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Nonviolent Crime and Criminals Chapter 6 Substance Related Crimes and Criminals Introduction Crimes committed to gain access to narcotics Crimes committed to resolve drug related disputes Behavioral reaction to mind altering influence of drugs Loss of control Increased sense of grandiosity Uncontrollable conduct stimulated Drug Related Crimes and Criminals Definition of substance abuse Risk Factors affecting connection between drug use and crime Pharmacological effects Economic effects Violence associated with drug use Drugs effect brain function and perception Violent and nonviolent crimes committed to obtain illegal substances Crimes committed to maintain dependence and avoid withdrawal Systematic connection One involved in selling drugs seeks justice for unpaid debts Drug Related Crimes and Criminals Drug crime relationship explanations and treatment Non causal, epiphenomenal Unidirectional Drugs don’t cause crime and crime doesn’t cause drug use Treat through psychoanalytic/behavioral therapy Crime caused drug use and drug use causes crime Treat through twelve step programs Bi-directional Drugs and crime are causes and effects of one another Treat by establishing therapeutic communities Drug Related Crimes and Criminals Walter’s integrated model Incentive and opportunity Established through fear – fear of rejection by drug using peer group Fear manifests when exposure to drug culture is great Associations with others Drawn to life of crime/drug use through dispositional/situational factors Personality characteristics of individual Individual expectations of drug use Quality of associations in drug culture Drug Related Crimes and Criminals Walter’s integrated model cont. Initiation and maintenance of criminal lifestyle Predisposing variables – already at risk for drug involvement Precipitating variables – introduction to drug use lifestyle Family history of drug use Pre-existing tendency to act impulsively/aggressively Peer or intimate introduction Experience with economic rewards Maintenance variable – encouragement of sustained involvement Ready source of income and/or recreational activity Alcohol Related Crimes and Criminals Personality traits correlated to criminal behavior while intoxicated Sensation seekers Risk takers Impulsivity Low self esteem Low self efficacy aggression Alcohol intoxication and behavioral changes Increased aggression Higher risk taking – especially in men Willingness to drive while intoxicated Engagement in property damage Gambling High risk sexual behavior Drug Dealing Highest arrest rates Harshest penalties Neighborhood characteristics Central location of community Physical deterioration Social disorganization Predicting drug use Low income of community residents Low status of residents occupations Drug Dealing Drug dealer profile Sell as alternative to low paying job or unemployment Overwhelmingly African-American/minorities Drug arrest practices Arrests in socially disorganized areas more accessible Arrest practices in mid and upper class neighborhoods more difficult Police patrol disorganized neighborhoods more frequently and intensely Drug and Crime Involved Women Female drug offenders tend to come from families where drug dependence and criminal behavior are common Positive non criminal and non drug using relationships help females in rehabilitation to discontinue drug use Females who enter drug treatment become dependent on social and family support Legal Aspects of Substance Related Crime Debate over whether alcohol/drug addictions are disabling illnesses or deliberate acts of misconduct Diminished mental capacity not appropriate defense when intoxication is voluntary Involuntary intoxication – one can rely on diminished capacity defense Substance induced disorders can be claimed as diminished capacity in face of criminal charges Treatment Opportunities Some states offer treatment programs for addicts Small percentage of drug users receive needed treatment/rehabilitation Organized Crime Money Laundering Evolving universal definition of money laundering Current wide ranging definitions Concealing the existence of income, then disguising it to make it appear legitimate Process of taking proceeds of criminal activity and making them appear legal Goal of making funds derived from illicit activity appear legitimate Major participants Illegal drug traffickers Illegal arms dealers Money Laundering Essential activities to money laundering Placement Layering Changing illicitly derived money into a non illicit form and then placing that money into a legitimate financial system Movement of these funds to conceal illicit funds Integration Reintroduction of the money into a legitimate financial economy Gambling/Loan