STREET LAW

UNIT 2: Criminal Law & Juvenile Justice

Chapter 7

Crime in America

A crime is the violation of a law established to protect people & maintain an orderly societyPeople everywhere are affected by crime;

however, certain factors such as age, gender, & location influence the likelihood of becoming a victim of crime

Criminals in the U.S. wear many faces, from the teen who steals DVD’s from the electronics store to the career thief planning an armed bank robbery

Authorities disagree over the causes of crime & what can be done about itThey argue that poverty, unemployment, lack of

education, drug & alcohol abuse, & inadequate police protection are to blame

Some people believe that working to end these problems would lead to a decrease in crime rates

Gangs & gang activity also contribute to the problem of crimeExperts agree that combating the problems of

gangs & crime begins with outreach & intervention programs to prevent gang involvement

The Nature of Crimes  

A crime is something that a person does or fails to do that violates the lawThe government establishes penalties for such

behavior Crime rates are influenced by many factors,

although many people disagree about the causes of crime & the best solutions to the problem

FBI Uniform Crime ReportsCrime Trends, 2011 - 2012

Crime Clockreports the frequency of crimes

Crime Indextotals of violent crimes & property crimes

The National Council on Crime & Delinquency recommends alternatives to incarceration as one strategy for reducing crime

Guns & the Law  

Most Americans who own firearms own them legally & use them lawfullyHowever, guns are often used in violent crimes

Experience in the U.S. Prior to the U.S. Constitution

Early English settlers in America viewed the right to arms and/or the right to bear arms and/or state militias as important for one or more of these purposes (in no particular order) enabling the people to organize a militia system participating in law enforcement deterring tyrannical government repelling invasion suppressing insurrection, allegedly including slave revolts facilitating a natural right of self-defense

The 2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

Many people disagree about the government's role in controlling gun ownership

The U.S. Supreme Court

In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest

In District of Columbia v. Heller (2008), the Supreme court handed down a landmark decision that held expressly that the amendment protects an individual right to possess & carry firearms

In McDonald v. Chicago (2010), the Court clarified its earlier decisions limiting the amendment's impact to a restriction on the federal government & expressly found that it limits state & local governments to the same extent that it limits the federal government

Despite these decisions, the debate between the 'gun control' & 'gun rights' movements & related organizations continues

Does the Second Amendment protect the right of individuals to own guns?

Or . . .

Does the Second Amendment give the states power to maintain a militia but does not entitle individuals to own guns?

The U.S. Supreme Court has interpreted the Second Amendment to mean that the state has the right to maintain a militia

Understanding the 2nd Amendment

The Supreme Court

&

The Politics of Gun Control[7:37]

The Federal Gun Control Act of 1968 is the primary federal gun-control law

Congress amended this law in 1993 by enacting the Brady Act

• Established national system to check backgrounds of persons before selling guns to them

Gun laws have also been enacted at the state & local levels

For Your Information – page 86 Problem 7.7 – page 87

Gangs & Crime  

Gangs are active in towns & cities of all sizes throughout the country

Gangs expose their members & their communities to extreme violence & danger

Many youths join gangs because gangs offer a sense of belonging & an opportunity to earn money

Most people agree that a promising strategy to discourage gang membership is to provide young people with opportunities & community connections that will offer them a greater sense of belonging

Gang Risk Factors

Poverty School Failure Substance Abuse Family Dysfunction

DomesticViolence

Community Violence

PoorSelf-Esteem

Little Adult Participation

Problem 7.6 – page 84First 3 of Accused Crips Gang Members Sentenced

Prevention, Intervention & SuppressionNational Gang Center

○ National Gang Center - Chapter 6

Framework forDelinquency Prevention & Early Intervention (Page 10)

Gang Prevention & Intervention Strategies (Page 11)

Ch. 7 – Analyzing (HO)

Substance Abuse & Crime  

Abuse of alcohol & drugs (substance abuse) contributes to many social problems & often leads to other criminal activityAlthough many adults use alcohol responsibly,

alcohol abuse can be very harmful to societyImplied Consent Law: the driver agrees to submit

to a BAC test in exchange for the privilege of driving○ WA – DUI Arrest Information & Advice

Victims of Crime  

Every person is at risk to be a victim of crimeHowever, teens & young adults are more likely than

any other age groups to be victimsIn 2011, 9,878 people were killed and approximately

315,000 were injuredEach crash, each death, each injury impacts not only

the person in the crash, but family, friends, classmates, coworkers and more

Even those who have not been directly touched help pay the $132 billion yearly price tag of drunk driving

But together we can eliminate drunk driving [MADD]

Victim advocacy groups [MADD] work to protect victims by promoting the concerns & rights of victims

Victims are not a party to the criminal case & their rights & needs are too often ignored

Law in Action:Victim’s Rights: Megan’s Law as AdvocacyPassed as a result of victim’s advocacy groupsRequires the registration of all convicted sex

offenders in a community

Recidivist (Repeat Offender) LawRequire long sentences—including sentences of

life in prison w/o parole—for persons who are repeatedly convicted of the same crime, even relatively minor ones

Preventing & Reporting Crime  

You can help fight crime by learning how to protect yourselfAlso, reporting crime can help to prevent others

from being victims There are many organizations & programs

that exist to assist victims of crime & prevent future crime