Exam 1 Flashcards
(107 cards)
1
Q
Expected patterns of behavior or belief
A
norms
2
Q
an intentional act or omission to act, neither justified nor excused that is in violation of the criminal law and punishable by the state
A
crime
3
Q
What makes crimes vary?
A
they are subject to time and place, and reflect contemporary concerns.
4
Q
Who asserted crime is normal and cannot be eliminated?
A
Emile Durkheim
5
Q
How is crime functional?
A
helps society to progress (social change)
metal detectors in school, amber’s alert, USA patriot act?
6
Q
Charged with protecting the public, maintaining order, enforcing laws, identifying offenders, bringing the guilty to justice, and treating and punishing convicted persons.
A
The Criminal Justice System
7
Q
4 Components of Criminal Justice System
A
Law Enforcement (police)
Court
Correction
Theory / Criminal Law
8
Q
What is the structure of our criminal justice system?
A
decentralized
9
Q
Decentralized structure meaning-
A
We have the State level, local level, and federal level. there is no one centralized law enforcement agency to police the whole country.
10
Q
The territory over which a law enforcement agency or court has authority
Can be a physical geographical area (law enforcement) or Subject Matter (court)
A
Jurisdiction
11
Q
Cons of overlapped jurisdiction between agencies?
A
Because the different agencies will try to push the responsibility over to other agencies to avoid the responsibility
12
Q
What do police, court and correction all stem from?
A
Theory / Criminal Law
13
Q
Parts of the criminal process
A
Crime committed and reported Police Court Correction Integration into society
14
Q
reporting or observing crime by officer
A
Initial Contact
15
Q
What is required for arrest?
A
Probable cause
16
Q
Process of fingerprinting, photograph, and going to holding cells
A
Arrest and booking
17
Q
Process of gathering evidence and identifying a suspect
A
Criminal Investigation
18
Q
How many local, state, federal and special law enforcement agencies approximately?
A
18,000
19
Q
Where is federal law applied?
A
Federal Court
20
Q
State level cases involving constitutional issues are appealed to ___________
A
federal courts
21
Q
highest appellate court in judicial system
A
U.S. Supreme Court
22
Q
The court systems for both state and federal organize into which 3 tiers:
A
Lower courts, intermediate appellate courts, supreme courts.
23
Q
The process when a prosecutor decides what charge will be filed
A
charging
24
Q
The right to _________ is guaranteed for defendants
A
trial by jury
25
Process which includes victim impact statements, a decision made by the judge for the appropriate sentence, and the defendant's decision to appeal if they believe they were unfairly convicted
Sentencing and Appeals
26
A sentencing option w conditions for convicted offenders: paying a fine, counseling, alcohol treatment program, getting a job
Probation
27
A type of conditional release based on good behavior or evidence of some level of rehabilitation
parole
28
focusing on deterring crime and ensuring victims' rights and not on protecting offenders' rights
Crime Control Model
29
Ensuring fairness under law, emphasizing defendant's rights' not victims' rights
due process model
30
Maintaining the goal of repairing harm that criminal offenses inflict upon victims, offenders and the community. Victim centered, community-based, punishment as a last resort
Restorative justice model
31
Crime is a result of the burdens and benefits in society not being equally distributed among its members
social justice model
32
Stressing absolute good and absolute evil. cannot be tested scientifically
spiritualism
33
Why is crime difficult to measure?
the dark figure of crime, all of the crime that goes unreported
34
The International Association of Chiefs of Police (1927)
Most widely-used source of crime data
Data collected by FBI – covers over 96% of U.S. population
Reports on: Crimes known to police (report or discover)
Number of arrests (incidence)
Persons arrested (prevalence)
tracks reported offenses, number/characteristics of persons arrested, crimes cleared by arrest and exceptional means.
Uniform Crime Report
35
Number of arrests
incidence
36
Persons arrested
prevalence
37
Murder and nonnegligent manslaughter, Forcible rape, Robbery, Aggravated assault, Burglary, Larceny-theft, Motor vehicle theft, Arson
8 crimes
38
what are the 8 crimes?
