Types of Crimes Justice 2010 Classifying and Counting Crime, Criminals and Victims Law 12

Unit Five Major Types of Crime  Occupational Crime  Organized Crime  Visible Crime (street crime)  Crimes without Victims  Political Crimes  Cybercrime

Unit Organized Crime A framework for the perpetuation of criminal acts - usually in fields such as gambling, drugs, and prostitution - providing illegal services that are in great demand.

Unit Visible Crime Offenses against persons and property committed primarily by members of the less affluent class. Most upsetting to the public.

Unit Crimes without Victims Offenses involving a willing and private exchange of illegal goods and services that are in strong demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is injured. Includes activities such as: GamblingGambling Drug Sales and UseDrug Sales and Use ProstitutionProstitution

Unit Political Crimes Acts that constitute a threat against the country such as treason, sedition ( an offence that tends to undermine the authority of a state (rebellion), or espionage.

Unit Cybercrime An offense, committed through the use of one or more computers

Unit Transnational crime is a serious and potent threat to the Canadian people at home and abroad. Drug and firearms trafficking Terrorism Money Laundering Counterfeiting Trafficking in women and children Advance fee scams Credit card fraud Auto theft Economic espionage Intellectual property theft Computer hacking Public corruption

Unit Uniform Crime Reports (UCR) Index Crimes Murder and non-negligent manslaughter Aggravated assault Forcible rape Robbery Burglary (commercial and household) Larceny-theft (commercial and household) Motor vehicle theft Arson

Unit Uniform Crime Reports Index Crimes Murder and non-negligent manslaughter - killing another, non-negligent manslaughter. Forcible Rape – carnal knowledge of a female/male forcibly and against her /his will. Robbery – taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force of violence and/or by putting the victim in fear.

Unit Two Major UCR Index Crime Groups Murder and non-negligent manslaughter Aggravated assault Forcible rape Robbery Burglary Larceny/theft Motor vehicle theft Arson VIOLENT CRIME PROPERTY CRIME

Unit Uniform Crime Reports (UCR) Index Crimes Aggravated assault – unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. Burglary – the unlawful entry of a structure to commit a felony or a theft. Larceny-theft – unlawful taking, carrying, or leading away of property from the possession or constructive possession of another.

Unit Uniform Crime Reports (UCR) Index Crimes Motor vehicle theft – the theft or attempted theft of a motor vehicle. Arson – any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, persona property of another and so on.

Unit Homicide Homicide-the killing of another human being,directly or indirectly. Culpable Homicide-a killing for which the accused can be held legally responsible. Non-culpable homicide-a killing for which a person cannot be held legally responsible.

Unit Murder Murder –the intentional killing of another human being. First degree murder-a killing that is planned and deliberate, is the result of a contract, causes the death of a police officer, or is committed during another serious crime. Second –degree murder is any murder that is not qualified as the first-degree muder. Infanticide-the killing of a new-born infant by the child’s mother.

Unit Manslaughter Any culpable homicide that is not classified as murder or infanticide Provocation-words or actions that could cause a reasonable person to behave irrationally or lose self- contol.

Unit Assault Assault- Threatened or actual physical contact without consent. Assault with a weapon or causing bodily harm-injuring a person in a way that has serious consequences for the victim’s health or comfort.

Unit Assault ( III Levels) Level I –hybrid offence( 5 years of imprisonment) Comprises of one of the following actions:  Intentionally applying force to another person, either directly or indirectly without person’s consent.  Attempting or threatening, by an act or gesture, to apply force.  Accosting or impeding another person,or begging, while openly wearing or carrying a weapon or an imitation of a weapon.

Unit Assault ( Level II)- with a weapon or causing bodily harm Hybrid Offence, carries out 1o years of imprisonment. Injuring a person in a way that has serious consequences for the victim’s health or comfort. May involve carrying, using, or threatening to use a weapon

Unit Assault Aggravated Assault - Wounding, maiming, disfiguring, or endangering the life of the victim. Sexual Assault-touching of a sexual nature that is not invited or consensual.

