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Report to the Nation on Crime and Justice, Second Edition
U.S. Department of Justice Bureau of Justice Statistics Report to the Nation on Crime and Justice Second edition NCJ-105506, March 1988 U.S. Department of Justice Bureau of Justice Statistics Steven R. Schlesinger Director Marianne W. Zawitz Editor Contents Introduction iii I. The criminal event 1 II. The victim 23 Ill. The offender 39 IV. The response to crime 55 1. An overview 56 2. Entry into the criminal justice system 62 3. Prosecution and pretrial services 71 4. Adjudication 81 5. Sentencing and sanctions 90 6. Corrections 102 V. The cost of justice 113 Index 128 ii Report to the Nation on Crime and Justice Introduction The Bureau of Justice Statistics presents This edition contains additional material this second comprehensive picture of on such common law crimes as homi- crime and criminal justice in the United cide, robbery, and burglary; drunk driv- States. Relying heavily on graphics and ing; white-collar crime; high technology a nontechnical format, it brings together crime; organized crime; State laws that a wide range of data from BJS's own govern citizen use of deadly force; pri- statistical series, the FBI Uniform Crime vate security; police deployment; sen- Reports, the Bureau of the Census, the tencing practices; forfeiture; sentencing National Institute of Justice, the Office outcomes; time served in prison and of Juvenile Justice and Delinquency jail; facilities crowding; recidivism; the Prevention, and many other research cost of crime; and privatization of crimi- and reference sources. Because it ana- nal justice functions. lyzes these and other rich data sources, this report should interest the general Graphic excellence and clarity of public as well as criminal justice practi- expression are the hallmarks of this tioners, researchers, and educators in attempt to assist the Nation as it seeks our high schools and colleges. -
Substantive Criminal Law: Principles and Working 1 Vocabulary
55256_CH01_001_016.pdf:55256_CH01_001_016.pdf 12/18/09 1:58 PM Page 1 CHAPTER Substantive Criminal Law: Principles and Working 1 Vocabulary Key Terms Actual cause Ecclesiastical courts Positive law Actus reus Federalism Precedent Administrative law Felony Preponderance of the evidence Attendant circumstances General intent Procedural law Beyond a reasonable doubt Gross misdemeanor Property crime Burden of proof Injunctive relief Proximate cause But-for test Intervening cause Punitive damage Canon law Jurisdiction Recklessness Capital felony Kings courts Republic Case law Law courts Social contract theory Civil law Least restrictive mechanism Specific intent Code of Hammurabi Legal cause Stare decisis Common law Lesser included offense Statutory law Compensatory damage Mala in se Strict liability Constitutional law Mala prohibita Substantial factor test Constructive intent Mens rea Substantive law Corpus delicti Misdemeanor Tort Courts of equity Misprision of felony Tortfeasor Crime Natural law Transferred intent Criminal law Negligence Uniform Crime Reports Culpable Nulla poena sine lege Violation Declaratory relief Ordinance Violent crime Democracy Ordinary misdemeanor Wobblers Deviance Petty misdemeanor Introduction This chapter explores and describes the founda- tions of American criminal law. While progressing From the genesis of time, human beings have sought through its content, readers are informed of the to establish guidelines to govern human behavior. In extent to which serious crime occurs in America. ancient civilizations, rules were derived from morals, Readers will also develop an appreciation for the customs, and norms existing within society. Thus, in Republic form of government used in this nation most societies, modern laws evolved from a loose and how social contract theory guides the construc- set of guidelines into a formal system of written tion of criminal law. -
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011
