Criminology Test 4
Criminology Test 4 SOC3890
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This 10 page Bundle was uploaded by Carly Pate on Tuesday March 29, 2016. The Bundle belongs to SOC3890 at Clemson University taught by William White in Spring 2015. Since its upload, it has received 27 views. For similar materials see Criminology in Sociology at Clemson University.
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Date Created: 03/29/16
Chapter 10: Interpersonal Violence Intro -millions of violent crimes occur each year some are expressive in nature- violent acts that vent rage, anger, or frustration some are instrumental in nature- violent acts designed to improve the financial or social position of the criminal among the explanations for violence are 1) human traits and makeup, 2) evolutionary factors and human instinct, 3) substance abuse, 4) improper socialization and upbringing, 5) exposure to violence, and 6) cultural values illustration on power point The Causes of Violence -Psychological/Biological Abnormality Lewis says kids who kill may suffer from multiple symptoms of psychological abnormality: o 1. neurological impairment o 2. low intelligence o 3. psychotic symptoms abnormal personality structures and psychopathology have all been associated with various forms of violence research shows that personality disturbances are linked to some physical trait or characteristic -Human Instinct Freud maintained that humans possess two opposing instinctual drives that interact to control behavior o 1. Eros, the life instinct, which drives people toward self- fulfillment and enjoyment o 2. Thanatos, the death instinct, which produces self- destruction expressed internally as suicide, alcoholism or other self-destructive behaviors expressed externally as violence and sadism -Socialization and Upbringing there are 5 main issues that have been empirically linked to later life criminality: o absent or deviant peers o inconsistent discipline o physical abuse o lack of supervision o physical punishment children who are subject to even minimal amounts of physical punishment may be more likely to one day use violence unless these effects are neutralized by parents who also provide support, warmth, and care abused children are much more likely to later engage in delinquent behaviors, including violence to become socialized into violence, one must complete the full cycle of the “violentization process”, of which there are 4 stages o brutalization stage- a young victim begins the process of developing a belligerent, angry demeanor o belligerency stage- the target of brutalization begins to understand their dilemma o violent performance stage- when confronted at home, school, or ont eh street, belligerent youth respond with angry, hostile behavior o virulency stage- emerging criminals develop a violent identity that makes them feared; they enjoy intimidating others -Cultural Values/Subculture of Violence between 30 and 40 percent of children who reported exposure to violence also displayed significant violent behavior themselves exposure to gun violence, even a single exposure, doubles the chance a young person another theory is that violence is the product of cultural beliefs, values, and behaviors that develop in poor and disorganized neighborhoods subculture members expect that violence will be used to solve social conflicts and dilemmas disputatiousness, seeking reparation through violent means, becomes acceptable -Exposure to Violence children living in violent conditions become “crusted over” they do not let people inside nor do they express their feelings they exploit others and in turn are exploited by those older and stronger they develop a sense of hopelessness they find that parents and teachers focus on their failures and problems, not their achievements they are vulnerable to the lure of delinquent gangs and groups -National Values- some nations have relatively high violence rates 6 national characteristics predictive of violence: o 1. high level of social disorganization o 2. economic stress o 3. high rates of child abuse o 4. approval of violence by the government o 5. political corruption o 6. an inefficient justice system relatively high violence rates in the US can be traced to a frontier culture that was characterized by racism and preoccupation with personal honor Forcible Rape -History of Rape rape is defined in common law as “the carnal knowledge of a female forcibly against her will” rape has been a recognized crime throughout history in the Middle Ages men abducted and raped wealthy women to force them into marriage- “heiress stealing” forcible rape was outlawed in the late 15 century the violation of a wealthy virgin forced a dowry to be paid unfortunately, peasant and married women were not considered rape -Rape and Military throughout recorded history -Incidence of Rape in 2009, 88,000 rapes or attempted rapes were reported to US police while one third of women are attacked by strangers, almost every male rape involved a friend or acquaintance population density influences the rape rate the police make arrests in slightly more than 50% of all reported rape offenses about half of the offenders are at least 25 -Varieties of Rape according to Nicholas Groth, an expert on classifying and treating sex offenders, every rape encounter contains at least on the these three elements: -Types