Unit Level III- Aggravated Assault Wounding, maiming, disfiguring, or endangering the life of the victim. Indictable offence and carries out 14 years of imprisonment.

Unit Sexual Assault III Levels Level I –sexual assault-the most common offence and the one where the victim suffers the least physical injury. Defined under s. 265 (1) as an assault that violates the victim’s sexual integrity Most common amongst sexual offences

Unit Level II Sexual Assault with a weapon, threats to a third party,or causing bodily harm Involves sexual assault in combination with threats or the use of weapons, or that results in bodily harm (indictable,14 years of imprisonment)

Unit Level III –aggravated sexual assault Wounding, maiming, disfiguring, or endangering the life of the victim of a sexual assault. The most violent level of assault-life imprisonment

Unit Consensual Agreement Consent is a valid defence to a charge of a sexual assault if the accused had an honest and reasonable,even if mistaken belief that the victim was consenting to sexual contact.

Unit Exclusion of the Consent – Three reasons When a victim says no, either by words or conduct, such as directly repulsing physical advances or struggling to escape an embrace. When the accused is intoxicated and not able to determine if consent has been given When the accused person was reckless or deliberately blind to the victim’s responses, or failed to take reasonable steps to find out if the victim was consenting.

Unit Assault Sexual Assault with a weapon,,or causing bodily harm threats to the third party –a form of sexual assault that involves the use of weapons,threats or physical injury. Aggravated Sexual Assault –sexual assault that involves wounding, maiming,disfiguring,or endangering the life of the victim.

Unit Motor Vehicle Offences Dangerous Operation of a motor vehicle.( hybrid,5 years or as indictable –imprisonment of 10 years) Failure to stop at the scene of the crime. (hit and run, hybrid -5 years, or if the driver caused death can be life sentence) Impaired Driving( ss ): caused by a number of sources :  Alcohol( 80mg in 100 ml of blood)- Breathalyser Test  Vary from hybrid to indictable offences( had it caused bodily harm-10 years)  Death-life sentence

Unit Mischief/ Public Mischief Mischief-wilfully destroying or damaging property or data, interfering with the lawful use of property or data, or interfering with any person in the lawful use of property or data. Public Mischief- providing false information that causes the police to start or continue an investigation without cause.

Unit Fraud Intentionally deceiving someone in order to cause a loss of property. money, or service.( When the Fraud is valued less than $ summary offence punished by a fine or indictable offence -2 years. More than $5000 –indictable,max-10 years in prison)

Unit Prostitution Act of engaging in sexual services for money. Prostitution is not an offence, soliciting is a summary conviction offence.( fingerprints or photographs are not taken, no criminal record) Bawdy house or disorderly is a common place kept, occupied,or used by a person for the purpose of prostitution.( procuring and living off the prostitution profit are indictable offences and face a penalty of 10 years in prison and 14 if a prostitute is 18 or younger.

Unit Gambling Disorderly House –a common bawdy, betting, or gaming house.- an indictable offence sentenced to two years in prison

Unit Money Laundering Transferring cash or other property to conceal its illegal origin( s.9)-max 10 years if tried as indictable offence, as a summary offence, the penalty is 2000 fine or six months in prison.

Unit Possession The state of having knowledge of and control over something. The person in possession must know what the item is and have some measure of control over it. A person may be found in possession even if he/she gave the item in question to another person. A person can be charged with possession even if the person does not own the controlled substance or have it in his or her possession, as long as the person knows about it and consents to its possession by someone else.

Unit Schedule Schedule IOpium and its derivatives,including codeine, and heroine Cocaine, Methadone Indicatble-7 years Summary – First Offence-$ 1000 and /or 6 months Subsequent Offence $ 2000 and/or 1 year Schedule IIcannabis and its derivatives,including cannabis resin( hashish) and marijuana Indicatble-5 years Summary – First Offence-$ 1000 and /or 6 months Subsequent Offence $ 2000 and/or 1 year Schedule IIIAmphetamines and its derivatives,including methamphetamine( speed), and MDA( ecstasy), LSD DMT,psilocybin, mescaline Indicatble-3 years Summary – First Offence-$ 1000 and /or 6 months Subsequent Offence $ 2000 and/or 1 year

Unit Possession Schedules ( Cont) Schedule IVBarbiturates Diazepam( Valium) Anabolic SteroidsNot an Offence Schedule VPhenylpropanolamine Propylhedrine Pyrovalerone Not an Offence

Unit Trafficking A criminal offence that involves selling,giving, transporting,or distributing a controlled substance or an authorization for a controlled substance.

