CRIMINOLOGY TODAY Chapters 10 -12
Chapter 10: Crimes Against Persons • This chapter discusses violent criminal offending by focusing on homicide, rape, robbery, assault, workplace violence, and stalking. • These offenses have long been classified as violent because they involve interpersonal harm or threat of harm.
Crime Typology • A classification of crimes along a particular dimension, such as legal categories, offender motivation, victim behavior, or the characteristics of individual offenders. • Crime typologies are designed primarily to simplify social reality by identifying homogeneous groups of crime behaviors that re different from other clusters of crime behaviors.
Homicide • From Chapter 2, homicide is .1% of all crime, 23% involve strangers, 16% occur during commission of another felony. • Structural Explanations for Homicide – the South has a long history of high homicide rates. Subcultural theorists have proposed that the high rate of violent crime in the South reflects adherence to a set of violence-related norms that were generally accepted in earlier times but that have since become outdated in other regions. • No clear explanation of why, but stats show more frequency of homicides in the South.
Definitions • Primary homicide – murder involving family members, friends and acquaintances • Expressive crime – a criminal offense that results from acts of interpersonal hostility, such as jealousy, revenge, romantic triangles, and quarrels. • Nonprimary homicide – murder that involves victims and offenders who have no prior relationship and that usually occurs during the course of another crime, such as robbery. • Instrumental crime – a goal-directed offense that involves some degree of planning by the offender.
Homicide • Poverty is a stronger predictor of family homicide, and population size is more important in explaining stranger homicide. • Exposure-reduction theory – a theory of intimate homicide that claims that a decline in domesticity, accompanied by an improvement in the economic status of women and a growth in domestic violence resources, explains observed decreases in intimate-partner homicide. • Why do you think that is?
Homicide • Sibling offense – an offense or incident that culminates in homicide. The offense or incident may be a crime, such as robbery, or an incident that meets a less stringent criminal definition, such as a lover’s quarrel involving assault or battery. • Victim precipitation – contributions made by the victim to the criminal event, especially those that led to its initiation. – Concept seems to blame the victim. • Most victims of spousal homicide had been drinking at the time of the incident. There is a significant association between alcohol and victim-precipitated homicides.
Weapon Use • When guns are used robberies, the fatality rate is “three times as high as for robberies with knives and 10 times as high as for robberies with other weapons.” • The ease of availability of guns is important, but recommendation is “rather than a general effort to get guns off the streets, a more focused effort can be directed at prohibiting guns in particularly dangerous locations such as homes with histories of domestic violence, bars with histories of drunken brawls, parks in which gang fights tend to break out, and schools in which teachers and students have been assaulted.”
The BTK Killer • Dennis Rader • “Blind, Torture and Kill his victims” BTK • 10 murders – Wichita KS over 3 decades • Plead – received 10 life sentences consecutive
Alcohol and Drug Use • Drugs and violent offenders • 1) psychopharmacological model – use of drugs produces violent behavior • 2) Economic compulsion – committed to support a habit • 3) Systemic violence – drug wars to robbery of drug dealers • Selective disinhibition – a loss of self-control due to the characteristics of social setting, drugs or alcohol, or a combination of both.
Gangs • Gang homicides were more likely to involve minority males, to make use of guns, to occur in public places, and to involve victims and offenders with no prior relationship.
Serial Murder • Serial murder – criminal homicide that involves the killing of several victims in three or more separate events. • 10 myths, page 392 • Estimates 100 murders year result of serial killings • Serial killings more likely to involve strangers (males) and rarely involves use of guns • Sexual sadism is strong pattern (male) • Female – disciple killer – Charles Manson • VICAP – Violent Criminal Apprehension Program – FBI focus on serial murder investigation – record keeping, patterns, offender profiling
Mass Murder • The illegal killing of four or more victims at one location within one event • 1995 Oklahoma City bombing – 168 killed • 4 motive categories – revenge, love, profit and terror • Revenge represent largest category • Mass murderers often select targets that have some significance for them, such as workers at a site of former employer. • Easy to apprehend, because rarely leave scene or commit suicide after killings.
Rape • Violence Against Women Act (VAWA) – a federal law enacted as a component of the 1994 Violent Crime Control and Law Enforcement Act and intended to address concerns about violence against women. The law focused on improving the interstate enforcement of protection orders, providing effective training for court personnel involved with women’s issues, improving the training and collaboration of police and prosecutors with victim service providers, strengthening law enforcement efforts to reduce violence against women, and increasing services to victims of violence. VAWA was reauthorized by Congress in 2000 and 2005.
