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!