1. Chapter 3 Defining and Measuring Crime

2. Learning Outcomes
LO1: Discuss the primary goals of civil law and criminal law, and explain how these goals are realized.
LO2: Explain the differences between crimes mala in se and mala prohibita.
LO3: Identify the publication in which the FBI reports crime data and list the three ways in which the data are reported.

3. Learning Outcomes
LO4: Distinguish between the National Crime Victimization Survey (NCVS) and self-reported surveys.
LO5: Identify the three factors most often used by criminologists to explain increases and decreases in the nation’s crime rate.

4. Discuss the primary goals of civil law and criminal law and explain how these goals are realized.
© 2011 Cengage Learning

5. Classifications of Crimes
Three important classifications of crimes
include:
Civil Law and Criminal Law
Felonies and Misdemeanors
Crimes Mala in Se and Mala Prohibita

6. Learning Outcome 1 Civil Law
Civil court is concerned with responsibility.
The burden of proof is preponderance of the evidence.
The remedy for violations of civil law is compensation.
Criminal Law
Criminal court is concerned with guilt.
The burden of proof is beyond a reasonable doubt.
The remedy for violations is some form of punishment.

7. Learning Outcome 1 The Burden of Proof:
The burden of proof is greater in criminal trials.
Criminal cases – beyond a reasonable doubt
Civil cases – preponderance of the evidence.

8. Learning Outcome 1 Felonies
More serious or atrocious than misdemeanors.
Punishable by death or imprisonment in a penitentiary for a period of a year or longer.
Misdemeanors
Less serious crimes.
Punishable by a fine and or incarceration in a local jail for up to one year.

9. Learning Outcome 1 Four degrees of Felonies:
Capital Offenses, for which the maximum punishment is death.
First Degree Felonies, for which the maximum punishment is life in prison.
Second Degree Felonies, punishable by up to ten years’ imprisonment.
Third Degree Felonies, punishable by up to five years’ imprisonment.

10. Learning Outcome 1 Degrees of Murder: First Degree Murder
Premeditated
Deliberate
Second Degree Murder
Malice Aforethought

11. ABC Video: Fresno Killing

12. Learning Outcome 1 Degrees of Manslaughter: Voluntary Manslaughter
Intent to kill was present in the mind of the offender, but malice was lacking.
Involuntary Manslaughter
Negligent homicide; the intent to kill was lacking.

13. Learning Outcome 1 Degrees of Misdemeanor Infractions
Gross misdemeanors
Petty misdemeanors
Infractions
Petty offenses

14. Explain the differences between crimes mala in se and mala prohibita.
© 2011 Cengage Learning

15. Learning Outcome 2 Mala in Se
Acts that are inherently wrong, regardless of whether they are prohibited by law.
Examples include murder, rape, and theft.
Mala Prohibita
Acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves.
Examples include speeding and loitering.

16. CAREERPREP Paralegal Job Description:
Assist lawyers in many aspects of legal work, including preparing for trial, researching legal documents, drafting contracts, and investigating cases.
In addition to criminal law, work includes civil law, corporate law, intellectual property, bankruptcy, immigration, family law, and real estate.
What Kind of Training Is Required?
A community college–level paralegal program that leads to an associate degree.
For those who already have a college degree, a certificate in paralegal studies.
Annual Salary Range?
$30,000–$75,000
For additional information, visit:

17. ABC Video: War on Drugs: Policing

18. Identify the publication in which the FBI reports crime data and list the three ways in which the data are reported.
© 2011 Cengage Learning

19. Learning Outcome 3 The Uniform Crime Report (UCR)
Produced by the Federal Bureau of Investigation
Includes data collected from 17,500 policing agencies each year, including:
Number of arrests.
Number of crimes reported.
Number of officers and support specialists.

20. Learning Outcome 3 UCR data is reported as:
A rate per 100,000 persons.
As a percentage change from previous years.
As an aggregate, or total number of crimes
This data is published by the Department of Justice in Crime in the United States.

