SOC 443 Final Flashcards

1
Q

Mass Murder

A

The killing of 4 or more victims at one location on a single occasion

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2
Q

Spree Killer

A

When killings take place at two or more locations with almost no time break between murders

1) Multiple killings over a short period of time
2) No specific MO
3) Can change medium of murder

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3
Q

Serial Killer

A

A serial killer is typically a person who murders three or more people, usually in service of abnormal psychological gratification, with the murders taking place over more than a month and including a significant period of time between them.

1) Can be over short or long period of time
2) Specific MO
3) Has pattern- needs three homicides to create pattern
4) “Serial” can’t stop until influenced extreme external forces (They are too old, they die, or they get apprehended)
- - serial killers start but there is no end until they die or the law captures them

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4
Q

General Serial Killer Profile/Characteristics

A
  1. Gender: disproportionality male (98.7-99.5% are male)
  2. Race-overrepresented white
  3. Age 25-35 (When they start)
  4. Broken homes
    5) Regular crime age: 18-28
    6) Use methods such as strangulation, drowning.. aka methods of control
    7) High IQ
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5
Q

Why does the # of victims tend to range?

A

The number of victims is related to the nature of serial killing, cases become more complicated as serial killers gain more experience; victims become harder to find and searches are costly

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6
Q

Ed Gein (Psycho)

A
  • He killed 2 people (did not hit the “magic number” 3
  • “The butcher of Plainville”
  • Grew up in a very rural area in Wisconsin
  • His family passed away from illnesses
  • Triggered by the death of his mother.. who was very controlling towards Ed’s sexuality and purity. He boarded up her room and made it into a shrine
  • Killed 2 (similar) woman.. who had their own business, same age, could be related to his mom
  • Captured due to evidence on his second crime (He abducted her from her hardware store and killed her back at his house.. she was found hanging from deer hooks).. tracked him down by receipt
  • Had multiple items throughout his house made of human body parts
  • He dug up corpses from graves
  • He made outfits of human skin (women typically).. interested in taxidermy
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7
Q

Herb Baumeister (Sav-a-lot)

A
  • Founder of “sav-a-lot” thrift store chain
  • Killed people and buried the bodies
  • During 1970s
  • Extremely wealthy
  • Would send his wife and daughter on vacations over summer.. and would go to gay bars to prey on victims
  • Marriage deteriorates.. he moves out
  • FBI goes to interview his wife.. they tracked his license plate… she calls police when she finds bones in backyard
  • Knows cops are onto him so he shoots himself
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8
Q

Edmund Kemper III (mom/voice box) - Ed Kemper

A
  • Example of high achieving serial killer
  • “Coed Killer”
  • Troubled child (back and forth between his parents).. urinated on teachers desk as a child.. he tortured his cat
  • Was sent to grandparents and they were his first victims
  • Convicted as a juvenile.. got filing cabinet keys and got copies of psych exam in order to be released asap
  • Lived with his mom in the Bay Area (she worked at a university)
  • Began to pick up hitchhikers.. picked up around 100 before he started killing them
  • Victims typically college age females (killed over a dozen).. typically rape and killed college females
  • Created a toolbox of death
  • Last victims: mother and her best friend… raped his mom’s corpse
  • Calls his police friend and confesses
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9
Q

Albert Fish (Moon maniac)

A
  • In his 50s… started much later in life than typical serial killer
  • “moon maniac”
  • Seemingly lived a fairly normal life married had kids and stable job
  • Triggered by wife leaving him for his best friend & took the kids
  • Started doing odds and ends jobs (painting fences)
  • During full moons, he would go naked in his backyard and howl at the moon sometimes saying “I am christ” repetitively
  • finds a couple in Manhattan that needs some work done and he does multiple jobs for them.. invites their daughter to fake “birthday party” and kills her
  • Kept journals and wrote about how much his life sucked
  • He felt he was an angel sent from God to save these kids from the horrors of life
  • He felt that if he was doing something wrong he would be stopped
  • moved from state to state, then Canada (trail of victims)
  • Then caught because of first victim.. parents put pressure on the police and media every anniversary of the daughter’s disappearance.. he saw the article in canada.. he wrote to the parents admitting he killed her .. he cut her up and ate her
  • He was electrocuted in SingSing.. last words were “I look forward to electrocution, it is the one thrill in life I have yet to experience
  • Engaged in self flagellation before being caught (beat himself).. he was caught with 17 sewing needles in his scrotum
  • Sadist & masochist
  • He demonstrated a lot of characteristics we talked about in class
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10
Q