Sharking/Numbers Running Monetary proceeds received second only to illegal drug sale and distribution Bookmaking Loan Sharking Taking bets on sporting events – bookies get interest on losses Bookies lend money to gambler with high interest rates Numbers Running Similar to “daily number” of state lotteries Cheaper and better pay offs Caters to and facilitated by poor urbanites Racketeering Definition Includes but not limited to murder, kidnapping, gambling, arson, embezzlement, bribery Don’t have to commit to be charged (co-conspirator) Labor racketeering Illegal infiltration into labor unions for personal Victims are members of labor unions Skimming Money taken off the top of cash transactions Unreported, tax free income Bankruptcy fraud Partner with legitimate business establishments to commit fraud Organized crime syndicates obtain money/merchandise without the bank’s knowledge and legitimate business files bankruptcy White Collar Crime Defining White Collar Crime Edwin Sutherland Crime committed by respectable person of high social status in the course of their occupation Too general Donald Gibbons Violation of business rules to benefit legitimate enterprises Does not account for fraud and embezzlement Clinnard & Quinney Occupational crime Non violent infractions of legal codes within an otherwise legitimate enterprise US Congressional Subcommittee on Crime Illegal act committed by nonphysical means and concealment to obtain money/property or personal/business advantage Embezzlement Definition Criminal profiles Theft of goods that one had been entrusted with by another Often highly educated Known to the person from whom they are stealing Tend to be the model employee Manipulative and scheming Triggers Economic hardship Manufactured economic needs To compensate for health care or treatment needs SEC Violations – Insider Trading Misperception of insider trading definition Insiders with trading restrictions Illegal insider trading Directors/owners/officers that have decision making authority affecting the entire organization Information not made public used for personal profit No clear definition of what comprises insider information SEC Violations – Securities Fraud Securities and commodities fraud The sale, transfer, or purchase of securities or money interests in business activities of others “Boiler-room” operations Used to promote sales of fraudulent securities or to acquire charitable donations from unknowing donators Fraud Internet Fraud Five general types Acts to prevent spammers Auction and retail schemes Business opportunity schemes Identity theft and fraud Investment schemes Credit card schemes Computer Fraud and Abuse Act Communications Privacy Act Legal consequences Imprisonment Serious fines Telemarketing Fraud False promises made offering goods or services, requesting investments or asking for charitable donations Differentiating fraud from legitimate enterprises Goals of illegitimate enterprises Reloading Make the scheme seem to be a charitable cause worthy of payment Obtaining immediate payment – before victim can inspect value Devising a perception of validity Fraudulent operations re approaches those victims it has been successful in scheming in the past Geographical location Less likely that tracking will occur if the victim and the illegitimate business are in separate states. Telemarketing Fraud Varying telemarketing schemes Charity schemes Credit card schemes Lottery schemes Magazine/prize promotion Credit repair and loan schemes Investment/business opportunity schemes Identity Theft and Identity Fraud Loose definition Purpose Personal information obtained and used by offenders Methods Shoulder surfing Dumpster diving 1998 law – Identity Theft and Assumption Deterrence Act Other types of Fraud Health care fraud Submission of false claims Payment or receipt of bribes Self referrals Offenders and Victims Victim characteristics Anyone – especially if careless Elderly more vulnerable to financial fraud Victims of internet fraud Victims of identity theft and fraud Extremely trusting Disclose personal information to others (known and unknown) Victims of telemarketing fraud Careless in disclosing personal data while online Agree to pay advance fees Victims of fraudulent behavior in past Names purchased from lead brokers Offenders Motivated by money Low recidivism rate Internet Crime Electronically Generated Child Pornography Definition of crime Knowingly mailing/transporting any child pornography Child pornography prevention act (1996) What computer generated child pornography can lead to Pedophiles use images to whet deviant appetites and lure children into sexually explicit activities Desensitizes viewers into a pathology of sexual abuse/exploitation of children