Law CH 7 notes

CRIME IN AMERICAChapter 7

Who are criminals?Criminals have many different faces……

The Nature of Crimes• Crime is some violation of the law -- either

something you fail to do or a law you violate/break.

• A behavior for which the government has set a penalty.

• The legislatures decide WHAT constitutes a crime:

• Based on protecting individuals• Based on what most people deem right & necessary • To maintain an orderly society• Protect human rights of all & regulate conduct

HUMAN RIGHTS• Crimes violate our human rights

• HUMAN RIGHTS – found in the Universal Declaration of Human Rights (Appendix B of text):

• Rights we have as humans just because we are human

CRIME IN AMERICA• Fighting crime is difficult!

• Crime affects each of us:• We are victims• Each family pays approximately $1,500 in taxes for law

enforcement (as of 1996)• How much in 2012????

REASONS FOR CRIME• Controversial

• Some reasons:• Poverty• Permissive courts• Unemployment• Lack of education• Alcohol & drug abuse• Lack of police protection• Rising population

• Lack of parental control

• Breakdown of morals• Ineffective jails• Low chance of

getting caught• Influence of media

ECONOMICS• Some blame crime on the wide range between rich

& poor.

• 1990s: strong economy, low unemployment ----low crime rates

• Not consistent through history, however

POVERTY• Not a good predictor

• Poverty & lack of education does limit economic opportunities = harder to reach family stability = often drawn to criminal activities

• Family stability is better predictor-- poor families CAN raise children to be responsible & obey law

HARSHER PENALTIES• Will tougher penalties reduce crime ?

• Tough penalties might deter crime

• United States:• Has tough criminal laws already• Has highest incarceration rates in any industrialized

nation

• Compared to crimes committed – only minimal actually go to prison

• Longer sentences needed? Or certainty of getting punished needed?

ADEQUATE POLICE• What role does police presence play?

• Increase police = less crime? Not necessarily.

• Community involvement lowers crime rates

CRIME IN SCHOOLS• A growing concern

• Abuse (victimization/sexual)

• Drugs

• Assault

• Hate crime

• Property

• Murder

• Robbery

• Gang activity

Which one stands out to you???

GANGSA GROUP OF PEOPLE (CLOSED TO OTHERS)

WITH A COMMON PURPOSE

• Not only found in large cities !

• Illegal drugs trafficking

• Firearms trafficking

• Not new to US – 19th century (mostly ethnic)

• Not all gangs are criminal

• AGES: 8 – 50

• Continue to focus on status, and territories

• Many focus on drug trafficking

• Firearms sales

• Auto theft

• Prostitution

…………..continued

GANGS TODAY

• Associate their groups with a color, symbol, phrase, clothing to unify and identify themselves

• Use graffiti to “mark” territories, intimidate, instill fear

• Initiations common to join a gang – usually violent

WHO JOINS GANGS?• Majority of gangs are male

• Family recruit family

• Impoverished: basic needs not met – academically struggling

• Those that view their future as dim

WHY JOIN GANGS?• Poverty

• School failure

• Drug / alcohol abuse

• Family dysfunction

• Domestic / community violence

• Poor self – esteem

• Lack of adult supervision / participation

• Look to “belong”

• Follow in parent’s footsteps

• Peer pressure

• protection

WHAT TO DO ??• PREVENTION KEY

1. Outreach/intervention by trained individuals

2. Provide greater opportunities for young people

3. Coordinate agencies to increase awareness

4. Organize prevention strategies

5. Prosecute gang members for illegal activity

6. Community watch programs

GUNS• Frequent involved in violent crimes

• Most owned legally & use lawfully

• Government control of guns VERY controversial!! (2nd Amendment)

• 1968 Gun Control Act passed after Dr. Martin Luther King, Jr. and Senator Robert Kennedy were murdered.

• 1993 Congress amended with Brady Act

• Time Video Clip

BRADY ACT• National system for instantly checking background

of anyone wishes to purchase a gun.

• 1997 US Supreme Court declared Congress cannot mandate States perform background checks.

• Since then, many states enacted own similar legislation (background checks, fingerprints, training, concealed weapon permit)

MINNESOTA

DRUGS & ALCOHOL• Substance abuse – abusing drugs, alcohol and

other chemicals

• Contributes to crime

• Desire to purchase drugs spurs criminal activity

ALCOHOL• Most widely used substance – socially “OK” in our

society

• Legal

• Mind-altering drug

• Cost tax payers over $100 million/year

• Per our text:• 10% of work-related injuries due to alcohol• 40% of suicide attempts due to alcohol

ALCOHOL & CRIME• Drinking & driving

• Alcohol also responsible for 40% of violent crimes committed in 1996

• 65% of victims of abuse reported alcohol a factor

DWI / DUI• DWI: driving while intoxicated

• DUI: driving under the influence

• Every state has own DWI/DUI laws

• 1.5 million people arrested in 1996 for DWI/DUI

• PENALTY: • Fine• DWI classes• License suspended or revoked• Jail time

TEENS & DRINKING• At greater risk

• Alcohol affects teens quicker

• Teens less experienced drivers

• Arrest rate for teen DWI/DUI decreased when legal age to drink became 21.

DRUGS• Becoming more widespread

• Costs tax payers BILLIONS per year

• Increased crime rates

• Overflow of cases in criminal justice system

• Possession, distribution, sale of certain drugs might violate federal and/or state laws.

PENALTIES• Penalty varies by state and type of drug and

situation

• Selling/possessing with intent to sell: most severe penalty

-- some states give “life w/o parole” for first offense

• Simple possession a felony is many state

• Seizure of assets/property (accounts, vehicles, houses)

LEGALIZING DRUGS ??• Due to increased crime and violence, some wonder if

legalizing certain drugs is the answer.

• “War on Drugs” not working ?

• Drug regulation instead of making drugs illegal

• HYPOCRYTICAL to allow alcohol & cigarettes but not drugs?

• Wouldn’t drug use increase if legalized?? Which might lead to more violence, crime, and death…..?????

• 2010 STAT: 80% more arrests for use/possession than 1990

VICTIMS• Victims suffer from crime most.

• Young, old, rich, poor, every race, ethnic group, and gender.

• Each year – 36 million victims of crime in the USA

• TEENAGERS: most likely victims

• TEENAGE MALES – most frequent victims of violence (excluding rape/sexual assault)

……………… continued

• Lower-income

• Minorities

• Urban

• renters

AID FOR VICTIMS• Most states provide aid for victims

• Include:-- counseling-- medical care-- compensation (financial help)

WHAT IF YOU ARE THE VICTIM?

• THEORY 1: Don’t fight back

• THEORY 2: Resist the assailant

• Make noise – call attention to yourself

• Call police as soon as possible