Case: 09-41064 Document: 00511425053 Page: 1 Date Filed: 03/25/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 25, 2011 No. 09-41064 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. THOMAS GORE, Defendant–Appellant. Appeal from the United States District Court for the Eastern District of Texas Before HIGGINBOTHAM, CLEMENT, and OWEN, Circuit Judges. PRISCILLA R. OWEN, Circuit Judge: In this direct appeal Thomas Gore contends that his prior Texas conviction for conspiracy to commit aggravated robbery is not a violent felony within the meaning of the Armed Career Criminal Act (ACCA)1 and that the district court erred in sentencing him as a career offender. We affirm. I Gore pled guilty to possessing a firearm after being convicted of a felony, in violation of 18 U.S.C. § 922(g). The presentence report recommended that the 1 18 U.S.C. § 924(e). Case: 09-41064 Document: 00511425053 Page: 2 Date Filed: 03/25/2011 No. 09-41064 district court sentence Gore as a career offender pursuant to the ACCA based on Gore’s three prior state convictions, two for serious drug offenses and the other for conspiracy to commit aggravated robbery. Gore objected to the presentence report, arguing that conspiracy to commit aggravated robbery is not a violent felony under the ACCA and that he therefore should be sentenced within a Guidelines range of 33-41 months of imprisonment. The district court overruled the objection and sentenced Gore to 180 months of imprisonment. -
Penal Code Chapter 32. Fraud
PENAL CODE TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 32. FRAUD SUBCHAPTER A. GENERAL PROVISIONS Sec.A32.01.AADEFINITIONS. In this chapter: (1)AA"Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for deposit of funds or medium of savings or collective investment. (2)AA"Property" means: (A)AAreal property; (B)AAtangible or intangible personal property including anything severed from land; or (C)AAa document, including money, that represents or embodies anything of value. (3)AA"Service" includes: (A)AAlabor and professional service; (B)AAtelecommunication, public utility, and transportation service; (C)AAlodging, restaurant service, and entertainment; and (D)AAthe supply of a motor vehicle or other property for use. (4)AA"Steal" means to acquire property or service by theft. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Sec.A32.02.AAVALUE. (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1)AAthe fair market value of the property or service at the time and place of the offense; or 1 (2)AAif the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense. (b)AAThe value of documents, other than those having a readily ascertainable market value, is: (1)AAthe amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or (2)AAthe greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. -
Constitutional Court Ruling on Criminal Defamation
THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA 5 CORAM: HON. JUSTICE A.E.N. MPAGI-BAHIGEINE, JA HON. JUSTICE S.G. ENGWAU, JA HON. JUSTICE C.K. BYAMUGISHA, JA HON. JUSTICE S.B.K. KAVUMA, JA 10 HON. JUSTICE A.S. NSHIMYE, JA CONSTITUTIONAL REFERENCE NO. 1/2008 (Arising out of Criminal Case No. 41 of 2008 in the Chief Magistrates Court at Nakawa) 15 1. JOACHIM BUWEMBO 2. BERNARD TABAIRE 3. EMMANUEL DAVIES GYEZAHO 4. MUKASA ROBERT ::::::::::::::::::::::::::::::::: APPLICANTS VERSUS 20 ATTORNEY GENERAL ::::::::::::::::::::::::::::::::::: RESPONDENT (Statutory interpretation - Whether Section 179 of the Penal Code Act (Cap 120) is inconsistent with Article 29(1) (a) of the Constitution. - Whether or not Sections 179 of the Penal Code Act is a restriction permitted under Article 43 of the Constitution as being demonstrably justifiable in a free and democratic society.) 25 Ruling of the Court This Constitutional Reference arose out of Criminal Case No. 41 of 2008, instituted at Nakawa Magistrates Court, wherein the four applicants, namely Joachim Buwembo, Bernard Tabaire, 30 Emmanuel Davies Gyezaho and Mukasa Robert, were jointly charged with libel, contrary to sections 179 and 22 of the Penal Code Act. 1 The facts giving rise to this charge are that the said applicants who are journalists with the Monitor Newspaper, published articles in their Sunday issues of 19th and 26th August 2007 captioned “IGG IN SALARY SCANDAL” and “GOD’S WARRIOR FAITH MWONDHA 5 STUMBLES” respectively. Following a complaint to the police by the Hon. Lady Justice Faith Mwondha, the IGG, the applicants were investigated and later charged, at the Chief Magistrate’s Court at Nakawa, with the offence of unlawful publication of defamatory matter under sections 179 and 22 of the Penal Code Act (Cap 120). -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
