The Debate Over Recent Recorded Crime in Turkey

Crime is a serious problem in the developed world. Turkey is no exception to this rule. Despite the relatively low levels of street and organized crime, Turkey faces numerous legal, judicial, and crime issues. As a country that seeks to become a member of the European Union, Turkey makes everything possible to reduce its crime rates. Still, the problem of human rights and hate crimes remains particularly acute.

With the emergence of new social institutions and the growing role of gender in social relationships, hate crimes have become an essential element of daily routines in Turkey. In the meantime, the judicial system lacks any single definition of hate crime, making it difficult to improve the crime situation. Given that democratization trends in Turkey will continue, it is important for the country to develop a specific definition of hate crime, make it one of the crime categories defined by law, create a special department responsible for the investigation of hate crimes, and monitor the enforcement of Article 216 of the Criminal Code of Turkey that outlaws discrimination crimes.

Crime Situation in Turkey

Any Attorney General would be proud of the fact that his country has one of the lowest levels of crime compared with the rest of the developed world. In the case of Turkey, the picture of the low crime rates does not seem to be compatible with the rapid rates of urbanization, industrialization, and population growth (Ergener & Ergener, 2010). The rates of incarceration in Turkey are 100 per 100,000 population, compared with 40 in Japan, 95 in Germany, 125 in Great Britain, and 680 in the United States (Ergener & Ergener, 2010). Istanbul, the cultural and business capital of Turkey, has low rates of crime compared with other metropolitan areas. Although the population of Istanbul is equal to that of Rome, Athens, and Berlin combined, the rates of crime are 50 percent lower than those in each of these cities (Ergener & Ergener, 2010).

Nick Cowen (2012) of the Institute for the Study of Civil Society provides detailed crime statistics for Turkey, compared with other OECD countries. The number of officially recorded cases of crime is roughly 3.3 per 100,000 population (Cowen, 2012). The number of rape cases recorded by police is 1.5 compared with 91.9 per 100,000 population in Australia (Cowen, 2012). Only 11 cases of robbery per 100,000 population are registered in Turkey, against 1762 per 100,000 people in Belgium (Cowen, 2012). Recorded cases of assault are 218 per 100,000 population, compared with 1487 cases per 100,000 people in Scotland (Cowen, 2012). Only 161 cases of burglary are registered against 1939 cases in Denmark, both per 100,000 population (Cowen, 2012).

Hate Crime in Turkey

Turkey has been quite successful in its anti-crime strategies. Nevertheless, certain types of crime remain a stumbling block on Turkey’s way to the European Union. Recently, Turkey has witnessed the growing number of sexual, gender, and religious minorities in the country. Meanwhile, European and American mass media report high incidence of hate crime in Turkey, coupled with the lack of effective law enforcement mechanisms.

Gay rights in Turkey are absolutely unprotected (Turkey’s gay rights groups express shock that LGBT abuse isn’t deemed a hate crime, 2013). The country never explicitly criminalized same-sex relationships, but hate crime remains a serious problem for the Turkish society. Hate crime is often claimed to be based on the traditional Islamic values, which do not accept same-sex relationships (Turkey’s gay rights groups express shock that LGBT abuse isn’t deemed a hate crime, 2013).

The draft of the hate crime law that has been submitted to the Cabinet does not contain any separate provisions against the crimes based on ethnic identity or sexual orientation (Ethnicity, sexual orientation excluded in hate crime draft presented to Turkish Cabinet, 2013). The document causes dismay and confusion in LGBT communities in Turkey (Ethnicity, sexual orientation excluded in hate crime draft presented to Turkish Cabinet, 2013). Time has come for Turkey to expand its democratization ideals and address the topic of hate crime. The goal of the new anti-crime policy will be to minimize the risks and incidence of hate crimes based on ethnic identity, religious affiliation, and sexual orientation, while strengthening the enforcement of the new and existing hate crime laws.

New Policy to Combat Hate Crime

The first step to combat hate crimes is to strengthen and monitor the enforcement of the existing laws. According to article 216 of the Criminal Code of Turkey (2004),

“any person who openly provokes a group of people belonging to a different social class, religion, race, sect, or coming from another origin, to be rancorous or hostile against another group, is punished with imprisonment from one year to three years in case such act causes risk from the aspect of public safety.”

The article will become the foundational pillar of the new policy against hate crimes. Its provisions will be enforced and updated to reflect the changing conditions of hate crime in Turkey. It will serve as the basis for developing new provisions to be approved by the Cabinet. These provisions will cover hate crimes based on sexual and ethnic prejudice. Sexual orientation will also be included in the new definition of hate crime.

The second step is to ensure that hate crime is one of the main crime categories fixed by law. At present, the National Police System divides all crimes into four categories: smuggling, public order crimes, security crimes, and terrorism (Bahar & Fert, 2008). Terrorism can be ideological, political or religious (Bahar & Fert, 2008). Smuggling is categorized as involving drugs or weapons (Bahar & Fert, 2008). Security crimes are related to trade union and community incidents, whereas all other crimes fall under the public order category (Bahar & Fert, 2008).

Obviously, none of these categories seems to be suitable for hate crimes, whose nature varies considerably, depending on the circumstances of the case. Consequently, a new category of crime should be created, in which hate crimes will be subdivided into other subcategories, depending on the object of the crime (e.g., sexual orientation or ethnicity). The government and law enforcement agencies will develop a comprehensive definition of hate crime and define its criteria. As such, hate crime will become an important element of the Turkish law enforcement agenda.

The third step will be to create a separate department that will monitor and investigate cases of hate crime. As of today, the Turkish National Police and Turkish Gendarmerie are responsible for all law enforcement activities in Turkey (Karakus, McGarrell & Basibuyuk, 2010). 200,000 employees work in the Turkish Police (Karakus et al., 2010). Many specialized units have been created for certain types of crime. For instance, the Public Order Department is responsible for monitoring and investigating the crimes involving public order, whereas cases of terrorism are investigated and controlled by the Department of Terrorist Crime (Bahar & Fert, 2008).

Various support agencies are actively involved in the processes of prevention, detection, and investigation of crimes, but none of them has any specific obligations in relation to hate crime. With the growing incidence of these crimes, the national police and judicial system need a separate Hate Crime department, which will help to alleviate the problem and create an atmosphere of equity and justice in Turkish communities. Certainly, even the best Attorney General will never incorporate the proposed changes overnight, but they will certainly become the first steps towards establishing peace and security in the Turkish society.

Conclusion

Turkey is well-known for its effective anti-crime policies. Not surprisingly, the rates of crime in Turkey are among the lowest in Europe. While the developed world tries to solve the problems of rape, burglary, aggravated assault, and robbery, Turkey maintains the atmosphere of relative stability in most communities. Still, the growing incidence of hate crime remains a stumbling block on Turkey’s way to the European Union. The proposed strategy to deal with hate crime includes three basic elements. First, the country will strengthen its law enforcement efforts, to make sure that the existing laws work. Second, a comprehensive definition of hate crime will be developed and included in the list of the main crime categories that are currently fixed by law. Third, a separate Hate Crime department will be created to monitor and investigate the cases of hate crime. These steps will make it easier for Turkey to achieve its ideals of democracy, equity, and civil protection.

