quiz 6 Flashcards

Question

consent and legal reform (rape chapter 10)

Answer 1

Burden of proof on consent is on the victim -> cannot have encouraged, enticed, or misled; victims character must them be put to the test Victim disapproval does not exist as a legal definition for any other crime Legal reform in changing the language Aggravated rapes for acquaintance rape Shield laws that prohibit the discussion of victims sexual history

Answer 2

Intentional killing of another person with malice aforethought Most serious offense with no statute of limitations Degrees of murder First degree - premeditated murder: murder in the commission is called “felony murder” Second degree - killing without premeditation Manslaughter - unintentional killing Voluntary manslaughter (ex pushing) or involuntary manslaughter

Answer 3

Murder is one of the most well documented crimes in official data (has declined since 1991) Predominantly occurs in large cities over 1 million people 80% of victims of are are male, 90% of offenders are males Female tend to kill and be killed by male intimate partner ⅓ of victims are black ½ under the age of 25 Nearly all murders have a history of violence prior to homicide

Answer 4

Acquaintance homicide Intimate partner homicide Sexually based homicide Stranger homicide School homicide

Answer 5

Acquaintance murder tends to result from long standing fight or hostility between individuals 20% of all murders are done by strangers and are typically done in the commission of another felony Since 1999, school shooting have been on the rise and there is growing concern over mass murders

Answer 6

Nearly 40% of all murders involve intimate partners For men only 10% of homicides are done by female partner - For women nearly 40% are done by intimate partners Love triangle and revenge murders that sexually motivated are often more violent and crime of passion

Answer 7

Serial killers Mass killers Spree killers

Answer 8

Thrill killers - Driven by sexual sadism or domination Mission killers - Desire to reform or in-vision a new world Expedience killers - Kill for profit or self-protection Female killers -17% of all serial killers - Tend to poison - Tend to kill those close to them

Answer 9

There appears to be no single cause or set of causes Most demonstrate psychopathic tendencies -> method for avoiding guilt and giving in to sexual impulsiveness Difficult and violent childhoods are common among serial killer histories Most, if not, all have some mental illness

Answer 10

Those who kill multiple people during the same killing event Tend to provoke the “active shooter” situation -> nearly all involve single shooter; 40% committed suicide Mass murder incidents have been growing in the past few decades

Answer 11

Rampage violence where multiple victims are killed in a finite amount of time (days or seeks), but not all in a single event While rare, who their victims are tend to be more random Motivation for violence is a sustained anger

Answer 12

Assault: The threat of violence or attempted battery -> has declined about 20% in past decade; 230 per 100,000; offenders tend to be young, white, males (blacks disproportionately high) Battery - Harm as a result of physically touching a victim

Answer 13

Child maltreatment: abuse- physical abuses; neglect- nearly 70% of all cases; sexual assault- less then 10% of cases Nearly 4 million children harem every year Biological parents are the primary offenders of child abuse Parental abuse- the abuse of a child to a parent; boys are girls equally likely to be offenders, mom the victim Spousal abuse- roughly 1 in 4 women will be the victim of assault/battery during her lifetime; average evening 60-70% of all police calls are for domestic violence

Answer 14

Nearly 1 in 5 high school girls report sexual or physical abuse Linked to a variety of negative outcomes such as the following: poor academic performance; pregnancy; mental health issues; substance abuse; eating disorders

Answer 15

It is defined by forcibly taking something from the possession of another through the use of force or threat of force - Rate of 102 per 100,000 - 40% decline in the past decade - Peak rates are during the winter months

Answer 16

Calculating robber Acquaintance robber

Answer 17

Those that rob other criminals Dealers are unlikely to call police for stolen drugs Motivation for robbing is monetary

Answer 18

Robbing from someone you know Acquaintance are less likely to turn to police Victims are more likely to be harmed in acquaintance robbery

Answer 19

Defined as willful, repeated, and malicious harassment or threat of violence intended to intimidate or cause reasonable fear 16% of women and 5% of men report having been stalked in their lifetime In 30-40% of stalking cases the stalker is a former or current intimate partner Men are more likely to be stalked by a stranger or acquaintance

