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CHAPTER 2 CRIME AND JUSTICE IN AMERICA Why does the law label some types of behavior as criminal? • Definitions of crimes may not remain fixed over time. • Court rulings often modify definitions. • Occasionally new crimes emerge; for example, cybercrime Types of crimes: Crimes may be classified in various ways. Such as; Felony and Misdemeanor crime classifications. Visible crime: An offense against persons or property. Often referred to as “street crime” or “ordinary crime,” this type of offense is the one most upsetting to the public. There are three types of crimes considered as visible: Violent, Property and Public Order Crimes. These types of crimes are regarded as the most criminal as they are the most upsetting to the public, the least profitable and hardest to hide. Most law enforcement resources are used to deal with these types of crimes. Violent crimes: These types of crimes are acts against people in which death or physical injury results (e.g., criminal homicide, assault, rape, robbery). Public is most fearful of these crimes and many violent crimes are committed by acquaintances. Property crime: These crimes are acts that threaten property held by individuals or by the state (e.g., theft, larceny, shoplifting, embezzlement, and burglary). Offenders may be amateurs or well-organized professional criminals. Public order crimes: These types of crimes are acts that threaten the general well-being of society. They challenge principles and morals and the police usually treat them as minor offenses, however, some argue that they lead to public fear and distrust. Types of crimes that fall into this category might be; public drunkenness, aggressive panhandling, vandalism, and disorderly conduct. Occupational crimes: These types of crimes are criminal offenses committed in the context of a business or legal profession. They are usually not discovered if "done right" and costs may far exceed street crimes. “Lying, Cheating, and Stealing” https://www.justice.gov/opa/pr/national-health-care-fraudtakedown-results-charges-against-301-individuals-approximately-900 Department of Justice press release regarding health care fraud. Should the punishments be similar? Is jail time an appropriate form of punishment for healthcare fraud? Organized crime: This type of crime is a framework for the perpetration of criminal acts, usually in fields such as gambling, drugs, and prostitution as they provide illegal services that seem to be in great demand. Organized crime is highly organized, servicing millions and much of this type of crime is transnational and “borderless”. Other examples of this type of crime might be commercial arson, disposal of toxic waste, money laundering, or perhaps illegal recycling.

Transnational crimes: Transnational crimes are profit-seeking criminal activities that involve planning or execution across state borders. There are three distinct categories: Provision of illicit goods: This includes drug trafficking and moving stolen property, such as automobiles and artwork, from one country to another. Provision of illegal services: This includes human trafficking, such as transporting sex workers or undocumented immigrants illegally into a country. The FBI has been tracking human trafficking since 2013. Infiltration of business or government: This includes bribery, extortion, and money laundering activities and child pornography. These types pf crimes can amount to more than $870 billion annually and enforcement depends on cooperation between agencies across countries. Victimless crimes: These types of crimes involve a willing and private exchange of goods or services that are in strong demand but remain illegal. The idea behind victimless crimes are that participants do not feel they are being harmed, but these types of crimes are prosecuted on the grounds that society as a whole is being injured. Two examples might be; prostitution and drug use. Political crime: Political crimes are criminal acts committed either by the government or against the government which are carried out for ideological purposes. Two examples are Timothy McVeigh’s 1995 bombing of the Murrah federal building in Oklahoma City or the 2001 attack on the World Trade Center Cyber Crimes: These types of crimes primarily use computers and the internet to commit crimes. Internet Crime Complaint Center received 269,422 complaints about cybercrime losses in 2014. Essentially, considered, "new ways to do old tricks". Examples of this are electronic trafficking of child pornography, computer hacking, online scams, and/or victimization of and by juveniles.

So, how much crime is there? Crime rate has actually declined since 1980. Violent crime dropped 19 percent between 2006 and 2012 despite most Americans still thinking crime is increasing. Much more crime occurs than is reported to police and this is referred to as the “dark figure of crime.” There are different ways to measure crime; UCR, NIBRS and the NCVS. Please look over the material posted under this module for more information on these measuring tools. Uniform Crime Report (UCR): This measuring tool is a statistical summary of crimes reported to the police. This is a voluntary submission of data from law enforcement agencies covering 94.6 percent of the US population. Crime based on UCR is underreported by police and does not include unreported crimes; positive data-dependent funding. Only eight criminal offenses reported to police are included in the UCR and if more than one type of offense is involved, only the most severe offense is counted. Overall, the report is a useful but incomplete picture of crime. National Incident-Based Reporting System (NIBRS):

