Crime Prevention Strategies

Crime Prevention Strategies

Crime Prevention Strategies

Prayag Sinha

Crime Prevention Strategies

Prayag Sinha

ISBN - 9789361528729

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Preface

The book is about the different goals and perspectives of crime control as well as the different theories of policing and arrest strategies. The book takes into account the multiple aspects of policing, arrests, prosecutors and the book also goes into detail about the history and involvement of community in policing. The book dives deep into the different angles of prosecution, which is an in-depth analysis of both the harder and the softer sides of it and the book also goes into detail about the positive and negative sides of plea bargaining. The book talks about the diverse approaches to crimes like gambling, prostitution and their impact on society. The book talks about drug abuse and drug prohibition and raises a fundamental question about whether prohibitions are really effective or not. The book talks about gun possession and the ban of firearms and questions the ethics of owning a gun even under supposedly normal circumstances. The book discusses in brief about the history of shaming and the different varieties of it. The book also discusses about the different kinds of sentencing, their mechanisms and their implications on the overall justice system. The book provides a brief overview and an introductory analysis of capital punishment, castration and the effects of recidivism. The organization and administration of probation and parole has been elaborately discussed in the book as well as the dynamic aspects of job training, rehabilitation and treatment of different kinds of criminals. The book is an organized update on the current trends in crime and a profound analysis of the method of environmental manipulation and its contribution to reducing criminal opportunities.

