street law - Capital High School

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UNIT 2: Criminal Law & Juvenile Justice
Chapter 7
Crime in America

A crime is the violation of a law established to
protect people & maintain an orderly society
 People everywhere are affected by crime;
however, certain factors such as age, gender, &
location influence the likelihood of becoming a
victim of crime
 Criminals in the U.S. wear many faces, from the
teen who steals DVD’s from the electronics store
to the career thief planning an armed bank
robbery

Authorities disagree over the causes of crime
& what can be done about it
 They argue that poverty, unemployment, lack of
education, drug & alcohol abuse, & inadequate
police protection are to blame
 Some people believe that working to end these
problems would lead to a decrease in crime rates

Gangs & gang activity also contribute to the
problem of crime
 Experts agree that combating the problems of
gangs & crime begins with outreach & intervention
programs to prevent gang involvement
The Nature of Crimes

A crime is something that a person does or
fails to do that violates the law
 The government establishes penalties for such
behavior

Crime rates are influenced by many factors,
although many people disagree about the
causes of crime & the best solutions to the
problem

In recent years, crime on high school & college
campuses has become a serious problem
 Hate crimes, violent assaults, property crime
○ College Campus Crime Rate Increases [1:48]
○ Violent crimes are up on college campuses in Tennessee
[1:01]
○ College Safety – National Campus Safety Awareness Month
[3:51]

Crime is costly—in addition to the loss of life &
property, it costs the government a great amount of
money to prevent, investigate, & prosecute crime

FBI Uniform Crime Reports
 Crime Trends, 2011 - 2012
Crime Clock
reports the frequency of crimes
 Crime Index
totals of violent crimes & property crimes

The National Council on Crime & Delinquency
recommends alternatives to incarceration as
one strategy for reducing crime
Problem 7.1 – page 75
 Problem 7.2 – page 76
 Problem 7.3 – page 78
 Problem 7.4 – page 80
 Problem 7.5 – page 81
“The Case of Weapons at School”

Gangs & Crime

Gangs are active in towns & cities of all sizes
throughout the country
 Seattle Hoods
 East Tacoma Gang Graffiti
Gangs expose their members & their
communities to extreme violence & danger
 Many youths join gangs because gangs offer
a sense of belonging & an opportunity to earn
money

 Beyond the Shadows: Crime in Yakima
Most people agree that a promising strategy to
discourage gang membership is to provide
young people with opportunities & community
connections that will offer them a greater sense
of belonging
Gang Risk Factors
Poverty
School Failure
Substance Abuse
Family Dysfunction
Domestic
Violence
Community
Violence
Poor
Self-Esteem
Little Adult
Participation
Problem 7.6 – page 84
First 3 of Accused Crips Gang Members Sentenced

Prevention, Intervention & Suppression
 National Gang Center
○ National Gang Center - Chapter 6
Framework for
Delinquency Prevention & Early Intervention
(Page 10)
 Gang Prevention & Intervention Strategies
(Page 11)
 Ch. 7 – Analyzing (HO)

Guns & the Law

Most Americans who own firearms own them
legally & use them lawfully
 However, guns are often used in violent crimes
Experience in the U.S. Prior to the U.S. Constitution
Early English settlers in America viewed the right to
arms and/or the right to bear arms and/or state
militias as important for one or more of these
purposes (in no particular order)






enabling the people to organize a militia system
participating in law enforcement
deterring tyrannical government
repelling invasion
suppressing insurrection, allegedly including slave revolts
facilitating a natural right of self-defense
The 2nd Amendment
A well regulated Militia, being necessary to the
security of a free State, the right of the people to
keep and bear Arms, shall not be infringed
Many people
disagree about
the
government's
role in
controlling gun
ownership
The U.S. Supreme Court
In the twenty-first century, the amendment has
been subjected to renewed academic inquiry
and judicial interest

