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You are innocent until proven guilty. Crime in America. Chapter 16. What is Law?. Law: set of rules and standards by which a society governs itself Law defines individual rights and responsibilities Law establishes the “rules of the game” No person is (or should) be above the law.

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what is law
What is Law?
  • Law: set of rules and standards by which a society governs itself
  • Law defines individual rights and responsibilities
  • Law establishes the “rules of the game”
  • No person is (or should) be above the law
influences on law
Influences on Law
  • 1. Code of Hammurabi
    • Earliest written form of law
    • 1792-1750 BC (King of Babylon)
      • A collection of “common laws” – 282
      • Specified punishments
      • Identified
        • Criminal acts – Civil laws
        • Property crimes
        • Family law
influences pt 2
Influences, pt. 2
  • 2. Ten Commandments
    • System found in Bible (Moses rec’d. from God) on Mt. Sinai
    • 13th Century BC
    • Identified morality as basis
influences pt 3
Influences, pt. 3
  • 3. Constitutional Law
    • Most fundamental and important source of all law in US
    • Representative democracy
      • Outlines our structure of government
      • Set forth basic rights for citizens
    • US Supreme Court is ultimate authority
      • Decides what is constitutional…
influences pt 4
Influences, pt. 4
  • 4. Statutory law
    • Law written by legislative branch of government
      • Based loosely on Roman*** laws
        • ***poor Romans demanded laws be written down so all could see, know and understand
        • Twelve Tables – posted in Forum (city center) – 450 BC
        • Those laws were used for +1,000 years
          • 350 AD Justinian (Roman leader) revamped laws to simplify the code: Justinian Code
influences pt 5
Influences, pt. 5
  • Statutes (laws) written by states/cities are called ordinances. Limit citizen’s behavior:
    • Speed limits
    • Rules for food inspection/usage
    • Minimum wage for workers
    • Age for driver’s license
    • Social security access?
influences pt 6
Influences, pt. 6
  • 5. Napoleonic Code (France)
    • Took Justinian Code/reworked 1804
    • Became model for Europe’s legal system
    • Adopted by Louisiana & French Canada
      • They had been colonized by France
influences pt 7
Influences, pt. 7
  • 6. Common Law
    • single, most important basis for American legal system
    • Laws written after cases decided by judges (issues that others might have)
    • Set precedent (future questions)
    • “stare decisis” Latin for let the decision stand
    • English colonist brought common law to America, before 1776
crime
Crime
  • Crime is any act that breaks the law and there is a punishment for it
  • Criminal – any person who commits a crime
  • FBI (Federal Bureau of Investigation)
    • Collects data and tracks the types and numbers of crime in America
    • Universal Crime Report (UCR)
      • Felonies (serious crimes)
      • Misdemeanors (minor crimes)
crime pt 2
Crime, pt. 2
  • Identifies most common crimes:
  • Most Common Arrest Category:
  • Men & women – Highest %
    • DUI (driving under influence) – alcohol/drugs
    • Larceny
    • Criminal mischief
crime pt 3
Crime, pt. 3
  • 2nd level crime committed:
    • Liquor law violations (underage drinking)
    • Assault
    • Disorderly conduct
  • 3rd level crime (least amount reported)
    • Murder
    • Arson
    • Embezzlement
    • Justifiable homicide: killing of a felon by police officer or the killing of a felon by private citizen during a felony
criminology
Criminology
  • The study of crime and the criminal justice system:
    • Police
    • Courts
    • prisons
tendencies
Tendencies…
  • Crimes for men typically…
    • Major property crimes
    • More violent types
  • Crimes for women typically…
    • Bad checks
    • Credit card fraud
    • Drugs (sales/use)
    • Other non-violent types
violent crime
Violent Crime
  • Any crime against a person that involves the use of force:
    • Rape
    • Murder
    • Those who harm a person
      • Threaten to kill someone
      • Do them bodily harm
numbers
Numbers…
  • UCR Report 2012 (most recent)
  • Violent crime up .7% from 2011
  • Nationally:
    • 14,827 murdered (up 1.1%)
      • 43% south
      • 21% west
      • 21% Midwest
      • 14% northeast
numbers pt 2
Numbers, pt. 2
  • Nonviolent property crimes up to $15.5 billion in value loss.
  • Oklahoma: OSBI UCR
    • 139,319 total crimes reported
      • 191 murdered 2012
        • 3 Durant, 2,700 total crimes
          • Reported, pop. 16, 026
violent crimes types
Violent Crimes - Types
  • 1. Aggravated assault
    • Intentional injury upon another person
    • Can occur in the commission of another crime
  • 2. hate crimes
    • Injury to another because of prejudice carried against other people
      • Gay community (high %) affected
  • 3. rape
    • 3rd most common type
    • Unwanted sexual attack on body of another
property crimes types
Property Crimes - Types
  • 1. Burglary
    • Forcible, illegal entry into someone’s home with the intent to steal something
  • 2. larceny
    • Theft of property without the use of force against another person
  • 3. motor vehicle theft
    • Taking car from someone without their permission**
      • Gang members steal to use car in another crime
property pt 2
Property, pt. 2
  • 4. Robbery
    • Crime that can involve both people and property; might involve a threat of violence against another person (mugging)
  • 5. Vandalism
    • Willful destruction of property (tagging)
  • 6. Arson
    • Destruction of property using fire
victimless crimes
“Victimless” crimes???
  • Illegal gambling
  • Drug abuse
  • The “victim” is the person doing the crime…does not harm others.
  • Can lead to other criminal acts (which does hurt others).
white collar crimes
“White-Collar” crimes
  • Non-violent, breach of trust crimes
  • 1. embezzlement
    • Theft or misuse of $$ by person trusted by another