References

Bahar, H.I. & Fert, I. (2008). The debate over recent recorded crime in Turkey. International Journal of Social Inquiry, 1(1), 89-104.

Cowen, N. (2012). Comparisons of crime in OECD countries. London: CIVITAS Institute for the Study of Civil Society.

Criminal Code of Turkey. (2004). Web.

Ergener, R. & Ergener, R. (2010). About Turkey. New York, USA: Pilgrims Process, Inc.

(2013). Hurriyet Daily News. Web.

Karakus, O., McGarrell, E.F. & Basibuyuk, O. (2010). Fear of crime among citizens of Turkey. Journal of Criminal Justice, 38, 174-184.

(2013). Huffington Post. Web.

The Uniform Crime Statistics Over 5 Years

Introduction

The Uniform Crime Report is a series of annual studies on criminological data. The report includes official data on the seven major felony offenses that have been reported to the police departments of Happy Town, Frown Town, Smooth Town, and Cool Town during years 2010-2015. The categories of crime that have been included in the statistics and further analyzed are violent crimes (murder and nonnegligent manslaughter, forcible rape, robbery, aggravated assault) and property crimes (burglary, larceny-theft, and motor vehicle theft). These offenses have been chosen because they are serious crimes and regularly occur in the given areas. The data presented in the report reflect the Hierarchy Rule, so in a multiple-offense incident, only the most serious offense has been counted.

A data-gathering strategy that has been chosen is the document review strategy. This qualitative method of collecting data involves a systematic collection and analysis of data gathered from law enforcement agencies. Types of data include reports, data files, and other written artifacts. This strategy has been chosen because documents that are reviewed can be verified independently (Liebling, Maruna, & McAra, 2017). The crime data have been submitted through the state UCR Program. In order to ensure that data are uniformly reported, law enforcement agencies have been instructed on how to classify and score offenses. All the reports obtained from law enforcement agencies have been examined for accuracy and consistency using cross-checking procedures.

Crime Statistics in Happy Town for 2010-2015

Table 1 shows the estimated rates of different categories of crime in Happy Town per 100,000 inhabitants. Based on Table 1, Table 2 has been created to show the percent change in rate per 100,000 inhabitants. It can be seen that during 2010-2015, there was a constant increase in the crime rate. The 2015 violent crime rate has increased by 9,7% as compared to the 2014 violent crime rate. Compared to the 2013 violent crime rate, the 2015 violent crime rate increased by 24,3%. There is a 5,7% increase in the 2015 murder and nonnegligent manslaughter rate as compared to 2014. In comparison with 2010, the increase in this rate is much more dramatic and equals 100%. All the other 2015 crime rates have increased as compared to all the previous years. Such an increase in crime must be viewed as a subject of great concern.

Table 1. Crime in Happy Town by Rate per 100,000 Inhabitants.

Year Population Violent crime rate Murder and
nonnegligent
manslaughter
rate
Forcible rape rate Robbery rate Aggravated assault rate Burglary rate Larceny-theft rate Motor vehicle theft rate
2015 125336 128,45 5,58 9,57 44,68 68,62 14,36 170,74 16,75
2014 132426 117,05 5,29 9,06 40,02 62,68 14,35 154,80 16,61
2013 140326 103,33 4,28 5,70 34,92 58,44 12,11 141,10 12,83
2012 161331 86,16 3,10 2,48 30,99 49,59 11,16 124,59 12,40
2011 173111 75,10 2,31 1,73 27,73 43,32 8,09 93,00 12,13
2010 168010 65,47 0,00 1,19 21,43 42,85 5,95 96,42 10,12

Table 2. Crime in Happy Town, Percent Change in Rate per 100,000 Inhabitants.

Years Violent crime rate Murder and
nonnegligent
manslaughter
rate
Forcible rape rate Robbery rate Aggravated assault rate Burglary rate Larceny-theft rate Motor vehicle theft rate
2015/2014 +9,7 +5,7 +5,7 +11,6 +9,5 +0,1 +10,3 +0,9
2015/2013 +24,3 +30,6 +67,9 +28,0 +17,4 +18,5 +21,0 +30,6
2015/2010 +96,2 +100,0 +704,3 +108,5 +60,1 +141,3 +77,1 +65,6

Crime Statistics in Frown Town for 2010-2015

Table 3 shows the estimated rates of different categories of crime in Frown Town per 100,000 inhabitants. Based on Table 3, Table 4 has been created to show the percent change in rate per 100,000 inhabitants. It can be seen that during 2010-2014, there was a constant increase in the violent crime rate. The decline in the 2015 violent crime rate stems from the decrease in the number of murders and robberies. The property crime rate did not change significantly for years 20112-2014. In 2015, though, the property crime rate dropped due to the decrease in the number of larceny-thefts and motor vehicle thefts.

Table 3. Crime in Frown Town by Rate per 100,000 Inhabitants.

Year Population Violent crime rate Murder and
nonnegligent
manslaughter
rate
Forcible rape rate Robbery rate Aggravated assault rate Burglary rate Larceny-theft rate Motor vehicle theft rate
2015 111002 72,97 0,00 1,80 23,42 47,75 12,61 113,51 16,22
2014 110830 91,13 0,00 1,80 30,68 58,65 13,53 129,03 19,85
2013 110750 81,26 1,81 0,90 23,48 55,08 15,35 127,31 16,25
2012 110350 76,12 1,81 1,81 20,84 51,65 16,31 128,68 18,12
2011 110111 68,11 0,00 0,91 17,26 49,95 12,71 126,24 19,07
2010 108350 58,14 0,00 1,85 7,38 48,92 9,23 129,21 15,69

Table 4. Crime in Frown Town, Percent Change in Rate per 100,000 Inhabitants.

Years Violent crime rate Murder and
nonnegligent
manslaughter
rate
Forcible rape rate Robbery rate Aggravated assault rate Burglary rate Larceny-theft rate Motor vehicle theft rate
2015/2014 -19,9 0,0 -0,2 -23,6 -18,6 -6,8 -12,0 -18,3
2015/2013 -10,2 -100,0 +99,5 -0,2 -13,3 -17,8 -10,8 -0,2
2015/2010 +25,5 0 -2,4 +217,2 -2,4 +36,7 -12,2 +3,4

Crime Statistics in Smooth Town for 2010-2015

Table 5 shows the estimated rates of different categories of crime in Smooth Town per 100,000 inhabitants. Based on Table 5, Table 6 has been created to show percent change in rate per 100,000 inhabitants. It can be seen that compared to 2010, the 2015 crime rate decreased by 15,6%. However, compared to 2013 and 2014, it increased by 2,4% and 4,3% correspondingly. Rates of property crimes did not change significantly during 2012-2014, though there is a decrease in the 2015 burglary and larceny-theft rates as compared to those for 2014.

Table 5. Crime in Smooth Town by Rate per 100,000 Inhabitants.

