Course Reflection Paper----social science
Power, Violence, and Crime
Chapter 12
Copyright © 2017 Cengage Learning. All rights reserved.
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Learning Objectives
After reading this chapter, students will be able to:
Explain the main dilemma faced by a free society in protecting its citizens.
Describe the sources of violence.
List the types of violence the United States has seen throughout its history.
Explain the requirements for effective deterrence of crime.
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Power and Individual Freedom
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Power and Individual Freedom
Thomas Hobbes—society must establish a powerful state in order to curb the savage instincts of human beings.
Without law and order there is no real freedom.
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Violence in American History
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Violence in American history
Revolutionary violence
Civil War violence
Indian Wars
Vigilante violence
Labor-management violence
Racial violence
Urban violence
Terrorism
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Violence in American history
©Gina Jacobs/Shutterstock.com
While the United
States has seen a
significant number
of shooting rampages,
the school shooting at
Sandy Hook Elementary School in Sandy Hook, Connecticut, in which twenty children and six adults were murdered by a lone gunman who
then took his own life on December 14, 2012, shook the country and prompted renewed consideration of both gun laws and
the treatment of the
mentality ill.
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The Problem of Crime
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Changes in Crime Rates
Victimization
The Problem of Crime
FBI crime rates—number of serious crimes/100,000 population
Serious crimes
Murder and non-negligent homicide
Forcible rape
Robbery
Aggravated assault
Burglary, larceny, and theft
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THE PROBLEM OF CRIME
Changes in Crime Rates
Dramatic rise from 1960–1990
The introduction of the 911 emergency phone number
Insured property owners
Decline since the 1990s
Police “crackdowns”
More aggressive “community policing”
Longer prison sentences
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THE PROBLEM OF CRIME
Sources: Federal Bureau of Investigation, Uniform Crime Reports (annual) Crime in the United
States 1991–2010, http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/
tables/10tbl01.xls and www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/
tables/1tabledatadecoverviewpdf/table_1_crime_in_the_united_states_by_volume_and_rate_
per_100000_inhabitants_1994-2013.xls
TABLE 12-1 OFFENSES REPORTED TO POLICE PER ONE HUNDRED THOUSAND POPULATION
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THE PROBLEM OF CRIME
Source: Federal Bureau of Investigation, Uniform Crime Reports, www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s.
FIGURE 12-1 Violent Crime Rates
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THE PROBLEM OF CRIME
Victimization
Victimization rate—based on national survey responses regarding victimization in the past year.
Reasons for non-reporting.
Police cannot deal effectively with crime.
Crime is a private matter.
Fear of reprisal
Perpetrator is known to victim.
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The Constitutional Rights of Defendants
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Guarantee of the Writ of Habeas Corpus
Prohibition of “Unreasonable” Searches and Seizures
Prohibition of Bills of Attainder and of Ex Post Facto Laws
Freedom from Self-Incrimination
Protection against Double Jeopardy
Guarantee of a Fair Jury Trial
The Constitutional Rights of Defendants
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Protection against Excessive Bail and Cruel and Unusual Punishments
The Right to Counsel
The Death Penalty
The Exclusionary Rule
Plea Bargaining
THE Constitutional Rights of Defendants
Writ of Habeas Corpus
No bills of attainder or ex post facto laws
Prohibitions against unreasonable search, self-incrimination, double jeopardy
Guarantee of fair jury trial
Burden of proof rests with prosecution
Right to bail
No cruel and unusual punishment
Right to counsel
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The constitutional rights of defendants
Source: http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/offenses-knownto-law-enforcement/expanded-homicide/expanded_homicide_data_table_10_murder_circumstances_by_relationship_2013.xls
FIGURE 12-2 Relationship of Murder Victim to Offender
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The constitutional rights of defendants
Guarantee of the Writ of Habeas Corpus
Writ of habeas corpus: police may not hold a defendant without showing cause before a judge
Prohibition of Bills of Attainder and of Ex Post Facto Laws
Bill of attainder: a legislative act that inflicts punishment without a trial
Ex post facto law: making an act criminal after it is committed or retroactively increasing punishment.
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The constitutional rights of defendants
Prohibition of “Unreasonable” Searches and Seizures
Unreasonable search: search without lawful warrant issued by a judge, unless “incident to a lawful arrest”
Freedom from Self-Incrimination
Freedom from self-incrimination: no physical or psychological force can be used to obtain a confession or incriminating evidence from a defendant.
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The constitutional rights of defendants
TABLE 12-2 CONSTITUTIONAL LIMITS ON POLICE POWERS
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The constitutional rights of defendants
Guarantee of a Fair Jury Trial
Twelve-person unanimous jury: not required in all cases; unanimity may not be required in some cases and six-person juries may also be acceptable
Burden-of-proof: the requirement that the prosecution must prove guilt
Protection against Double Jeopardy
Double jeopardy: refers to a person being tried again for the same offense after being acquitted; prohibited by the Fifth Amendment.
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The constitutional rights of defendants
Protection against Excessive Bail and Cruel and Unusual Punishments
Bail: money held by court to ensure that defendant will appear for trial.
Eighth Amendment says that bail may not be “excessive.”
