Course Reflection Paper----social science

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Chapter12PPT2.pptx

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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