Year Population Violent crime rate Murder and
nonnegligent
manslaughter
rate
Forcible rape rate Robbery rate Aggravated assault rate Burglary rate Larceny-theft rate Motor vehicle theft rate
2015 156336 63,96 3,20 3,20 6,40 51,17 11,51 102,98 11,51
2014 148426 61,31 2,69 2,69 5,39 50,53 12,80 112,51 11,45
2013 147326 62,45 2,04 2,72 4,75 52,94 11,54 110,64 12,22
2012 145311 64,69 3,44 2,06 6,19 52,99 12,39 111,49 13,76
2011 145111 61,33 2,76 2,07 4,82 51,68 9,65 110,95 14,47
2010 120010 75,83 0,00 4,17 6,67 64,99 8,33 134,99 14,17

Table 6. Crime in Smooth Town, Percent Change in Rate per 100,000 Inhabitants.

Years Violent crime rate Murder and
nonnegligent
manslaughter
rate
Forcible rape rate Robbery rate Aggravated assault rate Burglary rate Larceny-theft rate Motor vehicle theft rate
2015/2014 +4,3 +0,0 +18,7 +18,7 +1,3 -10,1 -8,5 +0,5
2015/2013 +2,4 +57,1 +17,8 +34,6 -3,3 -0,2 -6,9 -5,8
2015/2010 -15,6 +100,0 -23,2 -4,0 -21,3 +38,2 -23,7 -18,7

Crime Statistics in Cool Town for 2010-2015

Table 7 shows the estimated rates of different categories of crime in Cool Town per 100,000 inhabitants. Based on Table 7, Table 8 has been created to show the percent change in rate per 100,000 inhabitants. It can be seen that the 2015 violent crime rates and property crime rates dropped as compared to the 2014 crime rates. In general, property crime rates decreased during 2011-2015 with only a few rates not fitting this tendency. Since 2010, the robbery rate has had a tendency to increase.

Table 7. Crime in Cool Town by Rate per 100,000 Inhabitants.

Year Population Violent crime rate Murder and
nonnegligent
manslaughter
rate
Forcible rape rate Robbery rate Aggravated assault rate Burglary rate Larceny-theft rate Motor vehicle theft rate
2015 175336 46,20 0,00 1,14 14,83 30,23 7,98 71,86 10,27
2014 165486 61,03 0,00 1,21 20,55 39,28 9,06 86,41 13,29
2013 154126 58,39 1,30 0,65 16,87 39,58 11,03 91,48 11,68
2012 143231 58,65 1,40 1,40 16,06 39,80 12,57 99,14 13,96
2011 133119 56,34 0,00 0,75 14,27 41,32 10,52 104,42 15,78
2010 128010 49,21 0,00 1,56 6,25 41,40 7,81 109,37 13,28

Table 8. Crime in Cool Town, Percent Change in Rate per 100,000 Inhabitants.

Years Violent crime rate Murder and
nonnegligent
manslaughter
rate
Forcible rape rate Robbery rate Aggravated assault rate Burglary rate Larceny-theft rate Motor vehicle theft rate
2015/2014 -24,3 0,0 -5,6 -27,8 -23,0 -11,9 -16,8 -22,8
2015/2013 -20,9 -100,0 +75,8 -12,1 -23,6 -27,6 -21,4 -12,1
2015/2010 -6,1 0 -27,0 137,3 -27,0 2,2 -34,3 -22,7

Conclusion

Violent and property crime rates differ for all four areas with no common tendency being found. As for the crime situation in Happy Town, the crime does not go in cycles but grows in scale. In contrast, a decrease in the 2015 crime rate of Frown Town as compared to the 2014 crime rate can be attributed to criminal investigations, arrests, and community involvement. As compared to the previous four years, the violent crime rate and the property crime rate at Cool Town are at their lowest. Compared to the other three areas, the violent crime rate at Cool Town is the lowest, and the second lowest violent crime rate is observed in Smooth Town. In 2015, the highest violent crime rate can be observed in Happy Town.

Reference

Liebling, A., Maruna, S., & McAra, L. (Eds.). (2017). The Oxford handbook of criminology (6th ed.). Oxford, England: Oxford University Press.

Social Deviance and Crime Organizations

Social deviance has been a “normal” abnormality for many years. Deviance is defined as a “recognized violation of cultural norms” (Hollemans, 1998). However, within the realms of difference crime organizations, adult members have grown up knowing no other form of life. Therefore, for these people, having a life in organized crime is a cultural norm.

In the Utah State Prison, one of the most prominent gangs in the Odgen Trece. Although membership is small, this Latino gang is extremely violent. It has been in existence for about 30 years and was created by Robert Terrazas when he was only twelve years old. Several of his biological family members are also incarcerated within the Utah State Prison. In the documentary “Lockdown: Utah State Prison,” his niece, Natalie, was interviewed.

At 27 years old, this is the only way of life she has ever known. Natalie has lost permanent custody of 4 of her five children, and the youngest is currently living with relatives. Although Natalie stated that she wished to do better by her daughter, she also states that it will be very difficult not to fall back into the gangway of life (cite the website for this program).

In the past, these types of deviant behavior were thought to belong almost exclusively to men. In the last 30 years, however, more women are becoming part of this “norm.” Although methamphetamine production was initially introduced in the 1960s through the exclusively male motorcycle club The Hells Angels, statistics show that in the recent past and current years, women are taking an active role in the use, production and distribution of methamphetamine (Jankot).

There is a hierarchy within the methamphetamine production organization. The most respected member of a team of individuals who produce this drug is the cook. This person is the individual who “cooks” the final product. This is the most respected individual who is on the team. Just under this position is the gas man, or juicer, who is the person that gets the anhydrous ammonia. This is a chief chemical in the production of methamphetamine and is very dangerous.

The ammonia is highly flammable and, when combined with water, creates a painful contact chemical burn to the skin. Additionally, when this product is inhaled directly, it causes chemical burns to the airway and lungs. The Shopper is the individual who gets the ingredients for the methamphetamine, and the Drug Ho’s provide sexual services to the cook’s for a high As the production of this drug gets larger, the group will splinter into other groups which generally maintain some sort of contact.

When the words “organized crime” are spoken, individuals commonly think of Mafioso. However, both of these criminal activities shown above are examples of organized crime. Organized crime is a group of individuals who band together for the exclusive of committing illegal activities. It is very difficult to get out of an organized crime “syndicate,” but it is possible. However, many individuals who have only known this way of life have a hard time resisting the lure of easy money and the adrenaline rush that comes with belonging to the gang (Smalley, 2009).

In conclusion, a member of an organized crime syndicate may not be able to walk away simply. There are many organizations that assist gang members in the attempt to withdraw from gang life, such as Operation No Gang, which operates out of El Paso, Texas, and the Southern area in New Mexico. Their goal is to assist young people in finding alternative lifestyles to prevent them from returning to gang life (Gallardo, n.d.). This can be effective for some individuals, but limited statistics do show that because a “gang banger’s” friends and family are all involved with this way of life, the individual, more likely than not, will eventually return, even if it is only to visit (Smalley, 2009).

References

Gallardo, R. (n.d.). Operation no gangs, the decision to live out the gangster lifestyle: “smile now cry later” – guaranteed. Web.