  • 2. fraud
    • Cheating someone out of $$, property
  • 3. cybercrimes
    • Stealing identity of someone else (Identity Theft)
    • Using technology/computer
other criminal activities
Other Criminal Activities
  • Organized Crime (Crime Syndicates)
    • Profit made from illegal activities
      • Gambling
      • Alcohol/drug sales
      • prostitution
  • Political Crime
    • Illegal or unethical acts involving elected officials
      • Kickbacks
      • Bribery
      • Insider dealing
reasons for crime
Reasons for Crime
  • 1. Poverty
    • When people starve, more likely to commit a criminal act to live
  • 2. Illegal drug addiction
    • Stealing to support habit becomes necessary to the addict
  • 3. Permissive society
    • Parents fail to tell kids “no”-you can’t have everything you want…
reasons pt 2
reasons, pt. 2
  • 4. Urbanization
    • Major movement into cities
      • Higher access to illegal activities
      • Larger # of potential victims
  • 5. Technology
    • Ease of access to computers
    • Lower educational level (lead 1 to crime)
  • 6. Social Change
    • Joining “gang” for substitute family
      • Family structure of current society not as stable…sometimes.
national crime bill
National Crime Bill
  • Passed 1994: has 5 parts
  • 1. added police officers
  • 2. expanded prison system
  • 3. gave tougher penalties for crimes
  • 4. increased # crimes eligible for conviction (prison time)
  • 5. 3-strikes rule
criminal justice system police
Criminal Justice System - Police
  • 6 duties:
    • 1. to protect life and property
    • 2. prevent crime
    • 3. arrest people who violate the law
    • 4. protect rights of people
    • 5. maintain order
    • 6. control traffic
police pt 2
Police, pt. 2
  • Must undergo before being hired:
    • Complete background investigation
    • Full psychological evaluations (MMPI)
    • Physical agility tests
    • Strict training program
      • Oklahoma (CLEET); facility at Ada
        • Council of Law Enforcement and Education Training
arrest me
Arrest me????
  • Before making any arrest, officers must:
    • Have probable cause to believe crime was committed
    • Request arrest warrant signature from a judge
    • Upon arrest, Miranda Rights should be read to suspect
    • Suspect taken to jail, photographed, fingerprinted, national data base checked, and booked into jail***
    • ***arrest time to court time can be longer than is comfortable for some…
criminal justice system 1
Criminal Justice System (1)
  • 1. preliminary hearing
      • Judge reads formal charges
      • Suspect formally arraigned
        • Suspect enters plea: guilty or not guilty
      • Judge decides if bail is option
        • Bail is $$ or property put up to get out of jail-for the time being
        • Judge might say no bail allowed
          • You stay in jail
          • Considered “flight risk” (you might runnoft)
        • Judge might say no bail required
          • (out on “own recognizance” – promise be good)
        • Judge may set bail amounts based on:
          • Nature of crime
          • Recommendation from District Attorney
          • Request from defense attorney
trial phase 2
Trial phase (2)
  • If judge “binds over” for trial:
  • Jury selection is first action of trial.
    • Both attorneys choose jury members
      • Jury pool (local registered voters)
  • Prosecution generally begins trial with opening remarks about case.
  • Defense attorney speaks for suspect.
    • Defendants cannot be forced to testify against themselves (5th amendment) spouses also have protection against testifying
trial pt 2
Trial, pt. 2
  • Trial may take up to ??? Days.
  • When both attorneys finished with witnesses and case presentation, judge gives instructions to jury:
    • What charges are
    • What punishments are appropriate
    • Jury begins deliberations (make their decision-in private)
jury time
Jury time
  • 2 choices:
    • Guilty
      • Must be unanimous that suspect guilty “beyond a shadow of a doubt”
    • Acquit (Not guilty)
      • Set suspect free immediately
    • “Hung Jury” – last option
      • If jury cannot totally agree, sometimes “Mistrial” declared and another trial set
sentencing 3
Sentencing (3)
  • If defendant found guilty, must be sentenced.
    • Juries make recommendations for punishments to judge…but
  • Some states have mandatory punishments for certain crimes.
    • Judges have option to finalize punishments
  • At sentencing, both attorneys are present + the guilty person.
sentencing pt 2
Sentencing, pt. 2
  • Plea bargain might be offered…defense attorney’s continue to try to get their client the best possible choice for punishment.
  • Punishment begins when offer accepted
  • Prison is only option for serious crimes
  • For less serious crimes, judge might impose lighter sentence.
    • County jail time
    • Fine
    • Probation
    • Or all three
corrections 4
Corrections (4)
  • Prison Time
  • Most Americans agree:
    • Dangerous criminals should be locked up…
      • Most prisons overcrowded
      • Prison changes people
      • Sometimes “rehabilitation” doesn’t happen there
      • “cruel and unusual” punishment???
parole probation 5
Parole/Probation (5)
  • Final chain in system…after serving a portion of the sentence.
  • Allows felon to prove prison lessons learned
  • Reduces prison population
  • Parole board interviews felon
    • Free them or keep in jail???
    • If freed, felons must report regularly to Probation Officer (PO) every month
    • Felons must get paying job and report any changes to PO immediately
capital punishment
Capital Punishment
  • Death penalty
    • Spring 2013 (most recent ##)
    • 34 states have death penalty
      • Oklahoma uses lethal injection
    • US Government and US military also have death penalty
  • Most severe form of punishment
capital pt 2
Capital, pt. 2
  • Numbers…Spring2013:
  • Death Row Census
  • 3,108 people on death row across America
    • 1,341 White 3,046 Men
    • 1,300 Black 62 Women
    • 369 Hispanic
    • 68 Others
death penalty types
Death Penalty Types

