Exam 2

Question 1

What are the origins of theoretical perspectives?

Answer 1

Natural law, Functionalist( Social Consensus), Conflict

Question 2

What are contemporary theoretical perspectives?

Answer 2

Critical legal, critical race, feminist legal

Question 3

What is natural law?

Answer 3

Argues that laws are part of reality discovered by humans; criminal laws=laws of physics

Question 4

Where are mandates from with natural law?

Answer 4

Religion or philosophy

Question 5

Why was Functionalist perspective created?

Answer 5

Developed in response to uncertainty of French Revolution

Question 6

Focuses on social order and emphasizes how parts of society contribute to the overall society (views society as a system of interdependent and interrelated parts)

Answer 6

Functionalist

Question 7

What are Manifest Functions?

Answer 7

Anticipated or intend consequences of social institutions

Question 8

What are the types of Functions ?

Answer 8

Latent, Dysfunctions

Question 9

Unintended or unrecognized consequences of social instituons

Answer 9

Latent Functions

Question 10

Aspects of society that threaten to disrupt social stability and order

Answer 10

Dysfunctions

Question 11

What is Deviance a form of?

Answer 11

Dysfunction

Question 12

Importance of Deviance according to Durkheim

Answer 12

Clarifies social norms, increases conformity, strengthens social bond, positive social change

Question 13

Assumes most people that regardless of demographics hold similar social and political views

Answer 13

Consensus Theory

Question 14

most of the members of society agree on what is good and cooperate to achieve it

Answer 14

Consensus Theory

Question 15

Originated in the world of Marx & Engles

Answer 15

Conflict

Question 16

Portrays society as constantly changing and marked by conflict

Answer 16

Conflict

Question 17

Argues that it is the conflict that occurs between the social classes that is the key force for societal change?

Answer 17

Marx for Conflict

Question 18

Proposes that society is composed of diverse groups with conflicting values and interests with differential access to wealth, power, and prestige

Answer 18

Conflict

Question 19

Asserts that laws are generated by those with power (money, physical strength, authority, technology/weapons)

Answer 19

Conflict

Question 20

These laws are often created to disadvantage those not in power and to maintain the control of those in power

Answer 20

Conflict

Question 21

What are the differences in Conflict views?

Answer 21

Instrumental, Structuralist, Dialectic

Question 22

What is Instrumental Conflict view?

Answer 22

The ruling class, as a collective, control the lower classes by controlling the state

Question 23

What is the critique of Instrumental conflict view

Answer 23

Ruling class doesn’t always agree in important issues

Question 24

What is structuralist conflict views?

Answer 24

The ruling class will compete with each other for short term advantages even at the expense of the larger society; the state is relatively autonomous

Question 25

What is the critique of structuralist conflict view

Answer 25

Disbelief that the lower class make substantive gains in society

Question 26

What is dialectic conflict views?

Answer 26

Social change is achieved though class conflict and that there are real gains by the lower classes

Question 27

Viewed law as a major contributor to social inequality: Combined verrous perspectives and addressed the nature and quality of legal education

Answer 27

Critical Legal Studies

Question 28

Law is comprised of beliefs, values, and symbolism

Answer 28

Law is Ideology

Question 29

What is Legal Education

Answer 29

Information and norms of the law are transmitted to the next generation via the legal education system

Question 30

What are critical race general assumptions?

Answer 30

AMERICAN society is inherently biased toward whites and te racism is institutionalized within the law

Question 31

What are assumptions of Feminist Legal Theory

Answer 31

A women's experience differ from that of their make counterparts; A woman's position in most social situations is unequal to that of her male counterpart; Because the laws were predominantly written by men they inherently favor men

Question 32

Two types of Feminists?

Answer 32

Liberal and Critical

Question 33

What are the different methods?

Answer 33

Lumping it, avoidance, coercion, negotiations, mediation, arbitration, adjudication

Question 34

What is lumping it?

Answer 34

Letting it go

Question 35

What is avoidance

Answer 35

Removing self from the situation

Question 36

What is coercion?

Answer 36

Threats or social pressure to stop undesirable behavior

Question 37

What is negotiations

Answer 37

Private parties coming to a compromise on their own

Question 38

What is mediation?

Answer 38

A neutral third party leads negotiations between disputants; disputants come to solution; If either side is unhappy they can withdraw or decline

Question 39

What is arbitration?

Answer 39

A neutral third party comes up with a solution; disputants agree to abide by solution prior to arbitration

Question 40

What is adjudication?

Answer 40

A judge acts as the third party; formal legal proceedings, disputants cannot withdraw once it has began

Question 41

What are societal factors of Dispute settlements

Answer 41

Social relationships; Power & Inequality; Legal culture

Question 42

What are Individual factors of dispute settlements?

Answer 42

Nature of relationships; power difference in the relationship; personality; sociodemographic

Question 43

Parts of legal consciousness?

Answer 43

Sexual harassment; disability

Question 44

What is the History of litigation?

Answer 44

The idea that the courts are clogged with frivolous lawsuits; developed by marketing companies for large businesses who's goal is to limit an individual legal recourse against them; as a result over the past 25 years there has been a major amount of tort reform

Question 45

What is alternative dispute resolution?

Answer 45

Current preference in the legal system for the use of negotiation, mediation, and arbitration over adjudication as a way to lessen the case load of the civil courts; issues when it is used in cases where violence has been committed (i.e. domestic abuse cases)

Question 46

What is incapacitation?

Answer 46

Removing criminals from society to prevent more crime and punishment for having committed crimes

Question 47

What is an example of Deterrence

Answer 47

Punishment's Effect

Question 48

What is absolute deterrence

Answer 48

Completely stops crime

Question 49

What is marginal deterrence?

Answer 49

Increase in punishment= less crime

Question 50

What is general deterrence

Answer 50

Stopping general society from committing crime

Question 51

What is a specific deterrence

Answer 51

Stops repeat offending (recidivism)

Question 52

What are types of offenses?

Answer 52

Instrumental, Expressive, High Commitment, Low Commitment, Public, Private

Question 53

What is instrumental offenses?

Answer 53

Material morve & Highly planned

Question 54

What is expressive offensive

Answer 54

Emotionally driven

Question 55

What is high commitment?

Answer 55

High skill level; drug involvement; less likely to be deterred

Question 56

What is low commitment offenses

Answer 56

Low skill level, not involved regularly in serious crime, more likely to deterred

Question 57

What is apart of public offenses

Answer 57

Crimes committed in public "street crime, prostitution"

Question 58

What is apart of private offenses

Answer 58

White collar crime and intimate partner violence

Question 59

What are other reasons for crimes?

Answer 59

Hubris, Drug/Alcohol Impairment, Involvement

Question 60

What is Hubris

Answer 60

Criminals believing their plan is foolproof

Question 61

What is drugs role in crime

Answer 61

50% of inmates interviewed reported using alcohol and drugs at the time of their crimes