Introduction to
Criminal Justice
Crime and Its
Consequences
Chapter Two
Bohm and Haley
The object of criminal justice in the
United States
is to
prevent and control crime.
Therefore,
to understand criminal justice,
it is necessary to understand crime.
Definitions of Crime
Social Definition of Crime
Crime is behavior that violates the norms of society.
Norms are determined by society and include
informal standards or rules that define what
people should or should not think or do.
Considerations: Norms vary; norms are subject to
interpretation; and norms change over time and
from place to place.
Definitions of Crime
Legal Definition of Crime
Crime is the intentional violation of the criminal law
or penal code, committed without defense or
excuse and penalized by the state.
Considerations: Over-criminalization, nonenforcement, and under-criminalization.
Elements of Crime

Harm: The external consequence required to make an action a

Legality: The requirement (1) that a harm must be legally forbidden

Actus Reus: Criminal conduct that is intentional or criminally

Mens Rea: Criminal intent; a guilty state of mind.

Causation: A causal relationship between the legal harm and the

Concurrence: The criminal conduct (actus reus) and the criminal

Punishment: An enforceable statutory provision (law).
crime.
for the behavior to be a crime and (2) that the law must not be
retroactive, i.e., ex post facto.
negligent (reckless) action or inaction that causes harm.
actus reus.
intent (mens reus) must occur together.
Question
What are some examples of
legal defenses for
criminal responsibility?
Categories of Crime

Felonies:* serious crime
punishable by death, fine,
confinement (prison) for more
than a year.


Mala in se:

Mala prohibita:
Misdemeanor:* lesser
crime – not a felony,
punishment by no more than
$1,000 and one year maximum
in a county/city jail.
* Felony or misdemeanor is
determined by legislated
punishment by jurisdiction.
crimes wrong
in themselves. Crimes
characterized by universality
and timelessness, i.e., murder
and rape.
crimes
are defined by laws. Lacks
universality and timelessness,
i.e., gambling, trespassing, and
prostitution.
Methods of Measuring Crime
Uniform Crime Reports
Self- Report Surveys
Victim Surveys
Uniform Crime Reports

Based on crimes reported to the police.

Based on a population unit of 100,000.

Divided into two representative
categories: Indexed and non-Indexed.

Categories counted differently.

Many problems with accuracy.
Uniform Crime Reports

Indexed Crimes

Violent
Crime








Criminal Homicide
Forcible Rape
Robbery
Aggravated assault
Burglary
Larceny/theft
Motor vehicle theft
Arson
Non-Indexed
Crimes

All others
Non-violent
Crime
Question
What is a status offense?
Problems With UCR Data

No federal crimes are included*

Reports are voluntary – vary in accuracy and
completeness.

Not all police departments submit reports

Only the most serious crime is recorded

Definitions of crimes vary
* Data is accumulated and processed by the FBI.
The Future of the Uniform
Crime Reports

National Incident-Based Reporting System (NIBRS) (1991)

Maintained by the F.B.I.

Twenty-two crime categories (46 offenses)

More information on each crime in each category

Data compiled based on incidents, not arrests.

As of 2004, 29 states were NIBRS certified.
CLEARANCE RATE
The clearance rate for crimes is when at least one
person is arrested, charged, and turned over to
court for prosecution.
Of all crimes reported to the police,
20-21 percent are cleared by arrest.
(50 % for violent crimes and
18% for property crimes).
CRIMES CLEARED BY ARREST, 2004
70
60
50
Murder
Assault
Rape
Robbery
Larceny
Mtr Veh Theft
Burglary
40
30
20
10
0
Murder
62.6%
Assault
55.6%
Rape
41.8%
Robbery Larceny
26.2%
18.3%
Veh Tft
13%
Burglary
12.9%
CRIME RATE
The crime rate is computed by the number of
crimes reported to the police.
Number of Reported Crimes x 100,000 = Rate per 100,000
Total U.S. Population
CRIME VICTIM SURVEYS

Asks victims about their encounters with criminals.

Uses sampling techniques.

May also describe people most at risk.

Potential measurement problems include:
1)
2)
3)
4)
Over and Under reporting
Sampling Errors
Inadequate question format
Inability to record activity
QUESTIONS
What is the
National Crime Victimization Study?
What are some findings of the NCVS?
Self Reported Crime

Participants reveal information about their violations of
the law

Helps to get at the “Dark Figure of Crime”

Supplements and expands official data

Validity and reliability better than expected by
many

Accuracy for chronic offenders and drug abusers may be
limited

Example: The National Youth Survey
Trends in Violent Crime



Violent crimes in 2000 were the lowest since 1985
Violent crime was down 25.5% since 1996
Current decline seems to be stabilizing
1986
2000
Trends in Property Crime
10.2 million in 2000
-down 21.4 % from 1991
-Rate of decline is stabilizing
1991
2000
Questions
What are some possible reasons for the
declining crime rates.
What might reverse the downward trend?
Cost of Crime




Economic loss to victims in the U.S. was $15 billion
(2003).
Tangible costs include: costs of the criminal justice
process, security devices bought for protection, losses to
businesses, and losses from corporate crimes.
Intangible costs: pain, suffering, and reduced quality of
life.
Estimated total cost: $450 billion annually.
Fear of Crime
Fear of crime can be the most burdensome
and lasting consequence of victimization.
Fear of crime is contagious.
What People Fear:

40% of Americans are fearful of a specific
type of crime.

80% of Americans are fearful of crime in
general.
Victims
Victimization, like fear, is not spread evenly through
the U.S. population.
The most likely victims of violent crime are:

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Younger (age 12-24)
Never married, divorced, or separated
Poor
Black
Urban residents
Male
Living in the West