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Criminal Justice in the New Millennium
Chapter 16 Criminal Justice in the New Millennium
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Globalization and Justice
The process of creating a global economy through transnational markets and political and legal systems Two element of globalization have the potential to encourage criminality: Technological advances Free markets and fair trade Learning Objective One
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Thinking Point Globalization and Justice
How has the focus on globalization shaped our understanding of criminal justice and the types of crimes the criminal justice system addresses? How might this shift even more in the future?
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Corporate Enterprise Crime
“White collar crime” Late 1930s became the term to describe the criminal activities of the rich and powerful Corporate enterprise crime Involves illegal activities of people and organizations whose acknowledged purpose is to profit through illegitimate business enterprise Learning Objective Three
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Global Enterprise Crime
The creation of the global capital markets has created unprecedented opportunities for business to access capital and for investors to diversify their portfolios Types of Wall Street Fraud schemes: Market manipulation High yield investment fraud Advance fee fraud Hedge fund fraud Commodities fraud Foreign exchange fraud Broker embezzlement Late-day trading
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Corporate Enterprise Crime
The Subprime Mortgage Scandal Failure of banks Government bailout Loans to borrowers who normally would not qualify for bank loans Securitization Help first time borrowers, also source of fraud Learning Objectives Two & Four - Daniel Peart stands next to a “for sale”sign in front of his home in Poway, California. Divorce led Peart to refinance his home with a subprime loan. Like many borrowers with spotty credit, he agreed to a relatively high interest rate in exchange for two years of low fixed payments. In less than a year, however, the payments jumped beyond his budget and he had to put the house up for sale.
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Corporate Enterprise Crime
The Subprime Mortgage Scandal Foreclosure rescue scams Phantom help Bailout Bait and switch Builder-bailout schemes Learning Objectives Two & Four
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Corporate Enterprise Crime
Management fraud Typically involves falsifying financial information for their own financial benefit Learning Objectives Two & Four
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Corporate Enterprise Crime
Strategies to Control Corporate Crime Civil Law Strategies Economic sanctions Civil penalties Criminal Law Strategies Deterrence Learning Objective Two
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Corporate Enterprise Crime
The detention and enforcement of corporate crime Primarily in the hands of administrative departments and agencies The decision to pursue criminal rather than civil violations usually is based on: The seriousness of the case The perpetrator’s intent, actions to conceal the violation, and prior record Learning Objective Two
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Cyber Crime The theft and/or destruction of information, resources, or funds via computers, computer networks, or the Internet Learning Objectives Five & Six - J-Michael Roberts (left), a digital forensic examiner, and his colleague, Ashim Kapur, set up a computer system to collect evidence of a botnet operation in Scranton, Pennsylvania, March 23, Botnets are groups of computers that help harvest bank account passwords and other personal information from computers.
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Cyber Crime Cyber theft involves the use of computer networks for criminal profits Some of the most common methods of cyber theft are: Computer fraud Copyright infringement Internet securities fraud Identity theft E-tailing fraud Learning Objective Six - A California Department of Justice officer examines counterfeit jewelry that was confiscated during an investigation before the jewelry was sold on eBay. California Attorney General Kamala Harris has announced the creation of an eCrime Unit to investigate and prosecute identity theft, child exploitation, and other cyber crimes.
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Cyber Crime Pornography and Prostitution
The internet is an ideal venue for selling and distributing adult material The First Amendment Makes legal control of pornography quite difficult Learning Objective Six - Lt. Mike Baute from Florida’s Child Predator CyberCrime Unit talks with a man via instant messaging in Fort Lauderdale, Florida. The person on the other end of the chat told Lt. Baute, who is saying he is a 14-year-old girl, that he is a 31-year-old male and sent Baute a child photograph of himself. The CyberCrime Unit works to reduce child pornography through aggressive enforcement.