Hollemans, D. (1998). . Web.

Jankot, R. (2007). “Cooks are like gods”: hierarchies in methamphetamine producing-groups. Deviant Behavior, 29, pp 667-689. © Tayler & Francis Group, LLC 0.

Lockdown: Utah State Prison (2007). Web.

Smalley, S. (2009). The draw of “dead town.” Web.

White-Collar Crimes and Deferred Prosecution

Compared to common criminals, corporations relish a number of benefits in case of legal action against them due to the possibility of entering into a deferred prosecution agreement (DPA). The major advantage of such practice is avoiding trial and imprisonment (Apuzzo). Corporations refrain from potentially catastrophic collateral aftermath of being involved in the criminal justice system (Bourjaily 543). The conditions of a DPA presuppose that if the defendant succeeds in fulfilling the provisions required by the prosecutor, the charges are dismissed, and the case is closed (Reilly 839). Thus, a corporate defendant’s advantage is that unlike an individual defendant, their criminal misconduct, however serious, can almost always be alleviated by following the agreement’s terms (Reilly 840). Also, the company can retain its reputation if it avoids legal prosecution (Bisgrove and Weekes 420). Additionally, corporations save money on avoiding lengthy legal proceedings and preventing punishment of those employees who were not involved in criminal activity. This way, the so-called whole company effect can be avoided, and innocent workers do not feel the negative implications of their colleagues’ wrongdoings.

Other stakeholders impacted by resolving corporate crimes with the help of DPA are stockholders and customers. For them, DPA seems to offer positive outcomes since they can avoid negative consequences of criminal prosecution acts against corporations (Reilly 842). If an organization’s accounts do not become frozen, and the company continues working, innocent parties will not suffer. Research indicates that clients tend to break contracts with corporations that have lost their trust due to financial scandals and legal action (Bourjaily 546). Therefore, the use of a DPA has beneficial outcomes for all stakeholders.

However, despite DPA’s advantages for stakeholders, there is a major discussion in the modern criminal justice system as to its negative effects. First of all, judges and prosecutors are concerned with the fact that by using a DPA, the justice system loses the opportunity to “recover the proceeds of any wrongdoing” or affect the company’s governance (Bisgrove and Weekes 418). Another concern is related to the prosecution of fewer individuals in case of employing a DPA (Reilly 842). Additionally, experts in criminal justice consider that there is an increased likelihood of “abuse and exploitation” in the processes of negotiation and implementation of agreements (Reilly 843). Further, a DPA does not provide sufficient transparency or adequate access to all interested parties in the justice process (Reilly 843).

Bourjaily identifies two dangers of the DPA: creating “a shadow system of adjudications” and promoting a perception that some corporations are “too big to jail” (547, 549). The first problem lies in the impossibility to control the negotiations under the DPA approach. The second danger is that the double standards used for prosecuting some corporations undermine the principles of fairness in which people believe (Bourjaily 549). Therefore, it is necessary to revise the DPA principles and minimize the risk of citizens’ disappointment and disbelief in the system of justice.

Individuals who are accused of a white-collar crime should be treated the same as corporations. Large companies escape responsibility too easily, and many judges express their concern about the lack of fairness between the approaches used to prosecute individual and collective white-collar crimes (Apuzzo, Reilly 840). If the system makes allowances to corporate wrongdoers, it should create the same conditions for individual white-collar criminals. Either this or revising the DPA system, but terms should be equal for all kinds of lawbreakers.

Works Cited

Apuzzo, Matt.The New York Times. 2015, Web.

Bisgrove, Michael, and Mark Weekes. “Deferred Prosecution Agreements: A Practical Consideration.” Criminal Law Review, vol. 6, 2014, pp. 416-438.

Bourjaily, Gordon. “DPA DOA: How and Why Congress Should Bar the Use of Deferred and Non-Prosecution Agreements in Corporate Criminal Prosecutions.” Harvard Journal on Legislation, vol. 52, pp. 543-569.

Reilly, Peter. “Corporate Deferred Prosecution as Discretionary Injustice.” Utah Law Review, vol. 2017, no. 5, 2017, pp. 839-883.

Crimes Classification in American Criminal Law

The American legal system recognizes two main types of court actions, namely, criminal and civil actions (Ashworth and Horder, 2013). A civil action involves a dispute between the wronged party (the plaintiff) and the accused party (the defendant). The dispute involves claims of imposition of injury and/ or destruction of property. On the other hand, a criminal action involves the state or society bringing a case against the accused party in the determination of whether the latter committed the offence in question, thereby leading to punishment of the guilty party (Herring, 2012).

The goal and objective of a civil case is to ensure that the legal duty entitled to the plaintiff is fulfilled by the defendant. On the contrary, the goal of a criminal case is to prosecute the accused party and ensure justice prevails, that is, the determination of innocence or guilt of the accused party.

The remedy and outcome of a civil case is the financial compensation of loss suffered by the plaintiff, if the defendant is considered guilty of the accusation. On the other hand, the outcome of a criminal case involves imprisonment or payment of a fine by the guilty party.

The plaintiff in a civil case commences legal action by filing a complaint against the accused party in a court of law. The plaintiff can also call the defendant to testify and vice versa. In a criminal case, however, the prosecutor, acting on behalf of the state or society, is tasked with filing the case with the court. In this case, the victim does not file the complaint as in the case of a civil action. In addition, the victim cannot be forced to testify in a criminal case (Ross, 2014).

In some instances, the same action or conduct can lead to prosecution as a civil and criminal case. For instance, an individual may be accused of stealing from a patron withdrawing money from an ATM at gunpoint. This situation can be considered as a criminal and civil case.

The elements that constitute the above crime are mens rea and actus reus. According to Lippman (2012), mens rea refers to the mental aspect involved in the crime committed by the accused party. An individual’s state of mind must be ascertained prior to committing the crime, in order to determine the existence of the intention to cause harm. In the above case, the defendant commits the crime purposefully as evidenced by the use of a gun to rob the plaintiff. Actus reus on the other hand, constitutes the guilty act committed. The physical act of robbing the plaintiff by the defendant is considered as actus reus. The situation presented above can be defined legally as armed robbery. An armed robbery is a violent crime that involves use of force or threat to use force in order to impose fear on the victim and take something of value.

Mala in Se crimes are those considered as morally wrong according to the society (Samaha, 2014). The armed robbery crime explained above is an example of a mala in Se crime. This is because the crime involves the defendant’s premeditated intention to cause harm to the plaintiff, an act considered as immoral by the society.

According to the state of California, a felony is defined as a serious offence punishable by death or one that attracts an incarceration charge of more than one year in a county jail or state prison (Howle, 2010). As per the armed robbery case, the felony is classified as a first degree robbery thereby attracting a charge of 3 to 9 years in prison.

Credibility of sources

I evaluated the credibility of sources used in this paper on the basis of the authors’ credentials. The books used in this paper are authored by respected and experienced individuals in the field of law.

References

Ashworth, A., & Horder, J. (2013). Principles of criminal law. Oxford: Oxford University Press.

Herring, J. (2012). Great debates in criminal law. New York: Palgrave Macmillan Publishers.

