Chapter 2

1. Criminal Justice Today Criminal Justice • Chapter 2 The Crime Picture

2. FIGURE 2–1 The criminal justice funnel. Source: Derived from Tracey Kyckelhahn and Thomas H. Cohen, Felony Defendants in Large Urban Counties, 2004 (Washington, DC: Bureau of Justice Statistics, 2008). The Collection of Crime Data

3. Uniform Crime Reports • The reports began in 1930. • Data are collected by F.B.I. • Approximately 16,000 police agencies provide data. • Only crimes known to the police are included. • Law enforcement agencies submit reports voluntarily. • Until 2006, the UCR presented data in a Crime Index (included only 7 major offenses).

4. UCR: Crime Index • The Index was made up of a summation of all Part I Offenses. • Part I Offenses • Violent Crime • murder, rape, robbery, assault • Property Crime • burglary, larceny, motor vehicle theft, arson

5. NIBRS: The New UCR • National Incident Based Reporting System • Incident driven, rather than summary based • FBI started this program in 1988. • City, county, state, and federal law enforcement agencies furnish detailed data on crime and arrest activities at the incident level. • The NIBRS isn’t a separate report; it’s the new methodology underlying the modern-day UCR system

6. NIBRS • The new UCR/NIBRS is much more detailed than the old UCR system, including data on: • place of occurrence • weapon used • type and value of property damaged or stolen • the personal characteristics of the victim and offender • nature of victim-offender relationship • case disposition • It also replaced the old Part I and Part II offenses with 22 general offenses

7. 22 offenses include: kidnapping larceny motor vehicle theft pornography prostitution narcotics offenses embezzlement extortion arson assault bribery burglary counterfeiting vandalism gambling homicide fraud weapons violations robbery forcible sex offenses non-forcible sex offenses receiving stolen property UCR/NIBRS

8. UCR/NIBRS Also collects data on: • bad checks • vagrancy • disorderly conduct • driving under the influence • drunkenness • non-violent family offenses • liquor law violations • “peeping Tom”activities • runaways • trespassing • general category of all “other” criminal law violations

9. UCR/NIBRS: Crime Rates & Clearance Rates • number of crimes solved • number of crimes committed ClearanceRate= • Most UCR/NCVS information is reported as a rate of crime. • CrimeRate= number of crimes/100,000 population • Rates allow for comparison across areas and times. • Clearances are based on arrests, not judicial dispositions.

10. Part I Offenses-most violent & serious • Murder- the unlawful killing of a human being by another. Includes: • All willful and unlawful homicides • Nonnegligent manslaughter Excludes: • Suicides • Deaths caused by accidents or negligence • Attempted murders

11. Data on Murder • Least likely Part I offense to occur • High clearance rate • Murders are more common during warmer months and in southern states • Most victims and perpetrators are age 20–24 • Weapon most often used: firearms • Victim and offender are often “acquaintances”

12. Murder: Multiple Killings • Spree—two or more people killed on more than one occasion. • Mass—three or more people killed in a single event. • Serial—several victims killed in three or more separate events and over time.

13. Forcible Rape • …the carnal knowledge of a female forcibly and against her will; unlawful sexual intercourse with a female by force & against her will Includes: • Assault or attempt to commit rape by force or threat of force Excludes: • Assault if victim is male • Statutory rape (without force) • Same-sex rapes • Other sex offenses

14. Forcible Rape: One of the most underreported violent crimes • Many victims do NOT report because they: • Think the police won’t be able to catch the suspect. • Believe that the police will be unsympathetic. • Want to avoid the embarrassment of publicity. • Fear reprisal by the rapist. • Fear additional “victimization” by court proceedings. • Want to keep family/friends from knowing. • Most rapes are committed by acquaintances of victim, as in the case of date rape. • Most rapists appear to be motivated by the need to feel powerful. • Use of the “date rape drug” Rohypnol is rising.

15. Aggravated Assault • …unlawful inflicting of serious injury upon the person of another. • Includes: • Attempted assaults, especially when a deadly weapon is used or medical assistance is required for the victim • The possible use of a gun, knife, or other weapon that could result in serious injury • Excludes: • Simple assaults (battery)- pushing/shoving, fistfights

16. Robbery • …the unlawful taking or attempted taking of property that is in the immediate possession of another by force or violence and/or by putting the victim in fear. • Requires face to face confrontation between perpetrator & victim • Excludes: • Pick pocketing (larceny/theft) • Purse snatching

17. Burglary • …unlawful entry of a structure to commit a felony or theft. • Types of burglaries: • Forcible entry • Unlawful entry without force • Attempted forcible entry

18. Larceny–theft • …unlawful taking or attempted taking, carrying, leading, or riding away of property from the possession of another (excludes motor vehicles). • Includes (in declining order of frequency): • Theft from motor vehicles • Shoplifting • Theft from buildings

19. Larceny–theft • Is the most frequently reported crime (yet still greatly underreported). • Theft of motor vehicle parts and accessories • Bicycle thefts • Theft from coin-operated machines • Purse snatching • Pocket picking

20. Motor Vehicle Theft • …the theft or attempted theft of a motor vehicle. • A “motor vehicle” is a self-propelled vehicle that runs on land and not on rails. Includes • automobiles • motorcycles • motor scooters • trucks • buses • snowmobiles Excludes • trains • airplanes • bulldozers • most farm equipment • Ships/boats • spacecraft Carjacking-the taking of a motor vehicle directly from the owner by force • Legally, carjacking is a type of robbery-not motor vehicle theft. • It accounts for just over 1% of all car thefts.

