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© 2015 Cengage Learning Classifications of Crime Civil Law – Civil court is concerned with responsibility – The burden of proof is preponderance of the evidence – The remedy for violations of civil law is compensation Criminal Law – Criminal court is concerned with guilt – The burden of proof is beyond a reasonable doubt – The remedy for violations is some form of punishment

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2015 Cengage Learning Chapter 3 Defining and Measuring Crime Chapter 3 Defining and Measuring Crime 2015 Cengage Learning Learning Objective 1 Discuss the primary goals of civil law and criminal law and explain how these goals are realized. AP Photo/Pocono Record, Keith R. Stevenson 2015 Cengage Learning Classifications of Crime Civil Law Civil court is concerned with responsibility The burden of proof is preponderance of the evidence The remedy for violations of civil law is compensation Criminal Law Criminal court is concerned with guilt The burden of proof is beyond a reasonable doubt The remedy for violations is some form of punishment 2015 Cengage Learning Classifications of Crime Felonies More serious or atrocious than misdemeanors Punishable by death or imprisonment in a penitentiary for a period of a year or longer Misdemeanors Less serious crimes Punishable by a fine and/or incarceration in a local jail for up to one year 2015 Cengage Learning Discussion Question Sexting Discuss examples of sexting (i.e. words, pictures, pornography, solicitation). Should this be a crime? If so, why, and if not, why not? Felony or misdemeanor? What if a child is involved in sexting? 2015 Cengage Learning Classifications of Crime 2015 Cengage Learning Learning Objective 2 Explain the differences between crimes mala in se and mala prohibita. 2015 Cengage Learning Classifications of Crime Mala in Se Acts that are inherently wrong, regardless of whether they are prohibited by law Examples include murder, rape, and theft Mala Prohibita Acts that are made illegal by criminal statute and are not necessarily wrong in and of themselves Examples include speeding and loitering 2015 Cengage Learning Discussion Question Drugs: to legalize or not? Provide reasons why marijuana should be legalized. Discuss what other drugs should be legalized and why. Discuss why drugs should not be legalized. Discuss your opinion on the federal government controlling drug use. 2015 Cengage Learning Learning Objective 3 Identify the publication in which the FBI reports crime data and list the three ways in which the data are reported. 2015 Cengage Learning Measuring Crime in the US The Uniform Crime Report (UCR) Produced by the Federal Bureau of Investigation Includes data collected from 17,500 policing agencies each year, including: Number of arrests Number of crimes reported Number of officers 2015 Cengage Learning Measuring Crime in the US Part I Offenses: Violent Crimes Property Crimes Part II Offenses: Includes all crimes that do not fall into the category of Part I offenses Measured only by arrest data Occur five times more often than Part I offenses 2015 Cengage Learning Measuring Crime in the US 2015 Cengage Learning Measuring Crime in the US The National Incident-Based Reporting System Expanded the UCR Collects data on each single crime within 22 offense categories of 46 specific crimes 4 data sets: Offense Victim Offender Arrestees 2015 Cengage Learning Measuring Crime in the US 2015 Cengage Learning Learning Objective 4 Distinguish between the National Crime Victimization Survey (NCVS) and self- reported surveys. AP Photo/Press of Atlantic City, Danny Drake 2015 Cengage Learning Victims of Crime Victim Surveys are a method of gathering information in which citizens are surveyed directly regarding their criminal victimizations. Victim surveys attempt to uncover the dark figure of crime. Self-report surveys ask respondents to tell about their criminal activities. Reliability is an issue. Self-report surveys are also an attempt to measure the dark figure of crime. 2015 Cengage Learning Victims of Crime 2015 Cengage Learning Learning Objective 5 Describe the three ways that victims rights legislation increases the ability of crime victims to participate in the criminal justice system. 2015 Cengage Learning Victims of Crime Crime Victims Rights Act of 2004 Victims right to participate in the system Legislative action The right to be informed The right to be present The right to be heard Enforceability 2015 Cengage Learning Learning Objective 6 Discuss one major concern regarding victim participation in the criminal justice process. 2015 Cengage Learning Victims of Crime Anger Guilt Shame Grief Repeat victimization PTSD Anxiety Depression Drug use Suicidal tendencies 2015 Cengage Learning Learning Objective 7 Identify the three factors most often used by criminologists to explain changes in the nations crime rate. Photo by Robert Nickelsberg/Getty Images 2015 Cengage Learning Crime Trends in the US The usual suspects of crime fluctuation: Imprisonment Youth populations The economy 2015 Cengage Learning Learning Objective 8 Explain why income level appears to be more important than race or ethnicity when it comes to crime trends. Joe Sohm/Visions of America/Newscom 2015 Cengage Learning Crime Trends in the US Crime, Race, and Poverty: In general, poor people and minorities commit more crimes and are more often the victims of crimes, than wealthier people and whites. 2015 Cengage Learning Learning Objective 9 Discuss the prevailing explanation for the rising number of women incarcerated in the United States. 2015 Cengage Learning Crime Trends in the US Women and Crime: Crime is a predominantly male activity, however female offending rates are steadily increasing. Criminal Justice System is now more willing to incarcerate women. Explanations include Adlers liberation hypothesis and the get-tough on crime movement. 2015 Cengage Learning Discussion Question Crime Woman Research The Antifreeze Killer Lynn Turner. Discuss the reasons for her to commit crime. Discuss your opinion as it relates to the criminal justice system regarding her sentence. How would you have changed the case sentencing?