there are 6 widely accepted types of rapists: o gang rape o serial rape o acquaintance rape o date rape o marital rape o statutory rape -Causes evolutionary, biological factors male socialization psychological abnormality social learning sexual motivation Chapter 13 Class Notes Components of White-Collar Crime -some types of white-collar crime are: stings and swindles chiseling individual exploitation of institutional position influence peddling and bribery embezzlement and employee fraud client fraud corporate crime -review the textbook for details and examples of each of these -white collar swindles people use their business position to trick others out of their money investment swindles: o collapse of the Bank of Credit and Commerce International is probably the most costly swindle in history, costing depositors $10 billion until o Bernard Madoff created the world’s greatest Ponzi scheme with an estimated cost to clients of $65 billion -mortgage swindles the collapse of the subprime mortgage system led to financial crisis in 2008-2009 o subprime mortgage: a home loan given to borrowers who, because of their income, wouldn’t ordinarily qualify for bank loans o while subprime mortgages can help first time home buyers of limited means, they also have been the source of fraud by bother borrowers and lenders o subprime lenders made risky loans assuming that real estate values would always be increasing; however sales slowed down, defaults increased o some subprime lenders, in order to stave off regulators, engaged in false accounting entries and fraudulently inflated assets and revenues; manipulated loan portfolios, and engaged in insider trading, and corporate fraud -white collar chiseling involves regularly cheating people or organizations by deception or deceit o deprives a buyer or customer of fair treatment by bending the rules of reasonable and familiar business practices o usually involve over billing or charging for something that the customer never received (Medical EOB) o charging for bogus auto repairs, zapping cab meters with magnet loaded pens professional chiseling- pharmacists subs low-cost generic drugs for more expensive ones securities chiseling- corporate employees with direct White Collar Exploitations -occurs when an individual abuses their power or position in an organization to coerce people into making payments (monetary or in- kind) to them for services to which they are already entitled -exploitation at the local level and state levels fire inspectors, liquor license board members, food inspectors and any contractor thereto -exploitation in private industry purchasing agents, fraudulent contracts for work never performed, steering work to White Collar Influence Peddling -individuals holding important institutional positions sell power, influence, and information government employees taking kickbacks outsiders bribing government officials difference between influence peddling and exploitation o exploitation involves forcing victims to pay for services to which they have a clear right o influence peddling and bribery involve using institutional positions to grant favors and sell information to those not entitled to it Influence Peddling -Influence Peddling in Government become all too common for elected and appointed government officials to be forced to resign or even to be jailed for accepting bribes to use their influence o e.g. Gov. George Ryan of Illinois selling senate seat and Rep. Bob Ney and Majority Leader Tom DeLay’s involvement with Jack Abramoff -Influence Peddling in Business business officials forcing those wishing to work with the company to pay a bribe or kickback to gain a contract o Payola: routine practice in the record industry of paying radio stations and DJs to play songs o Business-related bribery not unique to the US Embezzlement and Employee Fraud -individual’s use of their positions to embezzle company funds or appropriate company property for themselves and the company or the organization is the victim; this includes: blue collar pilferage- theft of company property management fraud- converting company assets for personal benefit o fraudulently receiving increases in compensation o fraudulently increasing personal holdings of company stock o retaining one’s position by manipulating accounts o concealing unacceptable performance from stockholders Whie Collar Client Fraud -theft by a client from an organization that advances credit to its clients or sometimes reimburses them for services rendered -health care fraud- billing for more expensive services or procedures than provided, performing medically unnecessary services and/or misrepresenting non-covered treatments as medically necessary for purposes of obtaining insurance payments -kickbacks and self-referrals prohibited by federal law -health care fraud is expected to rise as people live long and produce a greater demand for Medicare benefits -Bank Fraud such as check kiting, check forgery, false statements on loan applicants and bank credit card fraud -tax evasion the victim is the government particularly challenging because so many citizens regularly underreport their income legal elements of tax fraud o the government must find that the taxpayer either underreported income or did not report taxable income o willfulness- voluntary, intention violation o the government must show that the taxpayer purposely attempted