Answer 20

CA was the first state to criminalize stalking behavior in 1991 By 1993 all 50 states had a stalking statute Today the laws on stalking continue to change : addition of harm toward a person pet Is not generally an immediate felony upon first arrest

Answer 21

Only crime that is defined by the victim If the individual does not view the behavior as stalking or is afraid then it not stalking reasonableness -> what one considers reasonable fear depends significantly on gender; Becomes an issue in prosecuting stalking cases

Answer 22

Most common stalking behavior-> unwanted phone and text messages; unwanted gifts; following the victims; spreading rumors

Answer 23

Generally, police will not arrest on stalking charges alone Only 40% of victims report stalking and only 35% of the time do police take a report First move is to get victim to issue a restraining order Restraining orders make any violation an arrestable offense

Answer 24

Politically motivated use of force with the intent to change or disrupt government Target are noncombatant targets International terrorism involves politically motivated violence between citizens or territories from different countries Terrorism often involves subterfuge, secrecy, and hit-and-run attacks

Answer 25

Are those who aim to overthrow or take back territorial control over a country Take advantage of sympathizing neighboring countries

Answer 26

Armed military bands who attack military, police, and government in an effort to destabilize the current regime Tend to be rural, where as terrorist tend to be urban

Answer 27

Revolutions are battles between nationalists and sovereign power - civil wars

Answer 28

Terrorism is not a new behavior Evidence of terrorism is seen in middle ages with the assassinations of political leaders Terrorism has two historical roots Religious Political

Answer 29

Some of the first terrorists were religious minorities looking to be able to practice religious faith Religious zealots may engage in terrorism in an act of religious supremacy and force others to adopt the same religious faith Other religious terrorists are motivated by what they think are the religious requirements of their faith Idea that killing sinners is an act for God

Answer 30

During times of monarchy and tyranny, terrorism was seen as the only way to change or overthrow current regimes The word “terrorist” was popularized by the French revolution, “reign or terror” Since WWII terrorists acts have escalated and is now a common aspect of international and domestic relations

Answer 31

Revolutionary Political Nationalist Retributive State-sponsored Lone-actor

Answer 32

Terrorist acts meant to frighten those in power and their supporters Common tactics include kidnapping, assassination, and bombings Purpose is to provoke a governmental response so that they can use media to expose that same government Idea is to get others to believe that they government is inhumane

Answer 33

Heavily armed groups that center around white supremacy, anti-abortion, and religious revisionism ideologies Paramilitary organizational style

Answer 34

Violent groups that center around social change and environmental concerns These groups tend to be less militarized

Answer 35

Minority ethnic or religious group who believe to have been precluded from majority rule and seeks independent homeland Ex: Palestine wanting independence from Israel ISIL is another relevant example

Answer 36

Individuals motivated by anger over offensive political or social structure They make spectacles and choose targets that will make the biggest propaganda Purpose of attacks is to be so salacious and seeming desperate - “do what we ask or else” Often target women and children

Answer 37

When oppressive government forces citizens into obedience State-sponsored terrorism was common in the among south and central American dictatorships in the 1970s Governmental regimes often justify violence and suggest the people are the violent aggressors Can be challenging to identify who is responsible for violence

Answer 38

Isolated terrorists who engage in violence Characteristics -> unemployed, single, white, males with criminal records; older, less educated, and tend to struggle with mental health Not directly affiliated with extremist groups but are sympathetic

Answer 39

Computers have changed the face of terrorism Terrorist organizations are using the internet to gather information, recruit, plan, facilitate offenses, and commit offenses While the internet is full of information, one can easily silo themselves and the information they are exposed to This is why there has been so much criticism of social media and new media platform Catering information to a specific audience is essentially what terrorist organizations do

Answer 40

Terrorist groups target new recruits who are maligned by society in some way - people who are looking for a sense of belonging In exchange for a meaningful identity and life purposes, individuals and life purpose, individuals are willing to give up personal freedoms

Answer 41

Terrorism is necessary to fight evil Individuals are devoid of responsibility as they are simply following the directives of commands The pain and suffering of victims does not compare to their own The enemy is dehumanized and depersonalized into a faceless entity