Table of Contents

1 Identifying and Evaluating Crime Control 1

1.1 Introduction: Crime and its types 1

1.1.1 Violent Crimes 2

1.1.2 Property Crime 2

1.1.3 White Collar Crime 2

1.1.4 Blue Collar Crime 6

1.1.5 Organized Crime 7

1.1.6 Consensual Crime 7

1.1.7 Crimes Against Humanity 8

1.2 Criminal Law 9

1.2.1 Theories of Punishment 10

1.3 Incidence of Crime 11

1.4 Cost of Crimes 12

1.4.1 Cost Estimations 12

1.4.2 Crime Estimates and Policy Cost 13

1.5 What’s worse: fear of crime or the crime itself? 13

1.6 Defining the Crime 14

1.7 Solutions or measures of Crime Control 15

1.8 Quantitative or qualitative 16

1.9 Macro and Micro Level in Crime Control 17

1.10 Measuring Displacement and Diffusion 18

1.11 References 18

2 Crime Control Perspective 19

2.1 Introduction 19

2.2 Operational Perspective 19

2.2.1 Due process and crime control 20

2.3 Systems and Non-Systems 21

2.3.1 What is a System? 21

2.3.2 Well-oiled Machine or a Dis-organized Mess? 21

2.3.3 Funnel model of Justice 22

2.3.4 The criminal Justice Wedding Cake 24

2.4 Political Perspectives 25

2.4.1 Liberals and Conservatives 27

2.4.2 Causes of Crime 28

2.4.3 Consequences of Crime on Society 30

2.4.4 What should be done about Crime? 31

2.5 Consensus and Conflict Model 32

2.6 Other Perspectives 33

2.6.1 Faith and Fact 33

2.6.2 Crime Control and Revenue Generation 34

2.6.3 Politics and Ivory Towers 34

2.7 Goals of Crime Control 35

2.7.1 Deterrence 35

2.7.2 Retribution 36

2.7.3 Incapacitation 37

2.7.4 Rehabilitation 37

2.7.5 Restoration 38

2.8 Summary 38

2.9 References 39

3 Traditional Policing 40

3.1 Philosophy of Increasing the Police Force 42

3.2 Effectiveness from an Increase the Number of Cops 45

3.3 Lessons from the City of Kansas about Crime Rate 46

3.3.1 Misinterpretations about the city of Kansas 48

3.3.2 Criticism on the Crime Rate of Kansas City 49

3.4 The Intellectual debate on the Crime Rate of

Kansas City 49

3.5 The Violent Crime Control Act of 1994 50

3.5.1 Various Provisions 50

3.6 Consequences of the Police going on a Strike 51

3.7 De-Policing and the alleged Ferguson Effect 52

3.8 Thin Blue Line: Is there a Police Presence 53

3.9 Responsibilities and Effectiveness of Tasks conducted

by the Police 55

3.10 Freeing Up of Resources 56

3.10.1 One versus Two Patrol Officers 56

3.10.2 Application of 311and Patrol Downtime Studies 57

3.11 Reactive Policing and Random Patrol 58

3.11.1 Domestic Violence Arrests 58

3.11.2 Rapid response towards Crime and Random Patrolling 59

3.12 Detective Work and Crime 59

3.12.1 The Rand Study and its recent Developments 59

3.13 Private Policing 60

3.13.1 Private Policing versus Private Security 60

3.13.2 Controversies in Private Policing 60

3.14 Reference 61

4 Proactive Policing, Directed Patrol, and Recent Advancements 62

4.1 Introduction 62

4.2 Proactive Arrests 63

4.3 Directed Patrol 67

4.4 Stop- Question- and Frisk 70

4.5 Broken Windows and Disorder Reduction 70

4.6 Focused Deterrence 72

4.6.1 Group Violence Reduction 73

4.7 Partnering 74

4.8 Technology and Less Lethal Weapons 74

4.9 Using Data to Inform Decisions 75

5 Community Involvement in Policing 76

5.1 Guidelines for Better Community Involvement in Policing 77

5.2 Fixing Strained Police-community Relationship 78

5.3 Three ways to Improve the Relationship between

Police and Community 79

5.4 Procedural Justice 82

5.5 President’s Task Force on Twenty First Century Policing 83

5.6 Community Justice 84

5.7 Community Policing 85

5.7.1 Organising Neighbourhood Watch Programmes 86

5.7.2 Seattle approach to Integrated Community Policing 87

5.7.3 The Hartford Approach to Integrated

Community Policing 88

5.8 Community Meetings 88

5.9 Bringing the Community to the Police 89

5.9.1 Citizen Patrol 90

5.9.2 Citizen Police Academies 90

5.10 Third Party Policing 91

5.11 Summary 92

5.12 References 93

6 Crime Control Through Legislation 94

6.1 Legislative Bans 94

6.1.1 When There’s a Demand, There’s a Supply 94

6.1.2 Legislative ban on smoking in Public Places 95

6.1.3 Total Tobacco Bans 95

6.1.4 Effects of Public smoking ban on Businesses

in the United States 96

6.2 Historical Lessons 97

6.2.1 Gambling and Prostitution 98

6.2.2 Attitude of the Public towards Prostitution 101

6.2.3 History of Gambling 103

6.2.4 Prohibition of Gambling and Prostitution 105

