3. Different forms of crime (2016)

Apunte Inglés
Universidad Universidad Autónoma de Barcelona (UAB)
Grado Criminología + Derecho - 1º curso
Asignatura Criminological Language
Profesor B.S.
Año del apunte 2016
Páginas 10
Fecha de subida 16/06/2017
Descargas 1
Subido por

Descripción

Apunts de l'assignatura criminological language, de primer de criminologia a la UAB amb la professora Bettina Steible, de l'any 2016

Vista previa del texto

Criminological language 1º Criminologia UAB UNIT 3: DIFFERENT FORMS OF CRIME 3.1: DEFINITION OF CRIME – REMINDER -Crime as an infraction of criminal law:  Crime is a behavior in violation of a criminal law. No matter how immoral, reprehensible or indecent an act may be, it is not a criminal act unless it is unlawed by the state.
 It has two elements:  Mens rea: person  Actus rea: act itself -Crime as a social construct:  Crime is relative and it is diverse. It has changed and it varies geographically and historically.
3.2: CLASSIFICATION Crime is not a homogeneous type of behavior.
 Big picture: we run the risk of being overly general and ignoring significant differences among crimes.
 Concrete cases: we run the risk of being too specific, of losing sight of the longer picture while getting lost in a maze of particular.
 Necessity to classify crimes There are two ways to classify them:  According to seriousness: misdemeanor vs felony (felony is the most serious). The consequence is that punishment is proportional to the seriousness.
 According to the type: violent crime, property crime, public order crime, organized crime and terrorism, white collar crime and corporate crime, and state crime.
1 Criminological language 1º Criminologia UAB 3.3: TYPES OF CRIME Violent crime Crimes against persons.
 Deeply emotive, widely presented in the media.
 Variety in the tolerance or approval of certain types of violent or aggressive behavior.
 It also differs historically and geographically, and it has changed, but there are still some limits.
Violent crimes include crimes where intentional harm is inflicted against another individual during the commission of the crime.
 May include the threat of intentional harm.
 The violence may be exercised by different means (weapons, poison, bodily contact…) Most violent crimes are felonies, therefore, the offender carries harsher punishment.
These are the different types of violent crimes (non-exhaustive list): Homicide: The killing of one person by another, regardless of the circumstances.
 Murder: It may be defined as the willful killing of one human being by another, with premeditation.
 Felony murder: A term some states use for a death that occurs during the commission of a serious felony, such as robbery or kidnapping. All the participants in such a felony can be charged with murder.
 Manslaughter: Willful killing of another human being, but without premeditation.
 Example: You see someone hurting your child and you grab your gun and shoot him.
 Negligent homicide: (= homicidi involuntari) The unintentional killing of another person, where the killer engages in a reckless conduct that causes death. However, there was no intent to kill.
Domestic violence / Gender-based violence: Domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other.
 Domestic violence = violència domèstica (children – parents)  Gender-based violence = violència de gènere 2 Criminological language 1º Criminologia UAB Partners may be married or not, regardless of the sexual orientation, they may be living together, separated or dating. Violence can be criminal and includes physical assault (hitting, pushing…), sexual abuse (unwanted or forced sexual activity) and stalking. Emotional, psychological and financial abuse are forms of abuse and can lead to criminal violence.
Assault: Threat of bodily harm that reasonably causes fear of harm in the victim.
Battery: An intentional unpermitted act causing harmful or offensive contact with the other person (it actually causes the harm).
Property crime They are not aimed at individual people, but they are aimed at property.
 The property may be destroyed or damaged.
 Usually people are not injured even though they may be harmed in some cases (for example, arson).
They range from lower level offences (vandalism) to high level felonies (armed robbery).
These are the different types of property crimes (non-exhaustive list): Traspass: Traspass is the unlawful entry into another individual’s property.
 Traspass can also include building a fence on the property line of another person’s property.
Burglary: Generally, burglary is the unlawful breaking and entering of someone’s property like their home, with the intent to commit a crime.
It is more serious than traspass.
Theft: Unlawful taking of another individual’s personal property. Take something that does not belong to you.
 Larceny: Unlawful taking of property from another person to use that property for personal use.
3 Criminological language  1º Criminologia UAB Robbery: One commits robbery by using force or the threat of using force to take money or property from another individual, such as pointing a gun at a bank teller and demanding cash.
 Shoplifting: Shoplifting is the theft or concealment of merchandise froma retail establishment without the intent to pay for it, such as placing items in one’s pocket and walking out of the store.
Vandalism: Willful destruction of property without permission of the property owner.
 Example: breaking of windows, graffiti or destruction of the foundation of the property.
Arson: Arson (= incendi provocat) is the crime of deliberately setting fire to any type of structure, building or forest land.