to evade or defeat a tax payment -the majority of major tax cheats are not prosecuted because the IRS lacks the money to enforce the law only 4,000 tax fraud investigations in 2006 Chapter 18: Punishment and Correction History of Punishment -when a person is convicted of a criminal offense, society exercises the right to punish or correct his or her behavior from ancient times to the 1400s, punishment was immediate and severe- branding, banishment, mutilation, flogging, and death the discovery of the New World changed the nature of punishment; rather than kill criminals, they were shipped to overseas colonies transportation to the colonies waned with the increase in colonial population and increasing importation of African slaves in the 1700s Reforming Correctional Punishment -William Penn of Pennsylvania was a leader in correctional reform revised Pennsylvania’s criminal code to forbid torture penalties of imprisonment at hard labor, moderate flogging, fines, and forfeiture of property were implemented Penn’s original reforms were later rescinded and English law re- adopted but seeds of reform had been planted -in 1790, the Walnut Street Jail was built in Philadelphia as a “liberal reform” dedicated to replacing physical punishments with: solitary confinement isolation no right to work -However, soon overcrowding undermined the solitary confinement of serious offenders The Rise of Prison -Auburn prison- built in 1816 in NY -the Auburn prison design became known as the tier system- cells were on five vertical floors and three classes of prisoners created -1. those who remained in solitary confinement as a result of breaches of prison discipline -2. those allowed labor as an occasional form of recreation -3. (the largest) worked and ate together during the day and went into seclusion at night -Philosophy of the Auburn System was crime prevention through fear of punishment and silent confinement (Auburn system abolished in 1823) Competing Correctional Models -Western Penitentiary in 1818 and Eastern State Penitentiary in 1829- The Pennsylvania System the Pennsylvania model was a penal system based on the belief that most prisoners would benefit from the experience supporters believed penitentiary to be a place to do penance o remove the sinner from society and allow prisoner a period of isolation to reflect on evils of crime Pennsylvania system eliminated the need for large numbers of guards because of the single cell architectural design with no work and no classifications of inmates Competing Correctional Models -the Congregate system eventually prevailed and spread throughout the US; aspects included: 1. congregate working conditions 2. use of solitary confinement to punish unruly inmates 3. military regimentation 4. discipline -prison conditions began to slowly improve over time, eventually leading to state and federal court rulings that gave inmates rights to freedom of religion and speech, medical care, due process, and proper living conditions Goals of Criminal Punishment -a number of factors have been found to influence sentencing outcomes, including: general deterrence specific deterrence incapacitation equity diversion rehabilitation desert/retribution restoration -Imposing Punishment when the accused is convicted of two or more charges: o concurrent sentences- both sentences are served at the same time o consecutive sentences- upon completion of one sentence, the other term of incarceration begins -Sentencing Structures there are a number of issues and methods that affect the structure of sentencing; they include: o the determinate sentence gives the criminal a set number of years to be served in prison the first type of sentences used in the US; replaced by indeterminate sentence o the indeterminate sentence created in the 19 century by penal reformers to encourage inmates to engage in treatment programs by promising early release if they could convince correctional authorities they had been rehabilitated short minimum sentence that must be served and a lengthy maximum sentence that is the outer boundary of time that can possible by served; the actual length of time served is controlled by the corrections agency the underlying purpose o structured sentencing sentencing guidelines- based on the seriousness of the offense and the offender’s criminal history developed to ensure that determinate sentences would be in a fair manner o advisory vs. mandatory recent cases found that the way sentencing guidelines were used by state and federal courts were in violation of a defendant’s sixth amendment right to a jury trial SCOTUS held that judges cannot impose sentences beyond the statutory maximum unless the facts supporting such an increase are found by a jury beyond a reasonable doubt; only exception is a prior conviction o mandatory sentences an effort to limit judicial discretion, mandatory sentences require the incarceration of all offenders convicted of specific crimes o truth in sentencing o three strikes law Sentencing Disparity -it is common for people convicted of the same crime to receive widely different sentences -factors that can legitimately influence the length of sentences: the severity of the offense the offender’s prior criminal record whether the offender used violence whether the offender used weapons whether the crime was committed for money
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