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White Collar, Coproprate, Economic, or Business Crime that "cause far more damage and receive less media attention than blue collar crime" |
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Stock Broker who paid over $100MM in fines and penalties for the illegal stock market practices he followed. |
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Jeffrey Skilling: found guilty of 1 count conspiracy, 1 count insider trading, 5 counts false statements to auditors, 12 counts securities fraud. Faced 394 years of prison, sentenced to 395 years
Ken Lay - another dude from Enron. Died from heart failure
Those are the 2 "key players" |
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Former Stock Broker and Financeer who was busted stealing $65BB from clients by selling fraudulent stock in a "Ponzi" scheme
11 Federal Felonies, including security fraud, wire fraud, mail fraud, money laundering, making false statements, perjury, theft from an employee benefit plan, and making false filings with SEC.
His son was under investigation, too, but Madoff took 100% of the blame.
Received a 150 year sentence |
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Marketed the Dalkon Shield, an intra-uterine birth control device, which caused sterilization, the need for hysterectomies, and death among hundreds of thousands of women.
The serious design flaw was a porous, multifilament string which bacteria could travel into the uterus of users, leading to sepsis, injury, miscarriage, and death. |
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Prodcer's covered up the product's deadly hazards and has been linked to over 150,000 deaths; more than all murders in the United States in an entire decade. |
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Kentucky Coal Mine v. Colin Ferguson |
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Did this really even happen? |
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Even if crime rates go down, the criminal justice system is failing us.
US has highest rate of citizens behind bars
Blue collar workers are treated more harsh than white collar workers
Criminal Justice System isn't labeling true crime (i.e. pollution, unsafe working conditions or products) as criminal.
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Criminal justice system is winning by losing because the goal of the Criminal justice system is not to achieve justice, but to project the US public a visable image of a threat of crime from the poor. |
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Necessary Design for Failure:
1.) Have laws on books against drug use, prostitution, gambling, etc. that have no unwilling victims
2.) Give police, prosecutors, and judges broad discretion to decide who got arrested, who got charged, and who is sent to prison
3.) Prison should be painful and demeaning
4.) Prisoners shouldn't be trained or given employment
5.) Ex-offenders are not "decent citizens" |
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1.) leads to secondary crime to encourage these "legal" activities
2.) anyone who goes to prison would realize many others who committed the same crime were not charged or sentenced to prison
3.) MAY defer future crime, but demeaning and emasculating prisoners by enforced "childhood" with no control increases the potential for aggressive violence
4.) Prison records should keep them from getting a job
5.) No right to vote, harassed by police as "usual suspects", subjects to whims of parole officers who can be sent back to prison for otherwise harmless offenses. |
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Rich and powerful didn't INTEND for this system to be created, it just occurred with the best of intentions.
The unplanned and unintended overall result is a system that serves the rich and powerful.
Those who need change the most cannot find it because they have no power.
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Designed for Failure:
1.) We can't reduce crime because our laws are too lenient
2.) Crime is the cost of modern life
3.) Blame it on the kids
4.) We just don't know what to do |
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1.) US is harsh compared to other industrial nations, and have gotten harsher. We send 6 times the amount of prisoners to prison than the second highest country, the United Kingdom. We still have death penalty, and have 52 offenses that it covers.
2.) No other industrial nation has a similar crime rate, nor the acceleration as quickly as ours
3.) Young people find themselves emerging from the security of childhood into frightening world of chaos of adult responsibility. Youngsters mimic the power of adults and attack the society that frightens and ignores them by resorting to violent crime.
4.) Implies the system is failing. |
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Ways to reduce or eradicate crime |
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Poverty, slums Unemployment
Inequality
Prisons as "higher education"
Drug addiction.
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In 90 minutes, three murders in US alone.
Four will die from unhealthy working conditions |
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The belief that criminal justice isn't a direct reflection of crime, instead it creates the reality we see. |
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1.) We believe criminal justice system is protecting us from most grave of threats, but we're only being protected from SOME "grave" threats
2.) We believe criminal justice system is a "true mirror" that reflects the gravest threats. |
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Anti-Intellectualism (George Pataki) |
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Criminal Justice system has no place for considering one's life force when dispending justice
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Political leaders and criminology |
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They are getting rough (i.e. authoritarian parenting) than getting tough (i.e. authoritative parenting); the belief of firm but fair leadership |
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Colonial America and Criminal justice system |
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Did not view crime as a social problem
No expecataitons of eliminating crime
Didn't isolate the "deiant or dependent"
Religion/Christianity - men were born of corruption; deviant behavior was predictable and inevitable
Punishment was brutal and inhumane, "beat the hell out of them!" |
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Jacksonian Era America and criminal justice system |
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Definition
Institutionalization of deviants
prisons were first resort
Criminal codes were humane
Goal was to construct a special setting for the deviant where he would not be tempted; they would serve their penance (where word "penitentiary" comes from
Auburn and Pennsylvania systems were born
Work programs also |
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Pre World War II social control |
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Symbolic Interaction (communication) and structural functionalism; transmitting shared values through socialization
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Post World War II social control |
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Conflict Theorist
Goal was to create and sustain a structural mechanism that reproduced a class-based society |
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Focault and the Frenchies |
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Power perspective: the king used corporal punishment to reinforce his power over the citizens.