Murder and nonnegligent manslaughter, Forcible rape, Robbery, Aggravated assault, Burglary, Larceny-theft, Motor vehicle theft, Arson
39
Criticisms of Uniform Crime Report
dark figure of crime
only most serious offense reported
UCR data tells more about police behavior than crime
40
Asks victims about experiences with crime
Gathers data on personal and household crimes
Data obtained from nationally representative sample of about 49,000 households
Only interviews people age 12+
National Crime Victimization Survey
41
Criticisms of National Crime Victimization survey
```
Small number of crimes
Reliability of data questionable
Memory errors
Telescoping
Deception errors
Juvenile victimizations
Sampling error
```
42
Ask people directly about involvement in crime
| Studies consistently find 85-90% of people in U.S. engage in behavior that could lead to arrest
self-report studies
43
The most comprehensive self report study
Lunched in 1976 – interviewed 1725 youths (age 11-17)
Follow up more than 3 decades
National Youth Survey
44
Criticisms of self-report studies
Methods of data collection
Data not always reliable
Validity checks provide general support of self-report method
45
single best method for estimating serious violent and property crime
Uniform Crime Report
46
Helps uncover dark figure of crime
National Crime Victimization Survey
47
Reasons for the recent crime decline
The economy
Incarceration
Policing
Age
48
Rejection of hedonism and free will, belief in fair punishment suited to the offense, criminal as a calculator, No acknowledgement to individual differences
Classical school
49
Rise of social Darwinism, science, and medicine (mid 1800s into 1900s)
Led by Cesare Lomboroso in Italy
Emphasizing the scientific study of criminals
Criminal as determined - Biological traits (criminals - something different with non criminals)
Positivist school
50
Rejecting Individualism – Focusing on social circumstances
American society, the city, contained potent criminogenic forces
The study of urban area and crime
The Chicago school
51
socially patterned urban development, Zone 1 - loop, Zone 2 - transition, Zone - 3 Workingmen's home, Zone - 4 Residential Zone, Zone 5 - Commuters Zone
Concentric Zone theory (Ernest Burgess)
52
Exploring how crime occurs when individuals learned cultural definitions supportive of illegal conduct
Crime culturally transmitted and learned
Differential association Theory
53
Delinquency – the nature of the neighborhood
| Disorganized neighborhood – produce and sustain ‘criminal traditions'
Social Disorganization Theory
54
Lower-class culture – responsible for crimes in urban area
Cultural Deviance Theory
55
Expanding Sutherland’s differential association theory
Definition and imitation -> crime
Social reinforcement (rewards and punishment) – determine whether criminal behavior is repeated
Differential social reinforcement
Social Learning Theory
56
collapse of social solidarity
Social solidarity – based on social integration and social regulation
Base for control theory
Anomie Theory, Emile Durkheim
57
Weakened norms (anomie) -> Placing an intense value on economic success
The pursuit of success – no longer based on normative standards right or wrong
Instead, pecuniary reward
Strain Theory, Robert Merton
58
Social control weaker -> weakened social bonding -> delinquency
Social bond – Attachment, commitment, involvement, belief
Social Bonding Theory, Travis Hirschi
59
Low self-control -> criminal involvement
Self-control -> established in childhood
The importance of parenting
Self-Control Theory, Gottfedson and Hirshi)
60
Labeling as criminogenic – creating career criminal
Labeling Theory
61
The embrace of capitalism -> inducing high rates of lawlessness among both the rich and the poor
Conflict Theory
62
Gendering of criminology
How understandings of female criminality shifted from theories
Victimology
Feminist Theory
63
Environmental criminology/situational crime prevention
Focusing on reducing opportunities for crime
Suitable target, Motivated offender, and absence of guardian
Routine Activity Theory (Marcus Felson and Lawrence Cohen)
64
Investigating decision making of offenders
Rational Choice Theory / Deterrence Theory
65
Research on brain, genetics, and other biological factors
| Biological traits – differentiating offenders from nonoffenders
Biosocial Criminology
66
Focusing on how the roots of crime can be traced to childhood
Studying how people develop into offenders and how they escape from their lives of crime
Life-course theory (Developmental Criminology)
67
formalized rules that prescribe or limit actions
laws
68
established body of law common to nation
Common Law
69
The doctrine of precedent
Stare Decisis
70
Identifying behaviors considered harmful to society, labels those behaviors as crime, and specifying their punishment
Substantive criminal law
71
Specifying how crimes are to be investigated and prosecuted
Procedural criminal law
72
Written codes which contain criminal law
| Enacting: Congress and state legislatures
Statutes
73
A continuation of the common-law tradition
| Allowing the courts to interpret the law when applying
Case Law
74
The rules, orders, decisions, and regulations established by state and federal administrative agencies
FTC, IRS, FDA, EPA
Administrative Rules
75
The final arbiters of substantive and procedural law
Constitutions, federal and state
76
How many victims of crime per year?