Answer 42

Suicide bombers are often recruited in religious institutions or school Aim recruitment at those 12-17 and those who have close ties to someone directly impacted by the “enemy” Youth who express willingness to die for Allah are told they have “special merit” To prepare bomber, they are given scripture that details how and why the enemy is in the wrong - families of the bombers are often financially compensated

Answer 43

Suicide bombers do not express unbridled rage or traditional mental disorder related to suicide Most are calm, stoic, and often live and operate among the enemy A month prior to the bombing they often will go into deep prayer and meditation To avoid “cold feet” instruction for how and when to set off the bomb are withheld until the very last moments - as seen in your book, those instructions often come with ritualistic prayer as the bomber does her/his job

Answer 44

Emerging trend of secular individuals who also feel maligned by the enemy may become sympathetic to the religious terrorist organization Typically a little older, these individual go to the terrorist group offering to be a bomber - these bombers are typically given a mission and an explosive within a week or two of offering services These individuals are often entice by what they seen on social media - social media essentially does the indoctrination for the terrorist organization

Answer 45

Places that foster terrorism are generally those in high-conflict Governments are ill-equipped to protect their people - this makes individual intervention necessary Constant death, destruction, and oppression creates a chaotic environment - in effort to regain some sense of autonomy people look to what they can do If the likelihood of death is high anyway, why not take that into your own hands - dying by a bullet only hurts you. Dying by bomb can help to hurt your enemies

Answer 46

Networks or hierarchies - seeing more loose network groups; no single command and only occasional communication between networking groups Religiously motivated groups tend to have hierarchies as religious dogma or doctrine determines behavior Terror cells - small independent groups where only the leader knows where or who other cells are

Answer 47

Psychological Alienation Socialization Ideological State-sponsored

Answer 48

Psychological view suggests that all terrorists suffer psychological deficits Violence is simply the result of mental health struggle and inability to regulate behavior Controversial view as some suggest that not all terrorists are psychopaths or suffer with significant mental health

Answer 49

Alienation view suggests that lack of opportunity and social alienation pushes people to embrace terrorist ideologies Some studies, however, show terrorist are well-adjusted 75% come from upper-middle class, 60% have higher education Some suggest that dysfunctional family life contributing factor Politically failed states are more likely to experience terrorism as citizens cannot fully or completely

Answer 50

Minority individual seek out those like themselves, deepening the perceived isolation to outside others

Answer 51

Deepening commitment to an ideological belief can lead to extremist views Us vs. Them mentality Religious doctrine place added emphasis on good and bad Allows terrorists to justify violence in the name of a deity

Answer 52

Incidence of terrorist attacks has not diminished Worldwide 99 countries have experienced terrorist attacks Of the ~17,000 attacks that occurred, 47% occurred in Iraq, Pakistan, and Afghanistan 60% of fatalities occurred in Iraq, Nigeria, and Afghanistan

Answer 53

9/11 was the flash point for organized US response to terrorism 2002 bipartisan National commission on terrorist attacks - recommends the creation of the TSA and Department of Homeland security Director of national intelligence was established - national counterterrorism center - CIA, FBI, Pentagon

Answer 54

Recognition that total prevention is not possible - focus on preparedness and mitigating damage FBI shifting mission to protecting US from terrorist attacks Department of Homeland Security - border and transportation security; emergency preparedness and response; chemical, biological, radiological, and nuclear countermeasures Information analysis and infrastructure protection

Answer 55

Every state has some sort of intelligence or counterterrorism agency Large cities like New York have created their own counterterrorism organization Work with FBI AND INTERPOL to identify potential terrorists Several headquarters in case of attack NYPD fire does routine training for chemical and biological emergencies

Answer 56

More than 800 individuals have been prosecuted for terrorism in the US since 9/11 Supreme court has curbed law enforcement ability “All necessary and appropriate force” Hamdi v. Rumsfeld (2004) ruled that a US Citizen can challenge their confinement Courts have provided protections to those accused of terrorism

Answer 57

USA patriot act (2001) - Expanded government ability top wiretap, obtain search warrants, record phone calls, and subpoena US and foreign citizens - Government can demand a phone company to record all phone calls, text messages, and internet usage