6.2.5 Prohibition of Prostitution 106

6.3 Bans and their Enforcement 107

6.3.1 Gun Bans: Ban Specific Guns and Gun Possessions 107

6.3.2 Drug Bans: The Scope of America’s Drug Problem 109

6.3.3 Drug Ban Problems 110

6.3.4 Does it Work? 111

6.4 Legislative Gun Control 111

6.4.1 Altering Gun Designs 111

6.4.2 Regulating Gun Transactions 112

6.4.3 Denying Gun Ownership to Dangerous Persons 112

6.5 The Right-to- Carry Controversy 112

6.5.1 Concealed Carry Laws 112

6.6 Public Notification and Related Laws 113

6.6.1 Megan’s Law 113

6.6.2 Legal Issues 113

6.6.3 Effects on Crime 114

6.7 Sex Offender Registry Restrictions 114

6.7.1 Punitive Sanctions for Sex Offenders 114

6.7.2 Does it Work? 114

6.8 Other Legislative Approaches 115

6.8.1 White Collar Crime Laws 115

6.9 Anti-terrorism Laws 115

6.9.1 Does it Work? 116

6.10 Summary 116

6.11 References 117

7 Crime Control in the Courts and Beyond 118

7.1 Courts and Incapacitation 118

7.1.1 Pretrial Incapacitation 119

7.2 Does It Work? 122

7.3 Diversion 123

7.3.1 Examples of Programmatic Diversions 123

7.3.2 Diversion Evaluation 124

7.4 Does it Work? 124

7.5 Shaming 124

7.5.1 A Brief History of Shaming 125

7.5.2 Examples of Shaming Penalties 126

7.5.3 Criticisms of Shaming 127

7.5.4 Braithwaite’s Reintegrative Shaming 127

7.5.5 Shaming and Recidivism 128

7.6 Does it Work? 128

7.7 Restorative Justice 129

7.7.1 Does it Work? 129

7.8 Antigang Injunctions 130

7.8.1 Does it Work? 130

7.9 Problem Solving Courts 130

7.9.1 Drug Courts 131

7.9.2 Domestic Violence Courts 132

7.9.3 Community Courts 133

7.9.4 Teen Courts 135

7.9.5 Other Specialized Courts 135

7.9.6 Does it Work? 137

7.9.7 Summary 137

7.10 References 137

8 Sentencing 138

8.1 Introduction 138

8.2 Non – prison Sentence 139

8.2.1 Fines 140

8.2.2 Forfeiture 141

8.2.3 Restitution 141

8.3 Types of Prison Sentences 142

8.3.1 Concurrent and Consecutive Sentence 142

8.3.2 Suspended Prison Sentences 143

8.3.3 Determinate and Indeterminate

Prison Sentences 143

8.3.4 Life Sentences 144

8.4 Prison Strategies Without Regard to Sentence Length 145

8.4.1 Selective Incapacitation 145

8.4.2 Civil Commitment 146

8.5 Super Max Prison 147

8.6 Thinking about Various Types of Offenders 147

8.6.1 Crime against a Person 147

8.7 Determinate Sentencing 152

8.7.1 Discretion in the Criminal Justice System 152

8.7.2 Impact on Crime 154

8.8 Sentence Enhancements 156

8.8.1 Sentence Enhancements for Guns 156

8.8.2 Sentence Enhancements for

Hate-Motivated Offenses 157

8.9 Mandatory Sentencing 158

8.9.1 Mandatory sentencing a blunt tool for

the Drug War 159

8.10 Conclusion 160

8.11 References 161

9 Probation, Parole, and Intermediate Sanctions 162

9.1 Introduction 162

9.2 The Organization and Administration of Probation

and Parole 162

9.2.1 Common Probation and Parole Condition 163

9.3 Probation and Parole Issues 165

9.3.1 Caseload Concerns and Crime 166

9.4 Offender Characteristics over Time 168

9.5 Are Parolees Equipped to Re-enter Society? 169

9.6 Consequences to Society of Prisoner Re-entry 170

9.7 Intermediate Sanction 170

9.7.1 The Net Widening Problem 171

9.7.2 A Typology of Intermediate Sanctions 171

9.7.3 Community Restraints 172

9.7.4 Intensive Supervision Probation 172

9.8 Home Confinement and Electronic Monitoring 172

9.8.1 GPS Monitoring 173

9.8.2 Structure and Discipline 174

9.8.3 Adult Boot Camps 175

9.8.4 Juvenile Boot Camps 176

9.9 Hybrid Intermediate Sanctions 177

9.9.1 Shock Probation 177

9.9.2 Halfway Houses 178

9.9.3 Day Reporting Centres 178

9.9.4 Foster and Group Homes 178

9.9.5 Scared Straight 179

9.9.6 Does it Work? 179

9.10 Conclusion 179

9.11 References 180

10 Individual, Family, and Household Crime Control 181

10.1 Involvement of Government in Individual and

Household Crime 182

10.2 Guns and Personal Defense (Individual Crime Control) 182

10.3 Measuring Gun Prevalence 183

10.4 How often Guns are used for Self-defense? 184

10.5 Debunking the Narrative Good Guy to the Rescue 184

10.6 Gun Prevalence and Crime 185

10.7 Armed Resistance and Victim Injury 185

10.8 Risk-Avoidance Behaviors 186

10.8.1 Characteristics of Victims 186

10.8.2 Risk Management Behaviors 187

10.8.3 Self-Defense Training 188

10.9 References 188

11 Crime Control in the Community and in the School 189

11.1 Definition of Community 189