Crime Prevention Division, Portland Police Bureau FACT and FICTION About Crime in Oregon August, 1979
If you have. \ issues viewing or accessing this file contact us at NCJRS.gov. - -• / FACT AriD FICTION ABOUTCAIME IN OREGON '( \ PAI:PAAED BY TI1E OREGON LAW EnFORCEMErtT COUrtCIL • ------ - -- - ----- Cover design by Steve Minnick, Graphics Illustrator Crime Prevention Division, Portland Police Bureau FACT AND FICTION About Crime in Oregon August, 1979 Victor R. Atiyeh Governor "lames Brown Keith A. Stubblefield Chairman Administrator This study was supported in part by grants from the Law Enforcement Assistance Administration of the U.S. Department of Justice and the Mid-Willamette Valley Manpower Consortium. Point~ of view or opinions stated are those of the author and do not necessarily represent the official position of the U.S. Department of Justice. ---------- ------- ACKNOWLEDGEMENTS The authors of this report are: Annie Monk Pamela Erickson Gervais Administrative Assistant and Planning and Data Analysis P1annlng and Data Analysis Unit Unit Supervisor Sincere appreciation is extended to all those whose valuable suggestions and information contributed greatly to this publication: Bob Watson, Administrator - Oregon Corrections Division Steve Cleveland, Chief Planner - Mid Wi11amette Valley COG Bill Cogswell, Chairman and Ira Blalock, Member - State Board of Parole Craig Van and Marcelle Robinson - Hillcrest School of Oregon Jeff Barnes, Director - Regional Automated Information Network Chuck Foster, Inst'~uctor - Chemeketa Conmunity College Jerry Winter, Deputy Administr'ator - Trial Court Services Cal Steward, School Liaison - Salem Police Department Lt. Tom Potter, Crime Prevention Division - Portland Police Bureau Wendy Gordon, Host/Producer - Mid-Morning, KOIN-TV Lt. Penny Orazettl, Planning & Research - Portland Police Bureau Chief Ro11ie Pean - Coos Bay Police Department Judge Irving Steinbock - Multnomah County Circuit Court Chief Jim Jones - Ontario Police Department Sheriff Jim Heenan - Marion County Sheriff's Office Karel Hyer, Academy Programs Chief - Board on Police Standards and Training Benjamin H. -
Capital Punishment
If you have issues viewing or accessing this file contact us at NCJRS.gov. CALIFORNIA LEGISLATURE SENATE COMMITTEE ON JUDICIARY S~NATOR BILL LOCKYER, CHAIRMAN Special Hearing on THE PROCESS OF CAPITAL PUNISHMENT MARCH 19, 1985 111137 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated l' in this document are those of the authors and do not necessarily 1'1 represent the official position or pOlicies of the National !l1stitute of ........ Justice . ....... ...... ....... r p. 0:::«z -<C Z to the National Criminal Justice Reference Service (NCJRS). ~~ Further reproduction outside of the NCJRS system requires permis [J,J '--J.U sion of the copyright owner. 0:= oe= O~ ::J ::><C l -:>J: CI}:C « e= to -I zC: t:f) Cl)CrJ CO Ql (/) offi r: 0"1,........ ?Z ..... "'-I .... &) Q;:) lad .. C<Q 0 -c.9 UJr 0"1 'f:" fa Z ,........ ~ [J,J UJ~ C» U as r -I (---4U .., Q :: O;J :r: I""'l (3)""'" « (-0_ -I I'!~ IG U U >- ;:J -z -0"" ~~ 0:: < 2:-1 U ~ ~ 0 0:= <» « ::Ed ,..J ~ 0 o 00 e- ~ ~ 0 el) -I--- '-U~ « uO:=o U LLll :ct: (-<C ~~ ZllJ«Z W{/) ~ en U SPECIAL HEARING ON THE PROCESS OF CAPITAL PUNISFlMENl' CASES March 19, 1985 Senate Judiciary Committee Bill Lockyer, Chairman Ed Davis Nicholas C. Pettis Jolm Doolittle Robert Presley Barry Keene Art Torres Mil ton Marks Diane Watson Senate Judiciary Ccmnittee Tuesday, March 19, 1985 1 :30 p.m., Roan 4203 AGENDA: TI1E PROCESS OF A CAPITAL PUNISHMENT CASE 1 . -
146435NCJRS.Pdf