Have been used by US…

Electric Chair

Lethal Injection

Gas Chamber

Firing Squad

Hanging

juvenile crime
Juvenile Crime
  • A young person under the age of 18
  • “juvenile delinquent”
  • Late 1870’s courts realized kids did not realize full meaning of actions: should not get full punishment
  • Created juvenile system to get kids out of circumstances that lead them to commit crime???
causes of juvenile delinquency
Causes of Juvenile Delinquency???
  • 1. poor home life conditions
    • Parents don’t take care of kids
    • Parental alcohol/drug abuse
    • Parents are criminals
    • Parents are abusing the kids
  • 2. bad neighborhoods
    • High % crime and poverty rates
    • Kids exposed to violence
    • Low amount of job opportunities
causes pt 2
Causes, pt. 2
  • 3. gang membership
    • Gangs offer “family” protection
    • Support each other, even in criminal acts
    • Gangs very often involved in murder/illegal drugs (sales/use)
  • 4. high drop out rates
    • Lack of education and social skills
    • Kids make bad choices
    • Lower job opportunities for drop outs
causes pt 3
Causes, pt. 3
  • 5. alcohol and drug abuse
    • Bad decision making skills
    • Kids under influence do things wouldn’t ordinarily do
    • Need $$ to support the habit so they steal or prostitute themselves
  • 6. peer pressure
    • If you hang out with delinquents, it’s easy to become one…
re gault
Re: Gault
  • 1967 Supreme Court Case
  • Changed the way kids are tried in courts
  • Created juvenile justice system
    • Juvenile courts (not adult style)
    • Kids, parents and law enforcement only allowed in (protect kid)
    • Judge listens to entire story and makes decision what to do with kid offender
judicial suggestions
Judicial Suggestions…
  • Judges might order these:
    • Don’t use drugs and or alcohol
    • Stay in school
    • Fight peer pressure
    • Learn to say no
    • Live a full, happy life
    • Avoid the criminal justice system altogether!!!
juvenile punishments
Juvenile Punishments
  • 1. Placement in foster care
    • Take the kid out of situation at home
    • Abusive/unprotective parents
  • 2. Juvenile Corrections
    • Facilities for serious offenders
    • Prison for kids
    • “boot camp” style
      • Thunderbird Academy (Pryor, OK)
punishments pt 2
Punishments, pt. 2
  • 3. probation
    • Period of time to prove they’ve reformed (supervised by PO)
    • Must obey strict rules of behavior
    • Stay away from negative people and influences
    • Report to PO regularly
  • 4. counseling
    • Juvenile is given case worker they see regularly to teach them life skills/anger management/crisis management
punishment pt 3
Punishment, pt 3
  • 5. Adjudicated as Adult
    • Most serious decision made about a juvenile; no longer gets protection of being a kid.
    • Judge can decide if crime is serious enough
    • Kid can be treated like adult
    • Kid is over 14 and accused of felony
    • Statistics prove that sending kids to adult prison does not help them!