Howle, E. (2010). California department of corrections and rehabilitation. Belmont: Diane Publishers.

Lippman, M. (2012). Contemporary criminal law: concepts, cases and controversies. Web.

Ross, D. (2014). Civil liability in criminal justice. New York: Routledge Publishers.

Samaha, J. (2014). Criminal law. Belmont: Wadsworth Publishers.

Society’s Response to Crime Impacts on Justice

Throughout the history of criminal justice there has been evolving public policy, change in correctional operations, reforms in sentencing and forms of punishment to conform to the society’s more progressive attitude and response to crime. The society’s progressive attitude has been influenced by the changing customs, socio-economic conditions and political ideals (Bradley 47).

True, the decisions of the court are generally based on nature of the crime, evidence and the manner of the plaintiff and defendant. However, public opinion often influences the court decisions in the most intriguing way and has swayed case law over the years. The criminal justice has been reactive to the prevailing customs, religious and social structure and norms. During the colonial period, fornication and blasphemy were considered criminal offences and the courtroom was a public platform with part-time prosecutors who were usually laymen. Whipping, branding and mutilation were the common punishments for such criminal behavior (Zimring 60). In most colonies, capital punishment was rare except for black slaves who were often not spared by the hangman.

The society perceived criminals as members of the community who had gone astray and the general public opinion of justice was shame and redemption. Sin and crime were correlative and therefore there was no such a thing as incarceration for repeat offenders. Since communities were mostly close-knit and deeply religious, the criminal justice reaffirmed their popular culture and the society’s religious aspirations.

The mobility of American life following the influx of immigrants and the onset of industrial revolution resulted in the need for better social control and more professional administration of justice. Social mobility resulted in the demand for more individual rights and greatly contributed to era of enlightened political philosophy and the introduction of the Bill of Rights. Mobility also made crime more difficult to detect and reinforced the need to have a more professional legal framework and law enforcement system. As a result, the traditional corporal punishment and retribution for criminal behavior was replaced by the desire for more humane punishments, which led to the establishment of the American penitentiary system.

Today, the society’s response to crime and criminal justice has continued to undergo significant transformation. Many people are now opposed to the punitive approach to criminal justice and a growing number prefer solutions that focus on prevention and rehabilitation rather than long prison sentences. The main reason for the public’s more progressive position is the general consensus about the nation’s justice system which is seen as inappropriate, ineffective and misplaced (Lacey 58).

While the policy makers for a long time have perceived a “tough on crime” approach as the most politically appealing, most Americans on the other hand prefer criminal justice policies that focus on deterrence and rehabilitation. Following these shifting public attitude, the policymakers have continued to comply by coming up with policies that reflect the society’s new perspectives (McKenzie 94). The new policies are often crafted carefully to ensure that they strike a balance in prevention, punishment and rehabilitation while at the same time reducing crime and ensuring public safety.

Some of the new policies that reflect the new perspectives include the policy approach dealing with drug trafficking and drug addiction (Sechrest 45). The proposal requiring mandatory supervised drug treatment and community service is regarded by many as an effective and progressive policy (Carter 73). Community service approach rather than prison time for people convicted of drug possession has also received an overwhelming support.

Works Cited

Bradley, Lord. Managing Offenders, Reducing Crime and Public Safety. New York: Lord Bradley Publishers, 2013. Print.

Carter, David. The Asylum and Its Alternatives in Progressive America. Boston: Foundation Press Publishers, 2014. Print.

Lacey, Bonczar. Probation and Parole in the United States. Chicago: University of Chicago Publishers, 2012. Print.

McKenzie, Simon. The Impact of Probation on Criminal Activities of Offenders. Cambridge: Anderson& Blake Law Publishers, 2014. Print.

Sechrest, White. Rehabilitation of Criminal Offenders. Washington DC: White Law Academy Publishers, 2012. Print.

Zimring, Hawkins. Incapacitation: Penal Confinement and the Restraint of Crime. New York: Oxford University Publishers, 2013. Print.

Reducing Crime Rates by Analyzing Its Causes

Introduction

The occurrence of a crime dictates that a given law has been broken and someone has been affected directly or indirectly. This study aims at establishing the causes that motivate people to commit crimes. After establishing the causes of crime, the study aims at establishing whether understanding the causes of crime can help in reversing this vice. It is clear that crime in the US is a major problem that requires to be addressed. From the research conducted on the crime trends in the US, it was found out that the rate of property crime in the country has reduced tremendously in comparison to the United Kingdom, Canada, and other Western European countries. However, in comparison to violent crimes, crime rates are relatively higher in the country than in the other western democracies which prompts the studies to evaluate the root causes of this problem.

Definitions of Crime

The lexical definition of crime defines it as any act or failure to act as one had been requested or is obliged. This failure to act constitutes an offense if it hurts directly or indirectly any interested party. This offense can be punished in a state using the state’s statutory regulations. Crime can be defined using the legal fraternity dictionary as the absolute violation of the laws of a country. This violation results in hurting the public or an individual and thus is punishable as per the stipulated laws

Causes of Crime

The reasons why people commit crimes is a complex topic to evaluate because of the diversity in the world socio-cultural and socio-economic differences displayed by the various societies. In order that we may understand this better, the classical theory will be used to illustrate what really motivates people to commit a crime. It is also important to note that many countries in the world have been experiencing drastic increases in crime rates. The lash and secure neighborhoods in the country are no longer safe and serene places to live anymore. The global rise in crime necessitates that criminal justice experts come up with mitigating measures to ensure that the issue of rising crime rates is addressed. Crime trends should also be used to evaluate the possible causes of increasing crime rates. For instance, in the United Kingdom, home invasions and burglary have hit a higher recorded mark than in the US. There is a need for criminal justice experts to come up with solutions that are tailored to address the issue of crime in their localities.

Literature review on the causes of crime

The study of the possible causes of crime can be traced from 3700 years before Christ were the Babylonians tried to explain the reasons that motivated people to commit crimes (Fitzgerald, 2001). Later on, in the early 18th century, European missionaries and colonialists are recorded to have stated that crime and sins as per their religious orientation are one and the same thing. To the early missionaries, crimes were motivated by evil spirits that possessed the offenders. These evil spirits made them defy rules that govern social order and thus negating their social obligations. Therefore, they were to be dealt with promptly and harshly so as to correct them before it was too late (Fitzgerald, 2001).

The development of man over the centuries and the sophistication in the way he lives has influenced the crime trends, which have also evolved alongside man. The complexity in crime and the motive of committing crime led to the constitutional criminology department to deal with the understanding of crime in society. Criminologists have identified the possible factors that can be attributed to criminal activities. The factors have been classified into the following broad spectrums; biological factors, psychological factors, social factors, and economic factors (Siegel, 2011). Criminologists argue that a combination of all these factors instigates people to commit a crime.