Randy Kraft (codebook/ Score card killer)

A
  • “The highway Killer”
  • He would pickup bodies and deposit them on the highway
  • A scorecard killer
  • Had a high IQ, great student from early on, seen as “gifted through his whole family
  • He kept a journal that was encrypted where only he could read it, no one else could until one person figured out what he was doing
  • Had 16-62 homicides
  • Used drugs on his victims, tortured victims
  • Caught when being pulled over by a police officer while intoxicated, had corpses in back of his truck
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11
Q

Dean Corll (Candyman)

A
  • Would torture men brutally after flirting with them and luring them to his house
  • Rented a couple different places where he would kill his victims and keep them there as trophies to avoid getting caught
  • Recruited a couple of young men to help find his victims and they would invite the victims to a party where Dean would kill them
  • Would first lure them by building model planes, and would get them high with glue
  • The “trophies” he would keep were the genetalia of the men he killed
  • Has a rotatory device he would attach to his victims before he killed them
  • Wasn’t caught, he was killed by one of his accomplices (love triangle)
  • 27 victims
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12
Q

Dennis Nilsen (British Dahmer; flatmates)

A
  • 16 Victims
  • Lived in a particular apartment building when he started killing
  • Trophies were bodies.. bodies started to deteriorate, soo he took them to the garden
  • Offered to take neighbor’s trash as debris to burn the bodies
  • “I cause dreams that cause deaths”
  • Glad to have been caught
  • Cut up and boiled to reduce biomass
  • Flushed remaining down the toilet
  • Superintendent called for backed up plumbing… dennis goes into sewer to remove debris that is backing up plumbing but does not get it all… human remains are discovered
  • Tells police where all the bodies were and surrendered.. not common for serial killers to surrender so easily
  • Trophies are what led to capture.. he socialized with the bodies
  • Theme: obsession with death.. the image of death
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13
Q

Larry Eyler (Interstate killer)

A
  • Would dump bodies on side of interstate
  • was a truck driver.. was pulled over by officer who notices the tire prints were similar to prints that were near the bodies found
  • Posted bail because a piece of evidence was thrown out
  • After being released a janitor from his building followed him around
  • He was taking out the trash and the janitor looked inside the bag and found body parts
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14
Q

Donald Harvey (Killer Nurse)

A
  • Claimed they were mercy killings
  • victims were elderly patients/ hospital patience
  • created trust with patients and would find ways to kill them
  • Worked in terminally ill section
  • poisoned with most painful poisons
  • Poisoned his lover and healed lover
  • Lovers family was not fond of him so he poisoned them with Hepatitis
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15
Q

Gerard Schaefer (Sheriff)

A
  • Convicted on 2 counts, associated with over 30 victims and
  • was a country sheriff in Florida
  • Traffic stop victims
  • Would pull over his victims in rural isolated areas and kill them
  • Trophies were anything paper that was on the victim at the time
  • Would torture victims for days until they died
  • Was killed in prison by another serial killer.. stabbed 40 times
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16
Q

Henry Lee Lucas and Ottis Toole (DUO)

A
  • Lucas: Dropped out of school, father was crippled and was made fun of constantly by wife so he left the wife and then committed suicide… mom left lucas un attended a lot, he stabbed himself in the eye and she didn’t come for for 3 days, when he came back she didn’t take him to the hospital so he lost an eye
  • Mother was a prostitute, she sent him to elementary school
  • Killed his mom and raped her corpse