11.2 Community Development and Its Types 190

11.3 Social Ecology of Crime 192

11.3.1 Poverty 193

11.3.2 Race Ethnicity and Crime 194

11.3.3 Race and Inequality 194

11.3.4 Rising Population 195

11.4 Financial Assistance to Communities 197

11.4.1 Enterprise Zones 197

11.4.2 Community Development Block Grant 198

11.4.3 Justice Reinvestment 199

11.5 Various Other Methods of Community Crime Control 200

11.5.1 Community Mobilizing 200

11.5.2 Anti-gang Initiative 200

11.5.3 Youth Mentoring 201

11.5.4 After-School Programs 202

11.5.5 School-Based Crime Prevention 202

11.5.6 Crime in Schools 203

11.5.7 Roles of Schools in Crime Control 203

11.5.8 Role of Teachers 204

11.5.9 Role of Family 204

11.5.10 Role of the Classmates and Students 204

11.5.11 Role of Government in Crime Prevention 205

11.5.12 Drug Abuse Resistance Education 206

11.5.13 Gang Resistance Education 206

11.5.14 Behavior Modification 207

11.6 References 207

12 Reducing Criminal Opportunities Through

Environmental Manipulation 208

12.1 Introduction 208

12.2 A Quick Return to Theory 209

12.2.1 Rational Offenders 210

12.2.2 Crime Pattern Theory 211

12.2.3 Territorial Functioning and Defensible Space 213

12.2.4 The Return of the Broken Windows Theory 215

12.3 How Environmental Manipulation Occurs? 216

12.3.1 Access Control 217

12.3.2 Surveillance 218

12.3.3 Activity Support 218

12.3.4 Motivational Reinforcement 219

12.4 The Effectiveness of Environmental Manipulation 220

12.4.1 Residential Areas 220

12.4.2 Residences 221

12.4.3 Areas Surrounding Residences 222

12.4.4 Comprehensive Approaches 223

12.5 Life behind the Wall: Gated Communities,

Does it Work? 224

12.5.1 Business Gated Communities 225

12.5.2 Transportation Gated Communities 226

12.5.3 Other Places 228

12.6 Conclusion 228

12.7 References 229

13 Putting it All Together and Explaining Crime Trends 230

13.1 Introduction 230

13.2 Effective Crime Control 231

13.2.1 Situational Crime Control 234

13.3 Failure in Crime Control 236

13.4 Criminal Justice 236

13.4.1 Law 237

13.4.2 Academic Discipline 239

13.5 Emerging forms of Crime 240

13.5.1 Technology in Crime Prevention 242

13.6 References 243

Index 244

Chapter

1 Identifying and Evaluating Crime Control

1.1 Introduction: Crime and its types

From harmless pranks to petty thefts to scams worth hundreds of millions, from eve-teasing to rapes, from minor violent acts to gruesome murders, any such act or behavior that is illegal in the eyes of law can be referred to as crime.

Crimes are of several types and criminologists categorize crimes into six major categories. They are property crimes, violent crimes, consensual crimes, organized crime, white collar crime and blue collar crime. Within each of these major categories, there are some specific types of crimes. For example, violent crimes include robbery, rape, assault, homicide, while larceny, arson, motor vehicle theft are included in property crimes.

1.1.1 Violent Crimes

As the name suggests, violent crimes are the crimes in which an individual intentionally uses violence against another. The National Research Council defined violent crimes as the behavior or act of intentionally threatening, attempting to harm or harming others. Violent criminals include terrorists, murderers, drug lords, rapists, shooters, gangsters and so on. The way violence is defined greatly depends on the behaviors that are thought to be violent, violence levels in different places and time frame and the responses of the society to violence.

The most serious of all the violent crimes is probably homicide, as it involves taking away a human life. Furthermore, data of homicides are mostly accurate as homicides rarely miss the attention.

1.1.2 Property Crime

Property crimes, which include arson, larceny, burglary and motor vehicle theft, are very common in the US and throughout the world in general. Property crime can be understood better by studying the social network and roles of property criminals. In this context, criminologists classify property crimes into professional theft and amateur theft. Studies have shown that, most property criminals are in fact amateurs, they are young, naïve and unskilled. They do not plan in advance and opt for quick gains. On the other hand, professional criminals are often middle aged and skilled and they carefully plan their crimes.

