TYPES OF LAW: Civil Law – “I’m going to sue you!!”

Laws regulating relationships between individuals; Based on contracts between those people (2 types):

• EXPRESSED (written or spoken)• IMPLIED (understood)

Results if you win:• 1. INJUNCTION: You stop someone from doing

something• 2. MONETARY: People pay you because they failed to

honor their obligation or contract• NO PRISON SENTENCES FROM CIVIL CASES!!!

LOWER BURDEN OF PROOF: You just have to prove your case with a PREPONDERANCE (majority) of the evidence.

Major issue in Civil Law: TORT (civil wrong) REFORM

Do people sue for frivolous (poor) reasons and clog up the courts?

If we limit people’s ability to sue, do we deny them their right to just compensation

for injury and loss?

Criminal LawCriminal law – laws defining acts

subject to fines & imprisonment.

•In the Criminal Law system it is the STATE / FEDERAL GOVERNMENT vs. the ACCUSED (DEFENDANT). •Victims of crime are NEVER the PLAINTIFFS. •The governments laws were broken and they are prosecuting the case. The VICTIM is just a bystander.

CRIMINOLOGYCRIMINOLOGYCrimeCrime: Deviant behavior : Deviant behavior formallyformally negatively negatively sanctioned (prison or fines) by a social group.sanctioned (prison or fines) by a social group.

Helping another plan or cover up a crime is also punishableHelping another plan or cover up a crime is also punishable::

Accessory before the FactAccessory before the Fact: helps plan the : helps plan the criminal act but does not participate in the crime.criminal act but does not participate in the crime.

Some states call this “conspiracy”Some states call this “conspiracy”

Accessory after the FactAccessory after the Fact: a person who : a person who knowing a crime has been committed helps the knowing a crime has been committed helps the

criminal avoid capture and prosecution criminal avoid capture and prosecution

Elements of a Crime: What Elements of a Crime: What makes something a crime?makes something a crime?

Actus Reus = The act of committing Actus Reus = The act of committing a crimea crime

Mens reaMens rea = guilty mind. = guilty mind. CRIMINAL CRIMINAL INTENTINTENT are you capable of knowing are you capable of knowing right from wrong? right from wrong? some exceptions: some exceptions: mental state, mental state, age, age, cognitive abilitycognitive ability – (mental retardation) – (mental retardation)

Can you be guilty and innocent Can you be guilty and innocent at the same time?at the same time?

EntrapmentEntrapment: Compelling : Compelling someone to commit a crime someone to commit a crime not initially contemplated by not initially contemplated by him or her.him or her.

Police are not allowed to Police are not allowed to entrap citizens in criminal actsentrap citizens in criminal acts

Measuring CrimeMeasuring Crime Most Common Tool:Most Common Tool:

Uniform Crime Report Uniform Crime Report (UCR):(UCR):**First national crime report First national crime report

*Annual statistical analysis of all crimes reported *Annual statistical analysis of all crimes reported to the police.to the police.

*Compiled by the FBI (Federal Bureau of *Compiled by the FBI (Federal Bureau of Investigation) from local PD’sInvestigation) from local PD’s

Problems with UCR:Problems with UCR:• Limited to crimes reported to policeLimited to crimes reported to police• Multiple crime events listed singly Multiple crime events listed singly (i.e. shooting during (i.e. shooting during

a robbery listed only as a shooting)a robbery listed only as a shooting)

Measuring Crime: UCR cont.

• RECENT DEVELOPMENT: Definition of RAPE to RECENT DEVELOPMENT: Definition of RAPE to change to include change to include menmen and women. Molestation and and women. Molestation and abuse of boys had previously never been counted as abuse of boys had previously never been counted as raperape

• Signifcance: Signifcance: • -Only ¼ of rapes are reported. -Only ¼ of rapes are reported. • -Rape statistics will rise in the future. -Rape statistics will rise in the future. • -More support for rape victims -More support for rape victims

• Which crime do you think is reported most Which crime do you think is reported most accurately?accurately?

• MURDER!MURDER!