Toole: dysfunctional with extreme schizophrenia, spent time in mental facilities

  • Both used barbecue sauce on victims.. cannibals
  • Both picked up hitchhikers
  • Broke up because Toole believes lucas killed his niece
  • Lucas was the brains of the operation
  • Lucas was an attention hound
  • Lucas offered law enforcement more information about other cases if he was taken out to prison to relive crimes
  • Lucas was killed in prison by another serial killer
  • He admitted to committing crimes that he didn’t do so he would get attention, cops gave him info on the case so he could confess to it

-Significance is that this case changed how police interview serial killers

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17
Q

Why the Bill of Rights

A
  • The bill of rights was added to the U.S constitution to guarantee the protection of the people from a strong central government.
  • It served as a compromise between the Federalist and the anti-Federalist in order to achieve ratification of the Constitution
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18
Q

What is selective incorporation?

A
  • Selective incorporation is the process utilized by the U.S. Supreme Court to ensure that citizen’s rights are not violated by law or procedures created at the state court level… aka making sure the bill of rights applies not only at the federal level but at the state level as well.. federal protections of bill or rights are applied to the states (14th amendment-due process clause)
  • A concept that refers to the way that selected provisions of the U.S. Bill of Rights have been applied to the states through the equal protection clause of the Fourteenth (14th) Amendment.
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19
Q

Protections against self-incrimination

A
  • You cannot be in criminal jeopardy if you’re on trial against yourself (5th amendment)…
  • The right to not testify against yourself during a trial. This is often called “pleading the fifth.” The government must present witnesses and evidence to prove the crime and cannot force someone to testify against themselves
20
Q

Connection between 5th and 14th amendment?

A
  • 5th says: “No PERSON shall be deprived of life, liberty, or property without due process of law.”
  • 14th says: “nor shall any STATE deprive any person of life, liberty, or property without due process of law” nor deny to any person within its jurisdiction the equal protection of the laws. The 14th amendment gives the court the power to tell states what to do.
21
Q

Instances in which you do NOT have these protections (can be forced to testify under penalty of law)?

A
  • Protections against criminal jeopardy (testifying against yourself)
  • Civil Case
  • If you’ve already been tried and its double jeapordy
  • companies cannot plead the fifth
22
Q

What type of instances can you stop someone else from testifying against you?

A

Pillow talk.. the stuff you say to your married partner can be considered under the philosophy that you are the same person

23
Q

What are Coerced Confessions

A

When confessions were forced and not voluntary, making them unconstitutional

24
Q

Brown v. Mississippi

A

Two individuals were convicted of murder, the only evidence of which was their own confessions that were procured after violent interrogation.

  • Brown was charged with the murder of the white farming landlord
  • There was physical coercion and he was convicted after the murder
  • He was convicted from confessions, but since the confessions were “unconstitutional” the case was thrown out because Brown’s confessions
  • ONly evidence of the murder was the 3 confessions from the 3 black farmers
  • ruled that a defendant’s involuntary confession that is extracted by police violence cannot be entered as evidence and violates the Due Process Clause of the Fourteenth Amendment.

-Established that physical coercion could not be done in order to obtain a confession

25
Q

Spano v. NY

A
  • There was physical coercion where a bar fight broke out with the semi-pro boxer and Spano got wrecked.
  • Spano was pissed off that he got beat up, so he went home, grabbed his gun and hunted down the boxer and killed him
  • Cops started asking the people around who witnessed it and concluded that Spano Killed him
  • Spano calls his cop friend, tells him that he killed the boxer and that he knows the cops are coming for him and that he will give himself up he just doesn’t want any violence
  • Spano turned himself in but refused to answer officers’ questions. The police questioned him for several hours before they brought in Spano’s friend Bruno to play on their friendship in order to convince Spano to confess, which he eventually did
  • Police denied Spano access to his lawyer
  • Court established that psychological coercion could not be pushed on someone. The Court held that the interrogation tactics the police used – such as questioning Spano for hours without a break and using a childhood friend to manipulate him – were coercive and violated the Fourteenth Amendment.
26
Q