Rape • 92,455 completed or attempted rapes in 2006, but NCVS says 198,455 in 2006 – 2 rapes per 1,000 residents • 17.6% of women reported a completed or attempted rape during their lifetime • Rape myth – a false assumption about rape that characterize much of the discourse surrounding sexual violence. • Common law rape – carnal knowledge of a woman not one’s wife by force or against her will. • Karla Homolka – page 398 and 399
Karla Leanne Homoka • Karla Leanne Homolka, also known as Karla Leanne Teale, (born May 4, 1970 in Port Credit, Ontario, Canada), is a Canadian serial killer who attracted worldwide media attention when she was convicted of manslaughter in the rape-murders of two teenaged girls; her husband, Paul Bernardo, was convicted of their murders and admitted having raped numerous women. • Homolka and Bernardo also were responsible for the rape and death of her sister Tammy. In return for her confession and testimony against her husband, she was given a plea bargain whereby she escaped the maximum penalty for her crimes. She pleaded guilty to manslaughter and served 12 years in prison. She now lives in an undisclosed location in the Antilles with her son.
Rape Law Reform • Redefining rape and replacing the single crime of rape with a series of graded offenses defined by the presence of absence of aggravating conditions • Changing the consent standard by eliminating the requirement that the victim physically resist the attacker • Eliminating the requirement that the victim’s testimony be corroborated • Placing restrictions on the introduction of evidence of victim’s prior sexual conduct • Rape shield law – a statute providing for the protection of rape victims by ensuring that the defendants do not introduce irrelevant facts about the victim’s sexual history into evidence.
Alabama’s Rape Shield Law • § 12-21-203. Admissibility of evidence relating to past sexual behavior of complaining witness in prosecutions for criminal sexual conduct. • (a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: • (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this section. • (2) CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge. • (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards. • (b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness, as defined in subsection (a) of this section, shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or of other witnesses, except as otherwise provided in this section. • (c) In any prosecution for criminal sexual conduct, evidence relating to the past sexual behavior of the complaining witness shall be introduced if the court, following the procedure described in subsection (d) of this section, finds that such past sexual behavior directly involved the participation of the accused. • (d) The procedure for introducing evidence, as described in subsection (c) of this section, shall be as follows: • (1) At the time the defense shall seek to introduce evidence which would be covered by subsection (c) of this section, the defense shall notify the court of such intent, whereupon the court shall conduct an in camera hearing to examine into the defendant's offer of proof. All in camera proceedings shall be included in their entirety in the transcript and record of the trial and case; • (2) At the conclusion of the hearing, if the court finds that any of the evidence introduced at the hearing is admissible under subsection (b) of this section, the court shall by order state what evidence may be introduced by the defense at the trial of the case and in what manner the evidence may be introduced; and • (3) The defense may then introduce evidence pursuant to the order of the court.
Rape • Acquaintance Rape – rape characterized by a prior social, though not necessarily intimate or familial, relationship between the victim and the perpetrator. • Rape among college students – high incidence of rape. 20% of women reported. 28% of women reported having experienced rape or attempted rape since age of 14. Fraternities? • Spousal rape – the rape of one spouse by the other. The term usually refers to the rape of a woman by her husband. What do you think? • Rape in prison – no societal outrage – study Neb. 22% sexually assaulted. • Page 408 – Exotic Dancer Claims Rape - ?
Child Sexual Abuse (CSA) • A term encompassing a variety of criminal and civil offenses in which an adult engages in sexual activity with a minor, exploits a minor for purposes of sexual gratification, or exploits a minor sexually for purpose of profit. • Registered sex offenders by state – p. 413 • Alabama - http://community.dps.alabama.gov/
Robbery • Robbery is classified as a violent crime because it involves the threat or use of force. It is, however, also a property crime in that the express purpose of robbery is to take the property of another. • Personal robbery – occurs on the highway or street or in a public place (mugging) and robbery that occurs in residences. • Targets – appear more or less attractive targets based on their perceived vulnerability and the social context of the surrounding neighborhood in which they are found. • Institutional robbery – occurs in commercial settings, such as convenience stores, gas stations, and banks.
Robbery • Lethal Potential – robbery carries the threat of injury to the victim – and too often lethal injury. Reported injuries in 1 in every 3 robberies. • Robbery and transportation – page 418 – cabs – big target – preventive measures - and subways.