This is a reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim, and property. This was designed to address the shortcomings of the UCR. Police report all incidents of crime, forty-six offenses in twenty-two crime categories and this is intended to give a fuller and more realistic picture of crime. National Crime Victimization Survey (NCVS): This type of survey interviews samples of Americans to determine number and type of criminal victimization, and also tracks repeat victimization(s). It is intended to provide a picture of both unreported and reported crimes. Trends in crime: In recent years the crime rate has steadily decreased. Both the UCR and the NCVS indicate decline in crime. Aging baby boomers, increased use of security systems, handgun policies, and drop in use of cocaine are considered some of the factors. Men aged 16-24 remain a high-risk crime group. Interesting that “baby-boomers” passed through this age range in 1970s and increase in crime coincided. There has also been a 36 percent decrease in juvenile arrests for homicide between 2002 and 2011. http://nces.ed.gov/collegenavigator At this website, the U.S. Department of Education provides information on amounts of certain reported criminal activity at each college and university across the country. Typically, three years of crime data are available for each school. Crime victimization: How can we explain why some people are at higher risk of victimization than others? Victimology is a field of criminology that focuses attention on four questions: 1. Who is victimized? 2. What is the impact of crime? 3. What happens to victims in the criminal justice system? 4. What role do victims play in causing the crime they suffer? Who is victimized? Not everyone has an equal chance of becoming a victim. The likelihood is increased for those with "high levels of socioeconomic disadvantage". Demographics, such as: age, gender, income are factors. Lifestyles also have a direct effect on victimization and race can be a key factor in exposure to crime. Acquaintances and relatives are more likely to victimize than are strangers, (think of grooming patterns with sexual offenders). New practices and policies are focusing on sexual assault on college campuses and domestic violence cases. Impact of crime: Costs of crime Economic, social, and psychological costs can all be considered as part of crime impact. Government costs, such as; airport security, border patrols and counterterrorism are costly. Operation of criminal justice system are also included, (example; $8.9 million per homicide) and certain criminal justice agencies are taking cost-cutting measures. Fear of crime Though crime rates are down, the public fear of crime has increased. Experiences of victims in the criminal justice system may prevent folks from reporting further crime and some experts argue that the criminal justice victimizes the victim again. An example of this might be lost wages to appear in court or hostile questioning from defense attorneys.

The role of victims in crime: Many victims behave in ways that lead to crime by consent, provocation, enticement, risk taking, or carelessness or do not take proper precautions. Some may provoke or entice another person to commit a crime and others may be unwilling to help with the investigation and prosecution. Still not an excuse for criminal acts, but relevant to the system as a whole.

Causes of crime: Two major schools of criminological thought are classical and positivist schools. Classical criminology: Until eighteenth century, crime was explained in supernatural terms. Cesare Beccaria published “Essays on Crime and Punishment,” the first attempt to explain crime in secular terms. Classical criminology evolved from the movement spawned by Beccaria’s work. The main principles of classical criminology are: 1. Criminal behavior is rational. 2. People may choose to commit a crime after weighing the costs and benefits of their actions. 3. Fear of punishment is what keeps most people in check. 4. The punishment should fit the crime rather than the person who committed it. 5. The criminal justice system must be predictable. Neoclassical criminology is rooted in a resurgence of conservative ideology beginning in the 1980s. Positivist criminology: Based on the scientific theory, key features of this approach include: 1. Human behavior is controlled by physical, mental, and social factors, not by free will. 2. Criminals are different from non-criminals. 3. Science can be used to discover the causes of crime and to treat deviants. Biological explanations Originally claimed physical traits, they distinguish criminals from law abiding citizens. These explanations believe that certain people are criminogenic (born criminals). For example; they have primitive physical traits such as strong canine teeth, huge jaws, and high cheekbones. Folks who believe this, also believe these traits are acquired through heredity, alcoholism, epilepsy, or syphilis. Criminogenic - having factors thought to bring about criminal behavior in an individual. This concept also has progressed into psychological and sociological explanations. Psychological explanations This explanation looks at mental processes and behavior. It also uses descriptions such as sociopath, psychopath, and anti-social personality. Sociological explanations Sociologists studying CJ believe the causes of criminal behavior are the social conditions that bear on the individual. Social structure theories suggest that criminal behavior is related to social class.

What were James Holmes' motives? http://www.cnn.com/video/#/video/bestoftv/2012/07/23/exp-early-jordan-steffen.cnn Video from CNN about James Holmes who opened fire at a viewing of The Dark Knight Rises in Colorado. Social structure theories: These theories suggest that criminal behavior is related to social class and that crime is created by the structure of society. Robert Merton and anomie A breakdown or the social disappearance of the rules of social behavior Social process theories Theories that see criminality as normal behavior. There are three types of social process theories: Learning Theories: Learning theories see criminal behavior as learned, just as legal behavior is learned. Theory of Differential Association: The theory that people become criminals because they encounter more influences that view criminal behavior as normal and acceptable than they do influences that are hostile to criminal behavior. Control Theories: Control theories hold that criminal behavior occurs when the bonds that tie an individual to society are broken or weakened. Labeling Theories: Labeling theories emphasize that the causes of criminal behavior are found not in the individual but in the social process that labels certain acts as deviant or criminal. Critical criminology: Theories that assume criminal law and the criminal justice system are primarily a means of controlling the lower classes, women, and minorities Several theories fall under the umbrella of critical criminology: Social Conflict Theories: Social Conflict Theories that view crime as the result of conflict in society, such as conflict between economic classes caused by elites using law as a means to maintain power. Feminist Theories: These theories criticize existing theories for ignoring or undervaluing women’s experiences as offenders, victims, and people subjected to decision making by criminal justice officials. These theories also seek to incorporate an understanding of differences between the experiences and treatment of men and women while also integrating consideration of other factors, such as race and social class. Life-Course Theories: LC theories identify factors affecting the start, duration, nature, and end of criminal behavior over the life of an offender. They focus on criminal behavior over the life of the offender; criminal careers, pathways, and turning points.

