Transcript Document

Crime and Punishment

What constitutes a crime?

 Not merely acts which are

socially deviant

 Not merely acts which are

immoral

Is

Prostitution

a crime?

Are these crimes?

 Unknowingly

entering

/overstaying in

Singapore without legal documents Unknowingly

renting

out a room/premises to a person entering Singapore illegally

Definition of crime

 Against the

law

 A wrongdoing classified by the

state

as such

Types of Crime

 

Serious crimes / felonies

murder rape robbery housebreaking kidnapping Heinuous crimes

Capital Crimes

In Singapore,     

murder kidnapping possession of drugs possession of firearms treason

Trial held in the high court /supreme court

Murder First degree (a capital crime): 

Intentional/wilful

Premeditated

Second Degree /

Manslaughter

 Unplanned  Committed

in the heat of the moment

(e.g. crimes of passion)

Drug Trafficking

In Singapore Capital Offences: Possession of 

15g

heroin  

500g 30g

cannabis cocaine   Constitutes

70%

of capital crimes

32

executions annually 15g cocaine

Serious offences (mandatory caning) More than 30-40 crimes, including  Rape & statutory rape  Molest      Vandalism Illegal entry into /overstaying in Singapore Attempted murder Armed robbery Drug trafficking  

Repeat drug offenders Repeat drunk driving

Non-Serious Crimes

Offences/

Misdemeanors

    Parking offences Shoplifting Vagrancy Begging

Grey Areas

Are these crimes?

Prostitution

    

Oral Sex Abortion/Euthanasia Cloning of humans

Suicide is a

crime

in Singapore punishable by

imprisonment

Knowingly/unknowingly passing on the

Aids virus

through unprotected sex

Other Ways of Classifying Crime

Sex Crimes

 Rape  Statutory Rape     Molest Outrage of Modesty Possession of Pornographic Materials Public Nudity    Indecent Acts Soliciting Living off the immoral earnings of a prostitute

Child Sex Crimes

   In Singapore Consensual sex with a girl under 14 :

statutory rape

under 16 :

minor sex with a

Patronising

prostitutes child

overseas: no penalty Singaporeans form the largest group of sex tourists in the Riau Islands

Child Sex Crimes

 Internationally: penalty for patronising child sex prostitutes overseas: 

30

the countries, including

US, UK Australia: imprisonment

paedophiles and for

Non-Violent Crimes

 White Collar Crimes e.g.

embezzlement

, infringement of

copyright

laws, insider trading etc 

Cyber Crime

Internet crimes

Juvenile

Crime In Singapore, 2003,  Youths:

20%

of all offenders  Main crimes:

shoplifting

, other forms of

theft

&

rioting 70%

of young offenders:males  Under

14

, not charged but sent for

reformation

 Offenders under

16

cannot be caned.

 Offenders under

18

(Source: Speech by Minister for Home Affairs: Mr. Wong Kan Seng, Feb 2004) cannot be executed

Property Crimes

    Crimes against property vs Crimes against a person e.g.

Vandalism vs Wife abuse

Causes of Crime

 Who did it?

Biological factors 

Genetic make-up e.g. XYY genes, too much/too little serotonin etc ?

Testosterone ?

Issues   Personal responsibility?

Discrimination?

Mental illness

Types  Psychopaths  Schizophrenics  Kleptomaniacs  People suffering from hallucinations

Family Upbringing 

parental neglect

poor role models

dysfunctional families

Peer pressure

 Teens need to belong to an in-group

Unemployment

  Poverty Desperation

Social Injustice 

Wide gap between rich and poor

Sense of unfairness

Mass Media

Copycat

crime e.g. violent movie:

Child’s Play

and case of James Bulger 

Glorification

of violence: Glamorous bad guys    Absence of /lenient punishment Violence seen as part of

everyday life

Values:

materialism

, women as

sex objects

Crime Rates in Singapore

 2002: per 100,000 Total Crime 1/5: Switzerland, 1/5 : US 

Murders

1/5 : Switzerland, 1/9: US  Rapes ½ : Switzerland,

1/10

: US From 8 th UN Survey on Crime Statistics & Singapore Police Force Statistics

U.S. Leads Richest Nations In Gun Deaths BY CHELSEA J. CARTER

Singapore: Low Crime Rates

Possible reasons 

Draconian

laws: capital punishment, caning, long jail sentences     

Efficient/incorruptible

system Strict banning of

firearms

Strict

censorship

police force/legal

Meritocratic

laws? system with large High levels of

education middle

class

How should society respond to those legitimately determined to have broken the law

?