Unit Responsibility for Criminal Acts Strict Liability – an obligation or duty. (health or safety). Entrapment – may be used to show a lack of intent. Self defense – immediate danger

Unit Responsibility for Criminal Acts Necessity – Break the law to save themselves from greater harm. Duress – coerced by another person. Immaturity – Children under 7 (or 12 in Canada)

Unit Responsibility for Criminal Acts Mistake – a mistake of fact, not ignorance. Intoxication – individual lacks specific intent. (left a restaurant without paying) Insanity – five rules

Unit Who Are the Victims of Crime? Where Does Crime Take Place?

Unit Victim Characteristics Gender Age Income Marital Status Race

Unit The Ecology of Victimization Most victimizations occur in large urban areas. Most incidents occur in the evening hours. The most likely sites are open public areas. An overwhelming number involve only one victim. Most serious crimes take place after 6 p.m.

Unit Different Kinds of Crime, Criminals and Victims? Predatory Criminals Terrorism Cult Killings Intimate Violence White Collar Crime Discrimination

Unit What Is a Crime Theory? A general statement or set of statements that explain many different facts by reference to underlying principles and relationships. A statement that organizes a set of concepts in a meaningful way by explaining the relationship among the concepts.

Unit General Types of Crime Theories Psychological Theories Psychological Theories Personality, developmental, social learning or cognition Biological Theories Biological Theories Biochemical factors, genetics and neurological elements Sociological Theories Sociological Theories Social forces and socialization patterns

Unit Principles of Choice Theory (Classical Theory) People have free will to choose their behavior. Crime as a choice, is more attractive to some than abiding by the law. People may refrain from crime if the punishment or pain for it may be greater than the gain from it. Threat of punishment is the primary deterrent to crime.

Unit Biochemical Theories: (You Are What You Eat) Some biochemical studies suggest that offenders have abnormal levels of organic substances that influence their behavior and in some way make them prone to anti-social behavior.

Unit Biological Theories (Genetic and Neurological Abnormalities) Does someone in this crowd have genetic factors that classifies him or her as a potential threat to society? How would we know? What would we do even if we did know?

Unit Psychological Theories (It’s in Their Heads) Behavioral Theory Learning to commit crime Psychopaths and Sociopaths Psychoanalytic Theory Moral Development and cognitive theory

Unit Sociological Theories It is … unlikely that crime patterns and trends can be explained by biological or psychological factors alone. Official, self-report, and victim data all indicate social patterns in crime rates. Sociologist Emile Durkheim concluded that crime was an essential part of society and a function of its internal conflict.

Unit Social Structure Theory: (Because They’re Poor) The focus of these theories is a stratified society and the unequal distribution of wealth and status as causes of crime. Disorganized neighborhoods and crime Deviant values and subcultures and crime Inability to achieve social success and crime Poverty and crime

Unit Social Process Theories Crime results from socialization in family life, the educational experience, and institutions in society. Criminal behaviors, attitudes and values can be taught. Who is the teacher?

Unit Social Process Theories: Learning Theory - (Learning to be Bad) Delinquent behavior is learned in interaction with others. People are “good” but learn to be “bad.”

Unit Social Process Theories: Social Control Theory - (Learning to be Good) Close associations with important institutions and individuals control behavior. People are born “bad” and must be controlled to be “good.”

Unit Conflict Theory - (“It’s a Dog Eat Dog World”) Crime is caused by economic and political forces in society. Criminal law and the criminal justice system are viewed as vehicles for controlling the poor members of society. The criminal justice system serves the rich and powerful. Crimes are defined in ways that meet the needs of those who control society.