Answer 58

Direct response to 9/11 Gave federal government power to wiretap and surveil domestic and international phones Allows for the indefinite detention of suspected terrorist Search and seizure of property without a search warrant or person consent This act is no longer in effect as of 2020

Answer 59

Crimes motivate in parts or in whole based on a persons race, color, ethnicity, gender, disability status or sexual orientation 70% are person level crimes In 2020 -> roughly 8000 incidents involving roughly 11,000 victims; race hate crimes increased from 2019 to 2020

Answer 60

21 year old gay Wyoming man who was brutally tortured and murdered by two men simply for being gay in 1998 Hate crime prevention act 1999 - added crimes motivated by hate to another's sexual orientation to classify a hate crime; initially passed the house and senate only to fail 2009 President obama passed the bill - original hate crimes act was passed in 1990

Answer 61

White-collar crime are the criminal activities of the rich and powerful Often unrecognized harm due to most cases being handled in civil rather than criminal court Enterprise crimes are when offenders twist the legal rule for personal economic gain

Answer 62

White-collar crime (WCC) is not collected in NCVS or UCR In the national white collar crime center survey 17% of people reported WCC victimization 12% of crime are reported to law enforcement 600 billion in estimated cost of WCC Swindler - person using business position to commit fraud over time

Answer 63

Investment Telemarketing Religious

Answer 64

Ponzi schemes - fraud that involves the payment of returns to existing investors forum fund contribute by new investors Pocketing additional money and pooling from new investors

Answer 65

Making a false claim or misrepresenting oneself to victim over the phone (winning a prize, being a bank teller, antivirus software personnel, etc) Typical tactics include: act now; free gift; send money; cannot afford to miss out

Answer 66

Targeting the good nature and hope in religious people Fraudulent charitable organization that is supposedly dedicated to religious work Taking advantage of those wanting to go on religious pilgrimages or missions

Answer 67

Chiseling - business owner cheating customers or employee theft (overcharging or billing customers) Professional chiseling - exchanging name brand good for generic Securities chiseling - insider trading where advanced internal knowledge of a company is used to buy or sell stock ahead of general public

Answer 68

Abusing one’s power in an organization to extort people into payments for services not rendered (ex: withholding service and demanding more money) Can occur at the governmental level, private industry, and in the justice system Police officers demanding a bribe to avoid arrest

Answer 69

Influence peddling - taking a bribe to do a “favor” or tell information Three sources: government; criminal justice system; business Government - politicians selling information or taking bribes as favors Criminal justice system - police officers taking money to give advanced notice on raid Business - disclosing confidential client information to help supplier gain edge

Answer 70

Embezzlement - appropriating company property for a profit (ex: construction gear) Management fraud - concealing or changing books to make performance appear greater or take bonus money that is not theirs

Answer 71

When an organization advances credit, provides loan, supports financially, or reimburses for third party services Health care fraud: changing documents to bill insurances companies for services that were not actually given; medicaid fraud is the most common form Brand fraud - check forgery; card theft; obtaining loan illegally, etc. ] Tax evasion - government is cheated out of money by people who evade payment of taxes through fraudulent tax filings

Answer 72

When companies violate laws that restrain them from doing social harm Perpetrator is the company itself: person doing the harm must be given permission by company to act in a certain way and customer believes that person has been granted this authority by company Ex: pricing fixing, false advertising

Answer 73

Price fixing - When supply chains standardize and set prices for product parts higher than necessary - Restrain of trade is when companies limit the competition by not selling or doing dealing with those outside of conspiracy chain False advertising - Knowingly advertising for a product or aspects of a product that are not possible or there

Answer 74

Several regulatory agencies - IRS, Secret Service, US Customs, EPA, SEC Compliance strategies - encouraging conformity through compliance incentives; threat of economic or civil penalties Deterrence strategies - detecting and punishing for violations criminally

Answer 75

Violations of law that are there to protect the environment Issues of global warming, overdevelopment, loss of natural habitats, and population growth promote this interest

Answer 76

Legalist - violations of existing criminal laws designed to protect people ( ex: workplace safety) Environmental justice - ensuring the punishment of companies whose conduct would be considered illegal if done in own country (oil drilling in places that would be prohibited in US) Biocentric - any human activity that disrupts or harms bio-system (deforestation)

