Unit 6 - Crime and Social Control

Social Norms

behavioral actions that are commonly displayed within a social group; expectations of how to behave; regulated by law or doctrine

Social Deviancy

behaviors that are statistically rare or actions that are considered inappropriate

Social Contract

the implicit agreement among members of a society to limit some of their individual freedoms and liberties in exchange for equal protection under the law

Criminal Justice

the level of being fair, equitable, and morally righteous when resolving disputes / punishment

Vigilante Justice

actions by an individual or group who attempt to enforce the law but lack legal authority to do so

Laws

agreed upon system of rules and public policy; established by government

Civil Law

settling disputes between people vs people or organizations; defendant sued by a plaintiff for a wrong-doing

Restitution

compensation, usually financially, if a plaintiff wins

Criminal Law

prosecutes violators of the law; defendant prosecuted by the government

Crime

An act or failure to act that violates the law and is enforced by government penalty

Crime of Omission

failure to perform an action required by criminal law

Misdemeanors

• crimes less serious

• typically punished by

  • fines

  • community service

  • court-ordered rehabilitation

  • incarceration of up to 1 year (jails)

Felonies

• serious criminal offense

• typically punished by

  • high fines

  • incarceration (prisons) > 1 year

Aggravation

• circumstances or factors that increase the severity of the criminal action

• premeditation

• deliberation (malice)

• use of a weapon

• severe damages to person / property

• age of victim

Mitigation

• circumstances and factors that decrease the severity of a crime and it’s punishment

• age of perpetrator

• mental / intellectual disability

• evidence of guilt

• criminal intent

Inchoate Crimes

crimes committed in preparation for committing another, more serious crimes

Aiding

accessory before or after the fact of the crime; actively assisting someone to commit a crime; harboring a perpetrator

Abetting

encouraging criminal action without participation

Criminal Solicitation

offering money or compensation to someone to commit a crime

Criminal Attempt

attempt to commit a crime that failed

Conspiracy

agreement of the 2+ people with the intent to commit a crime

Inculpatory Evidence

evidence that shows guilt

Exculpatory Evidence

evidence that shows innocence

Circumstantial Evidence

indirect evidence that requires inference

Person of Interest

anyone who might have important information

Suspect

anyone who authorities believe are involved in the crime

Perpetrator

person who actually committed the crime

Material Witness

a person who can provide evidence and testimony that is significant to the outcome

Character Witness

person who attest to another’s moral conduct and good reputation

Alibi

person who can testify to the whereabouts of a criminal defendant to not be at the crime scene

Accessory

knowingly participating in the planning of a crime before and after

Accomplice

person who was involved and assists knowingly the perpetrator at the scene of a crime

Criminal Intent

the state of mind of the perpetrator; was the crime intentional?

Criminal Motive

reason for committing a crime; typically part of the basis of conviction

Modus Operandi

patterns of criminal behavior;

Violent Crimes

crimes in which a perpetrator uses physical force upon a victim

Weapon

any instrument used in attack or defense with the intent to inflict damage or harm

Hate Crime

A crime motivated by prejudice on the basis of race, religion, sexual orientation, or other discrimination

Homicide

subcategory of violent crimes involving wrongful

1st Degree Murder

violent action with intent to kill; premeditation and malice

Premeditation

the act of planning or thinking about a crime before it is committed

Malice

The mental state and intent to kill

2nd Degree Murder

Intentional killing without planning; killing done with malice but without premeditation (having the moment to kill with the intention)

Voluntary Manslaughter (3rd Degree Murder)

No premeditation, not aggravated, but with the intent to hurt or injure, but not intent to kill

Involuntary Manslaughter (Negligent Homicide)

no malice / premeditation; accidental death from careless / reckless behavior

Criminal Negligence

causing unintentional harm by lack of care

Abduction (Kidnapping)

taking a person from one location to another against their will; if person is taken across state lines, it becomes a federal crime

Unlawful Imprisonment

confining a person against their will and in violation of the law

Criminal Harassment

intentionally targeting someone with behavior that is meant to alarm, annoy, intimidate, torment, terrorize

Stalking

Unwanted and or surveillance by an individual or group towards another person

Assault

an attempt or threat to injure another person

Battery

the intentional touching of another person in an aggressive manner or intentional use of violence / false

Crimes Against Property

category of crime in which the offender uses illegal means to obtain money or property