New Crime MeasuresNew Crime Measures National Incident Based Reporting System National Incident Based Reporting System

(NIBRS) “New UCR”(NIBRS) “New UCR”More specific than UCRMore specific than UCRIdentifies more types of crimeIdentifies more types of crimeNot as widely adopted as the UCRNot as widely adopted as the UCR

National Crimes Victims Survey National Crimes Victims Survey (NCVS)(NCVS)Run by the Census BureauRun by the Census BureauIdentifies crimes not reported to the policeIdentifies crimes not reported to the police

Often shows twice as much crime as the UCROften shows twice as much crime as the UCR Reports titled “Households touched by Crime”Reports titled “Households touched by Crime”

STATE AND FEDERAL LAW All US citizens are subject to two types of laws:

STATE: Every state creates their own laws

FEDERAL: The Federal Government makes law for all 50 states

Federal Law is SUPREME

Most criminals are state and local facilities (over 80% of our 2 million prisoners are in local or STATE Prison)

NEW JERSEY STATE LAW NJ does not classify crimes as FELONIES (more than 1 year in jail) and

MISDEMEANORS (more than 1 year in jail)

NJ LAW: PETTY DISORDERLY PERSONS OFFENSES (PDP’s) Least severe criminal charge

• Heard in MUNICIPAL COURT• Max sentence: 30 days• Max fine: $500• Examples:

Harrassment Disorderly Conduct

NJ LAW: DISORDERLY PERSONS OFFENSES (DP’s) Less severe criminal charge

• Heard in MUNICIPAL COURT• Max sentence 180 in COUNTY JAIL• Max fine: $1,000• Examples:

Simple Assault (fighting) Marijuana possession (under 50 grams) Theft under $200

Indictable offenses in NJIndictable offenses in NJ  New Jersey Degrees of crimeNew Jersey Degrees of crime

1) 1) First degree First degree; ; MOST SERIOUSMOST SERIOUSPrison: between 10 years and Prison: between 10 years and LIFE (85% MANDATORY)LIFE (85% MANDATORY)

Fine max: $200,000Fine max: $200,000““Felony”Felony”

2) 2) Second degreeSecond degree; ; Prison: between 5 and 10 years Prison: between 5 and 10 years (85% MANDATORY)(85% MANDATORY)

Fine max: $150,000 Fine max: $150,000 ““Felony”Felony”

3) 3) Third degreeThird degreePrison: between 3 and 5 yearsPrison: between 3 and 5 years

Fine max: $15,000Fine max: $15,000 “ “Felony”Felony”

4) 4) Fourth degree = Fourth degree = LEAST LEAST SERIOUS SERIOUS (Crimes not identified by degree (Crimes not identified by degree are usually fourth degree) are usually fourth degree) Prison max: 18 months Prison max: 18 months

Fine max: $10,000 Fine max: $10,000 Usually a Usually a “misdemeanor“misdemeanor” (less ” (less than a year in jail)than a year in jail)

FEDERAL CRIMEFEDERAL CRIME::

Certain Crimes are deemed FEDERAL OFFENSESCertain Crimes are deemed FEDERAL OFFENSES

What makes something a FEDERAL OFFENSE?What makes something a FEDERAL OFFENSE?

1. 1. Occurs on FEDERAL PROPERTY or related to FEDERAL Occurs on FEDERAL PROPERTY or related to FEDERAL AGENCIESAGENCIES

*Military Base*Military Base*Indian Reservation*Indian Reservation*Crosses STATE BORDERS*Crosses STATE BORDERS*Mail FRAUD of any kind*Mail FRAUD of any kind

FEDERAL CRIMESFEDERAL CRIMES2. Severe Crimes formally sanctioned by the US 2. Severe Crimes formally sanctioned by the US Congress:Congress:

*KIDNAPPING*KIDNAPPING*BANK ROBBERY*BANK ROBBERY*COUNTERFEITING*COUNTERFEITING*DRUG CRIME (“Kingpin”, Large scale drug manufacturing)*DRUG CRIME (“Kingpin”, Large scale drug manufacturing)*TERRORISM*TERRORISM*HATE CRIMES (Specified)*HATE CRIMES (Specified)*CRIMINAL ORGANIZATIONS *CRIMINAL ORGANIZATIONS (Organized Crime)(Organized Crime)*CERTAIN WEAPONS CHARGES (machine guns / *CERTAIN WEAPONS CHARGES (machine guns /

silencers)silencers)*PROTECTED WILDLIFE*PROTECTED WILDLIFE*MARITIME CRIME (Crime on the high seas)*MARITIME CRIME (Crime on the high seas)*AIR TRAVEL (Crimes related to traveling or interfering with *AIR TRAVEL (Crimes related to traveling or interfering with

air travel)air travel)*INTERNET FRAUD / CRIMES*INTERNET FRAUD / CRIMES*TAX EVASION*TAX EVASION*STOCK AND BOND TRADING VIOLATIONS*STOCK AND BOND TRADING VIOLATIONS*IMMIGRATIONS VIOLATIONS*IMMIGRATIONS VIOLATIONS

FEDERAL LAW ENFORCEMENT AGENCIESFEDERAL LAW ENFORCEMENT AGENCIES

FBIFBI: Federal Bureau of Investigation: Premier federal law : Federal Bureau of Investigation: Premier federal law enforcement agencyenforcement agency

