Midterm Review Flashcards

1
Q

Ten Fallacies about crime

A
  • Dramatical fallacy
  • Cops and courts fallacy
  • Not from here fallacy
  • The Not Me Fallacy
  • The innocence of youth fallacy
  • The ingenuity fallacy
  • The Organized crime fallacy
  • The Welfare state fallacy
  • The Agenda fallacy
  • The whatever you think fallacy
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2
Q

Dramatical Fallacy

A
  • This is what we see portrayed on TV and movies

- Most of the crimes committed are done by people who we know and know us

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3
Q

The Cops & Courts Fallacy

A
  • The people believe that cops should always be there to prevent the crimes from occurring in the first place or to catch the bad guys
  • There is also belief from the public that courts are effective in deterring crime
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4
Q

Not From Here Fallacy

A
  • Judgment of criminality increases if an individual or group does not: does not come from here and therefore more likely to commit a crime. They don’t look like sound like, dress like, or act like me
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5
Q

The Not Me Fallacy

A

The Barista Paradox:

  • For example at Starbucks when you get more change back and you don’t speak up. Maybe the barista was busy and didn’t notice
  • We all have the ability of being a criminal offender. It’s all about the setting and the opportunity.
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6
Q

The Innocence of Youth Fallacy

A
  • Vast majority of the crime problem is begin committed by youth
  • This is often explained by the younger individual being corrupted by someone older
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7
Q

The Ingenuity Fallacy

A
  • Most crimes do not take special training to pull off

- Very easily done

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8
Q

The Organized Crime fallacy

A
  • Most crimes are done by individuals acting alone
  • If the individual is younger then they usually have a co-offender. this might be because it is a social act and trying to look cool
  • very little organization is required to commit a crime
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9
Q

The Welfare state fallacy

A
  • Opinion 1: excessive social welfare causes crime
  • Opinion 2: insufficient social welfare causes crime
  • There is actually no relationship between social welfare and crime. Sweden is a good example
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10
Q

The Agenda Fallacy

A
  • Most proposed solutions to crime are part of a larger agenda.
  • Political agenda
  • Moral agendas (follow certain moral creed)
  • Social agendas
  • Religious agendas
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11
Q

The Whatever You think Fallacy

A
  • Crime is subjective. We each define it differently.
  • Each society and state manufactures crime arbitrarily
  • No universal processes or patterns to crime
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12
Q

Violations of law

A
  • A behavior that breaks the law and leaves offender liable to public prosecution and punishment.
  • The rule has to be known
  • Liable: crimes may be intentional or unintentional but negligent
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13
Q

Mala in se

A
  • A crime in and of itself: Murder, rape, robbery, assault, arson,and burglary
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14
Q

Mala prohibita

A
  • Prohibited by law, but not the same everywhere: drinking alcohol, premarital sex, women voting, women driving, internet hunting, chewing gum, and shooting turtles
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15
Q

Violations of moral codes

A
  • a behavior that transgresses a moral proscription and leaves the offender liable to public condemnation, punishments, and/or ostracism
  • Examples include: teen moms, sexual harassment, cutting your hair in the Sikh culture
  • Not violations of law, but violations set forth by another institution
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16
Q

Violations of social norms

A
  • A behavior that transgresses a (unspoken) social or cultural rule that leaves the offender liable to public gossip, ridicule, and/or ostracism
  • Mean Girls dress scene with Regina
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17
Q

Antisocial behavior

A
  • Behavior that lacks consideration of others and may cause damage to society, whether intentionally or through negligence
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18
Q

Social origins of law

A
  • Law reflects social consensus about morality
  • Law reflects power of special interest groups. Laws enforced against groups that threaten value and social/economic positions of special interests
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19
Q

What is crime?