WITH PUNISHMENT!

PUNISHMENT

 “inflicted on an offence he offender has because of an committed; it is deliberately imposed The unpleasantness other treatment.” , and not just the natural consequence of a person’s actions.

is essential to it, not an accidental accompaniment to some … as observed by Stanley Benn

JUSTIFICATIONS OF PUNISHMENT

Backward looking

Retributive

Forward looking

Deterrence Rehabilitation Reconciliation

RETRIBUTIVE

   Lax talionis for a tooth” “an eye for an eye”, “a tooth The offender should suffer at least equally to the victim Resets the moral balance by punishing the offender

Is it just revenge dressed up in nice clothing?

DETERRENCE

 Works as a disincentive  Deters people from committing crimes they would otherwise commit  Does it deter those who are worst criminals?

Most crimes, are committed on impulse by offenders who rarely calculate the consequences of their actions.

(British Crime Survey Research 1998)

REHABILITATION/ RECONCILIATION  Core concept = the criminal being changed in ways that makes him less likely to commit crimes  A matter of making the criminal a morally better person?

More than 70% of young offenders are reconvicted within two years of release.

(British Crime Survey Research 1998)

PUNISHMENT

6. Debates surrounding corporal/capital punishment and stereotyped punishment.

Psychology of crime Classes of criminals 1. Punishment the individuals wronged left to or their families 5. Retributive -Protective Reformative 2. Proportionate punishment 4. The State took over the primitive function and provided the machinery of justice for the maintenance of public order 3. Punishment by individuals under the control of the state or community

TYPES OF PUNISHMENT

Corporal Punishment Capital/ Death penalty Privative

“Execution…not because it holds life in low regard but precisely because it holds the lives of those that the murderer dispatched in such high regard…” John Stuart Mill

METHODS OF PUNISHMENT

 Custodial sentence  Fine  Alternative sanctions (community service or training orders)  Supplementary sanctions (disqualification from driving)

LIMITS OF PUNISHMENT

      Public notice of offences Authority to punish Guilt Reasonable certitude Proportionality Not “cruel and unusual”

ALTERNATIVES TO PUNISHMENT

Retribution Restorative

 Restorative- focuses on repairing the harm  Reparation -Enforcing efforts at making amends for the offence -The offender works to make amends for the offence he has committed -specific rather than abstract restitution

ALTERNATIVES TO PUNISHMENT  Rehabilitation -treatment programmes/ counselling -the offender is being changed in ways that makes him less likely to commit crimes -conferencing  Probation and after-care service

 

ISSUES OF PUNISHMENT

Punishment of the young Chronic offenders  Privatisation punishment of   Hard time technology and stun Race and punishment

THE DISTURBING PICTURE

      2.1 million Americans in prisons and jails 3700 Americans currently on death row 98 executed in USA in year 2000 Appropriate punishment for white-collar crimes/ serious corporate crime Punishing parents for punishing “getting tough” vs. “softening hearts”

SOME ISSUES

IN CRIME & PUNISHMENT

CAPITAL PUNISHMENT

  

Otherwise known as the death penalty Definition: the lawful infliction of death as punishment Background: ancient times eg. cruicifixion of Christ medieval Europe eg. burning of witches

Overview of death penalty in

   

2004

3,797 prisoners were executed in 25 countries 97% of all known executions took place in China (3,400), Iran, Vietnam and USA 120 countries have abolished the death penalty in law or practice (recent egs. Senegal, Canada, Mexico, Bhutan, Greece) 76 countries retain and use it (From Amnesty International)

Methods of execution

     