Public flogging grew increasingly brutal
people started to question the king's legitimacy and became sympathetic to the accused; seeing them as victims
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Patterns of punishment reflect economic cycles
When there's labor (people HAVING/SEEKING jobs), imprisonment drops, and when labor is low, imprisonment raises
When labor is scarce, prison conditions improve and more vocational programs are available. When labor seeking is higher, prison conditions worsen to assert prison life is worse than the "real world" |
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The goal is NOT to empower the rich, but to ensure the surival of capitalism |
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Term
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Capitalism is a system of "forced labor", having a job is NOT a result of free contractual agreements
Capitalism is coercive in nature
Capitalists gets money by selling good at a profit (it's profit for employer, exploitation for employee) |
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Marxist belief that the amount of labor the worker works to produce the equivalent to his/her wage |
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Marxist theory of additional labor-time that produce a profit for the capitalist |
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Overt Forces of Capitalism |
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The State (re: government) uses overt force to protect private property
The private property of the owner is hsi means of production
The private property of the worker is their body. |
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Transformation of goods into 2 dimensions:
1.) material - physical transformation
2.) Ideological - social, legal, political
Society shapes the individual into believing things it needs you to believe in order to maintain capitalist system
Law is an idealized refelction of the relations between employers and employees, but we perceive it as shaping or governing the exchange
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Five premises (although there is only 3...) |
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Definition
1.) A crime is a violation of property rights
2.) The law favors the owners: when the criminal law is used against the owners, the owner is never called a "criminal", so they're exempt from the crime
3.) Criminal law is applied to the working class, and is used to control their behavior |
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As necessary as employment
Keeps the wages low, thus provides a surplus labor pool |
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2 Groups of problem population |
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1.) Social Junk - relatively harmless to capitalism, i.e. the elderly, physically and mentally disabled, etc.
Not subjected to coervice components of social control
2.) Social dynamite - pose serious threats to prevailing social and economic order (criminals, protestors, etc.)
They end up going to prison |
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Society is diverse
The crimnal law serves the wishes of the powerful
A crime is a behavior so labeled
A criminal is an individual labeled
The rich/powerful are more "free' to pursue self-interests, while the poor/unpowered are more likely to be defined as criminal. |
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Consensus Theory of Crime |
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Society is uniform
Criminal law serves the greater good
Crime is a rule-breaking behavior
A criminal is someone who breaks the law, and is poorly socialized. |
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Marx and "three classes of society" |
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The Haves (Bourgeouis) - the people with power and money
The Have Nots (the Proletariats) - people without power/money
Lumpenproletariat - society's "parasites". The antithetical to Capitalism
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Marx believed that economics is root of crime, not biology, sociology, or psychology
Instrumental Marxism - role of law, law enforcers, and government
Structural Marxism - lack of oportunity, views law as source of inequality in society |
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Definition
Humans are rational, purposeful actors subject to unequal distribution of power that produces inevitable conflict
Conflict is due to competition between groups.
Those who have the power to change society don't, because they see no reason to. Those who don't have the power never receive the power. |
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Three or more victims as part of a single, ongoing event
Tends to be domestic or in the corse of a felony
Tend to be persons familiar to aggressor
Use efficient Weapons of Mass Destruction (i.e. guns) |
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3 or more murders, but the location changes. Short period of tie between murders, usually enough time to travel to next location. |
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Traits of Mass and Spree Murderers |
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Tend to be white males, aged 29, with the victims being younger
40% family, 36% acquaintance, 24% stranger
Unemployed or underemployed
Repeated failure
External blamers (blame others)
There is NO regional effect! |
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Typologies of Mass Murderers
1.) Family Annihilator
2.) Pseudo-Commander
3.) Set-and-Run killer
4.) The disciple
5.) Disgruntled Employee
6.) disgruntled citizen
7.) Psychotic |
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Definition
1.) Kills entire family, and ususally commits suicide afterwards
2.) Obsessed with weapons and takes ample supplies of ammunition
3.) Set-and-run killers: bombings or poisoning
4.) Disciple: kill to gain acceptance or recognition by charasmatic leader
5.) Unhappy at work, gets most media attention
6.) Tend to be angry "at the world"
7.) Psychotic: break with reality and hears voices commanding the deaths of others |
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Term
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Definition
Individual who kills 3 or more victims at different times and often different places. Includes a "cooling off" period between murders.
GBI operationalized hte definition as 2 or more victims in an attempt to improve detection and prevention
Often increases in brutality on each sequential murder
Victims tend to be strangers |
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Successful v. Unsuccessful murderer and other trends |
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Definition
A successful murder is someone who doen't get caught
At any time, there tends to be ~ 35 to 300 present in our society in any given year
There has been 357 Serial killers from 1960-1991
3,169 victims.
Average of 102 victims a year |
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Definition
males tend to kill strangers; women tend to kill "Familiars"; usually family members or those in custodial care.
Weapons tend to be personal
Motivation is control and power.
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Who are the victims of serial killers? |
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Strangers
More often females
Women and/or children
Prostitutes
Elderly
Homeless
Lonely and Isolated people in highly populated areas
Gays, and other "hate groups" |
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2 factors that shape the nature of serial killers |
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Availability of victims, and the attitudes of law enforcement |
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Thrill Seekers - LOVE the media attention and outsmarting the police
Mission-oriented - those who feel they're "justifying the means"; moral crusaders.
Power and control - domination. Enjoy victim's terror, suffering, and screaming.
Mercy killer - murderer believes they're reducing suffering of victims
Economic Gain - gain access to other's income |
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Ostracization, Alienation, and Marginalization
Some join in forms of extreme/hate groups, others act alone
Popular students use labels (Master Status) to label other's popularity and establish their own.
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When motivated to commit a crime is based on hatred, bias, or prejudice based on race, color, religion, national origin, ethnicity, sex, orientation
It is hating hte GROUP, not the INDIVIDUAL
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1/3rd victims were black, 1/8 gay, 1/10th Jewish |
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