20 million
77
U.S. budget to fight crime?
200+ billion annually
78
inherently wrong/evil
| Major threat to social order
Mala in se
79
Wrong because prohibited by statute
| Less moral condemnation
Mala prohibita
80
most serious, result in 1+year incarceration; death penalty; loss of certain rights
fellonies
81
result in less than 1 year incarceration in jails; fines
Misdemeanors
82
petty offenses, usually resulting in fines, community service
Infractions
83
the body of the crime
| Must be established in a court of law
Corpus
84
Criminal responsibility limited to an actual act, the planning or attempt to act in violation of law, specific omission to act when law requires action
May also include written or oral expression of certain thoughts
Actus Reus
85
(the Latin for “guilty mind”)
| Defendant must also have criminal intent to be criminally liable for conduct
Mens Rea
86
Degrees of intent
Purposely
Acting with conscious deliberation, planning, or anticipation
Knowingly
Being aware of a prohibited conduct or a forbidden result by the conduct
Recklessly
Conscious disregard of a known risk, no conscious intent to harm
Negligently
Being unaware of a risk of harm created by the conduct
87
What 2 things must present before the crime is completed for the act to be prohibited by criminal law?
Actus Reus and Mens Rea
88
Defendant admits responsibility, but, under the circumstances, did what was right
Justification
89
a lawful manner to defend self/others/property or prevent crime
Degree of force limited to reasonable response to threat
Self-defense Justification
90
Choosing between two evils
Person may violate the law out of necessity when she/he believes that the illegal act is required to avoid a greater evil
Necessity Justification
91
Defendant claims victim consented to act
Some common law offenses (theft, rape) require clear demonstration of victim’s lack of consent
Consent Justification
92
The defendant admits that what she/he did was wrong, but, under the circumstances, she/he was not responsible for the criminal act
Excuses
93
Very rare in reality (Raised in less than 1% of criminal cases and only 25 % of those cases found not guilty)
People who are released from criminal charges owing for insanity do not go free, instead are sent to mental hospital
Insanity Excuse
94
Standard of Insanity
M’NaghtenRule: “right from wrong” test
Irresistible Impulse Test: supplement to M’Naghtenrule
Durham Rule: “mental disease or defect”
Substantial Capacity Test: Model Penal Code
95
Allows jury to find accused guilty and impose punishment of incarceration
Requires prison to provide psychiatric treatment to convicted offender
Guilty but mentally ill
96
No criminal intent due to influence of alcohol, narcotics, or drugs
Voluntary vs. involuntary intoxication
Intoxication Excuse
97
Defendant encouraged/enticed by agents of the state to engage
Two elements required for defense
Government inducement of the crime
Defendant’s lack of predisposition to engage in the criminal conduct
Entrapment Excuse
98
Defendant actually a victim, not a criminal
Engaged in behavior because was coerced by force or threat of unlawful force
Duress Excuse
99
Although “ignorance of the law is no excuse”, under some circumstances mistakes may negate intent
Mistake of law –defendant does not know a law exists
Mistake of fact –defendant unknowingly violates law because believes some fact to be true when it is not
Mistake Excuse
100
What are legal exemptions for being found not guilty?
Double jeopardy, Statute of Limitations, and Age.
101
protects against self-incrimination
Fifth Amendment
102
protects against unreasonable search and seizures
Fourth Amendment
103
Ensures speedy and fair trial-lawyer & impartial jury
Sixth Amendment
104
Protects against cruel and unusual punishments
Eighth Amendment
105
Amendment eventually interpreted to mean that Bill of Rights applied to all citizens –states must ensure these rights (used to be that only disputes between federal govt and citizen let you have rights stated in the bill of rights)
Fourteenth Ammendment
106
expanded application of due process clause to states
Warren Court (1953-1969)
107
Justice Hugo Black called for total incorporation
Justice Felix Frankfurter argued for selective incorporation
In 1947 in Adamson v. California