A
  • An identifiable behavior that an appreciable number of governments have specifically prohibited and formally punished.
  • Includes: rare crimes that are widely punish. Moral violations and social violations that are codified law
  • Excludes: oddball crimes that are irregularly punished. Moral and social violations that we merely disapprove of.
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20
Q

Part I Crimes (UCR)

A
Violent 
- Aggravated assault 
- Forcible rape 
- Murder 
- Robbery 
Property 
- Arson 
- Burglary 
- Larceny-theft
- Motor vehicle theft
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21
Q

Part II Crimes (UCR)

A
  • Leads to violations and fines
  • Simple assault
  • Curfew violation and loitering
  • Forgery and counter fitting
  • Disorderly conduct
  • DUI
  • Drug offenses
  • Fraud
  • Gambling
  • Liquor offenses
  • Domestic abuse
  • Prostitution
  • Sex offenses
  • Stolen property
  • Vandalism
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22
Q

Pre-Enlightenment

A
  • Crime had a supernatural origin in Medieval Europe
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23
Q

Proof Systems

A
  • Two eye witnesses. Not very hard to come by, they could be bought.
  • One eye witness and a confession. The confession was usually tortured out of them them
  • Confession and overwhelming circumstantial evidence
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24
Q

Blood sanctions

A
  • Death for major offenses

- Mutilations for minor offenses, like cutting off a finger or hand

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25
Q

The Classic School

A

Cesare Beccaria (1738-1784)

  • He was interested how we got about moving away from harsh punishment of crime towards something that is more rational
  • Utilitarianism: greatest good for the most people
  • Social contract: not between people and god but between people or people and the government.
  • Social harm prevention: purpose of law and punishment is to prevent harm to society
  • He believed people had free will, they were hedonistic, and rational
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26
Q

Classical School - Enlightenment

A
  • Presumption of innocence
  • Due Process ( provision of all rights a person is entitled too)
  • Public, impartial trails (right to be judged in public, right to be judged by a jury of peers)
  • Adherence to evidence/procedure
  • Equality before law
  • Equal punishment for equal crime. If two people commit the same crime they are to receive the same punishment
  • irrational & ineffective law lead to more crime
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27
Q

Classical deterrence theory

A
  • Punishments can be structured in such a way that rational people will evaluate costs and crime as outweighing the benefits
    • Certainty: If you transgress law there is a certainty that you will be caught and punished for it
  • -Celerity: refers to how timely the punishment
  • -Severity: is the least worse. The punishment should be proportional to the crime committed
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28
Q

Positivist school (Italian)

A
  • Idea that we could solve problems with logic
  • Arational: There aren’t rational thoughts goign on at all
  • Individuals didn’t have free will, determined by natural law
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29
Q

Crime sequence

A

Incident
- happens in a second - a short amount of time
Aftermath
- Takes a lot longer and the process in which this is done is also longer

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30
Q

How do we know about crime?

A
  • Crimes are behavioral violations of the law reported to and certified by the police
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31
Q

Why are Part I crimes tracked?

A
  • They are crimes mala in se
  • Severity
  • Frequency
  • Visibility
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32
Q

Part I/Part II controversy

A
  • Consensus or special interest
  • Part I crimes usually concentrated in poor/minority communities
  • White collar crimes are usually fraud and considered huge offenses
  • Property crime: $16 billion
  • White collar: $ 300-600 billion
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33
Q

Self-fulfilling prophecy

A
  • FBI mandate → policing priorities → reports taken → crimes cleared → official crime statistics → FBI mandate, and so on
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34
Q

Public & Official crimes

A
  • Police are rarely present at the incident. The crimes come to the attention of the police via the public.
  • if the public doesn’t report a crime then they have no way of knowing about it
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35
Q

Reasons for not reporting crime

A
  • Attempted but not completed
  • Little loss or injury
  • Sense of security intact
  • Does not seem seem serious
  • Did not involve firearm
  • Social stigma
  • Police can’t solve
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36
Q

Street Justice

A
    1. Formal police justice is to slow and often not enough.

- 2. People don’t trust the police to respect their interest-loss of faith

37
Q

The ecological fallacy

A
  • the aggregate data will suggest one thing however aggregate characteristics don’t map into individuals. People can do something different every time they leave the house
38
Q

The ethnographic fallacy

A
  • Generalizations are very difficult to make from single case studies. One person or location is not an adequate segment. External data needed.
  • Case studies are biased towards verification.
39
Q

General casual model

A

Characteristics or conditions in non-criminal preludes are responsible for criminal incidents

40
Q

Fundamental premise

A
  • There is something present or absent in the biological sense that leads to propensity of committing a crime.
  • Things like: anatomical features, genes, hormones, and chemical make up
  • Crime is about the actor not the act
41
Q