21. Learning Outcome 3 Part I Offenses: Violent Crimes Property Crimes
Murder and non-negligent manslaughter
Robbery
Aggravated assault
Forcible Rape
Property Crimes
Burglary
Larceny-Theft
Motor Vehicle Theft
Arson

22. Learning Outcome 3 Part II Offenses:
Includes all crimes that do not fall into the category of Part I offenses.
Measured only by arrest data.
Occur six times more often than Part I offenses.

23. Distinguish between the National Crime Victimization Survey (NCVS) and self-reported surveys.
© 2011 Cengage Learning

24. Learning Outcome 4
Victim Surveys are a method of gathering crime where citizens are surveyed directly regarding their criminal victimizations.
Victim surveys attempt to uncover the dark figure of crime.
The most well-known victim survey is the National Crime Victimization Survey (NCVS).

25. Learning Outcome 4 Advantages of the NCVS over the UCR
Measures both reported and unreported crime
Unaffected by police bias and distortions in reporting crime to the UCR
Does not rely on victims reporting crime to the police
Reliability of the NCVS

27. Learning Outcome 4
Self-report surveys ask respondents to tell about their criminal activities.
Subjects tend to be more honest because there is no penalty.
Results suggest that the dark figure of crime is much larger than UCR or NCVS would suggest.

28. Identify the three factors most often used by criminologists to explain increases and decreases in the nation’s crime rate.
© 2011 Cengage Learning

29. Learning Outcome 5 The “usual suspects” of crime fluctuation:
Imprisonment
Youth populations
The economy

30. Learning Outcome 5 Age and Crime
Criminal offending peaks during the teenage years (usually around 17 or 18).
People “age out” of offending as they get older.

32. Learning Outcome 5 Drug Wars of the 1980’s
The impact of crack
The methamphetamine scourge
Questioning the legality of drugs
Crime in the 1990s and 2000s
The great crime decline
Leveling off
What the future holds

33. ABC Video: War on Drugs: Final Thoughts

34. CAREERPREP Gang Investigator Job Description:
Conduct assessments and refer at-risk youth to appropriate activities, programs, or agencies as an alternative to becoming involved in criminal activity. Also, counsel troubled youths and their families.
Serve as a liaison between the police department and schools and community organizations regarding gangs and other youth-related matters.
What Kind of Training Is Required?
At a minimum, a high school diploma and any combination of training, education, and experience equivalent to three to five years’ social service employment involving youth. A law enforcement background is also very helpful.
Preferred candidates will have a bachelor’s degree in counseling, criminal justice, or another social science field. Bilingual (English/Spanish) skills are desired.
Annual Salary Range?
$40,000–$49,000
For additional information, visit:

35. Learning Outcome 5

36. Learning Outcome 5 Crime, Race and Poverty:
In general, poor people and minorities commit more crimes and are more often the victims of crimes, than wealthier people and whites.

37. Learning Outcome 5 Race and Crime:
Official data indicates a strong relationship between minority status and crime.
Less than half those arrested for violent crimes are Black, but Blacks account for over half of all convictions and 60% of prison admissions.

38. Learning Outcome 5 Class and Crime:
The highest crime rates in the U.S. are consistently recorded in low-income, urban neighborhoods with the highest unemployment rates.
Lack of education is also related to criminal offending.
However, while these things are correlated, poverty does not cause crime. d

39. Learning Outcome 5 Ethnicity and Crime:
Race – based on physical characteristics.
Ethnicity – based on national or cultural background.
Many crime studies exclude Hispanics, Asian Americans, Native Americans, and other immigrant groups. d

40. Learning Outcome 5 Women and Crime
In 1970, 6,000 women in federal and state prisons…
…today, more than 114,000.
Explanations for the increase:
The life circumstances and behavior of women have changed dramatically.
Criminal justice system’s attitude towards women has changed.

41. ABC Video: Women in Maximum Security Prison: Murderers