1. Crime and Its Consequences After completing this chapter, you should be able to: Distinguish between a social definition and a legal definition of crime and summarize the problems with each. List the technical and ideal elements of a crime. Identify some of the legal defenses or legal excuses for criminal responsibility. Explain why crime and delinquency statistics are unreliable. Identify the two major sources of crime statistics in the United States. Identify the costs of crime. Describe the extent of fear of crime in the United States and the characteristics of people most likely to fear crime. List the characteristics of people who are the most likely and the least likely to be victims of crime.

2. Object of Criminal Justice The object of criminal justice in the United States is to prevent and control crime. Thus, to understand criminal justice, it is necessary to understand crime. An appropriate definition of crime, however, remains one of the most critical unresolved issues in criminal justice today.

3. Social Definitions The broadest definitions of crime are social definitions: A typical social definition of crime is behavior that violates the norms of society – or more simply, anti-social behavior. (Norm = any standard or rule regarding what human beings should or should not think, say, or do under given circumstances.)

4. Problems with the social definition: Norms vary from group to group within a single society. (There is no uniform definition of anti-social behavior) Norms are always subject to interpretation. Norms change from time to time and from place to place.

5. Legal Definitions A typical legal definition if crime is: an intentional violation of the criminal law or penal code, committed without defense or excuse and penalized by the state.

6. Benefits and Problems with legal definition … Benefits: It is narrower and less ambiguous than a social definition of crime. If a behavior violates the criminal law, then by definition it is a crime. Problems: Some behaviors prohibited by the criminal law arguably should not be. This problem of overcriminalization arises primarily in the area of victimless crimes. Some behaviors prohibited by the criminal law, the law is not routinely enforced. Nonenforcement is common for many white-collar and government crimes. Some behaviors that arguably should be prohibited by a law are not. Undercriminalization is when some very harmful actions or inactions that are not criminal, should be.

7. Elements of a Crime A legal definition of crime is the basis of criminal justice in the United States, but it is only a general definition, it does not specify all the elements necessary to make a behavior a crime. Technically a crime has not been committed unless all seven of the following elements are present.

8. Elements of a Crime Harm – There must be an external consequence. A mental or emotional state is not enough. Thus, thinking about a crime or being angry enough to commit a crime without acting on the thought is not a crime. (Must be physical or verbal) Legality – First, the harm must be legally forbidden behavior to be a crime. Second, a criminal law must not be retroactive. [ex post facto]

9. Elements of a Crime Actus Reus – Refers to criminal conduct – specifically, intentional or criminally negligent action or inaction that causes harm. Crime involves not only things people do but also things they do not do. Mens Rea – Refers to criminal intent or a guilty state of mind. In some cases, offenders lack the capacity to form mens rea. If they do not have that capacity, they are not to be held responsible for their criminal conduct.

10. Legal Defenses for Criminal Responsibility In the United States, an offender is not considered responsible or is considered less responsible for an offense is he or she: (1)Acted under duress (2)Was underage (3)Was insane (4)Acted in self-defense or in defense of a third party (5)Was entrapped (6)Acted out of necessity.

11. Elements of a Crime Causation – The criminal act must lead directly to the harm without a long delay. (purpose is to prevent people from facing the threat of criminal charges the rest of their lives) Concurrence – The criminal conduct and criminal intent must occur together. Punishment – For a behavior to be considered a crime, there must be a statutory provision for punishment or at least threat of punishment.

12. Types of Crimes Each crime has its own set of elements that define it, as well as defenses that may apply and factors that influence sentencing. While each crime is different, however, there are several broad types of crimes whose individual crimes share features and defenses, and it can be useful to examine all the crimes in a category in order to understand the law surrounding those types of crimes.

13. Homicide is the killing of one person by another, but there are several different charges associated with homicides and not all homicides constitute a crime. First Degree Murder - The highest level of criminal homicide, typically reserved for willful and premeditated killings. First Degree Murder Second Degree Murder - Most often voluntary but without premeditation -- often seen as the middle ground between voluntary manslaughter and first degree murder charges. Second Degree Murder Voluntary Manslaughter - Generally a killing which was voluntary, but done in the heat of the moment. Voluntary Manslaughter Involuntary Manslaughter - A killing that is not on purpose, but results from criminally reckless or negligent behavior, or from low level criminal activities. Involuntary Manslaughter

14. There is a wide array of crimes against persons, most of which involve intimidation and/or bodily harm. Assault / Battery - when one person 1) tries to or does physically strike another, or 2) acts in a threatening manner to put another in fear of immediate harm Assault / Battery Aggravated Assault / Battery - when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon Aggravated Assault / Battery Domestic Violence - physical harm inflicted on one member of a household or family Domestic Violence Stalking - offender follows, harasses, or threatens another person, putting that person in fear for his or her safety Stalking Harassment - intentionally targeting someone else with behavior that is meant to alarm, annoy, torment or terrorize them Harassment Hate Crimes - intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability Hate Crimes Kidnapping - taking of a person from one place to another against his or her will, or the confining of a person to a controlled space Kidnapping

