UNIT 2: Criminal Law & Juvenile Justice Chapter 7 Crime in America

 A

crime

is the violation of a law established to protect people & maintain an orderly society  People everywhere are affected by crime; however, certain factors such as age, gender, & location influence the likelihood of becoming a victim of crime  Criminals in the U.S. wear many faces, from the teen who steals DVD’s from the electronics store to the career thief planning an armed bank robbery

 Authorities disagree over the causes of crime & what can be done about it  They argue that poverty, unemployment, lack of education, drug & alcohol abuse, & inadequate police protection are to blame  Some people believe that working to end these problems would lead to a decrease in crime rates

 Gangs & gang activity also contribute to the problem of crime  Experts agree that combating the problems of gangs & crime begins with outreach & intervention programs to prevent gang involvement

The Nature of Crimes

 A crime is something that a person does or fails to do that violates the law  The government establishes penalties for such behavior  Crime rates are influenced by many factors, although many people disagree about the causes of crime & the best solutions to the problem

  In recent years, crime on high school & college campuses has become a serious problem  Hate crimes, violent assaults, property crime ○ College Campus Crime Rate Increases [1:48] ○ ○ Violent crimes are up on college campuses in Tennessee [1:01] College Safety – National Campus Safety Awareness Month [3:51] Crime is costly —in addition to the loss of life & property, it costs the government a great amount of money to prevent, investigate, & prosecute crime

 FBI Uniform Crime Reports  Crime Trends, 2011 - 2012  Crime Clock reports the frequency of crimes  Crime Index totals of violent crimes & property crimes

The National Council on Crime & Delinquency recommends alternatives to incarceration as one strategy for reducing crime

 Problem 7.1 – page 75  Problem 7.2 – page 76  Problem 7.3 – page 78  Problem 7.4 – page 80  Problem 7.5 – page 81 “The Case of Weapons at School”

Gangs & Crime

 Gangs are active in towns & cities of all sizes throughout the country  Seattle Hoods  East Tacoma Gang Graffiti  Gangs expose their members & their communities to extreme violence & danger  Many youths join gangs because gangs offer a sense of belonging & an opportunity to earn money  Beyond the Shadows: Crime in Yakima

Most people agree that a promising strategy to discourage gang membership is to provide young people with opportunities & community connections that will offer them a greater sense of belonging

Poverty Domestic Violence

Gang Risk Factors

School Failure Substance Abuse Community Violence Poor Self-Esteem Family Dysfunction Little Adult Participation Problem 7.6 – page 84 First 3 of Accused Crips Gang Members Sentenced

 Prevention, Intervention & Suppression  National Gang Center ○ National Gang Center - Chapter 6  Framework for Delinquency Prevention & Early Intervention (Page 10)  Gang Prevention & Intervention Strategies (Page 11)  Ch. 7 – Analyzing (HO)

Guns & the Law

 Most Americans who own firearms own them legally & use them lawfully  However, guns are often used in violent crimes

Experience in the U.S. Prior to the U.S. Constitution Early English settlers in America viewed the

right to arms

and/or

the right to bear arms militias

and/or

state

as important for one or more of these purposes (in no particular order)       enabling the people to organize a militia system participating in law enforcement deterring tyrannical government repelling invasion suppressing insurrection, allegedly including slave revolts facilitating a natural right of self-defense

The 2

nd

Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

Many people disagree about the government's role in controlling gun ownership

The U.S. Supreme Court

In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest

 In

District of Columbia v. Heller

(2008), the Supreme court handed down a landmark decision that held expressly that the amendment protects an individual right to possess & carry firearms

In

McDonald v. Chicago

(2010), the Court clarified its earlier decisions limiting the amendment's impact to a restriction on the federal government & expressly found that it limits state & local governments to the same extent that it limits the federal government

Despite these decisions, the debate between the 'gun control' & 'gun rights' movements & related organizations continues

Does the Second Amendment protect the right of individuals to own guns?

Or . . .

Does the Second Amendment give the states power to maintain a militia but does not entitle individuals to own guns?

The U.S. Supreme Court has interpreted the Second Amendment to mean that the state has the right to maintain a militia

Understanding the 2 nd Amendment The Supreme Court & The Politics of Gun Control [7:37]

The

Federal Gun Control Act of 1968

is the primary

federal

gun-control law Congress amended this law in 1993 by enacting the

Brady Act

• Established national system to check backgrounds of persons before selling guns to them Gun laws have also been enacted at the state & local levels



For Your Information – page 86

 Problem 7.7 – page 87

 Problem 7.8 – page 88 Law in Action: Child Access Prevention (CAP) Laws

Substance Abuse & Crime

 Abuse of alcohol & drugs (substance abuse) contributes to many social problems & often leads to other criminal activity  Although many adults use alcohol responsibly, alcohol abuse can be very harmful to society  Implied Consent Law : the driver agrees to submit to a BAC test in exchange for the privilege of driving ○ WA – DUI Arrest Information & Advice

Is the best way to handle the drug problem to legalize some or all drugs?

Would legalization allow the government to better regulate drugs & eliminate the problems that are associated with illegal distribution of drugs?

 Problem 7.9 – page 91  Problem 7.10 – page 92 Law in Action: Drug Courts  Offer treatment instead of punishment for individuals who commit crimes & have problems with controlled substances  Problem 7.11 – page 93  Problem 7.12 – page 94 Law in Action: Drugs in the City

Victims of Crime

Every person is at risk to be a victim of crime  However, teens & young adults are more likely than any other age groups to be victims  In 2011, 9,878 people were killed and approximately 315,000 were injured  Each crash, each death, each injury impacts not only the person in the crash, but family, friends, classmates, coworkers and more  Even those who have not been directly touched help pay the $132 billion yearly price tag of drunk driving  But together we can eliminate drunk driving [MADD]

Victim advocacy groups [MADD] work to protect victims by promoting the concerns & rights of victims  Victims are not a party to the criminal case & their rights & needs are too often ignored

 Problem 7.13 – page 96 Figure 7.3: Violent Crime Rates  Law in Action: Victim’s Rights: Megan’s Law as Advocacy  Passed as a result of victim’s advocacy groups  Requires the registration of all convicted sex offenders in a community

 Dateline: To Catch a Predator  FOX News: PA - Local Law  International Megan’s Law Proposal  WA Megan’s Law Website  WA Assoc. of Sheriffs & Police Chiefs – Registered Offenders

 Recidivist (Repeat Offender) Law  Require long sentences —including sentences of life in prison w/o parole —for persons who are repeatedly convicted of the same crime, even relatively minor ones

Preventing & Reporting Crime

 You can help fight crime by learning how to protect yourself  Also, reporting crime can help to prevent others from being victims  There are many organizations & programs that exist to assist victims of crime & prevent future crime

 Law in Action – page 99 Good Samaritan Laws  WA - 911 Good Samaritan Law  Problem 7.14 – page 99

Ex Post Facto

  An

ex post facto law

(from the Latin for "from after the action") or

retroactive law

is a law that retroactively changes the legal consequences (or status) of actions committed or relationships that existed prior to the enactment of the law – In reference to criminal law, it may   criminalize actions that were legal when committed; or aggravate a crime by bringing it into a more severe category than it was in at the time it was committed; or  change or increase the punishment prescribed for a crime, such as by adding new penalties or extending terms; or  alter the rules of evidence in order to make conviction for a crime more likely than it would have been at the time of the action for which a defendant is prosecuted Conversely, a form of

ex post facto

amnesty law may

decriminalize

law commonly known as an certain acts or alleviate possible punishments  Example: replacing the death sentence with lifelong imprisonment) retroactively