Biological factors such as a physical structure of an individual play a key role in determining whether a person commits a certain crime or not. For instance, being a male person is a predisposing factor that influences a person to commit an offense such as wife battering, assault among others (Newman& Rothberg, 2002). On the other hand, some crimes such as prostitution are more likely to be associated with women. The IQ of a person is yet another biological factor that influences whether a person may commit a specific crime or not. People who perform poorly in intelligence tests and could not keep up with the country’s school curriculum and with their fellow students are resentful of their failures. Due to their poor education, they become frustrated, and anger sets in. They become rebellious and tend to deviate from society’s set norms. Sooner after these changes, they start indulging in criminal activities such as rape, property crimes among others (Newman& Rothberg, 2002). Some of these crimes are motivated by the need for survival while some are motivated by internal resentment that is associated with such kinds of persons.

The social factors do not influence crime directly, but they act as catalysts of crime. Issues such as poverty, racism, discrimination, abuse, unemployment, and illiteracy are some of the social factors that have been cited as major catalysts of crime. Records have shown that countries that have social problems as those highlighted above always have high crime rates. Poor people will commit property crimes such as burglary so that they can afford general necessities that satisfy the fundamental human utilities (Robinson, 2009).

Persons who have been assaulted will tend to act violently towards the abuser or the gender that inflicted the pain to them or towards a certain group in the society that they feel resentment towards. Areas in the country that lack the government’s support for instance the inner cores of ghettos have organized gangs who team up with the promise of providing security for the society members and to give a sense of belonging to the residents due to neglect by the central government. These gangs end up extorting the residents. They are ruthless and they punish victims to set them as an example for any other person who tries to defy their orders. These areas become drugs and illegal arms encroachment territories. The factors highlighted above influence the probability of people living in these areas taking part in criminal activities. As the social neglects rise, rates of crime also rise and the opposite is always true (Fitzgerald, 2001).

Another sociological factor that has played a key role in propagating crime in the US is fatherlessness. The father figure in the family brings a sense of defined family configuration where the father takes the lead role as the head of the family. According to research carried out by the Department of Health and Human Services in the US, in 1999 alone, there were over 60% of child abuses had been inflicted on the children by their mothers who held the parental custody of their children. The remaining percentage was contributed by the boyfriends or stepfathers. These children lacked a father who would have made sure that they receive good care from their mothers. To further illustrate how the concept of fatherlessness contributes to crime, research has indicated that over 90% of the runaways from home are occasioned by causes that go back to lack of a father figure. Many children from fatherless homes are depressed and thus are prone to crime. Such children end up committing crimes either by committing suicide, becoming thieves so as to survive, being rapists, dropping out of school, being drug addicts among other social evils. The above are just a few of the facts that are available to illustrate the effects of fatherlessness on children (Kender, 2001).

Some crimes are also caused by psychological issues. Many of the crimes that are committed are motivated by greed, anger, jealousy, revenge, and at times, arrogance from the offenders. Kender, (2001) notes that some people commit a crime with one sole aim, to hurt the other party. Such people get a psychological reward in inflicting pain and suffering on other people. Crimes motivated by psychic disorders are carefully planned to reduce the chances of being caught while executing the crime. People who commit this category of crime are always conscious of their behavior, but the urge to satisfy their urge overtakes their consciousness. It gives them the pleasure to feel in control and this adrenaline rush pushes them to commit a crime. This can be done out of rage, one is angry and they want to release their anger through their victims. To others, it is the fear of being seen as powerless. Some people may feel powerless and insecure, and the only way to ensure that they are safe is by committing an offense (Schmalleger, 2009).

Another psychological factor that has been connected to the increase in crime rates is fundamentalism. Many young people are becoming hardliners of varying opinions. One of the most notorious fundamentalisms is the one associated with Islamic terrorism that originates from hardliner Islamists who take pride in killing people who do not profess the Islamic faith. Such people use their religious orientation as the stepping stone to indulge in criminal activities such as terrorism. For instance, Islamic fundamentalism has contributed to the committing of grave and horrendous crimes against humanity such as the 11th September attack. Fundamentalism is the motivating factor of some of the mysteries of the serial killings in the country (Schmalleger, 2009).

The study has made it clear that economic factors have also played a pivotal role in propagating crimes in the country. This knowledge should act as an incentive to the central government to begin funding these areas. It should come up with finance packages that are friendlier so as to stimulate residents’ loaning. This will enhance the self-employment and independence of families. The federal government with the help of the central government should come up with subsidized daycare services among other programs that will improve the well-being of its citizens (Fitzgerald, 2001).

On the other hand, a good number of people commit crimes for monetary or material gain. Crime committed for monetary gain is classified as economic or property crime and may include burglaries, robberies, and white-collar crimes like fraud. These crimes are committed with the main intention of having some material gain. Violent crimes like murder and rape are instigated by the desire to control. Some crimes in this category are motivated by impulse and are not premeditated by the offender. For instance, manslaughter is a crime that occurs due to a rash reaction whereby the person kills without a prior plan to kill.

Why the study of crime?

The study of crime is essential for any progress to be made in curbing this vice. For instance, criminologists have found out that punishing criminals and putting crime mitigating measures in place reduces the number of crimes. This is because a punishment like death makes people who desire to kill think twice. On the other hand, crime preventive measures like proper lighting of streets and alleys in big shanties reduce the number of criminals who are willing to commit crimes for fear of being seen committing an offense. Another measure is putting more police officers on patrol in crime volatile areas as their presence instills the essence of maintaining law and order (Fitzgerald, 2001).

The classical theory

The proponents of this theory with relation to the study of crime in society hold that people should always be guided by their own free will. According to these proponents, people have the right to decide on what is the best thing to do. It is inherent that every human wants to derive pleasure in every action executed. Therefore, every human being avoids anything that will inflict pain on them. This theory involves evaluating all the possible outcomes that will result from undertaking a certain action. According to the theory, a person takes a cognitive assessment of rewards and punishment before executing a specified act. The person looks at the benefits that will be derived when they act as required and also at the consequences that will be suffered if the action is undertaken. The classical theory seeks to evade unreasoning and unconsciousness as the driving factors towards specific actions, but it stresses the importance of using rationale before doing anything (Gottfredson & Hirschi, 2005).

With this in mind, the classical theory seeks to explain why many people do not want to engage in criminal activities. Punishment takes a dominant place in this theory. People will evaluate the benefits they will gain if they engage in illegal activity and the possible consequences that will be suffered for taking an action that is prohibited by the law or the rules of natural justice. For instance, people may keep away from crime to avoid imprisonment, being fined among other legal actions that are carried against offenders. If the benefit of an action outweighs the consequences, the individual is at free will to undertake the action out of reasoning, but if the consequences are more eminent, it deters them from executing such actions.

This theory is very viable to American society because the country is a free democracy that is governed by the free will of its citizens. All American citizens are guided by the founding principles of the United States of America that stipulate every American is of free will to do what they want. However, this independence philosophy has been misused to mean that every person is free to do whatever they please including committing a crime. Gottfredson and Hirschi, (2005) argue that the recent trends in an American’s way of life seem to hold that indulging in criminal activities is rewarding as neighborhood gangsters are a guarantee to stardom. He further asserts that Hollywood heroism has been etched into the minds of the Americans hence propelling the commitment of a crime. The Hollywood actors who for the purpose of acting emulate criminals are now being imitated in the streets which results in torrents of crimes being made every day with the number escalating at an alarming rate. More and more violent crimes are being made every day. This has negated the American dream of free will to one that is governed by the free will to commit a crime with full knowledge of the outcomes and the possible consequences.

