMPANIES: support TORT reform. Why? • Both groups advocate aggressively to support their positions
Criminal Law Criminal law – GOVERNMENTvs.___________________ • Two levels of Criminal Law: • Victims of crime are • The governments laws ___________________ and they are ____________ the case. The VICTIM is just a_____________.
Crime and Law Crime: Helping another plan or cover up a crime is also punishable: Accessory before the Fact: Accessory after the Fact:
Elements of a Crime: What makes something a crime? • 1. Actus Reus = • 2. Mens rea = • some exceptions:
Can you be guilty and innocent at the same time? Entrapment: Police are not allowed to
Measuring Crime Most Common Tool: Uniform Crime Report (UCR): *First *Annual statistical analysis . *Compiled by the Problems with UCR: Limited Multiple
Problems with the UCR: • for example: • RECENT DEVELOPMENT: Definition of RAPE to change to include • Signifcance: • . • . • Which crime do you think is reported most accurately?
New Crime Measures National Incident Based Reporting System (NIBRS) “New UCR” National Crimes Victims Survey (NCVS) Compiled by the Census Bureau
STATE AND FEDERAL LAW • All US citizens are subject to two levels of laws: • STATE: • FEDERAL: • Federal Law is • Most criminals
NEW JERSEY STATE LAW: Non-Indictable offenses • NJ does not classify crimes as ___________ (more than 1 year in jail) and _____________________ (more than 1 year in jail) • NJ classifies crimes as: • ____________________: Petty Disorderly Persons or Disorderly persons offenses (________________________________________) • ________________: Fourth through First degree crimes (_________________________________________)
NJ: • NJ LAW: PETTY DISORDERLY PERSONS OFFENSES (PDP’s) • __________________________ criminal charge • Heard in _________________________ • Max sentence: ___________ • : Examples: • NJ LAW: DISORDERLY PERSONS OFFENSES (DP’s) • __________severe criminal charge • Heard in ______________________________ • Max sentence _____________ in COUNTY JAIL • Examples:
Indictable offenses in NJ New Jersey Degrees of crime 1) First degree; MOST SERIOUS 2) Second degree; 3) Third degree Prison: between 3 and 5 years 4) Fourth degree = LEAST SERIOUS
FEDERAL CRIME: Certain Crimes are deemed FEDERAL OFFENSES What makes something a FEDERAL OFFENSE? 1. Occurs on _________________ or related to _____________________________
FEDERAL CRIMES 2. Severe Crimes formally sanctioned by the US Congress: *
FEDERAL LAW ENFORCEMENT AGENCIES • FBI: Federal Bureau of Investigation: Premier federal law enforcement agency • USSS: United States Secret Service: Protection and Financial security (counterfeiting and credit fraud) • US Marshal Service Captures Federal fugitives • Department of Homeland Security (DHS) • United States Coast Guard (USCG) • United States Customs and Border Protection (CBP) • United States Border Patrol (USBP) • United States Immigration and Customs Enforcement (ICE) • Transportation Security Administration (TSA) • Federal Air Marshal Service (FAMS) • Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) • Drug Enforcement Administration (DEA)
Sentencing for Crime • . Other factors: • Some crimes have ______________sentences (NJ 85% served for 1st and 2nd Degree) • The ___________________ has been abolished in New Jersey
CRIME: WHERE DID IT GO? Crime in the US reached a peak during the Experts predicted that crime would continue to increase Around 1992 WHY????????
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
FREAKONOMICS? • Economist Stephen Levitt investigated the data and reached different conclusions. According to Levitt’s research crime plummeted because: • 1. • 2.
3. The Receding ___________Epidemic: When the _______ epidemic ended; crime decreased • 4. Levitt’s most controversial theory ____________________is a factor in the drop in crime: • 1973 _________ became legal. • Levitt theorized that unwanted babies, who____________________________________, were never born. • 18 years later,___________________________, ________________________they weren’t there. • Political and Social _____________________