Criminal Concealment

deliberately concealing the possession of merchandise while in the store

Petty Larceny (theft)

Misdemeanor; stealing merchandise with a value of < $1k

Grand Larceny

Felony; stealing merchandise > $1k

Extortion (Blackmail)

use of threats to obtain property and or flaw; property and personal crime

Burglary (Breaking and Entering)

unauthorized entry in a structure / premises to steal property

Robbery

unlawful taking of property from a persons immediate possession by use of force / intimidation

Vandalism

Misdemeanor; deliberate damage to public / private property with value < $500

Destruction of Property

Felony; purposeful destruction of grounds but > $500

Arson

the criminal act of deliberately setting fire to property

White Collar Crime

financially motivated, nonviolent crimes committed by corporate employees, businesses, gov professionals (non-violent)

Fraud

most common of all financial crimes; wrongful criminal deception intended to result in financial or personal gain

Counterfeiting

illegal production of federal money and currency

Forgery

action of illegally producing a copy of a document, signature, bank role, or work of art

Uttering

using fraudulent documents to illegally gain money; writing bad checks

Embezzlement

theft or misappropriation of funds placed in ones trust or belonging to ones employer

Money Laundering

concealment of the origins of illegally obtained money typically by means of transfers involving foreign banks or business

Social Control

various methods employed by a society to regulate a population, protect law and order, administer justice, and punish violators of the law

Ostracism

punishment for a crime by the external removal from a society

• exile

• banishment

• deportation

Corporal Punishment

punishment for crime by deliberate infliction of physical pain for retribution, discipline, and/or reform

• canning / flogging

• torture devices

• whipping

Incarceration

punishment for a crime by removal from society via internal detention

• jails, prisons, etc.

Juvenile Correction

institutions for underage offenders (10-21); incarceration for short term sentences and long term sentences; if a minor is convicted as an adult offender, remains in jail until the age of 21

Jails

Short sentences intended for temporary detainment; used as holding cell

Prisons

State / federal penitentiaries designed for long term sentences

Retribution

punishing criminals for actions

Deterrence

prevention of future crimes

Philosophical Purposes of Prisons

• Retribution

• Deterrence

• Rehabilitation

• Protection

Most Common Crimes in the US

1. Larceny

2. Burglary

3. Grand Theft Auto

4. Aggravated Assault & Battery

5. Robbery

Recidivism

rate of repeat offenders; inmates who are rleased from prison continue to violate laws and are sent back to prison

Reasons for American Recidivism

• prisons overcrowding

• lack of inmate corrections

• inadequate drug rehabilitation

• poor education / job training programs

• limited counseling

• institutionalization

• brutality of prison culture

• cyclical poverty

Probation

court ordered supervision that can be used to delay prison

Parole

court ordered supervision with special requirements following release from prison

8th Amendment

• no cruel and unusual punishments

• protection of excessive fines and bonds

• punishment appropriate to the crime

Capital Punishment Origins

• original capital crimes → murder, treason, espionage, aggravated kidnapping, horse theft

• original method of execution → hanging, firing squad

Death Row

originally designed as a prison’s death house, where inmates were to be detained until execution; now it’s the length of time between conviction and execution

Louisiana vs Resweber

supreme court ruled it isn’t unconstitutional to readminister a failed execution; botched executions dissolved popular support of capital punishment

Furman vs Georgia

all states had to stall all pending executions until a more humane execution method was found

Gregg vs Georgia

left death penalty up to the states and condemned chose the method of execution

Atkins vs Virginia

said intellectually disable cannot be executed

Roper vs Simmons

execution of those who were a minor during the committing of the crime is unconstitutional

2nd Amendment

The right of the people to keep and bear arms

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National Firearms Act of 1934

restricted access to firearms like machine guns, short-barreled rifles and shotguns, silencers, and destructive devices

Gun Control Act of 1968

said guns can only be purchased through liscensed vendors; convicted felons can’t obtain a gun

The Brady Bill

maintained a 5 day waiting period to purchase a gun; required FBI criminal background checks that were later removed

Federal Assault Weapon Ban

banned the sale of semi automatic weapons, large capacity ammo feeding devices; banned the sale of assault weapons

Assault Weapons

weapons designed for military purposes

DC vs Heller

the protections of the 2nd amendment extend beyond the organization of a militia to include the right of self defense