Stankiewicz What are the elements of crime? What are legal defenses/legal excuses for criminal responsibility? Explains some types and definitions of selected crimes? Explain how crime is measured and why crime statistics are unreliable. Identify the costs of crime Fear of Crime Characteristics of victims of crime Crime From the Latin meaning “accusation” or “fault” Legal Definition An intentional violation of the criminal law or penal code, committed without defense or excuse and penalized by the state Over-criminalization Non-enforcement Under-criminalization ______________________________________ ______________________________________ ______________________________________ ______________________________________ “Victimless” crimes ______________________________________ ______________________________________ ______________________________________ ______________________________________ Kissing may last for no longer than five minutes in Indiana In Michigan a woman isn’t allowed to cut her own hair without her husband’s permission The failure to routinely enforce prohibitions against certain behavior Authorities – “__________________________” Common for some “white collar” crimes and “blue laws” Causes disrespect for law _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Technically a crime has not been committed unless all of the following elements are present: ___________________ Legality ___________________ Mens Rea ___________________ Concurrence Punishment The external consequence – an action ______________________________________ ___________________ ___________________ ___________________ ___________________ __________________ A threat to do something violent to someone _____________________ _____________________ _____________________ _____________________ _____________________ Writing something false about another person that injures him/her is called “_____________” Spoken equivalent is called “__________________” A mental or emotional state is not sufficient ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ to commit a crime is not sufficient Legality has two elements ___________________ ___________________ ___________________ Law must not be retroactive or “___________________ ___________________” ______________________________________ ______________________________________ ______________________________________ Increases the punishment for an act after it was committed Changes the rules of evidence ___________________________________ prohibits ex post facto laws Criminal conduct – ___________________ ___________________ ___________________ ___________________ ___________________ Latin for “Criminal Intent” ___________________________________ Intentional or inaction Not _________________________________ ___________________ ___________________ ___________________ ___________________ ___________________ ________________ ______________________________________ ______________________________________ ______________________________________ – or Actus reus Criminal act must directly lead to harm without a long delay For any behavior to considered a crime there must be a ______________________________________ ______________________________________ ______________________________________ For something to be a crime there must be some statutory provision for punishment or at least the threat of punishment Without this fact the law is ___________________________________ and therefore not a criminal law In US, offender is not considered responsible (or less responsible) for an offense if he/she has: _____________________________ _____________________________ Was insane Acted in self defense or to save another _________________________________ Acted out of necessity _____________________________________ ______________________________________ ______________________________________ ______________________________________ 18 and older an adult Special circumstances In Us under ____________ it is assumed person does not have capacity to form criminal intent Category of offense for young offenders between the ages __________________ Mental or psychological __________________ that or _____________ as a defense against a criminal charge Sanity or insanity determined by ______________________________________ ______________________________________ Insane: if at time of offense the perpetrator: Did not know the nature and quality of the act Did not know that the act was wrong ______________________________________ ______________________________________ ______________________________________ Not nearly as common as portrayed in the movies/tv or in myth ______________________________________ ______________________________________ Use only _________________________ necessary to defend In case of property Deadly force not authorized; non-deadly sometimes authorized _____________________________________ A legal defense against criminal responsibility when a person, who was not readily predisposed to it ______________________________________ ______________________________________ _____________________________________ Common defense used Usually ___________________________ A legal defense against criminal responsibility used when ______________________________________ ______________________________________ ______________________________________ Violent Crimes Crimes that involve _______________________ Murder The crime of _______________ _______person especially with _______________ aforethought Manslaughter __________________________________________ _________________________________________, either express or implied; distinguished from murder, which requires __________________________________________ Aggravated Assault The crime of physically attacking another person which results in ______________________ and/or is made with a deadly or _________________ weapon such as a gun, knife, sword, ax or blunt instrument Robbery The taking of money or goods in the possession of another, from his or her person or immediate presence, _________________________________ Kidnapping ______________________________________ with intent to hold him for ransom or reward; or use him as a ____________________ ; or accomplish or aid the commission of any felony or flight therefrom; or inflict physical injury upon him, or to violate or abuse him sexually; or terrorize him or a third person Larceny __________________________________________ __________________________________________ ___________________________________ with the intent to deprive him or her of its possession permanently Burglary The __________________ breaking and entering of the dwelling of another at night with an intent to commit a felony therein. Embezzlement The act of ____________________________ for