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Cyber Crime Cyber vandalism
Involves malicious attacks aimed at disrupting, defacing, and destroying technology Includes: Viruses and worms Trojan horses Denial-of-service attack Web defacement Cyber stalking
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Cyber Crime Cyber Bullying
The willful and repeated harm inflicted through the medium of electronic text Includes: Harassing s or instant messages Obscene, insulting, and slanderous messages to online bulletin boards Websites promoting and disseminating defamatory content Harassing text messages Learning Objective Six
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Cyber Crime Cyber Warfare
Politically motivated attacks designed to compromise the electronic infrastructure of an enemy nation and disrupt its economy One type is cyber espionage Learning Objective Six
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Cyber Crime The Extent and Costs of Cyber Crime
Thousand of breaches each year The internet has become a major source of illegal profits Billions of dollars Most is not reported to authorities Learning Objective Seven
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Cyber Crime Controlling Cyber Crime
New legislative initiatives include: Software piracy Copyright infringement Identity theft Internet pornography Computer crimes Learning Objective Seven
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Cyber Crime Enforcing Cyber Laws
Federal level is where most efforts occur Other specialized enforcement agencies Internet Fraud Complaint Center the National White Collar Crime Center Learning Objective Seven
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Transnational Organized Crime
Use of illegal tactics to gain profit in the global marketplace Typically involves the cross-border sale and distribution of illegal commodities Transnational Crime Groups Money laundering Human smuggling Cyber crime Trafficking of humans, drugs, weapons, endangered species, body parts, or nuclear material Learning Objective Eight
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Transnational Organized Crime
Transnational Crime Groups Yakuza Fuk Ching Triads Heijin Jao Pho Red Wa Russian Mob Mexican Drug cartels Learning Objective Eight - Young women trying to attract customers to a go-go bar in Pattaya, Thailand. Pattaya is renowned and stigmatized as a tourist destination where the lure of cheap sex is its only “virtue.” Pattaya is often referred to as a modern Sodom, where every resident is condemned as sinful or corrupt. The town attracts men of all ages from European and Asian countries, including China, Taiwan, Korea, and Russia. Sex tourism is one of the world’s pressing problems.
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Mexican Cartel Areas of Influence
Figure 16.1 Mexican Cartel Areas of Influence
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Transnational Organized Crime
Controlling Transnational Crime Eurasian Organized Crime Working Group Central European Working Group Southeast European Cooperative Initiative Racketeer Influence and Corrupt Organization Act (RICO) Federal legislation that enables prosecutors to bring additional criminal or civil charges against people engaged in 2 or more acts prohibited by 24 existing federal and 8 state laws Learning Objective Ten
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Terrorism Premeditated, politically motivated violence
Perpetrated by subnational groups or clandestine agents against noncombatant targets, usually intended to influence an audience Act must be aimed at a goal that sets it apart from a common law crime committed for greed or egotism
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Thinking Point Find 2-3 newspaper articles that address a terrorist event that has occurred within the past 1 year. How does the event you chose fit into the context of terrorism discussed in the chapter? What view would you use to explain the terrorist attack you chose?
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Terrorism Types of terror groups: Revolutionary terrorism
Political terrorism Eco-terrorism Nationalist terrorism Retributive terrorism State-sponsored terrorism cult terrorism Criminal terrorism The United Nations office following a suicide car bomb attack in Abuja, Nigeria, August 27, Nigeria has released several radical Muslim prisoners over the past few years to placate Muslim groups, and the suspects who were accused of various terrorism offenses are now thought to be working to organize terror attacks, like this bomb attack on the UN office.
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Thinking Point Choose a terror attack that has occurred against the United States. Read 2-3 articles about the event. What type of terror group was involved? What explanatory view would you use for this event?
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Terrorism There is no single personality trait or behavior pattern that distinguishes the majority of terrorists Views on why terrorists engage in criminal activities: Psychological view Socialization view Ideological view Alienation view
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Terrorism Numerous laws have been passed in an effort to catch terrorists and prevent acts of terrorism Federal courts are typically the venue of choice Patriot Act
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Terrorism Terrorism convictions usually fall into one of two categories: Category I Violations of federal statutes directly related to international terrorism and that are utilized regularly in international terrorism matters Category II Cases include defendants charged with violating a variety of other statutes where the investigation involved an identified link to international terrorism
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Terrorism The government has sometimes taken drastic measures to curtail the rights of its enemies In the wake of 9/11, the Supreme Court handed down decisions in several important cases
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The Future of Criminal Justice
A number of changes in the future include: Demographic shifts Technological advances Increased diversity Focus on what works Doing more with less Globalization Green crime Illegal immigration
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Projected Populations of the United States
Figure 16.2 Projected Population of the United States, by Age and Sex
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Projected Populations of the United States
Figure 16.3 Projected Population of the United States, by Race and Hispanic Origin
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