Conclusion

It is evident that the study has come up with the causes of crime and related the widespread rates in crime to the classical theory. Understanding the causes of crime can help in formulating measures that can curb the vice. The American way of living has been greatly influenced by the demographic differences that exist in American society and also the American notion of an absolute life as portrayed by Hollywood actors and therefore, the nation is working towards achieving that dream.

References

Fitzgerald, M. (2001). Crime and society: readings in history and theory. London: Routledge.

Gottfredson, M., R &. Hirschi.(2005). A general theory of crime. Chicago: Stanford University Press.

Kender, S. E. (2001). Crime in America. New York: H.W. Wilson Company.

Newman, J. & Rothberg, D. (2002).Crime in America: causes and cures. Washington: U.S. News & World Report

Robinson. (2009). Justice Blind? Ideals and realities of American criminal justice: Upper Saddle River: Prentice Hall.

Schmalleger, F. (2009). Criminal Justice Today: An Introductory Text for the twenty-first century. Upper Saddle River: Prentice Hall.

Siegel, L., J. (2011). Criminology. Connecticut: Cengage learning.

Crime in America: What We May Learn From Its Causes?

Introduction

The study of the possible causes of crime can be traced from 3700 years before Christ were the Babylonians tried to explain the reasons that motivated people to commit crimes (Fitzgerald, 2001). Later, in the early 18th century, European missionaries and colonialists are recorded to have stated that crime and sins as per their religious orientation are the same things (Fitzgerald, 2001).

The development of man over the centuries and the sophistication in the way he lives has influenced the crime trends, which have also evolved alongside man. Criminologists have identified the possible factors that can be attributed to criminal activities.

This paper aims at identifying the underlying causes of crime. After these causes are identified, the paper will examine whether studying crime can help in its alleviation. Besides this, the paper will seek to effectively relate the causes of crime in America and see how economic, social, psychological, and finally biological factors influence rational actors to cause crime. Finally, the paper will relate the causes of crime with a classical theory that advocates for free will.

Definition of crime

Crime has been defined differently by different definitions. However, all definitions go to the bottom line that for crime to occur, an act that was not meant to occur occurs. The lexical definition of crime defines it as any act or failure to act as one is obliged. This failure to act constitutes an offense if it hurts directly or indirectly any interested party. This offense can be punished in a state using the state’s statutory regulations. Crime can be defined using the legal fraternity dictionary as the absolute violation of the laws of a country. This violation results in hurting the public or an individual and thus is punishable as per the stipulated laws.

Causes of crime

Knowledge about a crime is of great essence as it can help in establishing the possible means through which crime can be eliminated. It is also important that the global crime rates are understood so that the trends in the United States of America are matched with those in other parts of the world. This benchmarking is important in ensuring that various motivators of crime are identified.

Factors that cause crime

Biological factors such as a physical structure of an individual play a key role in determining whether a person commits a certain crime or not. For instance, being a male person is a predisposing factor that influences a person to commit an offense such as wife battering, assault among others (Newman & Rothberg, 2002). On the other hand, some crimes such as prostitution are more likely to be associated with women.

Crime may be motivated by greed, anger, jealousy, revenge, and at times, arrogance from the offenders. Kender (2001) notes that some people commit a crime with one sole aim, to hurt the other party. Such people get a psychological reward in inflicting pain and suffering on other people. Crimes motivated by psychic disorders are carefully planned to reduce the chances of being caught while executing the crime. People who commit this category of crime are always conscious of their behavior, but the urge to satisfy their urge overtakes their consciousness. It gives them the pleasure to feel in control and this adrenaline rush pushes them to commit a crime. This can be done out of rage when one is angry and needs to release their anger through their victims. To others, it is the fear of being seen as powerless. Some people may feel powerless and insecure, and the only way to ensure that they are safe is by committing an offense (Schmalleger, 2009).

Another factor that has been connected to the increase in crime rates is fundamentalism. One of the most notorious fundamentalisms is the one associated with Islamic terrorism that originates from hardliner Islamists. Islamic fundamentalism has contributed to the committing of horrendous crimes against humanity such as the 11th of September attack. Fundamentalism is the motivating factor of some of the serial killing’s mysteries in the country (Schmalleger, 2009).

Crime can also be motivated by social factors such as abuse. Children who are brought up in abusive families may tend to embrace criminal activities especially. Thus, has been associated with psychological effects where children from such families lack psychological satisfaction and may develop an inferiority complex. This may later become detrimental to such children as it may lure them into crime. The social environment, both at home and in neighborhoods can lure someone into criminal activities. The perceived government neglect also contributes to the execution of crime as people may express their discontentment through criminal activities.

People commit crimes for monetary or material gain. Crime committed for monetary gain is classified as economic or property crime and may include burglaries, robberies, and white-collar crimes like fraud. These crimes are committed with the main intention of having some material gain. Violent crimes like murder and rape are instigated by the desire to control. Some crimes in this category are motivated by impulse and are not premeditated by the offender. For instance, manslaughter is a crime that occurs due to a rash reaction whereby the person kills without a prior plan to kill. Economic crimes are committed due to perceived government neglect, poverty, greed, or motivation from organized gangs.

Criminology and Crime

Criminologists have established that punishing criminals and putting crime mitigating measures in place reduces the number of crimes. This is because a punishment like the death penalty makes people who desire to kill think twice. Fines in monetary terms can also deter potential criminals from engaging in criminal activities. Imprisonment also deters crime by putting criminals in correctional facilities that guarantee that they are kept from society. This seclusion deters crime from two different angles, one, people may fear committing a crime due to avoid being put in prisons, and secondly, criminals are eliminated from society.

Crime Prevention

Crime preventive measures like proper lighting of streets and alleys in congested residences reduce the number of criminals who are willing to commit crime for fear of being seen committing an offense. Another measure is putting more police officers on patrol in crime volatile areas as their presence instills the essence of maintaining law and order (Fitzgerald, 2001).

Most of the committed crimes are motivated by economic factors. Therefore, economic factors can be used to ensure that that crime is prevented. Governments can opt to fund various enterprises that would provide more employment opportunities even to those people who do not advance in their studies.

Crime may be reduced by social factors such as educating the public on the negative effects of crime. Populations that are prone to crime should be socialized to adopt behavioral approaches that will deter criminal activities. Measures such as forums to ensure that children do not slip into juvenile delinquency can be effective social obstacles to engagement in criminal activities.

The Classical Theory

The theory postulates that people should always be guided by their own free will. People have the right to decide on what is the best thing to do. Human beings avoid anything that will inflict pain on them. This theory involves evaluating all the possible outcomes that will result from undertaking a certain action. The classical theory seeks to evade unreasoning and unconsciousness as the driving factors towards specific actions, but it stresses the importance of using rationale before doing anything (Gottfredson & Hirschi, 2005).