The Italian (Positivist) School

A
  • The idea was that we could solve problems with logic
  • Everyone would be treated equally in the eyes of the law
  • Individuals didn’t have free will, they were determined by natural laws
42
Q

Cesare Lambroso (Italian school)

A
  • Defined himself as a criminal anthropologist
  • Started to think that individuals committed crime because something in their biological make up determined whether they were a criminal or not
  • Atavism humans: revolutionary throwbacks to earlier forms of our species
43
Q

Natural Born Killers (Lambroso)

A
  • Typology for atvisitc humans
  • Physical stigmata - measured body characteristics of
  • Criminal types: born 30 to 40%, by passion: had to be in the right environment, insane criminal: don’t have stigmata, occasional: grab bag
44
Q

Enrico Ferri

A
  • Student of Lambroso
  • Pushed the idea that circumstance mattered more
  • More about psychology and morals
  • Still believed that individuals did not have free will
  • Believed that constraints of circumstances of an individual caused them to be a criminal
  • tasked with redesigning Italian justice system
  • he believed it should be trial by scientific experts, did not happen.
45
Q

Garofalo

A
  • Student of Lambroso
  • Eugenics period
  • Favored Ferri’s view of the death penalty and forced sterilization
46
Q

Charles Goring

A
  • Used some of the same methods as Lambroso
  • Looked at the physical traits of people out in the countryside as opposed to the people in jail
  • Found that criminal offenders in British prison tended to be shorter
  • They also had lower measure on the intellect scale
47
Q

Body Builds & temperament

A

Endomorphs
- short, round, soft, squishy. Social, tolerant
Mesomorphs (prison populations tend to be over represented with these)
- Tall, beefy, M Shaped (Bond). Expressive, domineering, they like physical activity
Ectomorph
- Tall, skinny, weak, nerdy. Introverted and shy

48
Q

Body types and crime

A
  • In violent crimes, size does matter
  • guns equalize the body size disproportion. Women are more likely to fight back or stop an attack when they have have a gun
49
Q

Hormones and chemical

A
  • Testosterone plays a major role for men. Designed by nature to give men an advantage. Can also be manipulated (roid rage).
  • Serotonin is basically the ‘brake.’ When the body is low on serotonin, testosterone levels raise
  • Dopamine is the fuel, usually a spark for aggression
  • Risk taking is related to the levels of these hormones in your body
50
Q

Dopamine and white collar crime

A
  • Crime boosts adrenaline and raise dopamine levels. Tolerance will develop and criminal behavior will elevate. Become addicted to rush
51
Q

Medical model

A
  • Identification of the problem in individuals , focuses courts and justice system on the actor and not the act.
  • Prevent crime via intervention. Find a way to help. Treat biological roots of the disease before it presents itself as a disease.
  • Treat individual who have committed a crime. forced Sterilization?
52
Q

Biology and Environment

A
  • They are not independent
  • Barista paradox : biology is playing a role to resist temptation but the environment plays a role in keeping the change
53
Q

Psychological theories of crime

A
  • criminal law requires criminal intent (mens rea)

- i also requires willful behavior violating he law (actus reus)

54
Q

Differential psychology

A
  • looks at individuals’ characteristics, behavior and personality to assign them to a group.
  • “Criminals are psychologically different”
55
Q

Process psychology

A
  • does not start with something being wrong with the person.
  • looks at circumstances that were around the person and acknowledges that the mind will make different choices based on the situation, actors, and stresses
56
Q

psychological assumptions

A
  • development and socialization processes: the mind is developed along with the body and progresses through a series of stages as they age
  • Mental, moral, social, and sexual stages can be normal and abnormal (crime comes from here-norm violations and anti-social behavior)
57
Q

Psychoanalytical approach

A
- Developed by Freud, there are three parts to the human mind 
The Id
- deep in the subconscious
- responsible for the unsociable drive 
-concerned with the self 
The Superego 
- also a part of the subconscious 
- strives to fit into society 
- wants to conform 
The Ego 
- the conscious mind that mediates the other two and creates a balance
58
Q

Id Dominant

A
  • can create crime because the animal mind is in control and they are going for instant gratification and crime is the means to the end.
  • Could be from insufficient socialization or genetics.
59
Q