21. Arson • …the burning or attempted burning of property, with or without the intent to defraud. • …does not include fires of unknown or suspicious origins • Most common type of arson is the burning of structures, followed by the burning of vehicles • Low clearance rate—18.7% • Average loss per offense—$17,289

22. 2010 Crime Clock – Violent Crimes 2.1 • One Murder every --- 34.5 minutes • One Forcible Rape every --- 6.0 minutes • One Robbery every --- 1.3 minutes • One Aggravated Assault every --- 39.1 seconds

23. 20 Crime Clock – Property Crimes 2.1 • One Burglary every --- 14.3 seconds • One Larceny-theft every --- 5.0 seconds • One Motor Vehicle Theft every --- 39.7 seconds

24. 2.1 Major Crimes Known to the Police, 2010 1Arson can be classified as either a property crime or a violent crime depending on whether personal injury or loss of life results from it’s commission. It is generally classified as a property crime, however. Arson statistics are incomplete for 2010. Source: Adapted from Federal Bureau of Investigation, Crime in the United States, 2010 (Washington DC: U.S. Department of Justice, 2011).

25. Part II Offenses • Part II offenses are less serious than Part I • Offenses and include many social order offenses, such as: • Simple assault • Driving under the influence • Prostitution • Vandalism • Receiving stolen property • Fraud • Embezzlement

26. NCVS • National Crime Victimization Survey • Based on victim self-reports • Designed to measure the “dark figure” of crime (crimes not reported to the police and remain unknown to officials) • Uses data collected by the Bureau of Justice Statistics • More than 43,000 households are surveyed twice per year • Measures “households” touched by crimes • Includes data on: • Rape • Robbery • Assault • Burglary • Personal and household larceny • Motor vehicle theft

27. NCVS Statistics Reveal • About 1/2 of all violent crime is reported: Slightly more than 1/3of all property crime is reported. • 15% of all U.S. households are affected by crime annually • Victims are more likely: • Men • Younger people • African American • City residents • Lower income (for violent victimization) • Household crime rates are highest for households: • Headed by African-Americans • Headed by younger people • With six or more members • Headed by renters • Located in central cities

28. 2.2 Comparison of UCR/NIBRS and NCVS Data, 2010 1NCVS data cover “Households touched by crime,” not absolute numbers of crime occurrences. More than one victimization may occur per household, but only the number of households in which victimizations occur enters the tabulations. 2NCVS statistics include both rape and sexual assault. 3NCVS statistics include only household burglary and attempts. 4Arson data are incomplete in the UCR/NIBRS and are not reported by the NCVS. 5IIncludes NCVS crimes not shown in the table, including 3.3 million simple assaults. Source: Compiled from U.S. Department of Justice, Criminal Victimization, 2010 (Washington, DC: Bureau of Justice Statistics, 2011); and Federal Bureau of Investigation, Crime in the United States, 2010 (Washington, DC: U.S. Department of Justice, 2011).

29. 2.1 UCR/NIBRS Part II Offenses, 2010 Part II Offenses Source: Adapted from Federal Bureau of Investigation, Crime in the United States, 20010(Washington DC: U.S. Department of Justice, 2011).

30. 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 Against Women- Date rape, familial incest, spousal abuse, stalking • Stalking- as repeated harassing and threatening behavior by one individual against another which may be planned or carried out in secret—perpetrator must usually make a credible threat of violence against the victim or members of the victim’s immediate family • Cyberstalking- use of the Internet, e-mail, and other electronic communication technologies to stalk another person

31. Crime Typology (cont’d) • Crime Against the Elderly • The elderly generally experience the lowest rate of victimization—both violent and property—of any age group. • more likely than younger victims to: • Be victims of property crime than of violent crime. • Face offenders who are armed with guns. • Be victimized by strangers. • Be victimized in or near their homes during daylight hours. • Report their victimization to the police. • Be physically injured. • Be less likely to try to protect themselves during victimization.

32. Crime Typology (cont’d) • Hate Crime- a criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin • Most consist of intimidation, but they may also include vandalism, simple and aggravated assault, and murder. • Most are motivated by racial bias.

33. Crime Typology (cont’d) • Corporate & White-Collar Crime • Identification doctrine- Corporations can be treated as separate legal entities and convicted of violations of the criminal law • Corporate crime- violation of a criminal statute 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. • White-collar crime- violation of the criminal law, committed by a person of respectability and high social status in the course of his or her occupation

34. Crime Typology (cont’d) • Organized Crime- unlawful activities of the members of a highly organized, disciplined association engaged in supplying illegal goods or services, including gambling, prostitution, loan-sharking, narcotics, and labor racketeering, and other unlawful activities • Transnational organized crime- occurs when these crimes are committed across national boundaries • Gun Crime- • Approximately 1 million serious crimes involve use of a handgun. • 10,000 murders in the United States using firearms annually.

35. Brady Handgun Violence Prevention Act (1994) • Prior to purchasing a handgun, there will be a • 5-day waiting period • Instant criminal background check • Licensed importers, manufacturers, and dealers are required to: • Check photo ID • Submit purchaser’s application • Acquire a unique identification number authorizing the purchase

36. Crime Typology (cont’d) • Drug Crime • Rate of drug related crime has more than doubled since 1975. • Federal drug prosecutions increased from 11,854 in 1984 to nearly 30,000 in 2002. • Studies link drug abuse to other serious crimes. • Cybercrime- Any crime perpetrated through the use of computer technology; also, any violation of a federal or state cybercrime statute. • Terrorism- Since the attacks of 9/11, the threat of attack on citizens & infrastructure(power, water, etc.) as whas become a focus of law enforcement