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The constitutional rights of defendants
The Death Penalty
Opponent arguments
Is cruel and unusual punishment
Concerns about executing innocents
Supreme Court upheld death penalty in 2006 Kansas v. Marsh.
Over 3,000 prisoners nationwide on death row.
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The constitutional rights of defendants
AY-COLLECTION/SIPA/Newscom
Iran executed some
300 people last year
in 2014, most of them
for drug crimes that
do not merit capital
punishment under
international law and
more than 20 for
offences against Islam.
Only Iran, Saudi Arabia and Iraq execute
more people than the
United States.
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The constitutional rights of defendants
Source: Death Penalty Information Center, http://www.deathpenaltyinfo.org/death-row-inmates-state-and-size-death-row-year
FIGURE 12-3 DEATH ROW POPULATION , 1968-2015
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The constitutional rights of defendants
Source: Death Penalty Information Center, www.deathpenaltyinfo.org/number-executions-state-and-region-1976
FIGURE 12-4 Map of Executions
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The constitutional rights of defendants
The Right to Counsel
Right to counsel: the right to an attorney in all criminal cases; right to free counsel for indigent defendants; counsel provided at beginning of investigation; defendants must be informed of rights upon arrest.
Gideon v. Wainwright
Miranda v. Arizona
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The constitutional rights of defendants
Countries with a
Death Penalty for Ordinary Crimes
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The constitutional rights of defendants
FIGURE 12-5 Executions IN THE UNITED STATES BY RACE SINCE 1976
Sources: Death Penalty Information Center, http://deathpenalty.org/article.
php?id=54 and http://quickfacts.census.gov/qfd/states/00000.html
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The constitutional rights of defendants
The Exclusionary Rule
Prevents illegally obtained evidence from being used in a criminal case.
Chief Justice Warren Burger attacked the exclusionary rule for “the high price it extracts from society—the release of countless guilty criminals.”
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The constitutional rights of defendants
FIGURE 12-6 The “Miranda Card”
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The constitutional rights of defendants
Plea Bargaining
Prosecution reduces or drops charges or agrees to recommend lighter penalties in exchange for a guilty plea.
Criticisms:
A form of leniency that reduces the system’s deterrent effects
A violation of the Constitution’s protection against self-incrimination and guarantee of a fair jury trial.
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Crime and Drugs
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Drug Trafficking
The War on Drugs
Crime and drugs
Link between violence and use of alcohol/drug is well-documented.
Of U.S population, 9% uses illegal drugs.
Referenda votes in 23 states and D.C. indicate voter approval of therapeutic marijuana use.
FIGURE 12-7 THE PREVALANCE OF THE USE OF ILLICIT DRUGS
Source: National Institute on Drug Abuse. www.drugabuse.gov/publications/drugfacts/
nationwide-trends
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The constitutional rights of defendants
Drug Trafficking
Estimated size of the drug market—$30 to $40 billion per year.
Drugs produce huge profit margins.
Enable drug traffickers to corrupt police and government officials as well as private citizens.
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The constitutional rights of defendants
The War on Drugs
Interdiction
Interception before drugs enter the U.S
Enforcement
Arrest
Drug testing
Education
Public and private campaigns
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An Economic Perspective on Crime
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Requirements for Deterrence
Questions about Deterrence
Economic Perspective on Crime
Crime’s benefits outweigh costs.
Requirements for Deterrence
Deterrence effective if punishment is perceived as:
Certain
Swift
Severe
Questions about Deterrence
Incarceration rate: the number of persons imprisoned per one hundred thousand population.
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A Psychological Perspective on Crime: The Antisocial Personality
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The Antisocial Personality
Environmental Influences
Genetic Explanations
A Psychological Perspective on Crime: The Antisocial Personality
The Antisocial Personality
Often associated with criminal behavior
Lack of empathy and concern for others
Lack of shame or guilt or remorse for their own actions, no matter how harmful
Sometimes develops in children who first show signs of attention deficit disorder.
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A Psychological Perspective on Crime: The Antisocial Personality
Genetic Explanations
Cross-generational identical twins studies reveal a genetic cause.
Criminal records of identical twins are much closer to each other than those of fraternal twins.
Environmental Influences
Parental conduct and supervision of ADD is a better predictor
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Social and Cultural Perspectives on Crime
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Crime and Gender
Age and Crime
Crime and Race
Subcultural Explanation
Social and Cultural Perspectives on Crime
Crime as deviance—violation of social norms
Sociological explanations for crime
Gender
Race
Age
Subcultural explanations
Crime and Gender
Crime and Race
Age and Crime
Subcultural Explanation
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Social and Cultural Perspectives on Crime
Crime and Gender
Men account for about 80% of violent crime and 62% of property crime.
Due to socialization?
Crime and Race
Disportionately victimizes poor and African Americans.
Sociological explanations are all controversial.
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Social and Cultural Perspectives on Crime
Age and Crime
Crime is closely related to age. Men ages 16-34 commit 75% of crimes in the U.S.
Subcultural Explanation
Crime more prevalent in urban areas.
But, most young males in the inner city do not turn to violence or crime.
Difficult to find a policy remedy.
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