Motivation of Robbers • Most robberies or both people and places involve very little planning on the part of the offender. • Fast cash was the direct need that robbery satisfies. • Economic motivation behind robbery should not be interpreted as “genuine financial hardship” but, rather, as a constant, ongoing crisis situation experienced as a result of the logic of the street context of robbers daily lives. • Alternatives of borrowing or performing legitimate work are not viable options for them to obtain money.
Drug Robberies • Unreported – drug dealers – victimized with relative impunity – targeted because of cash and drugs. • Always possibility of violent retaliation.
Robbery - Gender p. 422 • Women robbery – 11% • Significant differences with men – men target men – men use a gun. Women may use other tactics to rob.
Assault • Prototype of violent crime – most common • Starting point for serious offenses • Represent potentially lethal violence • Spontaneous – triggered by altercation or argument • Majority are simple assaults reported rather than aggravated (weapon) • Weapons are present in less than ¼ of assaults • The majority of assaults involve victims and offenders who are known to each other, quite often and familial or an intimate relationship.
Family Violence • 51% of violent crimes involved victims and offenders who were related - 94% assaults • Family – fists, hands and knives more common than guns • Women more likely victims
Assault • Intimate-partner assault – a gender-neutral term used to characterize behavior that takes place between individuals involved in an intimate relationship. • Most all heterosexual and most all victims are women. • Separation assault – violence inflicted by partners on significant others who attempt to leave an intimate relationship.
Cycle of Violence • In rural communities – relative geographic isolation of most families makes it easy for men who batter their wives to also control their movement and everyday activities. • In 18% of cases, women reported that male partner used violence to prevent leaving, and in 22% violence used to get back her for leaving. • 12% of cases men used violence in response to women’s legal action
Alabama DV Law - History • Alabama passed Act 00-266 on Domestic Violence on July 1, 2000 • Alabama became the 26th state to name domestic violence as a separate crime in the criminal code • The law defines misdemeanor and felony domestic violence crimes, creates mandatory minimum sentences for those arrested repeatedly, and directs police officers to look for indications of a primary aggressor in assessing complaints.
DV 3rd • Commits: Assualt 3rd, Menacing, Reckless Endangerment, Criminal Coercion, or Harassment • Victim: current or former spouse, parent, child, any person whom the defendant has a child in common, present or former household member, person who has or had a dating or engagement relationship • Class A Misdemeanor • 2nd or subsequent conviction – mandatory 48 hours in jail - 96 hours if PO violation
DV 2nd • Commits: crime of assault 2nd degree • Victim: current or former spouse, parent, child, any person whom the defendant has a child in common, present or former household member, person who has or had a dating or engagement relationship • Class B Felony • Minimum 6 months if second, etc. conviction
DV 1st • Commits: Assault 1st Degree • Victim: current or former spouse, parent, child, any person whom the defendant has a child in common, present or former household member, person who has or had a dating or engagement relationship • Class A Felony • Minimum 1 year for second, etc. conviction
Arrest Without Warrant • Generally, unless it is a crime committed in presence of officer, must arrest with warrant • Statue for DV – Section 13A-6-133 • Allows arrest without warrant for DV 1st, 2nd or 3rd
Primary Aggressor: 13A-6-134 • Law enforcement receives complaint from 2 or more opposing persons • Evaluate each separately to determine primary aggressor • If determines just one is PA, don’t have to arrest other alleged for DV
Consideration for PA • 1) Prior complaints of DV • 2) Relative severity of the injuries inflicted on each person • 3) Likelihood of future injury to each person • 4) Whether one of the persons acted in self-defense
(b) caution • A law enforcement officer shall not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage the request for intervention by law enforcement by any party or base the decision to arrest or not to arrest on either of the following: • 1) The specific consent or request of the victim • 2) The officer’s perception of the willingness of a victim of or witness to the domestic violence to testify or otherwise participate in a judicial proceeding.
Appropriate? • If I have to come out there, everyone is going to jail! • If you won’t testify against him, then I am not going to arrest him! • Officer, she doesn’t have a mark on her, and look what she did to me, I demand that you arrest her!
Workplace Violence • Recognized as a specific category of violent crime that calls for distinct responses from employers, law enforcement and community. • Workplace violence includes murder, rape, robbery, and assault committed against persons who are at work or on duty. • Accounts for 18% of all violent crime in U.S. • Highest % - taxi drivers, late night retail or gas station clerks, other night workers, work in isolated or dangerous neighborhoods, and those who carry or have access to cash.
Stalking • A course of conduct directed at a specific person that involves repeated visual or physical proximity; nonconsensual communication; verbal, written, or implied threats; or a combination thereof that would cause a reasonable person fear. • All states and federal government have antistalking laws.