Christian Burial Speech

A
  • a man named Robert Williams, who had escaped a mental hospital, was accused of kidnapping a missing girl, his lawyer advised him to turn himself in and he did, his lawyer also told him to not speak of the girl’s disappearance to the police officers on the way
  • Police told Williams, knowing he was very religious, to tell them the location of the girl so that the parents could have a proper “Christian” funeral. All without an attorney present and promising they would not talk to him during the drive back to Des Moines.
  • led to Williams making incriminating statements and to the girl’s body
  • A decision by the U.S supreme court that court that clarifies what constitutes “waiver” of the right to counsel for the purposes of the sixth amendment
  • Issue: whether a voluntary admission of incriminating facts in response to police statements constituted a waiver of this right to counsel
  • Majority opinion found that the officer exploited the suspect’s deep religious convictions to obtain an incriminating statement in violation of the suspect’s sixth amendment right to counsel
27
Q

What is the Exclusionary Rule?

A
  • Not in the constitution.. so it can be interpreted by states
  • Is the penalty for violating a person’s 4th amendment rights and was created by the Supreme court because there is no penalty provided in the 4th amendment
  • Judicially constructed and states that any evidence obtained in violation of a person’s 4th amendment right is not admissible at trial
28
Q

6th Amendment

A

Guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you

29
Q

Powell v. Alabama (Scottsboro Boys Case)

A
  • Nine black youths were accused of raping two white women.
  • Alabama officials sprinted through the legal proceedings: a total of three trials took one day and all nine were sentenced to death.
  • Alabama law required the appointment of counsel in capital cases, but the attorneys did not consult with their clients and had done little more than appear to represent them at the trial.
  • Violated the due process clause of the Fourteenth Amendment
  • Case ruled that state defendants in capital cases were entitled to counsel, even when they could not afford it
30
Q

Betts v. Brady

A
  • Betts was indicted for robbery in Maryland. - He was unable to afford counsel and requested one be appointed for him.
  • The judge in the case denied the request
  • Betts did not do well representing himself and was convicted of robbery, then appealed to the Supreme Court.
  • He argued he was wrongfully denied his right to counsel.
  • majority concluded that the possibility for counsel to be provided to non death penalty only to cases where the defendant was deemed to be mentally incapable, insane, etc (later overruled)

[Justice Black dissented, arguing that denial of counsel based on financial stability makes it so that those in poverty have an increased chance of conviction, which violates the Fourteenth Amendment Equal Protection Clause.]

31
Q

Gideon v. Wainwright

A
  • Gideon was charged in Florida state court with felony breaking and entering.
  • Gideon requested that the court appoint one for him, but Florida state law says and attorney may only be appointed to in capital cases, so the trial court did not appoint one.
  • Gideon represented himself in trial. He was found guilty and sentenced to five years in prison.
  • Gideon filed a habeas corpus petition in the Florida Supreme Court, arguing that the trial court’s decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief.
  • the Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. The Court reasoned that the Sixth Amendment’s guarantee of counsel is a fundamental and essential right made obligatory upon the states by the Fourteenth Amendment. The Sixth Amendment guarantees the accused the right to the assistance of counsel in ALL criminal prosecutions and requires courts to provide counsel for defendants unable to hire counsel unless the right was competently and intelligently waived.
32
Q

4th amendment

A
  • Wolf v Colorado
    You are protected against unreasonable search and seizure, meaning there are warrant requirements that must be met before
33
Q

Exceptions to the warrant requirement ( a search warrant without a warrant is constitutional when..)

