Transcript Document

Chapter 7
Crime Control through
Legislation
Legislative Bans
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A common legislative response to
certain social problems is to ban it
We have banned
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Certain guns and gun-related products
Various types of drugs
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Where There’s a Demand, There’s a
Supply
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Crash course in basic economics
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Where there is a demand, there will be a
supply
Who cares?
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As long as demand is not targeted, efforts
to restrict supply won’t succeed
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
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Gambling and Prostitution
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Efforts have been made to ban gambling, in response to
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Did it work?
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No!
Almost all states have banned prostitution
Has prostitution gone away?
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19th-century lottery corruption
Organized crime
Police corruption
Of course not
Commonalities
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When social ills such as these are criminalized, they are not
consistently prioritized by the justice system (i.e., inadequate and
partial enforcement)
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
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Prohibition
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Prohibition is cited most frequently in
support of critics’ arguments that
banning products/substances doesn’t
work
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Modest reduction in alcohol consumption
Black market
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Gun Bans
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We are a gun-toting society
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Approximately 200 million guns in circulation
Two types of gun bans stand out
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Federal legislation
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Citywide gun bans
Has federal legislation worked?
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Gun Control Act of 1968
1994 Violent Crime Control Act
Many say no, partly because the guns it targets are rarely used in
crimes
What about citywide bans?
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Little research is available
Research that is available is not conclusive
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
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Drug Bans
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America has taken a “supply-side” approach to drugs
This consists of
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Interdiction
Eradication
Do drug bans work? No!
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Black markets
Adverse effects on inner city communities
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Disproportionate number of minorities going to prison
Violence tied to drug selling
Reduction in number of positive adult male role models
Corrupting influence on law enforcement
Public health consequences
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Potency of drugs
Costs of treating addicts and responding to drug-related violence and
death
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
Gun Control
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Gun control includes
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Altering gun designs
Regulating gun transactions
Denying gun ownership to dangerous
persons
Buybacks
Limiting the “right to carry”
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
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Altering Gun Designs
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Gun manufacturers have been encouraged to
improve gun designs, such as by
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Including indicators as to whether a weapon is
loaded
Installing trigger locks
Incorporating personalized gun technology
Effect on crime?
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Probably none because
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Improved gun designs are mostly intended to reduce
accidental shootings
Firearms are exempt from regulation by the Consumer
Product Safety Commission
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
Regulating Gun Transactions
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People who can’t buy guns, according to the Gun Control Act of
1968, include
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Minors
Adults under indictment or who have been convicted of a felony
People convicted of misdemeanor domestic violence
Illegal aliens
People confined because of mental disorders
Others
If we regulate gun transactions, will gun violence decline?
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Probably not, because
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The secondary market is pervasive
ATF is understaffed and can’t possibly inspect all licensed firearms
dealerships frequently enough
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
Denying Gun Ownership to Dangerous
Persons
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The Brady Handgun Violence Prevention Act (1994)
was responsible for background checks
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Did Brady work?
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Effectively created a waiting period
Prohibited thousands of people from buying guns
Effects on crime unclear, according to a number of studies
Why was Brady not a resounding success?
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Not all states were bound by it
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Printz v. United States
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Act was short-lived (expired in 1998)
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
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Buybacks
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Some states have experimented with gun
buy-back programs
Do buy-backs affect crime?
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Studies seem to say no
Why?
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Short-lived
Can always buy more guns
Token reward for turning in a gun
Buy-back participants are at a low risk of
offending
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
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The Right-to-Carry Controversy
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Some states allow people to carry concealed
weapons
John Lott’s book, More Guns, Less Crime, makes a
case for universal concealed weapons laws
Lott showed deterrent effect in “shall issue” states
Others have severely criticized Lott’s research
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Some studies show increases in crime in right-to-carry
states!
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
Sex Offender Laws
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Sex offenders are among the most persistent
offenders
Two popular approaches have been used to
address crimes committed by sex offenders
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Megan’s law
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Jessica’s Law
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Requires registration
GPS monitoring of sex offenders
Adam Walsh Child Protection and Safety Act
Buffer zone laws
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.
Laws Aimed At Contemporary Problems
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Sarbanes-Oxley Act of 2002
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Targets corporate accounting fraud
Section 906 certification
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CFO or CEO signs off on SEC filings
Critics say it duplicates existing law
The Patriot Act
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Detentions
Improved intelligence gathering
Military tribunals
Does it work?
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How can we know?
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© 2008 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.