Alabama – Stalking Statute • § 13A-6-90. Stalking. • (a) A person who intentionally and repeatedly follows or harasses another person and who makes a credible threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking. • (b) The crime of stalking is a Class C felony. • § 13A-6-91. Aggravated stalking. • (a) A person who violates the provisions of Section 13A-6-90(a) and whose conduct in doing so also violates any court order or injunction is guilty of the crime of aggravated stalking. • (b) The crime of aggravated stalking is a Class B felony.
Cyberstalking • An array of high-technology related activities in which an offender may engage to harass or “follow” individuals, including e-mail and the Internet.
CHAPTER 11: CRIMES AGAINST PROPERTY • Professional criminal – a criminal offender who makes a living from criminal pursuits, is recognized by other offenders as professional, and engages in offending that is planned and calculated. • Persistent thief – one who continues in common-law property crimes despite no better than an ordinary level of success • Offense specialization – a preference for engaging in a certain type of offense to the exclusion of others. • Occasional offender – a criminal offender whose offending patterns are guided primarily by opportunity.
Criminal Careers • Criminal behavior is an integrated, dynamic structure of sequential unlawful acts that advances within a wider context of causal and correlative influences, including among others, those of biological, psychological and informal social and formal criminal justice origins. • Three phases – • Break-in • Stable period • Burnout • Careers of violent offenders are comparatively short – 1.58 years • Frank W. Abagnale, Jr. – Catch me if you can. Page 446-and 447
Larceny-Theft • The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another • Crime of opportunity • Most frequently occurring offense • Largest – motor vehicles, shoplifting, theft from building • ¼ of all stolen – jewelry, camera equipment • Items taken from vehicles is 13% of all items stolen
Theft • College Campuses – purses and wallets 22%, 14% bicycles, 10% audiovisual and office equipment. • Motor vehicle theft – includes motorcycles and snowmobiles. Vehicles – status symbols – people miss work due to stolen vehicle • High density area – parking lots higher risks • 81% reported – 62% recovered • Honda Accords and Toyota Camrys – most stolen • Car parts – Motor Vehicle Theft Law Enforcement Act • Joyriding – definition • Jockey - definition
Shoplifting and Employee Theft • Shoplifting costs retailers $33.6 billion • 47% of loss from employee theft vs. 32% from shoplifting • Balance shoplifting with impact on sales • Juveniles do most shoplifting • Shoplifting is gateway offense – definition p. 454 • Boosters – • Snitches -
Burglary • Highly prevalent crime – 72% households at least once in lifetime • More occur during the day – no one at home • The invasion of one’s home produces a level of fear and apprehension beyond the dollar loss of the property taken.
State vs. Burton Milline • Burton Milline Found Guilty of Burglary & Theft of Property • Burton Lopatrice Milline a/k/a Burtrun L. Milline, 30, of Daleville, Alabama was found guilty this past week by a Dale County Jury of Burglary 3rd and Theft of Property 2nd. Milline who has seven prior felony convictions began running from Daleville Police in August when they tried to question him on felony child abuse allegations. Milline broke into an apartment located near the A.M. Windham Elementary School in Daleville. The apartment tenant was out of town at the time when Milline busted in the door to gain entry. Milline preceeded to ransack the apartment (including vomiting and leaving feces) stealing several items including a 38 pistol. Milline was later picked up by Florida authorities and waived extradition back to Daleville. The lead investigator for the Wiregrass Drug and Violent Crimes Task Force, Lt. Willie Powell, testified about the Burglary and the evidence pointing to Milline. Lt. Jim Gresham, of the Daleville Police Department, testified about Milline fleeing the police the night he broke into the apartment. Sgt. Wayne Stripling testified about recovering the 38 pistol in Florida. The victim, the apartment tenant, testified about the condition of her apartment when she returned home, the items that were stolen, and how she felt violated by the crime. The defense tried to argue that Milline did not enter the apartment for the purpose of committing theft, but to hide from the police. However, Judge P.B. McLaughlin instructed the jury that the intent to commit theft in the burglary can be formed concurrent with entering the premises or can be formed after entry while remaining unlawfully therein. Chief Assistant District Attorney Bill Filmore who tried the case for the State said that Milline remains in jail pending his sentencing hearing in the next month where the State will be seeking the maximum sentence. “Milline is a career felon who needs to remain in prison,” said Filmore. (At Bibb CF – 31 years old – release date – 7/11/2023)