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INTRO TO LAW NOTES

INTRO TO LAW NOTES. Jurisprudence. The study of law. Criminology. The study of crime. Crime . An act punishable by law. Criminal Law. Defines what behavior is criminal and spells out punishments for committing crimes. Why do we need laws and punishments?.

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INTRO TO LAW NOTES

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  1. INTRO TO LAW NOTES

  2. Jurisprudence • The study of law

  3. Criminology • The study of crime

  4. Crime • An act punishable by law

  5. Criminal Law • Defines what behavior is criminal and spells out punishments for committing crimes.

  6. Why do we need laws and punishments? • YouTube - Mpls man caught on tape fleeing into the arms of police

  7. Crimes can be broken down into 2 main categories misdemeanors Felonies

  8. Felonies • Crimes that can send you to prison for a year or more

  9. Types of Felonies • Celebrated Cases • Real Crimes • Ordinary Felonies

  10. Celebrated CasesYouTube - A&E Biography Timothy Mcveigh part 5/5 • Very few fit into this category • Make national headlines • Timothy McVeigh • Martha Stewart • All will go to trial

  11. Real Crimes • Homicide, rape, aggravated assault, and armed robbery • Most of these go to trial also

  12. Ordinary Felonies • Burglaries, thefts, unarmed robberies • No one was hurt

  13. Misdemeanors • Less severe crime than a felony; less than one year in jail • Simple assault, petty theft, shoplifting, and disorderly conduct • Practically none go to trial • Charges either dropped or a plea deal is reached

  14. Plea Bargain • A deal is struck between prosecutor/judge and defendant. • Plead guilty to a lesser charge

  15. Burglary • Unlawful entry of a ‘structure’ to commit a felony or a theft. • “breaking and entering”

  16. Robbery • Taking or attempting to take something of value from another person by use of force, threats or intimidation. • “holdup” • “stickup” (robbery or mugging)

  17. Larceny • Similar to burglary except forcible does not apply (except for cars) • Stealing of cars, whether locked or unlocked, is larceny • Purse snatching, shoplifting, theft of a bicycle, fraud, embezzlement, identity theft, forgery, etc.

  18. Violent Types of Crime White-Collar Crime Crimes against the State Hate Crimes Property Crimes against Public Order

  19. Violent or Personal Crime • Actions that can physically hurt or threaten people. • Most crimes committed are NOT violent crimes

  20. Property Crime • Actions or threats to take, damage, or destroy property

  21. Crimes against Public Order and Morals • Disorderly conduct, public drunkenness, prostitution, drug use, etc.

  22. CRIMES AGAINST THE STATE

  23. Treason Treason • Levying war against the United States

  24. Espionage • Spying

  25. White-Collar Crime • Crimes committed by respected business people • Embezzlement, mortgage fraud, money laundering, etc.

  26. Hate Crimes

  27. FBI is responsible for tracking and investigating hate crimes. • FBI work with local agencies

  28. 2004 statistics

  29. Hate is NOT a crime. Motive for committing a crime is.

  30. How do you determine if something is a hate crime? • It is subjective • Enough evidence to “lead a reasonable and prudent person to conclude that the offender’s actions were motivated in whole, or in part, by his or her bias” • FBI Hate Crime Statistics 2003

  31. If convicted of a hate crime, you will receive a harsher sentence

  32. Do we need hate crime laws? • Isn’t murder a murder? Rape still rape? Does it matter what the motivation is for committing them?

  33. HCPA – Became law October 2009 • Hate Crimes Prevention Act • Matthew Shepard and James Byrd, Jr. • DOJ has jurisdiction • Grants to local communities to investigate and prosecute hate crimes – it’s expensive • Requires FBI to track statistics based on gender and gender identity • YouTube - President Obama Commemorates Enactment of Hate Crimes Prevention Act

  34. YES • Hate crimes impact the entire community and groups protected by hate laws are especially vulnerable to crime • Harsher punishments are needed to send a message.

  35. NO • 1. We don’t need special hate crime laws because aren’t all crimes hate crimes? • 2. Not all vulnerable groups are included in the law – elderly, diseased, etc. Where does it stop? Will it include broad categories like neighborhoods, social classes?

  36. 3. Hate crime laws violate our right to free speech – you can’t punish people for what they believe or what they feel. • 4. It is impossible to prove hate – you can’t see into the human mind. People can easily hide prejudices.

  37. Trends in Crimes • “Murder rates doubled; rape rates quadrupled; robbery and burglary rates quintupled. By the early 1900s nearly 25,000 Americans were being murdered each year. In just two years, more Americans were murdered than were killed in the Vietnam War; in twelve years, more were murdered than died during WWII….Taken together, there was an eightfold increase in rates of murder, robbery, rape, aggravated assault, burglary, and theft reported to the police between the end of WWII and the early 1990s.” • ~Professor Gary Lafree

  38. Boom • From the 1950s-1990s there was a crime BOOM, meaning crime was on the rise.

  39. BUST • In the early 1990s we saw a BUST, which means there was a decrease in crime committed/reported

  40. What are the reasons for the BUST? • Increased Federal Assistance • More federal money for programs • Increased use of federal laws

  41. More state and local agency collaboration • Partnering up with different agencies

  42. Stronger, better prepared local criminal justice agencies • Better staffed, trained, and equipped agencies • Better record-keeping systems (technology)

  43. Federal Agency Improvements • FBI upgrades (fingerprint identification system)

  44. Community Policing • Law enforcement working with local community groups

  45. Fighting Gun Violence • Tougher gun control laws • Background checks • Waiting periods

  46. Sentencing Reform • Moving toward fixed sentences rather than from professional judgments

  47. Imprisonment Changes • More offenders going to prison • Being kept there for longer stays

  48. What do we know about people committing crimes? • 1. Most aren’t violent • 2. 81% are male. • 3. Almost ½ are under the age of 25 • 4. Almost none are over the age of 50 • 5. Over 2/3 are white • 6. Over ½ know their victims

  49. What we know about women and crime • 1. Women commit only 10% of violent crimes • 2. Their criminal careers begin earlier than those of men, they stop sooner, and they return to committing crimes much less frequently than men. • 3. Female crime is increasing

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