Transcript Chapter 2

Understanding the
Criminal Justice System
CJUS 101
Chapter 2: The Legal and
Behavioral Aspects of Crime
Legal / Behavioral Aspects
1.
Acts prohibited by law
- control society
- protect the public
a. Effect of law
- impact everyone
- all state codes
(1) Jurisdictions vary
- crime in one location
- not in another
Aspects
- penalties may also vary
(2) Uniform Crime Report
- Federal Bureau of Investigations
- based on police investigations
- all jurisdictions
2. Classifications
- personal crime / property crime (primary)
a. Personal crime
Aspects
(1) Murder/non-negligent manslaughter
- willful killing
- trend
(a) Includes following
- malice aforethought
- deliberation
- premeditation
(b) Felony-Murder Rule
- all suspects charged
Aspects
(c) Washington law
- aggravated 1st degree murder
- 1st degree
- 2nd degree
- homicide by abuse
- manslaughter 1st degree
- manslaughter 2nd degree
(2) Assault
- unlawful attack
- to inflict severe / aggravating injury
Aspects
- trend
(a) Washington law
- 1st degree: great bodily harm
- 2nd degree: substantial harm
- 3rd degree: police / fire / transit
- 4th degree: unwanted touching
(b) Custodial assault
- employee / volunteer
- school / jail / prison / detention
Aspects
(3) Rape
- carnal knowledge
- of a female
- forcibly / against her will
(a) Washington law
- 1st degree: deadly weapon /
injury / enter car or building
- 2nd degree: forcible compulsion /
mentally incapable/physically
incapable
Aspects
- 3rd degree: just saying ‘no’ /
threat to property
(b) Washington law says no matter:
- what object is used
- how slight the penetration
- whether male / female victim
(4) Robbery
- taking / attempting to take
- anything of value
Aspects
-
from the care / custody / control
of a person or persons
by force / threat of force or violence
or by putting victim in fear
(a) Trend
(b) Washington law
- 1st degree: deadly weapon /
displays deadly weapon /
inflicts injury
Aspects
- 2nd degree: strong-arm robbery /
all other robberies
(b) Threat of force must be immediate
b. Property crime
- crime directed toward a person’s property
(1) Burglary
- unlawful entry of a structure
- to commit a crime inside
Aspects
- trend
(a) Washington law
- intent to commit a crime
- enters / remains unlawfully
(b) 1st degree: deadly weapon /
assaults person inside
- residential: enters a home
- 2nd degree: any other structure
Aspects
(c) Extension of person
- also charged with burglary
(2) Larceny-theft
- unlawful taking / carrying away /
leading / or riding away
- property of another
(a) Trend
(b) Washington law
Aspects
- 1st degree: $1500 or more /
person of another
- 2nd degree: $250 or more /
public record / access device
/ gun / car
- 3rd degree: less than $250
(3) Motor vehicle theft
- theft / attempted theft of vehicle
(a) Trend
Aspects
(b) Washington law
- 1st degree: unlawful taking /
without owner’s permission
(c) Includes driver / all passengers
- ride voluntarily
- know vehicle is stolen
(d) 2nd degree – w/o permission
(4) Arson
- willful / malicious burning
Aspects
- dwelling house / public building
/ property of another
(b) Trend
(c) Washington law
- 1st degree: dangerous to human
life / damages a dwelling /
person inside / $10,000 or
more for insurance purposes
- 2nd degree: any building / dock /
Aspects
structure / vehicle / crops / timber
products / pasture / fences
c. Secondary classifications
(1) Sex offenses
- number of other types
- Washington law
(a) Rape of a child
- 1st / 2nd 3rd degrees
Aspects
(b) Molestation
(c) Indecent exposure / liberties
(d) Prostitution / child pornography
(e) Illegal communication for immoral
purposes
(2) Drug laws
Aspects
- regulate / control
- manufacture / transfer / distribution /
sale / possession
(a) Drug control acts
- Pure Food and Drug Act (1906)
- Harrison Act (1914)
- Marijuana Tax Act (1937)
- Uniform Controlled Substances
Act (1970)
Aspects
(b) Laws / penalties
- vary from state to state
(3) Crimes against public order / safety
- petty, misdemeanor crimes
(a) Local ordinances
- to control public behavior
- disorderly conduct / disturbing
the peace / drunk in public /
urinating in public / DV
Aspects
3.
Behavior systems in crime
- patterns / different behaviors
a. Conduct prohibited by law
- numerous reasons / methods used
- poor / peer pressure / mentally disabled /
physically disabled / way of life / not
wrong
(1) Violent personal crime
- personal weapons / gun permits
Aspects
(2) Surrounded by violence
- television
- movies
- music
- sports
- life
(a) Incitement to suicide
- encourage others to kill
themselves
(b) Death with dignity
Aspects
(c) Killing of a fetus
- Roe vs. Wade (1973)
b. Most violent country
- excluding war / rebellion
(1) Occasional property crime
- check forger
- shoplifter
- welfare fraud
- ‘theft by chance’
Aspects
(2) Organized robbery / gang theft
- more prevalent
- well-armed / efficient
- highly mobile
(bloods / crips / Jamaican posse /Hell’s
Angels / neo-nazis / Asian gangs / etc)
(3) White collar / corporate crime
- most lucrative / safest
- bank clerk to chief executive officer
- embezzlement to stealing
Aspects
(4) Organized crime
- organization / structure
- laws and rules to follow
- cover large areas
(a) Mafia / La Cosa Nostra / Columbian
cartels / Bloods-Crips / etc