Electrocution Lethal injection Hanging Shooting Beheading Stoning

Arguments for death penalty

    

Deter perpetrators – would-be murderers fear being caught Protect society - convicted murderers prevented from killing again Provide justice for victim – a life for a life Is state’s responsibility – to preserve order, to right wrong Is more humane than alternatives – life imprisonment is a “living tomb”

Arguments for death penalty

“Following the prison spokesman's announcement that Ted (Bundy) was officially dead, sky sounds of cheers came from the jubilant crowd and fireworks lit the . Shortly thereafter, a white hearse emerged from the prison gates with the remains of one of the countries most notorious serial killers. As the vehicle moved towards the crematorium, the surrounding crowd cheerfully applauded the end of a living nightmare .”

From www.crimelibrary.com

Arguments against death

    

penalty

Is barbaric – against human rights, base vengeance, state-sanctioned murder Does not deter crime – no substantial proof of decreasing crime rates Takes innocent lives – eg. Timothy Evans, prejudice against certain groups Has high costs – cases time-consuming Has no possibility of rehabilitation – extenuating circumstances

Death penalty in Singapore

  

According to UN, Singapore has the highest execution rate per capita of 13.57 executions per 1 million people (1994 to 1999) Hanging for murderers, kidnappers, drug traffickers (>15g heroin, >30g morphine/cocaine, >500g cannabis) Majority of executions were for drug offences estimated 70%)

USE OF SCIENCE

   

Forensic science: sciences) The application of science to questions of interest in the legal system (and also archaeology and the social History: Early example is the “Eureka” legend of Archimedes Mass media: and, of course, CSI and its offshoots.

Sherlock Holmes Many specialities: computer, toxicology, psychiatry,

DNA testing

  

Also known as genetic fingerprinting or DNA profiling Definition: Techniques used to distinguish between individuals of the same species using only samples of their DNA Process: extract DNA from cells in samples, cut DNA into fragments, treated to make a film with a visible pattern of bands or markers

Benefits of DNA testing/science

    

Useful for identification of missing persons/ victims, and crime investigation DNA can be extracted from almost anything Highly sensitive eg. only need a single hair Unambiguous, factual, objective Has acquitted innocent suspects and exonerated wrongfully imprisoned convicts

Drawbacks in using DNA testing/science     

Just another piece of evidence, need to use with other evidence and consider circumstances Forensic evidence can be planted or faked Depends on the criteria used/ level of technology eg. how many bands or markers to use in DNA fingerprinting Can wrongfully convict an innocent person Can infringe on civil liberties

JUVENILE DELINQUENCY

  

Definition: Antisocial or criminal acts performed by juveniles Treated separately from other crimes eg. in Singapore, there’s the Juvenile Court Rationale for punishment includes: rehabilitating and reforming removing from undesirable surroundings promoting his/her welfare

Punishment options for

       

juveniles

Commit offender to care of relative/ fit person Offender’s Parent/ Guardian to execute a bond Community service order Probation order Detention/ Weekend detention Approved school order Reformative Training Centre Payment of fine, damages, costs

Concerns in juvenile cases

   

Balancing juvenile’s welfare and compensating victim/ victim’s family Who should be held responsible – juvenile, parents, society?

Age definition of a juvenile – in Singapore, it is a child under 14 or a young person below 16 In very serious crimes such as murder, should there be harsher punishments ie. should juveniles be treated as adults

The murder of James Bulger (1993)   

Jon Venables and Robert Thompson were tried as adults even though they were 10-year olds.

Controversially released in 2001 following European Court on Human Rights ruling Was justice served?

PRISONERS’ RIGHTS

  

Part of human rights and civil liberties Includes prison conditions, rights to medical treatment, protection from assault, legal representation and rights of privacy Balance between prisoners’ rights and rights of their victims/ victims’ families/ public safety eg. keeping identity and new locations of released criminals secret

Rodney King, eg of police brutality   

Videotaped being beaten by LAPD officers in 1991.

Officers were charged but acquitted in 1992, verdict triggered massive rioting in LA Subsequently officers charged with violating King’s civil rights

THE END

Thank goodness!