A
  1. Voluntary or there is authority/ Consent: Bob was at his friend’s house and the cops came and asked to come in, Bob said yes, and the police believed they had the authority to go in since Bob said yes but in fact Bob does not live there and can’t give actual permission for cops to come in
  2. Destruction of Evidence: when evidence or presumed evidence is about to be destroyed, searches can be conducted if reasonable even with no warrant, ex:a breathalyzer)
  3. Incident to lawful arrest: If we thought Bob did it, then found out later that he did not do it, it’s still a lawful arrest because he was thought to have done it
  4. Officer Safety: if a cop rationally believes their safety is at risk, they can do a S&S
  5. Stop and frisk: reasonable suspicion and probable cause allows for S&S
  6. Exigent Circumstances: Police just minding their own business, hears a scream from inside a house, runs in to help and see what’s going on without a warrant
  7. Plain View: when you in plain sight see someone committing a crime. If someone is in a place where they can see plainly what is going on, it can be considered evidence without a search warrant. This happens most often when a cop is conducting a search under a different warrant
  8. Good Faith: When a search warrant gets written up for the wrong house by accident, cops go to the correct house the warrant was intended for, even though the warrant states a different address ; Another case would be if a cop accidentally searches the wrong person who happens to LOOK like someone who has a search warrant out for them, and the cop still finds illegal substance on the person. Although the person LOOKS like the one who has the warrant out for them, and although they do not have a warrant directly for THEM, they are still searched and illegal things were found so it is acceptable
34
Q

Kyllo v. United States

A
  • Marijuana case
  • Thermal test was done from outside house and showed illegal activity inside the house… cops got a search warrant from the evidence from the thermal imager
  • They found a couple of hundred marijuana plants growing in Kyllo’s house, Kyllo was convinced but court ruled in favor of Kyllo because they did not have a warrant for the thermal test search
35
Q

Ineffective Counseling

A

counsel is so bad that it can violate your sixth amendment right (2 points to prove)

  • demonstrate that counsel was very below average/acceptable and anyone w legal sense would have done it differently
    (ex. his attorney was asleep for 3 hours out of 3 hours and 40 mins)
  • if you had a modestly qualified attorney, it would have made a difference to the outcome of the case
36
Q

Difference between jails and prisons

A

Jails:

  • run by local law enforcement and/or local government agencies
  • designed to hold inmates awaiting trial or serving a short sentence.
  • run programs that are designed to help the inmates change their lives and improve themselves so they stand a better chance of avoiding a return visit (educational, substance abuse, vocational programs)
  • less well-developed facilities

Prisons:

  • operated by either a state government or the Federal Bureau of Prisons
  • designed to hold individuals convicted of more serious crimes, typically any felony
  • offer different programs to inmates depending on the inmate’s level of custody (i.e., minimum, medium, or maximum security, solitary confinement, etc.)
  • designed for long-term incarceration, they are better developed for the living needs
37
Q

Difference between probation and parole

A

Probation:

  • prior to and often instead of jail or prison time
  • opportunity to show that they want to rehabilitate themselves… under supervision
  • even though the person is not in jail, they may be subject to many of the same conditions of serving time in jail (ex. curfew, rehab, drug tests, etc)
  • failure to comply with any conditions can result in incarceration.

Parole:

  • conditionally released from prison to serve the remaining portion of their sentence in the community
  • additional function of trying to reintegrate a defendant into society
  • failure to comply with any of the conditions can result in a return to incarceration.
38
Q

Prison Overcrowding as Constitutional Issue

A
  • courts don’t think about getting involved until it’s extremely overcrowded
  • prison overcrowding could violate the 8th amendment because profound overcrowding can jeopardize safety and health care
39
Q

Policy Options to Reduce Overcrowding (and their limitations)

A
  1. Build more prisons
    - The state of California built prisons like no other federal government (32 prisons)
    - $, can’t build fast enough, NIMBYism
    - California has the most prison beds
  2. Intra-state transfers
    - transfer prisoners from an overcrowded prison to another less overcrowded… 200% to a 150%
    - where?
    - - does not fix the problem but may save a prisoner or guard
  3. Inter-state transfers
    - multiple elements of cost ($ premium… if it cost $100k to take care of a prisoner in my state, it’ll cost $100k + to take care of a prisoner from another state. ex: bc if they get out, they will attack people in this state, not the state they came from); transport costs too
  4. Alternatives to incarceration
    - electronic monitoring, halfway houses, etc.
    - - but it is political unattractive; NIMBYism
  5. Decriminalization
    - crime went up in 1960’s large part due to the baby boomers were now around their 20’s
    - sentences began to get longer
    - time served became longer
    - reducing sentences, until recently, were not on the agenda
    - - but it is politically unattractive, doesn’t affect current population
  6. Increased use of parole
    - political risk
    - truth-in-sentencing laws
    - - listed offenses: people must serve 80%-85% of their sentence to get parole
    - - comes from drug offenses
    - - cannot run a state prison system without federal money
    - – federal government wanted all states to have truth-in-sentencing parole
    - – would not fund state prisons if they did not cooperate with their truth-in-sentencing
  7. Jails
    - sending part of the prison population to jail
40
Q