15. Property Crimes encompasses crimes that misappropriate or damage the property of another. Theft - taking of almost anything of value without the consent of the owner, Theft Larceny - taking of almost anything of value without the consent of the owner, Larceny Burglary - unauthorized breaking and entry with the intent to commit a crime once inside Burglary Robbery - theft of property through the use of violence or intimidation Robbery Shoplifting - theft of merchandise from a store or place of business Shopliftingtheft Arson - person intentionally burns almost any kind of structure or building Arson Vandalism - person destroys or defaces someone else's property without permission Vandalism

16. Both consensual and nonconsensual sexual contact can constitute a sex crime. Indecent Exposure - It is illegal for a person to expose their genitals in public. Indecent Exposure Prostitution - offering or engaging in sexual acts for payment Prostitution Rape - non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress Rape Sexual Assault - Describes the catch-all crime that encompasses unwanted sexual touching of many kinds Sexual Assault Solicitation - It's illegal to entice someone else to commit a crime (such as prostitution). Solicitation Statutory Rape - People below the "age of consent" cannot legally consent to having sex, even if there was no force or the perpetrator believed the victim was old enough. Statutory Rape

17. Fraud and financial crimes involve the theft of money and/or property, usually through deceit or an abuse of trust. Bribery - offer or acceptance of anything of value in exchange for influence Bribery Fraud - fraud is the intentional deception of a person or entity by another made for monetary or personal gain Fraud Forgery - making of a fake document, the changing of an existing document, or the making of a signature without authorization Forgery Embezzlement - Embezzlement occurs when a person steals money or property they have been entrusted to manage. Embezzlement Identity Theft - misuse another person's identifying information Identity Theft

18. Drug Charges Drug Manufacturing and Cultivation - growing or manufacturing illegal drugs, such as marijuana and methamphetamine. Drug Manufacturing and Cultivation Drug Trafficking/Distribution - importation, transportation and sales of illegal drugs. Drug Trafficking/Distribution Drug Possession - possession of illegal drugs such as heroin and LSD, either for personal use or distribution Drug Possession

19. The rise of computers and the internet has resulted in a new class of crimes that occur online, cyber crimes. Computer Crime - prohibit a person from performing certain acts without authorization, including 1) accessing a computer, system, or network; 2) modifying, damaging, using, disclosing, copying, or taking programs or data; 3) introducing a virus or other contaminant into a computer system; 4) using a computer in a scheme to defraud; 5) interfering with someone else's computer access or use; 6) using encryption in aid of a crime; 7) falsifying e- mail source information; and 8) stealing an information service from a provider. Computer Crime Cyber bullying - bullying has now moved from the schoolyard to online posts on sites such as MySpace and Facebook, e-mails, or texts Cyber bullying Sexting - sexting is the transmission of nude images or suggestive material via text messages Sexting

20. Alcohol is generally legal, but it can be a crime to use or possess alcohol under certain circumstances. DUI / DWI - Driving while intoxicated (DWI), driving under the influence (DUI) DUI / DWI MIP: A Minor in Possession - Many states have minor in possession (MIP) laws concerning alcohol and drugs found in the possession of minors, regardless of whether they were using the substances. MIP: A Minor in Possession Open Container Law - prohibiting individuals from consuming alcohol in public places, such as sidewalks, and their intended purpose. Open Container Law Public Intoxication - How "drunk and disorderly" individuals can be charged with public intoxication when their public behavior is deemed disturbing or threatening to others. Public Intoxication

21. Public Safety Violations Disorderly Conduct - conduct considered obnoxious, disruptive or otherwise unruly in a public place. Disorderly Conduct Disturbing the Peace - person engages in some form of disorderly conduct, Disturbing the Peace

22. Many people are unaware that it is a crime to offend "justice" itself. "Justice" can include the courts, governing bodies, and public officials (such as lawmakers and police officers). Criminal Contempt of Court - conduct that defies, disrespects or insults the authority or dignity of a court. Criminal Contempt of Court Perjury - It is a crime to lie under oath or knowingly make a false statement on a police report. Perjury Probation Violation - break the terms or conditions of your probation Probation Violation

23. Other Categories of Crime … Felony – generally a relatively serious offense punishable by death, a fine, or confinement in a state or federal prison for more than one year Misdemeanors – usually punishable by no more than a $1,000 fine and 1 year of incarceration, generally in a county or city jail  only way to determine whether a crime is a felony or misdemeanor is by knowing the legislated punishment Mala in se (wrong in themselves) Characterized by universality and timelessness, that is they are crimes everywhere and have been crimes at all times Mala prohibita (illegal because the law says so)