Superego Dominant

A
  • in striving for conformity they over suppress the Id and eventually the Id breaks free and all hell breaks loose OR
  • the superego is in control in such a way that minor transgressions create abnormally large subconscious guilt and the individual commits crime to punish themselves for the transgressions
  • In later years, support for this theory was lost because there was not enough guilt produced
60
Q

Anti‐social/psychopathy

A
Self
- Intelligent
- Self‐centered
- Shameless/guiltless
- Impulsive
- No life plan
- Intolerant
Relations to society
- Disregard for norms/rules/obligations
Relationships with others 
 - Superficial
- Disconnected/impersonal
- Unreliable/disloyal
- Deceptive
- Lack of empathy
- Unresponsive to relationships
61
Q

Circular reasoning

A

Personality traits > commit crime > defective personality > start over but no attachment

62
Q

Age-crime curve & life-curve

A

Peak in offending occurs between 15-20
- Appears to be universal
- See persistence
Following that there is a long slow decline
- Criminologists stop offending around this time

63
Q

Life Course Theory

A
  • Patterns of behavior over life-span at different ages
  • influences different at different life-history stages (age and/or maturity determine how they understand and experience event)
  • Cumulative impact: build up over time, can skew the individual towards anti-social behavior over time
64
Q

Adolescent limited

A
  • they only commit crimes during adolescent years.

- peer pressure seems to matter the most, when the pressure is removed the crime seems to stop

65
Q

Career criminal

A
  • usually the early-onset kids, and they continue to offend past their peak into adulthood
  • peer pressure not a factor
  • outsiders and on the margin of society
66
Q

Becoming a criminal

A
  • Not innate, nor developmentally determined
  • Product of social interactions: they learn what works. The successful behavior for the environment is what is learned.
    CRIME COMES FROM THE ENVIRONMENT (?!?) Dangerous concept because it
    oversimplifies things.
67
Q

Classical and Operant conditioning

A
  • Pavlov and Skinner
  • Behavior learned via external stimuli
    Classical cond.
  • pairing new stimulus with unconditional response
    Operant cond.
  • strengthening/weakening response with rewards/punishment
68
Q

differential association theory

A
  • theoretical structure put together by Sutherland Short hand for…
  • Differential association with criminal and anti-criminal behavioral patterns
  • Socialization in one-on-one and group contexts
    o Agents
    o Content
  • Sutherland is saying if you’re an individual and they norms of the group favor criminal behavior that it what you will learn
  • If your part of a group that favors conformity that is what you will learn
69
Q

Nine propositions (shortened to 4)

A
  1. Criminal behavior is learned via intimate social interactions
    - Not innate or spontaneous
    - Nature of interactions matter
  2. Criminal behavior is learned if it is favored over non-criminal behavior in a social context
    - Says something about Sutherland’s absence of moral judgment
  3. Criminal behavior is learned like any other behavior and is therefore not categorically different
    - Learned in the exact same way as any other behavior
  4. Crime is not explained by general needs and values
    - Needs and desires could be satisfied in different way
70
Q

Learning norms

A

Selection bias or
- People who are already violent tend to gravitate towards violent tendencies
Enhancement?
- You take an individual with no normal violent tendencies, and you give them violent video games – this enhances there small nugget of violent tendencies

71
Q

Strain Theory

A

-Crime is a normal behavior that occurs in response to abnormal conditions.
- Normal behavior/abnormal conditions
—Naturally goal seeking: People want to be successful
— Goals are established and framed by society: Media and ‘american culture’
—Goals are unattainable by legitimate means: can’t get there from most peoples
situations.
-Not just about bling ‐ can be relationship also.

72
Q

Traditional strain theory

A
  • Emile Durkheim & Robert Merton saw there was a mismatch between the goals set by society and the ability of people to achieve that thing.
  • Dysfunctional mismatch between
  • –Goals and opportunities
  • –Skills/abilities & position
  • Birth Lottery: The social and class position that you are born in today is most likely the same as that in which you will die. If you are born poor you can not achieve a better station in life. (American Dream does not exist for most people).
73
Q

General strain theory (not very general)

A
  • arises in practical settings
  • actual or anticipated failure in valued goal (lash out and commit crimes)
  • removal of valued position or status (lash out adn commit crimes)
  • negative valued outcome (lash out and commit crimes)
  • No legitimate opportunities to resolve
74
Q