USSSUSSS: United States Secret Service: Protection and : United States Secret Service: Protection and Financial security (counterfeiting and credit fraud) Financial security (counterfeiting and credit fraud)

US Marshal ServiceUS Marshal Service Captures Federal fugitivesCaptures Federal fugitives Department of Homeland Security (DHS)

United States Coast Guard (USCG) United States Customs and Border Protection (CBP)

• United States Border Patrol (USBP) United States Immigration and Customs Enforcement (ICE) United States Immigration and Customs Enforcement (ICE) Transportation Security Administration (TSA) Transportation Security Administration (TSA)

• Federal Air Marshal Service (FAMS) Federal Air Marshal Service (FAMS) Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Drug Enforcement Administration (DEA)Drug Enforcement Administration (DEA)

Sentencing for CrimeSentencing for CrimeJudges decide how long you will serve & how much Judges decide how long you will serve & how much

you will pay based on:you will pay based on: Severity of the crimeSeverity of the crime Their personal opinionsTheir personal opinions

90% of cases are Plea “bargained” (more difficult in 90% of cases are Plea “bargained” (more difficult in Federal Court)Federal Court)

Some crimes have MANDATORY sentences (NJ 85% Some crimes have MANDATORY sentences (NJ 85% served for 1served for 1stst and 2 and 2ndnd Degree) Degree)

The DEATH PENALTY has been abolished in New The DEATH PENALTY has been abolished in New JerseyJersey

•Crime in the US reached a peak during the Crime in the US reached a peak during the crack years(crack years(1980’s-1992)1980’s-1992)

•Experts predicted that crime would continue to Experts predicted that crime would continue to increaseincrease

•Around 1992 crime rates began falling Around 1992 crime rates began falling dramaticallydramatically

WHY????????WHY????????

1. Stronger Economy: less poor = less crime

2. Changing population: Baby Boomers getting older; huge population segment no longer criminally active

3. Better Policing Strategies: Computer analysis of crime, Nuisance crime initiative, etc.

4. Gun Control Laws: stricter gun laws = less crime

5. Allowing concealed weapons: Sounds logical , no evidence of impact

6. Capital Punishment: more executions scared potential criminals

Economist Stephen Levitt investigated the Economist Stephen Levitt investigated the data and reached different conclusions. data and reached different conclusions. According to Levitt’s research crime According to Levitt’s research crime plummeted because:plummeted because: 11. More Police. More Police: 60,000 more police : 60,000 more police

officers added during the 1990’sofficers added during the 1990’s 2. 2. Rising Prison PopulationRising Prison Population: By 2000 more : By 2000 more

than two million people were in jail, 4x than two million people were in jail, 4x more than 197more than 1972. 2.

3. The Receding Crack Epidemic: When the 3. The Receding Crack Epidemic: When the crack epidemic ended; crime decreasedcrack epidemic ended; crime decreased

4. 4. Levitt’s most controversial theoryLevitt’s most controversial theory Legalized Legalized Abortion is a factor in the drop in crime:Abortion is a factor in the drop in crime:

1973 abortion became legal. 1973 abortion became legal. Levitt theorized that unwanted babies, who statistically Levitt theorized that unwanted babies, who statistically

were at greatest risk for criminal behavior, were never were at greatest risk for criminal behavior, were never born. born.

18 years later, when they would have embarked on their 18 years later, when they would have embarked on their adult criminal life, they weren’t there. adult criminal life, they weren’t there.

Political and Social DYNAMITEPolitical and Social DYNAMITE

One funny law related to automobiles is the method of receiving fuel. It is illegal to pump your own gas. If you see a self-service gas station, just keep driving, it could be a trap.

A second weird law related to automobiles is when you can buy one. It is illegal for a car dealership to be open on Sunday. Residents of New Jersey should refrain from purchasing a car on Sunday, wait until Monday when the dealership is allowed to be open.

A third dumb law related to automobiles is when it is allowable to pass someone. It is illegal for an automobile to pass a horse drawn carriage on the street. Passing the carriage may startle the horses and create a hazard.

A funny law related to your hobbies in New Jersey restricts when a man can participate in needlework. Men may not knit during fishing season. He may be arrested. Instead, wait for football season.

There are also weird laws regarding what you eat in New Jersey. Selling ice cream after 6pm in Newark is illegal, unless the customer has a doctor’s note. You may want to purchase your ice cream early in the day to avoid breaking this law.

Another dumb law relating to food in New Jersey restricts noise level. It is illegal to slurp your soup. If you cannot eat soup quietly you should skip this course or only have soup in the privacy of your home.