Truth in sentencing laws

A
  • enacted to reduce the possibility of early release from incarceration. It requires offenders to serve a substantial portion of the prison sentence imposed by the court before being eligible for release.
  • listed offenses: people must serve 80%-85% of their sentence to get parole
    – comes from drug offenses
    – cannot run a state prison system without federal money
    federal government wanted all states to have truth-in-sentencing parole
    – would not fund state prisons if they did not cooperate with their truth-in-sentencing
41
Q

2 prison demographic groups

A

Women:
-increased criminal behavior
-changed laws, longer prison sentencing
- growth of women prisoners began in the 1980s
- keeping women in prison can be more expensive
– paying for their depending children when their mom is incarcerated
– become foster care kids, belong to the state now, etc
adding on to the existing women prisons, existing neighborhoods or building new prisons

Elderly:
- elderly —> 55 and above in prison
– age 10 times faster than the rest of the population
— stress/prison life is hard
— prisoners as a group tend to have drug use, etc
- Social phenomenon of interest
– growth/rise of elderly in prison population
– changed our policies
— longer sentencing, longer prison terms served
— more aggressive policing
— more aggressive prosecution
—- mandatory minimum sentencing
General prison population was at an all time high in the 1970s
Elderly prison population began to really grow in the 1990s
average minimum security prisoner $48k-$50k
maximum security prisoner $80k-$95k
- over 55 years old prisoner $100k
– mostly due to health care in prisons

42
Q

Conrad’s types of violent offenders

A

Culturally violent offenders: people who live in subcultures where violence is an acceptable problem-solving mechanism.
Criminally violent offenders: use violence as a means of accomplishing a criminal act, such as robbery. Mental illness characterizes as pathologically violent offenders.
Situationally violent offenders: use violence on rare occasions, often under provocation or heat of passion, during disputes that get out of hand and later regret.

Media focuses mainly on criminally and pathologically violent offender but culturally and situational violent offenders are the most common

43
Q

Types of Rape

A
  • Anger rape: sexual attack is used to express rage or anger. Involves far more physical assault on the victim than necessary. About 40% of subjects are anger rapists.
  • Power rape: to express his domination over the victim, is viewed as an expression of power rather than a means of sexual gratification. Uses only the amount of force necessary to exert his position of power. 55% were this type.
  • Sadistic rape: combines the sexuality and aggression with desire to torment, torture, or abuse his victim. 5% were this type.
44
Q

Types of rapists

A
  • Naive graspers: usually sexually inexperienced youths with unrealistic conception of female erotic arousal
  • Meaning stretchers: most typical rapists, date rapists. Thinks female still wants sex because she is friendly or affectionate even when she says no to sex.
  • Sex looters: very little desire for affection/little respect for the victim’s autonomy and use women as sex objects.
  • Group conformers: participate in group rapes or gang bangs
45
Q

Conklin’s typology of robbers

A
  • Professional robbers: have a long term commitment to crime. very rational about crime and plan their operations carefully.
  • Opportunist robbers: most common. having very little commitment/specialization in robbery, they are property offenders. robberies are not frequent and unplanned. mostly lower-class, minorities.
  • Addict robbers: addicted to substances such as heroin and commit robbery to support their expensive habits. interested in safe/quick criminal gain so less likely to do robbery, more likely to engage in burglary or sneak thieving. offenders are less likely to use weapons and more likely to use physical force as intimidation.
  • Alcoholic robbers: little commitment to robbery. engage in unplanned robberies on occasion in order to support their habit. many are intoxicated during their offense.