Coping mechanisms

A
  • Innovators: buy into American dream. They will try to achieve their means by doing anything, including illegal action
  • Ritualism: they don’t buy the goals set by society and they buy that you should achieve it by legitimate means. They buy that they won’t be able to reach their dreams
  • Retreatist: they don’t buy the American dream or the legitimate means
  • Rebellion:as a strategy they don’t buy your goals or methods. They will replace with their own goals and methods. The people who go against society and social norms
75
Q

Conflict theory

A
  • social order not based on consensus
  • society is made up of many competing interests groups
  • laws are written by the people in power
  • goals of law is to maintain status quo
76
Q

Elements of conflict theory

A

• Crime is a byproduct of inequality (it is caused by things outside and people
commit crime to balance out the inequality).
○ Groups in control criminalize certain behaviors that threaten their wealth, power or prestige (MUST PROTECT THE STATUS QUO).
○ CRIME IS COMMITTED AS A FORM OF RESISTANCE against conditions of
inequality. (Weber)

77
Q

Labeling theory

A
  • Crime and deviance is not an inherent characteristic of behavior
  • Social groups ‘create’ deviance by making rules that people then can transgress.
  • Transgressing a rule leads to being labeled deviant
78
Q

Policy implications (labeling theory)

A
  • Replace criminal justice system with community based systems to right the wrongs. (argument is we need to go further BUT CAN THE LOCAL GROUP REMAIN UNBIASED)
    • TRANSPARENCY IN CRIME, LAW AND SENTENCING
    • DECRIMINALIZE BEHAVIORS &/OR ALTER SENTENCING.
    • Chart on crack vs powder cocaine (substantial racial bias in sentencing.)
79
Q

Control theory

A
  • Alternative theory of crime
  • It basics reverses the calculus
  • For most crimes, people have more to lose than what they have to gain yet they still do it
  • Potentially explains why white collar crime happens
  • Presents a different picture
80
Q

Assumptions - Control theory

A

• Desire to commit crime is natural
o Crime = exercising rational self-interest
• Self-interest arises from hedonism
o People value pleasure over pain
• Capable of following rules
o When they serve self-interest
o People are not hedonistic under all circumstances
• People are naturally amoral
o They are selfish – it is natural
o No inherent sense of good or bad
o They evaluate a circumstance based on self-interest

81
Q

Two branches of control theory (Travis Hershi)

A
  1. Social control
    - individuals and society at large ‐ formal and informal rules ensures the proper functioning of society and these keep people from
    committing crime.
    - Direct (cops) and indirect (internal voice)
  2. Self control
    - Individuals have a mechanism of self control that interacts with their environment.
82
Q

Self control theory

A
  • Fear of consequences produces self control (or anticipation of a larger reward)
  • Absence of self control
    ○ Reckless
    ○ Immoral
    ○ Illegal behavior
  • Low self‐control is an acquired personality characteristic
83
Q

Social Bond Theory

A
  • The more affection/social bonds they have with others the less likely they are to commit crimes
  • The more committed you are to your goal the less likely you are to go against the rules that would prevent you from achieving goals
84
Q

Defining a victim

A

Legal framework

  • No place that defines what a victim is
  • Depends on demonstrable link to offender behavior
  • …amount or severity of harm
  • …conduct of harmed party

Subjective issues

  • …recognition that a crime has occurred
  • …severity of harm relative to subjective standard
  • …social/cultural pressures (e.g. privacy)
85
Q

Age - victim curve

A
  • looks very similar to to offender age curve

- the ages between 18 and 21 is when you are more likely to either be a victim or offender

86
Q

CRAVED (how a target is picked)

A
  • Concealable
  • Removable
  • Availability
  • Valuable
  • Enjoyable
  • Disposable
  • These all contribute to the picking of a target
87
Q

EVIL DONE (how a victim is picked)

A
  • Exposure
  • Vital
  • Iconic
  • Legitimate
  • Destructibility
  • Overabundance
  • Nearness
  • Easiness
  • Terrorism: it appears that certain terrorists organization go through and make very explicit target choices
88
Q

Offender convergence setting

A

Cues favorable to prelude

  • Allow informal unstructured activity
  • Allow information sharing
  • Insulate from interference in activities
  • Nearby, ripe crime opportunities

Security & privacy important

  • Entry/exit regulated
  • See out/can’t see in