Conclusion

The paper has been able to establish the causes of crime and related the widespread rates in crime to the classical theory. The paper has also shown that understanding the causes of crime can help in formulating measures that can curb the vice. The presentation has also related the classical theory with the causes of crime.

References

Fitzgerald, M. (2001). Crime and society: readings in history and theory. London: Routledge.

Gottfredson, M., R &. Hirschi,.(2005). A general theory of crime. Chicago: Stanford University Press.

Kender, S. E. (2001). Crime in America. New York: H. W. Wilson Company.

Newman, J. & Rothberg, D. (2002).Crime in America: causes and cures. Washington: U.S. News & World Report.

Robinson, M. (2009). Justice Blind? Ideals and realities of American criminal justice: Upper Saddle River: Prentice Hall.

Schmalleger, F. (2009). Criminal Justice Today: An Introductory Text for the twenty-first century. Upper Saddle River: Prentice Hall.

Siegel, L., J. (2011). Criminology. Connecticut: Cengage learning.

Victims of Crime Act and Crime Victims Fund

The Victims of Crime Act of 1984 is an act of the authorities of the USA, which is addressed to support the victims of offenses against the law by methods that does not include the penalty for the lawbreaker. Thus, a Crime Victims Fund had been instituted as a system to refund the victims of offenses against the law. The Crime Victims Fund is sponsored by amends and penalties that are taken from convicts and lawbreakers, not from taxes. According to the researches, by the autumn of 2013 the Crime Victims Fund had little less than 9 billion dollars on its account. Various gifts, contributions, donations and endowments are registered as the federal incomes that had been invested in the Fund, as it was allowed by an amendment to the Victims of Crime Act in 2001 through the USA Patriot Act. As a result, more than three hundred thousand dollars have been invested in the Fund through this amendment from the moment of its effect in 2002 to 2013 (Victims of Crime Act, 2005).

Moreover, after establishing the Fund in 1984, the cap regarding an overall sum of deposits had been placed for the first eight years. In this time period, the maximum level of deposits for one year diverged from a hundred million dollars to a hundred and a half million dollars. Nevertheless, the cap was lifted in 1993; thus allowing the money from every criminal amends, assignment of fee and renounced bail bond to finance the actions of the crime victim affairs.

In 2000, the Congress was forced to place another cap on stock accessible due to abundant variations in deposits. The new yearly caps were established with an intention to declare the Crime Victims Fund as a lasting and solid source of subsidy for potential victim services. Due to new amendments, the maximum annual deposit diverged from five hundred million dollars to seven hundred million dollars from 2000 to 2012. After the amendment of 2013, the cap was raised to seven hundred thirty million dollars.

The intention of compensating the victims of offenses against the law firstly came to the Margery Fry at the beginning of the 1950s who was a penal reformer at a time. The idea initially was fulfilled in New Zealand in 1963. By 1979, the United States had nearly twenty-eight compensation bills. There are several sources of the fund that sponsor the crime victims: Victim Assistance Grant Formula, Reserve Fund, Grant Period, Grant Deobligations. The Victims of Crime Act of 1984 was voted more than once; moreover, it had undergone through various legislative changes (Young & Stein, 2004).

The Task Force of the President conducted six conferences throughout the territory of the country before creating and introducing the Final Report that contained sixty-eight recommendations towards improving the support of victims of law offenders. As a result, the Final Report of the Task Force commenced four decisive initiatives. Firstly, it advised the federal law of a government to provide money for two programs: the state project of compensating the victims and the regional project of the assistance of the victims. These endorsements were established as the accelerative strength for the legislation of the Victims of Crime Act. Moreover, the establishing of the Act resulted in creating the Crime Victims Fund, enacting several civil, criminal fines, penalties and particular assignments of a fee as the means of the established programs.

References

. (2005). Web.

Young, M. & Stein, J. (2004). . Web.

Torts and Crimes. Liability for Traffic Accidents

Introduction

There is no doubt that the utilization of modern technologies has numerous advantages. However, sometimes, the use of technologies may lead to negative consequences and even legal proceedings. For instance, when Uber introduced its self-driving cars and started testing them, a car accident that resulted in the death of a pedestrian occurred (Johnson & Fitzsimmons, 2018). It led to investigations aimed to reveal who was responsible for the accident. In this essay, the consequences of the violation of a criminal traffic or driving statute that may happen during a self-driving mode will be discussed. Also, it will be identified if Uber is liable for accidents in which people are injured as a result of a crash with self-driving cars.

Main body

The liability of a company or an individual depends on a number of factors. First of all, to understand who is responsible for a crash, it is necessary to conduct an investigation, which is usually performed by specialized agencies. There are many parties that may be liable for traffic accidents. They include automated cars, operators, pedestrians (or other vehicles involved in the accident), companies that introduced the utilization of self-driving cars, and the state.

If Uber developed self-driving cars and was caught violating a criminal traffic or driving statute while in a self-driving mode, then the company is liable for breaking the law. In this situation, neither state nor pedestrians or other vehicles are involved. It is the responsibility of the company to ensure that the operation of automated cars is performed according to the law. Nevertheless, this situation needs further investigation as operators of automated cars are supposed to interfere in the process of driving if there are any unfavorable circumstances on the roads. The system, established in the self-driving vehicles, warns the drivers if there is a need to turn off the automatic mode. However, car operators still have an opportunity to drive the car at any time. Therefore, it should be investigated if the violation of rules occurred as a result of inattention of drivers or failure of the automatic system. In the first case, cat operators will be liable for the violation of traffic rules. In the second case, Uber is liable, as the company has to make sure that self-driving cars do not violate any regulations.

If Uber or another company developed a commercial self-driving car, and it was responsible for an accident in which people were injured, there may be several liable parties. For instance, the latest investigation on Uber crash that occurred in 2018 split the blame between the company, the driver, the victim, and the state (Evarts, 2020). The state of Arizona issued a new order on March 1, 2018, that allowed fully autonomous operation on public roads. However, the vehicles should meet a “minimal risk condition,” which means that the cars should be safe, even experiencing a failure (Bogost, 2018). For the period of 60 days, after the order was issued, the vehicles had to be checked to reveal if they meet minimum requirements. Since the accident occurred on March 18, it was not relevant to the crash that led to the death of a pedestrian. Thus, the state is liable as it failed to ensure the regulation of traffic innovations in time.

Also, the investigation showed that if the car operator was more attentive, she would have enough time to react to the pedestrian (Falcone, Allsop, & Eaton, 2019). Uber is liable as well because the alert system that was supposed to warn the driver about the risky situation did not work. As for the victim, it was detected that the pedestrian was not attentive enough while crossing the road.

Conclusion

Therefore, it can be concluded that the liability of a company, individual, or group of people for accidents or law violations depends on circumstances specific to each case. Thus, if Uber was caught violating a traffic law while using self-driving vehicles, then either the company or car operator is liable. In some situations, when an accident results in injury or the death of people, there may be many liable parties.

References

Bogost, I. (2018). Web.

Evarts, H. (2020). Web.

Falcone, J. G., Allsop, J., & Eaton, C. (2019). Web.

Johnson, L., & Fitzsimmons, M. (2018). Web.