One cannot conclude the discussion on property crimes and criminal without mentioning cat-burglars. These are the burglars who steal jewelry, expensive sculpture or artwork, money by scaling tall buildings.

1.1.3 White Collar Crime

Which among the following two options better describes a criminal:

• A scowling young man with full face of scruffy beard, or

• A good-looking middle aged man dressed in a dapper suit?

Almost all of us will go with the first option. This is primarily because our minds have been shaped that way by the films we watch and by the newspaper articles that we read. Broadcast and print media mostly reports about violent crimes and property related crimes, the perpetrators of which are mostly men with sneers and scowls and a full face of unkempt beard. Some of us might have had firsthand experience with such crimes and criminals. As harmful as these crimes can get, white collar crimes are a bigger menace. These crimes cause monetary loss, mental illness, physical injury and even deaths.

This brings us to the question, what white collar crime exactly means. Edwin Sutherland, the man who coined the term ‘white collar crime’ and he defined the term as a crime committed by a person of respectability and high social status in the course of his occupation. Seventy of the largest United States corporations were studied by Sutherland. He found in his studies that laws were violated by those corporations over hundreds of times. These included committing crimes during World War I or II like supplying weapons of substandard quality, providing spoiled food items and even weapons were sold to the nations that the United States was fighting against, like Germany.

The scenario has changed in the modern day. Studies of white collar crimes now include frauds in automobile repair shops and wage theft by book keepers, cashiers and other employees who are of a relatively low status. Most of the researches conducted on white collar crimes base their investigations on Sutherland’s definition and focus on crimes that whose perpetrators are people of respectability and high social status. In today’s world, the studies of white collar crimes around the crimes by attorneys, physicians and other high profile professions and corporate crimes (crimes that are committed by an organization or corporation or an individual associated with a corporation).

Fraud in the health care sector for is cost and extent is considered to be worst amongst all other professional frauds. In the United States of America, health care fraud amounts for more than 100 billion dollars in a year, which is 80% more than what all the property related crimes together amount to. For example, there are some physicians who bill private insurance and Medicare for services like treatments and tests that patients might never need or even if they need they might never receive those services. Companies that deal in medical equipments like surgical tools, imaging machines etc, often sell equipments of substandard quality. To compensate the economic loss that results from it, health care facilities hikes up the price of medical services and the costs of insurances. It is not difficult to recognize the pattern here: the pattern in which health care facilities are robbing individuals even though they are not breaking into anyone’s house or robbing anyone at gunpoint.

Professional frauds are no joke, but corporate frauds trump them all. In fact, white collar crimes of all forms are dwarfed by corporate frauds. Corporate frauds incur the maximum monetary loss, results in deaths, illness and injury. Activities such as misleading advertising and price fixing are corporate financial crimes.

One of the best examples of corporate scandal is the Eron Scandal. Eron Corporation was formed by Kenneth Lay after the merger of InterNorth and Houston Natural Gas. Several years after the merger, the Corporation hired Jeffrey Skilling. He formed a group of executives, who took advantage of accounting loopholes, poorly made financial reports and special purpose entities in order to hide debts of billions of dollars that were the result of failed projects and deals. Andrew Faston, Eron Corportation’s Chief Financial Officer, along with a number of other executives misguided Enron Corporations Audit Committee and the Board of Directors regarding risky accounting practices. They also made Aurthur Andersen turn a blind eye to the issues.

Stock prices of Enron reached sky high in mid 2000s reaching a maximum of 90.75 US dollars per share. The prices dropped to as low 1 US dollar per share within one and a half year. Following this, the shareholders of Enron filed a lawsuit of 40 billion dollars against the company. The issue was investigated by the United States Securities and Exchange Commission. Dynegy Inc., a rival company based in Houston, wanted to purchase Enron and offered chump change as price. However, the deal failed and in the year 2001, Enron Corporation filed for bankruptcy under the United States Bankruptcy Code’s Chapter 11. The Corporation has assets worth 63.4 billion US dollars. It was considered to be the biggest ever corporate bankruptcy in the United States of America until the bankruptcy of WorldCom that happened the following year. Workers in the number of thousands lost their jobs and pensions and the share holders of the company lost billions of dollar.