Public order crime With this type of crimes there are not direct victims, but they are not victimless. Some criminologists consider that there are secondary victims in any case.
 Example: The man who gambles the family’s money. (secondary victims: family) The “moving target” type is legal in some place at some times. There is a consensus on the fact that they cause some social harm.
 Debate as to whether the harm is great enough to criminalize them.
There is a wide variety in public order crimes: some are felonies and others are merely despised.
Alcohol and crime Alcohol is the substance that is the most directly linked to crime, especially violent crime.
 At least 70% of American prison inmates and 60% of British inmates are alcohol and / or drug addicted.
There are some offences that are directly related to alcohol.
 Example: driving under the influence of alcohol.
Drugs and crime Drug addiction is fairly similar to alcoholism in terms of brain mechanisms. Drugs are associated with violence in three ways:  Systemic association with violence: violence is part of “doing business” in the lucrative illicit drug business (must violent form).
4 Criminological language 1º Criminologia UAB  Economic-compulsive association with violence: the result of addicts’ efforts to gain money to purchase drugs.
 Pharmacological association with violence: induced by ingested drugs (rarest one).
Prostitution The act of engaging in sexual activity with someone in exchange for payment. Most of it is forced prostitution.
 Criminalization of prostitution is subject to debate.
 Forced prostitution is always criminalized.
In Spain it is not illegal if it is freely exercised. Procuring (=proxenetisme) and forced prostitution are criminalized. Some cities have adopted regulations in order to prohibit prostitution in public spaces.
In Europe there are some countries (Switzerland, Austria, Germany) where prostitution is legal and regulated. In other countries prostitution (the exchange of sex for money) is legal, but organized activities such as brothels or pimping are illegal, therefore, prostitution is not regulated (Spain, France, Italy, UK). In other countries (Russia, Romania, Belarus, Ukraine) prostitution is illegal, either buy sex and sell it. In the rest of countries (Ireland, Sweden and Norway) it is illegal to buy sex but it is legal to sell it, so the client is the one who is committing the crime.
Organized crime and terrorism – illegal acts by illegal organizations  Threatens human security.
 Violates human rights.
 Undermines economic, social, cultural, political and civil development of societies.
 Concern over organized crime and terrorism has increased over the last two decades.
 Proliferation of UN conventions.
 Increasing concern over terrorism as a result of the 9/11 attacks on the USA.
Organized crime: There is a convention which provides the most accepted definition (Convention of 2000, Palermo) “Organized crime means a structured group of 3 or more persons existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with the convention, in order to obtain, directly or indirectly a financial or other material benefit.
5 Criminological language 1º Criminologia UAB Diversified and global phenomenon, with macro-economic proportions. The movement of abolishing borders (fronteres) has benefited these organizations. They have managed to take advantage of this movement and globalization to expand.
Adaptability of organized crimes.
The appearance of new technologies has promoted the development of cyber-crimes.
There are many different forms, including trafficking in drugs, firearms and even human beings.
Trafficking in drugs Global illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws.
One place where drug trafficking organizations are a very serious problem is Mexico. They do not hesitate to use violence and corruption. Violence is not as prevalent in the US than it is in Mexico.
Trafficking in firearms Illegal trafficking of contraband weapons or ammunition.
There are some regulations in the use of firearms to try to prohibit the sale of weapons that are going to be used against human rights.
Trafficking in human beings Acquisition of people by improper means such as force, fraud or deception, with the aim of exploiting them. There is an intentional definition: “The recruitment transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others, or other forms of sexual exploitation, forced labor or services, slavery or similar practices, servitude or the removal of organs.
6 Criminological language 1º Criminologia UAB We can extract 3 elements from this definition:  The act: Acquire or receive someone, bring that person to another place or hold them captive. Acquire people to exploit them.
 The means: Use of the force, threat, fraud, deception (=lie), abuse of power, giving / receiving payments or benefits…  The purpose: exploitation.
Examples: forced prostitution of forced labor; forced marriage; slavery; servitude “Modern form of slavery”.
Smuggling of migrants  Procurement for financial or other material benefit of illegal entry of a person into a state of which that person is not a national or resident.
People who pay to another people so they can go to another country illegally. It is a crime not only for the illegal entry of people in a country but because the use of deception, and they often abuse of these people as well.
Trafficking in human beings vs. smuggling of migrants: - The objective is not the same:  Human trafficking: exploitation of the person upon their transfer from their country of origin to the host country.