Cyberstalking Use of the internet to harass victims Practices Search chat rooms for vulnerable individuals Spy on a person’s online activities anonymously Stalking Background Information Common elements Varying clinical definitions Unwanted behavioral intrusion Implicit or explicit threat Reasonable fear is experienced Obsessional following Treatment is relatively new Collection of stalking scarce until recently Love obsessional stalker Celebrity stalking Offender profiles Mental illness Lack of successful intimate relationships Socially maladjusted Initiate correspondence with the victim and when they do not receive a response – frustration and anger Erotomanic stalker Delusional thought patterns convince the offender he/she is truly loved by the victim Perpetrators are usually female and rarely act in physically violent manner Victims are typically men of high socioeconomic status or celebrity status Stalker profile/motivations Antisocial personality disorder Borderline personality disorder Unrealistic sense of importance of relationship’s intensity Stalks after being rejected after short term relationship Histrionic personality disorder More violent stalkers Emotionally dramatic stalkers Considers relationships more intimate than they are Narcissistic personality disorder Rely on stalking fantasies to fulfill their own psychological emptiness Predispositional Theories Disturbances in early attachment relationships Recent loss in adulthood acting as a triggering factor Terminated marriage Loss of a job Messy divorce Death of a parent Sexual Harassment Developments in the Law Not addressed until 1986 Two prong test to determine a hostile work environment Reasonableness standard Perception standard Treating sexual harassment as outcome of a legal test that takes into consideration totality of circumstances in the workplace Sexual Harassment: Types, Models and Modalities Types Quid pro quo Hostile work environment Supervisor demanding sexual favors in exchange for tangible job benefits Employee is a victim of unwelcome sexual conduct Broad based models Sex role spillover theory Tendency of men to invoke sex based stereotypes Sexual harassment is the result of an encouraging individual and situational factors Modalities Verbal Harassment Physical harassment Visual hrassment Mental health concerns Victims suffer from anger, depression, anxiety and substance use/abuse Poor coping mechanisms lead to more serious psychopathologies Females experience higher levels of psychological distress than male victims Property Crimes Theft Larceny theft Burglary Unlawful entry of a structure to commit a felony or theft Motivation Unlawful taking, carrying leading or riding away of property from the possession of another Results in more arrests for females and juveniles Drug use Offenders lifestyles Know others who engage in deviance Exposure to criminal activities Absence of capable guardians Theft Unemployment has a positive impact on commission of property crimes Unemployment Property Crimes Arson Willful and malicious burning of property Essential components to designate an act as arson Burning of property or actual destruction of a target Presence of intent Condition of malice Arson Types of arson Serial arsonist Spree arsonist Three or more fire setting incidents with cooling off periods between Unpredictable and most serious Three or more fires at separate locations with no cooling off period Mass arsonist Three or more fires at same location within a limited amount of time Motivations – John Douglas Vandalism Excitement Revenge Crime concealment profit Profiles – Holmes and Holmes White males Between ages of 16 and 28 Poor academic adjustment Criminal histories linked to delinquency Repressed rage toward society Feelings of inadequacy, inferiority and reclusive-ness Alcohol/drug use Prostitution Why women engage in prostitution No consistent profile To acquire money for drug habit Financial provisions for minorities or those in lower classes Product of enduring childhood/life long patterns of abuse by men Product of enduring childhood sexual abuse Product of literal or psychological abandonment Product of run away behavior Impact on Women’s Lives Emotional damage resulting from stigmatizing factors such as Negative social attitudes Loss of control over work situation Harassment from clients and the police Increased opportunities for violence against women Organizations representing women in the sex industry National Task Force on Prostitution - Women have right to determine how they use their bodies US Prostitutes’ Collective – sex work is a class isue WHISPER – prostitutes are victims of a patriarchal structure Impact on Women’s Lives Financial independence Sexual power Self-reliance Limitations of research