In this decade and also in the decades earlier, corporate frauds have crippling effects on the economy of the United States. Thousands of jobs and billions of dollars were lost. Corporate violence is worse. Corporate violence refers to murdering and maiming people or leaving them physically or mentally crippled for life. Employees of the corporate sector, people who consumes corporate goods and services and the general public are the sufferers of corporate violence. It is shocking to know that, corporate violence accounts for more number of deaths than that from homicide.

Workers are often subjected to unsafe workplaces, where they are either exposed to harmful chemicals or are asked to operate heavy machineries that often prove to be hazardous for their safety. Such conditions often lead to illness and an eventual death. A recent study revealed that, over 50,000 people die every year from exposure to hazardous conditions in workplaces. Almost 1500 coal mine workers die each year from a disease called the black lung disease. Black lung disease results from inhaling coal dust. Adequate measures or interventions by coal mining companies would have prevented most of these deaths, if not all.

Another example would be that of the asbestos industry. The asbestos industries even after learning that asbestos exposure can lead to lung cancer and other fatal lung diseases continued with their work. Asbestos was widely used as fire retardants in offices, schools and other buildings. Over 200 thousand asbestos workers or general public are either dead or are awaiting death from asbestos poisoning.

Products that are unsafe in nature kill or maim the consumers. One of the most infamous examples of death due to an unsafe product is the one of Ford Pinto. Ford Pinto sold its first cars in the 1970s. The cars caught fire and often exploded whenever it was hit from behind. The manufacturers of Ford knew that the gas tank was susceptible to explosions in case of collisions in the rear end. After making some calculations, they determined that it would take 11 dollars per car to repair the issues with the gas tank. It then analyzed the cost that it would take to settle the lawsuits that were filed after drivers and passengers died in Pinto cars. The analysis revealed that almost 87 million dollars could be saved if they did not fix the issues with their cars, what it did instead was pay compensations to the victims or their families. Because of this decision, Pinto rear-end collisions resulted in over five hundred deaths and many others were burned.

The number of the deaths and the extent of economic loss resulting from white-collar crime are not easy to estimate. But allegedly, it exceeds the losses from all crimes. An estimate has been made that states that, in a year there is a loss of over 700 billion dollars from tax evasion, employee theft and professional fraud and an annual death of over 100,000 people, from hazardous workplace conditions, injury or illness at workplace and using unsafe products. This highly dwarfs the economic loss form property crime and death toll from homicide which amount to about 20 billion dollars and less than 17,000 respectively.

Street crimes worry us more than white-collar crimes. Yet the latter dwarfs the former in terms of both economic loss and deaths. Regardless of the harm that are caused by white-collar crimes, punishments or penalties received by a corporate criminal is way more lenient than the punishments received by any street criminal.

1.1.4 Blue Collar Crime

Unlike white collar crime, blue collar crimes are the crimes that are committed by individuals who belong to a lower social class. Blue collar crimes are a menace to the society; however, it hasn’t been legally classified yet. The primary motives behind the crimes are immediate personal or collective gain. These crimes also include violence resulting out of personal fights and confrontations. Assault and murder, theft and burglary, sexual assault and rapes, drug production, distribution and consumption also fall under blue collar crimes.

From the 1910s to the 1920s, manual laborers in America chose the color blue as the color for their uniforms to make the stains less pronounced. During that period of time, the term ‘blue collar’ became synonymous with lower class people, as they were the ones who were almost exclusively assigned to jobs that required manual labor. No significant changes are seen in this context. It is to be noted that, blue collar crimes also address the unemployed belonging to lower social class.

According to the International Conference of Labor Statisticians or the ILO, unemployed were the persons who belonged to a particular age group, during a particular time, did not have a job, were available for a job, were looking for a job.

1.1.5 Organized Crime

Crimes are often committed by organizations or groups that exist exclusively to commit those crimes. These sorts of crimes are known as organized crime. It is essentially a section of local, national or transnational enterprises that are operated by criminals.