If you have issues viewing or accessing this file contact us at NCJRS.gov. • BASIC COURSE INSTRUCTOR· UNIT GUIDE c 7 ) ~___________ C_R_IM_E_S __ A_G_A_IN_S_T_P_E_R_S_O_N_S ___________) (November 1~ l L1 6435 U.S. Department of Justice National Institute of JU!~tice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been grantedcaliforTIla by. Camm1SS10n•• on p eace - Offlcer StandardS ana: Tf'alning to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the copyright owner . • ---~------;----------.----~ - ------ - ------ • The curricula contained in this document is designed as a guideline for the delivery of performance-based law enforcement training. It is part of the POST Basic Course guidelines system developed by California law enforcement trainers and criminal justice educators in cooperation with the California • Commission on Peace Officer Sandards and Training . • ,, ,. II UNIT GUIDE 7 :: • TABLE OF CONTENTS LEARNING DOMAIN 7 Crimes Against Persons Page Knowledge Test 7 (POSTRAC) 3.10.1 Extortion ...................................... 1 3.17." Assault 3 3.17.2 Battery 5 3.18.1 Assault \I\Iith a Deadly Weapon .. 7 3.19.1 Mayhem ....................................... 9 3.20.1 Inflicting Corporal Injury Upon a Spouse, etc. ............ 11 3.23.6 Terrorism (Hate Crime) ............................ 13 3.25.1 Robbery ....................................... 17 • 3.26.1 Kidnapping or False Imprisonment .................... 21 3.27.1 Aiding or Encouraging a Suicide . -
1192.7. (C) As Used in This Section, "Serious Felony"
Penal Code 1192.7 (c) 1192.7. (c) As used in this section, "serious felony" means any of the following: (1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison -
The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations
Florida State University Law Review Volume 34 Issue 2 Article 10 2007 International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations Maureen Walterbach [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Maureen Walterbach, International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvement in Intellectual Property Rights Violations, 34 Fla. St. U. L. Rev. (2007) . https://ir.law.fsu.edu/lr/vol34/iss2/10 This Comment is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW INTERNATIONAL ILLICIT CONVERGENCE: THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS' INVOLVMENT IN INTELLECTUAL PROPERTY RIGHTS VIOLATIONS Maureen Walterbach VOLUME 34 WINTER 2007 NUMBER 2 Recommended citation: Maureen Walterbach, International Illicit Convergence: The Growing Problem of Transnational Organized Crime Groups' Involvment in Intellectual Property Rights Violations, 34 FLA. ST. U. L. REV. 591 (2007). INTERNATIONAL ILLICIT CONVERGENCE: THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS’ INVOLVEMENT IN INTELLECTUAL PROPERTY RIGHTS VIOLATIONS MAUREEN WALTERBACH* I. THE GROWING PROBLEM OF TRANSNATIONAL ORGANIZED CRIME GROUPS -
63Dd25a4-3Fd7-4A6b-8709
THE STATUTES OF THE REPUBLIC OF SINGAPORE PENAL CODE (CHAPTER 224) (Original Enactment: Ordinance 4 of 1871) REVISED EDITION 2008 (30th November 2008) Prepared and Published by THE LAW REVISION COMMISSION UNDER THE AUTHORITY OF THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275) Informal Consolidation – version in force from 2/1/2021 CHAPTER 224 2008 Ed. Penal Code ARRANGEMENT OF SECTIONS Chapter I — Preliminary Section 1. Short title 2. Punishment of offences committed within Singapore 3. Punishment of offences committed beyond, but which by law may be tried within Singapore 4. Jurisdiction over public servants for offences committed outside Singapore 4A. Offences against State and genocide committed outside Singapore by citizen or permanent resident 4B. Punishment of specified offences with elements occurring in Singapore but others occurring outside Singapore 5. Certain laws not to be affected by this Code Chapter II — General Explanations 6. Definitions in this Code to be understood subject to exceptions 6A. Definitions to apply to this Code and other written law 7. Expression once explained is used in the same sense throughout this Code 8. “Gender” 9. “Number” 10. “Man” and “woman” 11. “Person” 12. “Public” 17. “Government” 19. “Judge” 20. “Court of justice” 21. “Public servant” 22. “Property” 22A. “Fault element” and “physical element” 23. “Wrongful gain” and “wrongful loss” 24. “Dishonestly” 25. “Fraudulently” 1 Informal Consolidation – version in force from 2/1/2021 2008 Ed. Penal Code CAP. 224 2 Section 26. “Reason to believe” 26A. “Voluntarily” 26B. “Good faith” 26C. “Intentionally” 26D. “Knowingly” 26E. “Rashly” 26F. “Negligently” 26G. “Transferred fault” 26H. “Strict liability” 27.