 Smuggling of migrants: illegal transfer of a person from a country to another.
Money laundering (= blanquejament de diners)  “An act or attempted act to conceal or disguise the identity of illegally obtained proceeds so that they appear to have originated from legitimate sources (INTERPOL) When this crime is discovered it is more easy to get to other forms of crime and identify those types of criminals.
Terrorism Terrorism denotes the killing of humans by non-government political actors for various reasons, usually a political statement (non-universal definition of terrorism but European definition).
According to this definition we need two elements to define terrorism, an objective and a subjective element:  Objective element: list of serious criminal conduct  Subjective element: aim of seriously intimidating a population, unduly compelling a government or international organization to perform or abstain from performing any 7 Criminological language 1º Criminologia UAB act or seriously destablishing or destroying the fundamental political, constitutional, economic or social structures of a country or an international organization.
There are some forms of terrorism: (some examples) - Anarchist and violence in the 19th and 20th century – action and propaganda.
- Insurgency, violence and colonialism.
- Separatist terrorism: ETA, IRA - Revolutionary terrorism: Red brigades, FARC - Religious terrorism: extremist Christians against abortion in the US; the well-known AL Qaeda and ISIS - Transnational terrorism: AL Qaeda White Collar Crime -Term coined by Edwin Sutherland: “Crime committed by a person of respectability and high social status in the course of his occupation”  Unclear definition, subject to debate.
-Subsequent scholars have distinguished:  White Collar Crime: individuals  Corporate Crime: business organization - It is the use of a legitimate / illegitimate business company for illegal profit that distinguished it from the other categories of crime.
People who commit this type of crime are of the high-socioeconomic class, however, the crime has to be related to the job.
 Debate as to what qualifies as white collar crime: only economic crimes? Or also environmental, health, workplace, etc. crimes?  Traditionally we talk about economic crimes, conducts that are related to get money.
 It generally encompasses a variety of non-violent crimes committed in commercial situation for financial gains.
 It includes, among others:  Securities-related offences, bankruptcy, fraud against the government (contract and procurement fraud), consumer fraud, insurance fraud, bribery and political fraud.
State crime Crimes committed by the state and which have an agreement, consensus in the international level.
8 Criminological language 1º Criminologia UAB Tension very difficult to solve, and usually it has to be another government who solves it.
It is not individual crime, and it has to be committed in behalf of the state.
Issue of denial  very problematic: For example, with the cases of tortures in Guantanamo. At first, deny it. If there is an evidence, say that well, there is something, but it is not exactly torture.
The third stage is to admit it, but say that it is justified.
Crime against humanity There is no international treaty, but there is the Rome Statute on the ICC: “Crimes against humanity include any of the following acts committed as part of a widespread or systematic attack directed against any civilian population with knowledge of the attack:  Murder  Extermination  Enslavement  Deportation or forcible transfer of population  Imprisonment  Torture  Enforced disappearance of persons  The crime of apartheid  Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.
 Persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds.
 Other inhumane acts of a similar character internationally causing a great suffering or serious bodily or mental injury.
War crimes Serious violations of international humanitarian law (IHL) The difference between war crimes and crimes against humanity, is that crimes against humanity can happen both in peace time and in war time, while war crimes only can happen in war time.
 Most important IHL treaties: 4 Geneva conventions of 1949 and their additional protocols.
 Example: nuclear bombing of Nagasaki and Hiroshima 9 Criminological language 1º Criminologia UAB Torture United Nations conventions against torture and other cruel, inhuman or degrading treatment or punishment (UNCAT): Torture means any act by which severe pain or suffering, whether physical or mental, is inflicted on a person for such purposes, as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected from having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from inherent in or incidental to lawful sanctions”.
Example: Widespread use of torture in Guantanamo Bay.
To consider torture there are several elements that must be taken into account:  Pain (not only physical)  Committed by the government or public officials, on behalf of the state.
 To obtain some kind of information.
Genocide The 1948 UN convention on the prevention and punishment of crimes defines it as: “Any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:  Killing members of the group.
 Causing serious bodily or mental harm to members of the group.
 Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
 Imposing measures intended to prevent births within the group.
 Forcibly transferring children of the group to another group Example: Srebrenica  8000 Muslim men and boys were killed by Bosnian Serb troops in a place the UN was meant to be protecting during the Bosnian war.
10 ...

Tags: