Transcript Document
Crime & 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 armed robbery housebreaking kidnapping 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 cannabis 15g cocaine 30g cocaine Constitutes 70% of capital crimes 32 executions annually 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 Unnatural sex (oral sex, sodomy) Indecent Acts Soliciting Living off the immoral earnings of a prostitute Have a break! Video Clip: Child Prostitution Child Sex Crimes In Singapore Consensual sex with a girl under 14 : statutory rape under 16 : sex with a minor Patronising child prostitutes overseas: laws currently under review Singaporeans form the largest group of sex tourists in the Riau Islands Child Sex Crimes Internationally: penalty for patronising child sex prostitutes overseas: 30 countries, including the US, UK and Australia: imprisonment for paedophiles Non-Violent Crimes White Collar Crimes e.g. embezzlement, infringement of copyright laws, insider trading etc Cyber Crime eg. Hacking, phishing online fraud 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 cannot be executed (Source: Speech by Minister for Home Affairs: Mr. Wong Kan Seng, Feb 2004) Property Crimes Crimes against property vs Crimes against a person e.g. Vandalism vs Wife abuse Causes of crime - Biological factors Genetic make-up e.g. XYY genes, too much/too little serotonin etc ? Testosterone ? Issues Personal responsibility? Discrimination? Causes of crime - Psychological causes Types of Mental Illnesses Psychopaths Schizophrenics Kleptomaniacs People suffering from hallucinations Causes of crime Sociological Family parental neglect poor role models dysfunctional families Causes of crime Sociological Peer pressure Teens need to belong to an in-group Causes of crime Sociological Unemployment Poverty Desperation Causes of crime Sociological Social Injustice Wide gap between rich and poor Sense of unfairness Causes of crime - Sociological 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 U.S. Leads Richest Nations In Total Crime Gun Deaths 1/5: Switzerland, 1/5 : US Murders 1/5 : Switzerland, 1/9: US Rapes ½ : Switzerland, 1/10: US BY CHELSEA J. CARTER From 8th UN Survey on Crime Statistics & Singapore Police Force Statistics Singapore: Low Crime Rates Possible reasons Draconian laws: capital punishment, caning, long jail sentences Efficient/incorruptible police force/legal system Strict banning of firearms Strict censorship laws? Meritocratic system with large middle class High levels of education How should society respond to those deemed to have broken the law? WITH PUNISHMENT! PUNISHMENT “inflicted on an offender because of an offence he has committed; it is deliberately imposed, and not just the natural consequence of a person’s actions. The unpleasantness is essential to it, not an accidental accompaniment to some other treatment.” … as observed by Stanley Benn JUSTIFICATIONS OF PUNISHMENT Backward looking Forward looking Retributive Deterrence Rehabilitation Incapacitation RETRIBUTIVE Lax talionis “an eye for an eye”, “a tooth for a tooth” The offender should suffer at least equally to the victim – proportionate punishment Resets the moral balance by punishing the offender Is it just revenge dressed up in nice clothing? Have a break! Video Clip: Execution in North Korea DETERRENCE Works as a disincentive Deters people from committing crimes they would otherwise commit Does it deter those who are chronic/ repeat offenders? Most crimes, are committed on impulse by offenders who rarely calculate the consequences of their actions. (British Crime Survey Research 1998) REHABILITATION Core concept = the criminal being changed in ways that makes him less likely to commit crimes Goal = to change the offender's attitude to what they have done, and make them come to accept that their behaviour was wrong 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) Incapacitation Imprisonment has the effect of confining prisoners, physically preventing them from committing crimes against those outside, i.e. protecting the community Most dangerous criminals may be sentenced to life imprisonment Sexual offenders, eg. serial rapists, may be subjected to castration 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) 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 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 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 vs Punishing kids “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 CAPITAL PUNISHMENT Background: ancient times eg. crucifixion of Christ medieval Europe eg. burning of witches reforms in late 1700s in Europe – movement towards ‘humane’ execution – hanging, lethal injection currently, used for serious crimes eg. murder 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. Philippines, Senegal, Canada, Mexico, Bhutan, Greece) 76 countries retain and use it (From Amnesty International) Methods of execution Electrocution Lethal injection Hanging Shooting Beheading Stoning Have a break! Video Clip: death penalty 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 Arguments for death penalty 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, sounds of cheers came from the jubilant crowd and fireworks lit the sky. 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 Have a break! Video Clip: Death Penalty Mistake Arguments against death penalty Is barbaric – against human rights, statesanctioned murder Does not deter crime – no substantial proof of decreasing crime rates Takes innocent lives – eg. Timothy Evans, prejudice against certain groups Arguments against death penalty Has high costs – cases time-consuming Has no possibility of rehabilitation 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%) JUVENILE DELINQUENCY Definition: Antisocial or criminal acts performed by juveniles Treated separately from other crimes eg. in Singapore, there’s the Juvenile Court JUVENILE DELINQUENCY 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 Punishment options for juveniles 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? Concerns in juvenile cases 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? USE OF SCIENCE Forensic science: The application of science to questions of interest in the legal system (and also archaeology and the social sciences) USE OF SCIENCE Mass media: Sherlock Holmes and, of course, CSI and its offshoots. Many specialities: computer, toxicology, psychiatry, othodontology 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 DNA testing 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 Benefits of DNA testing/science 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 Drawbacks in using DNA testing/science 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 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 PRISONERS’ RIGHTS 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!