the purpose of ______________ of such assets by one or more individuals to whom such assets have been entrusted, to be held and/or used for other purposes Arson The crime of maliciously, voluntarily, and willfully ____________________________ , buildings, or other property of another or of burning one's own property for an improper purpose, as to collect __________ Extortion (also called shakedown, outwrestling, and exaction) A criminal offence __________________________________________ _________________________________________, through coercion Blackmail Extortion of money or something else of value from a person by the ____________________ ____________________ ____________________ ____________________ ____________________ Fraud In criminal law, __________________________ made for personal gain or to damage another individual Counterfeiting The process of fraudulently ____________________________________ , altering, or distributing a product that is of lesser value than the _______________________ . Treason A ______________________________________ ______________________________, make war against, or seriously injure the [parent nation]." In many nations, it is also often considered treason to attempt or conspire to overthrow the government, even if no foreign country is aiding or involved by such an endeavor. Sedition Is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order __________________________________________ __________________________________________ __________________________________________ Widespread group of professional criminals who rely on illegal activities as a way of life and whose activities ______________________________________ ______________________________________ ______________________________________ ______________________________________ Hate Crimes occur when a perpetrator ______________________________________ ______________________________________ Examples of such groups include but are not limited to: racial group, religion, sexual orientation, ethnicity or gender identity Financially motivated nonviolent crime committed for illegal monetary gain Actions that have been ruled illegal but do ______________________________________ ______________________________________ ______________________________________ Often involves consensual acts in which two or more persons agree to commit a criminal offence in which no other person is involved Examples include prostitution, gambling, and ____________________ . It is difficult to accurately measure the amount of crime statistics “Behavior” is viewed as some as criminal and others as noncriminal If behavior is not labeled as a crime it is not counted Large percentage of crimes are _______________ Large percentage of crimes go _______________ Some crimes are not documented by police Really only an index of crime known to the police A crime index Estimate of crimes committed Victims consider crime _________________ Victims avoid ___________________ an offender Offender may be a family member Victim may ___________________________ Gambling; prostitution Victim may wish to avoid the inconvenience of calling the police Victim may be __________________________ Victim may ____________________________ Victim may feel police are inept and can’t catch the ____________________________ A measure of the _____________________ expressed as the number of crimes per unit of population Official data on crime in the United States, published by the Federal Bureau of Investigation (FBI) UCR is a "a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention Crime statistics are compiled from UCR data and published annually by the FBI The FBI does not collect the data itself Law enforcement agencies across the United States provide the data to the FBI, which then compiles UCR UCR program began in 1930, and since then has become an important source of crime information for law enforcement, policymakers, scholars, and the media The UCR Program consists of four parts: Traditional Summary Reporting System (SRS) and the National Incident Based Reporting System (NIBRS) – Offense and arrest data Law Enforcement Officers Killed and Assaulted (LEOKA) Program Hate Crime Statistics Program – hate crimes Cargo Theft Reporting Program – cargo theft Eight Index Crimes ____________________ Murder and manslaughter 2. Forcible Rape 1. ____________________ ____________________ ____________________ ____________________ 3. 4. 5. 6. 7. 8. Robbery Aggravated assault Burglary Larceny/theft Motor vehicle theft Arson An incident-based reporting system used by law enforcement agencies in the United States for collecting and reporting data on crimes Local, state and federal agencies generate NIBRS data from their records management systems Data is collected on every incident and arrest in the Group A offense category These Group A offenses are 46 specific crimes grouped in 22 offense categories Specific facts about these offenses are gathered and reported in the NIBRS system In addition to the Group A offenses, eleven Group B offenses are reported with only the arrest information Administered by the _____________________________________ A national survey of US households twice a year in the United States The survey focuses on gathering information on the following crimes: assault, burglary, larceny, motor vehicle theft, rape, and robbery The survey results are used for the purposes of building a crime index According to National Crime Victimization Surveys (NCVS) in 2005 cost to victims was _____________________________________ Does not count the cost of the criminal justice system Other economists/criminologists (private) have estimated the costs at _____________ US dollars (University of Chicago's Journal of Law and Economics) A byproduct of crime is the fear of crime Fear almost same if one experiences crime or knows someone who experienced crime Gender: ____________ fear crime more than males by over 2 to 1 Race: ___________________fear crime more than whites (41%-30%) Age: _________________fear crime more than any other age group Region: _________________ fear crime more than any other region Education: High School graduates slightly more fearful of crime than people with some college Politics: ______________________________________ ______________________________________ Income: Fear declines with _______________ The elements of crime Legal defenses/legal excuses for criminal conduct Some types and definitions of selected crimes How crime is measured Crime statistics are unreliable The costs of crime The Effects of the Fear of Crime Characteristics of Likelihood of victims of crime Bohn, Robert M. and Haley, Keith N. Introduction to Criminal Justice, (Columbus Ohio: The McGraw-Hill Companies) 2011, Chapter 2