Integrated Theories: Integrated theories combine differing theoretical perspectives into a larger model. Women and crime Theories need to explain the “gender gap”- why females are less likely to commit crime. The above theories also need to explain why females commit different types of crime than males do. "7 Notorious Women Criminals” https://www.britannica.com/list/7-notorious-women-criminals This is a list of female criminals from history.

Key Terms: Anomie - A breakdown or disappearance of the rules of social behavior. (p. 77) Biological explanations - Explanations of crime that emphasize physiological and neurological factors that may predispose a person to commit crimes. (p. 74) Classical criminology - A school of criminology that views behavior as stemming from free will, demands responsibility and accountability of all perpetrators, and stresses the need for punishments severe enough to deter others. (p. 73) Control theories- Theories holding that criminal behavior occurs when the bonds that tie an individual to society are broken or weakened. (p. 78) Criminogenic - Having factors thought to bring about criminal behavior in an individual. (p. 74) Critical criminology – Theories that assume criminal law and the criminal justice system are primarily a means of controlling the lower classes, women, and minorities. (p. 79) Cyber crimes - Offenses that involve the use of one or more computers. (p. 56) Dark figure of crime – A metaphor that emphasizes the dangerous dimension of crimes that are never reported to the police. (p. 59) Feminist theories – Theories that criticize existing theories for ignoring or undervaluing women’s experiences as offenders, victims, and people subjected to decision making by criminal justice officials. These theories seek to incorporate an understanding of differences between the experiences and treatment of men and women while also integrating consideration of other factors, such as race and social class. (p. 79) Integrated theories – Theories that combine differing theoretical perspectives into a larger model. (p. 80) Labeling theories – Theories emphasizing that the causes of criminal behavior are not found in the individual but in the social process that labels certain acts as deviant or criminal. (p. 78) Learning theories – Theories that see criminal behavior as learned, just as legal behavior is learned. (p. 78) Life course theories – Theories that identify factors affecting the start, duration, nature, and end of criminal behavior over the life of an offender. (p. 79)

Money laundering – Moving the proceeds of criminal activities through a maze of businesses, banks, and brokerage accounts so as to disguise their origin. (p. 53) National Crime Victimization Surveys (NCVS) – Interviews of samples of the U.S. population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimizations and thus the extent of unreported as well as reported crime. (p. 61) National Incident-Based Reporting System (NIBRS) - A reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim, and property. (p. 61) Occupational crimes – Criminal offenses committed through opportunities created in a legal business or occupation. (p. 52) 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. (p. 52) Political crime - An act, usually done for ideological purposes, that constitutes a threat against the state (such as treason, sedition, or espionage); also describes a criminal act by the state. (p. 55) Positivist criminology – A school of criminology that views behavior as stemming from social, biological, and psychological factors. It argues that punishment should be tailored to the individual needs of the offender. (p. 74) Psychological explanations - Explanations of crime that emphasize mental processes and behavior. (p. 75) Social conflict theories - Theories that view crime as the result of conflict in society, such as conflict between economic classes caused by elites using law as a means to maintain power. (p. 79) Social process theories - Theories that see criminality as normal behavior in the sense that everyone has the potential to become a criminal, depending on (1) the influences that impel one toward or away from crime and (2) how one is regarded by others. (p. 78) Social structure theories - Theories that blame crime on the existence of a powerless lower class that lives with poverty and deprivation and often turns to crime in response. (p. 77) Sociological explanations - Explanations of crime that emphasize as causes of criminal behavior the social conditions that bear on the individual. (p. 77) Theory of differential association - The theory that people become criminals because they encounter more influences that view criminal behavior as normal and acceptable than they do influences that are hostile to criminal behavior. (p. 78) Transnational crime – Profit-seeking criminal activities that involve planning, execution, or victimization that crosses national borders. (p. 53) Uniform Crime Reports (UCR) - An annually published statistical summary of crimes reported to the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies. (p. 59)

Victimless crimes – Offenses involving a willing and private exchange of illegal goods or 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 being injured. (p. 54) Victimology - A field of criminology that examines the role the victim plays in precipitating a criminal incident and also examines the impact of crimes on victims. (p. 65) Visible crime - An offense against persons or property, committed primarily by members of the lower class. Often referred to as “street crime” or “ordinary crime,” this type of offense is the one most upsetting to the public. (p. 51)...