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Crime vs. Deviance
Deviance is behavior which goes against norms established by society.
Deviance is subjective.
Deviant acts are crimes only when a majority accepts that those acts should be punished.
Not all crimes are considered particularly deviant.
Criminal law defines acts the legislature has decided are so unacceptable, they must be prevented.
Types of Crimes
Classified by seriousness
Six general categoriesCrimes against persons
(violence) Property crimes Public order crimes White collar crimes Organized crimes High-tech crimes
Public Order Crimes
Contrary to public values and moralsPublic Intoxication
Prostitution
Drug Use
Linked to Consensus Model
Known as “victimless crimes”
White Collar Crime
Business related crime
Non-violent illegal acts by a business or individual to obtain economic advantage
ExamplesMartha Stewart
Enron
Organized Crime
Illegal acts by an organized group to satisfy society’s demand for certain goods and services.
Gambling ProstitutionIllegal substances
Conspiratorial relationships
Criminal tactics used---violence, corruption, intimidation
High-Tech Crime
Internet---Site for cyber crimeSelling pornography
Soliciting minors
Fraud (credit cards, identity theft)
Purpose of Criminal Justice System
“Criminal Justice system ‘protects individuals and the community.’”
1967 President’s Commission on Law Enforcement and Administration of Justice
Three general goals described:
1. Control crime
2. Prevent crime
3. Provide and maintain justice
Which of the following is a “crime” and why
Bob points a gun at Suzy and demands she give him all her money.
Yes it is a crime, robbery
Is It A Crime? You be the judge, Yo!
Jimmy approaches Suzy to rob her, but as Jimmy begins to pull his gun out of his pocket he drops it and runs away
Yes attempted robbery. Why?
Jimmy has taken a substantial step to rob Suzy
Is It A Crime? You be the judge, Yo!
Jimmy walks past Suzy and thinks to himself, “I sure would like to take all of Suzy’s cash, if I only had a gun.”
No. Jimmy cant be punished for thoughts
STATE OF MIND & CRIMINAL ELEMENTS
State of Mind:
-Almost all crimes require a “guilty state of mind” –Mens rea
-Committing a crime is an ACT – actus reus = the action that is criminal
State of Mind
Guilty of state of mind is the level of awareness someone has when they commit a crime (intentionally, knowingly or recklessly)
Defined by OR law:
Oregon Revised Statutes (ORS)
“Intentional / with intent” – person acts with a conscious objective to cause the result or engage in the conduct so described.
“Knowingly / with knowledge” – a person acts with an awareness that the conduct is illegal.
“Recklessly” – person is aware & disregards substantial risk that an illegal act will occure
State of mind is different than “motive”Motive is the REASON a person commits an actState of mind is the knowledge of your act
Ex Jimmy steals Suzy’s purse because he needs money to buy drugs
Motive: Needs $ to buy drugsState of Mind: He intentionally stole the purse
There are crimes, “strict Liability” that do not require a guilty state of mind
Can you think of someEx: selling alcohol to a minor
Criminal Element
Crimes are defined by “elements”
Each Element of a crime must proven to convict a person of a crime
Prosecutors must prove the state of mind and each element beyond a reasonable doubt to convict
Criminal Elements
Robbery Elements: Taking and carrying away goods or money
Taking from someone’s person
Use of force or intimidation
Burglary Elements:Enter or remain in a building unlawfully
With the intent to commit a crime
Classes of CrimesFelony: Crime where potential for imprisonment is more than a year
Misdemeanor: Crime where potential for imprisonment is less than a year
Both determine what type of punishment a criminal can get
Classes of Crime
Robbery in ORFirst degree = 20 yrs in prisonSecond degree = 10 yrsThird degree = 5 yrs
*1st, 2nd and 3rd degree are all felonies*Each state has different requirements for
what degree a crime is.
In Oregon Robbery:1st degree = use of deadly weapon or intending to cause serious harm
Ex pointing a gun at a bank teller
2nd degree = person claims they have a weapon
Ex Saying to teller you have a gun
3rd degree = person uses force or threat of force
Ex grab teller by the shirt and threaten
Activity
In pairs
For each crime listed on the handout identify each ELEMENT as an ACT or a STATE of MIND
Parties to Crime
When a crime is committed other people my get charged too.
Principal: The person who commits the crime
Mr Ackerman takes your cheetos. Ackerman is the principal
Parties to Crime
Accomplice: someone who helps a person commit a crime
Ex you drive the getaway car after Ackerman takes the cheetos
*Accomplice may be convicted of the SAME crime as principal even though only drove the car.
Parties to Crime
Accessory Before the Fact: a person who orders a crime or helps the principal, but is not present during the crime
Ex the mastermind plans the robbery but does not go.
This person is usually charged with the same crime
Parties to Crime
Accessory After the Fact: person knows the crime took place but and help principal or accomplice avoid capture, escape or conceal crime
This person is not usually charged with the same crime but rather obstruction of justice
Why do we penalize those who help others commit crime?
Would penalizing only the principal help or hurt crime prevention?
Preliminary Crimes
Certain actions that take place BEFORE a criminal act are considered a crime
The idea is that this will help PREVENT crime.
Preliminary Acts
Solicitation: When a person commands or advises another to commit a crime
The crime does not have to occur to be found guilty.
Ex: Bob wants to kill Jane and asks Steve to do it for him for $100,000. Steve never does, but Bob is guilty of solicitation
Preliminary Crimes
Attempt: A person has the intent and taken steps towards committing a crime.
The crime does not have to occur BUT need intent and steps toward
This can be hard to prove. What IS a substantial step
Pete decides to kill Paul, he buys a gun on his way to Paul’s house and is pulled over & arrested for another crime.
Has Pete taken a substantial step toward murdering Paul?
Ex Sophia and Sara talk one night about how much they have Suzanna. They begin to make a plan to murder her and both agree to murder Suzanna tomorrow. They post their plans on the internet and the cops arrest them before the murder. Both are arrested for conspiracy
Did the girls have to commit the crime to be guilty?
No
Did they take a substantial step?
Yes, posted plans on the internet which was open to public view
Purpose of Criminal Justice System
“Criminal Justice system ‘protects individuals and the community.’”
1967 President’s Commission on Law Enforcement and Administration of Justice
Three general goals described:1. Control crime2. Prevent crime3. Provide and maintain justice