In District of Columbia v. Heller (2008), the
Supreme court handed down a landmark
decision that held expressly that the
amendment protects an individual right to
possess & carry firearms
In McDonald v. Chicago (2010), the Court
clarified its earlier decisions limiting the
amendment's impact to a restriction on the
federal government & expressly found that it
limits state & local governments to the same
extent that it limits the federal government
Despite these decisions, the debate between the
'gun control' & 'gun rights' movements & related
organizations continues
Does the Second Amendment protect the right of
individuals to own guns?
Or . . .
Does the
Second
Amendment
give the
states power
to maintain a
militia but
does not
entitle
individuals to
own guns?
The U.S. Supreme Court has interpreted the
Second Amendment to mean that the state has
the right to maintain a militia
Understanding the 2nd Amendment
The Supreme Court
&
The Politics of Gun Control
[7:37]
The Federal Gun
Control Act of
1968 is the
primary federal
gun-control law
Congress amended this law in 1993 by enacting the
Brady Act
•
Established national system to check backgrounds of
persons before selling guns to them
Gun laws have also been enacted at the state & local
levels
For Your Information – page 86
 Problem 7.7 – page 87


Problem 7.8 – page 88
Law in Action:
Child Access Prevention (CAP) Laws
Substance Abuse & Crime

Abuse of alcohol & drugs (substance abuse)
contributes to many social problems & often
leads to other criminal activity
 Although many adults use alcohol responsibly,
alcohol abuse can be very harmful to society
 Implied Consent Law: the driver agrees to submit
to a BAC test in exchange for the privilege of
driving
○ WA – DUI Arrest Information & Advice
Is the best way to handle the drug problem to legalize
some or all drugs?
Would legalization allow the government to better
regulate drugs & eliminate the problems that are
associated with illegal distribution of drugs?
Problem 7.9 – page 91
 Problem 7.10 – page 92
Law in Action: Drug Courts

 Offer treatment instead of punishment for
individuals who commit crimes & have problems
with controlled substances
Problem 7.11 – page 93
 Problem 7.12 – page 94
Law in Action: Drugs in the City

Victims of Crime
Every person is at risk to be a victim of crime
 However, teens & young adults are more likely than




any other age groups to be victims
In 2011, 9,878 people were killed and approximately
315,000 were injured
Each crash, each death, each injury impacts not only
the person in the crash, but family, friends, classmates,
coworkers and more
Even those who have not been directly touched help
pay the $132 billion yearly price tag of drunk driving
But together we can eliminate drunk driving [MADD]
Victim advocacy groups [MADD] work to protect
victims by promoting the concerns & rights of
victims
 Victims are not a party to the criminal case & their
rights & needs are too often ignored
Problem 7.13 – page 96
Figure 7.3: Violent Crime Rates
 Law in Action:
Victim’s Rights: Megan’s Law as Advocacy

 Passed as a result of victim’s advocacy groups
 Requires the registration of all convicted sex
offenders in a community
Dateline: To Catch a Predator
 FOX News: PA - Local Law
 International Megan’s Law Proposal
 WA Megan’s Law Website
 WA Assoc. of Sheriffs & Police Chiefs –
Registered Offenders


Recidivist (Repeat Offender) Law
 Require long sentences—including sentences of
life in prison w/o parole—for persons who are
repeatedly convicted of the same crime, even
relatively minor ones
Preventing & Reporting Crime

You can help fight crime by learning how to
protect yourself
 Also, reporting crime can help to prevent others
from being victims

There are many organizations & programs
that exist to assist victims of crime & prevent
future crime
Law in Action – page 99
Good Samaritan Laws
 WA - 911 Good Samaritan Law
 Problem 7.14 – page 99

Ex Post Facto

An ex post facto law (from the Latin for "from after the action") or
retroactive law is a law that retroactively changes the legal
consequences (or status) of actions committed or relationships that
existed prior to the enactment of the law – In reference to criminal law, it
may
 criminalize actions that were legal when committed; or
 aggravate a crime by bringing it into a more severe category than it was in at the
time it was committed; or
 change or increase the punishment prescribed for a crime, such as by adding new
penalties or extending terms; or
 alter the rules of evidence in order to make conviction for a crime more likely than
it would have been at the time of the action for which a defendant is prosecuted

Conversely, a form of ex post facto law commonly known as an
amnesty law may decriminalize certain acts or alleviate possible
punishments
 Example: replacing the death sentence with lifelong imprisonment) retroactively
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