24. Regardless of their classification, acts prohibited by the criminal law constitute behaviors considered unacceptable. By outlawing these behaviors, the government expects to achieve a number of social goals: Enforce social control – prohibits behaviors that threaten societal well being or challenge governmental authority Discourage revenge – shifts the burden of revenge from the individual to the state Express public opinion and morality – reflects changing public opinions and moral values Deter criminal behavior – threat of punishment is designed to prevent crimes before they occur

25. Who are the parties to crime … Principal: person who commits the crime Accomplice: someone who helps the principal commit a crime (may be charged with and convicted of the same crime) Accessory before the fact: someone who orders a crime or helps the principal commit the crime but who is not present during the crime Accessory after the fact: person who, knowing a crime has been committed, helps the principal or an accomplice avoid capture or helps them escape (would not be charged with original crime)

26. Crime Statistics Statistics about crime and delinquency are probably the most unreliable and most difficult of all social statistics. Why? May be that it’s a crime to one person but not to another Large portion of crimes are undetected Some crimes may not be reported to police Crimes may be reported but not officially recorded – “dark figure of crime”

27. Crime Index Crime Index: any record of crimes (an estimate of crimes committed)  Can vary with changes in police practices, court policies, and public opinion Best Index = Offenses known to the police which is usually smaller than actual offenses b/c: Victims consider their crime insignificant Hope to avoid embarrassing the offender Avoid publicity Might have agreed to the crime Avoid the inconvenience of reporting the crime May be intimidated by offender May dislike the police Feel police are inefficient Crime is typically reported as rates (number of crimes per unit of population).

28. Uniform Crime Report (UCR) Collection of crime stats published yearly by FBI – reported monthly by law enforcement agencies across the country Two Major Indexes – (1) offenses known to police (2) stats about people arrested ~ Murder ~ Forcible Rape ~ Robbery ~ Aggravated Assault ~ Burglary ~Larceny-Theft ~Motor Vehicle Theft ~ Arson  Expanded in 1996 to include Hate Crimes UCR also includes crime index offenses cleared (or clearance rates). Also provides stats on the number of full time officers and the number killed in the line of duty.

29. National Incident-Based Reporting System (NIBRS) Created to improve quality of information in uniform crime report Provides offenses and arrest data on 22 broad categories of crime Examines 50 different pieces of information about a crime

30. Other Surveys National Crime Victimization Surveys: Source of crime statistics based on interviews in which people are asked if they are victims of a crime Self-Report Crime Surveys: Surveys that ask selected subjects whether they have committed crimes.  Tend to focus on juveniles because (1) school setting is convenient (2) school attendance is universal (3) have the highest reported crime rates.

31. Trends in Crime Violent Crimes declined more that 25% during past decades. Property crimes rates have declined but not as much as violent crime. Downward trend in reported victimization since 1994.

32. Crime Victims Younger Persons: 12-24 had more than triple the violent crime rates of persons 25 or older Never married, divorced, or separated persons: 3 times more likely than married people and 9 times more likely than widowed to be violent crime victims Poorer Persons: annual household income of $75,000 Blacks: rate of violent crime victimization for blacks was 26.0, whites 21.0, and Hispanics was 18.2 Urban Residents: violent crime victimization rates for urban were 29.0 compared to 19.9 for rural Men: 25.0 rate for men and only 18.1 for women Persons living in the west: victimization rates 3 points higher than other areas

33. WHAT crimes do people fear … 40% fear sexual assault 40% fear burglaries when they aren’t at home 30% fear being attacked while driving their cars 30% fear being mugged 25% fear being beat-up, knifed, or shot 25% fear burglaries when they are home 20% worry about being murdered However, 80% of people are fearful of crime in general

34. WHEN do people fear crime … Fear of crime is greatest at night because it makes people feel vulnerable and isolated.

35. WHO fears crime the most … Females Urban Residents Nonwhites (especially Hispanics and blacks) South and West Sections of US 50 + years old High-School Drop-outs Jewish Democrats $50,000 or less income

36. Cost of Crime In 2003 the total economic loss to victims of crime in the United States was $15 billion. [Includes losses from property theft or damage, cash losses, medical expenses, and income lost from work because of injuries, police and court related activities, and time spent repairing or replacing property.]

37. Deficiencies of Crime Cost Estimates 1.Include data from only a limited number of personal and property crimes reported to NCVS. 2.Only report short-term and tangible cost, not long-term and intangible cost associated with pain, suffering, and reduced quality of life. (studies estimate intangible cost to be around $450 billion a year)

38. Which crimes cost the most? Rape - $127 billion victim costs Assault - $93 billion victim costs Murder - $71 billion victim costs Drunk Driving - $61 billion victim costs Child Abuse - $56 billion victim costs