Answer 77

Harms perspective Actions that cause discomfort to individual or is a social harm should be considered illegal and criminal Harm can be physical, psychological, cultural, emotional, or economic Ex: physical harm done by air pollution warrant severe punishment

Answer 78

illegal logging Illegal wildlife exports’ Illegal fishing Illegal dumping Illegal polluting

Answer 79

harvesting , processing, and transporting of protected timber Causes unsustainable damage to natural resources and habitats Accounts for 50-90% of INTERPOL forestry cases Smuggling of protected wildlife across borders Pets, hunting trophies, apparel, cultural artifacts, etc Introduction of non-native species can destroy native habitats US purchases 20% of all illegal wildlife trade

Answer 80

Unlicensed fishing involves ignoring home nation rules about type, extent, and location of fishing (ex: demand for shark fin soup has resulted in the depletion of shark population) Shrimp, lobster, and various fish populations are closely monitored and regulated Ships must report and weigh-in catches daily

Answer 81

illegal/improper disposal of hazardous waste Disposal of electronic devices is quickly become a severe Inability to keep up with recycling demands, goods are dumped near local water or dumping sites Releasing toxic or toxic levels of chemicals into the air, water, or ground Over the years congress has significantly increased the regulation and punishment for violations Protection of clean air and water is a big issue

Answer 82

Legislative actions: Clean Water Act, Endangered Species Act, Oil Pollution Act Environmental Protection Agency (EPA)-> enforcement arms of the federal government; investigates criminal allegations of wrongdoing

Answer 83

Research shows that police agencies in lower-class neighborhood tend to ignore environment violations Citizens groups have emerged as a way to self-police: special interest groups that educate public and lobby for legislative changes; found in environmentally neglected areas

Answer 84

Criminal enterprises that operate for personal gain through illegal activities Structured system of buying and selling illegal goods and services Often use legitimate businesses as a front to openly operate

Answer 85

Originate in Sicily: criminal gangs employed by landowners to ensure worker compliance In the US population prompted the rise in organized gang activity Today overall commission of family heads coordinate to keep local mafia’s alive

Answer 86

Due to technology, transnational organized crime dominates (TOC) Highly organized and work in intricate networks to transport goods or services They do not commit acts of terror Types of crime: - Cultural property - Piracy - Human trafficking - Migrant smuggling - Organ trafficking

Answer 87

After the downfall of soviet union Trafficking drugs, arms, women, and children - known for national and international dealings Russian mafias use legitimate business and governmental protections to operate illegal business Members frequently hold public office- in turn legislation is passed that favor and protect the mafia

Answer 88

Has strong's roots in the US Largest presence in NY, NJ, PA Deal most with drug trafficking and money laundering: occasionally linked to gambling Political corruption of the mafia has allowed this group to retain protection from the justice system: Mafia costs the world $100 billion annually

Answer 89

In the early 1970s, the medellin cartel was created by Pablo Escobar Primarily smuggled up to $60 million dollars of cocaine know various countries daily At the time this was the biggest and most profitable cartel in the world Infiltration of the government provided the cartel with cover Escobar was assassinated in 1993 after escaping prison

Answer 90

In late 1970s Miguel Angel Felix Gallardo established the Guadalajara Cartel -> created a relationship with Medellin Cartel; after collapse of medellin and arrest of gallardo, the guadalajara cartel was split up Today the sinaloa cartel is the largest and most powerful: famously run by “El Chapo;” operates as a distributor for Colombian cocaine and Mexican marijuana, methamphetamine, and fentanyl Responsible for 50-70% of cocaine and 80% of marijuana sold in the U.S.

Answer 91

Operate generally as distributors Will sources drug material from other places around the globe Smuggle into the US to major city ports From there local gangs connections are made to do the actual street selling It is the decentralized nature of the networks that make the cartel so successful

Answer 92

Asian mafias are well known for human trafficking and narcotics Chinese gangs import and distribute heroin in China Cambodia is a drug trafficking hub for several group Cambodian women are often exported to Thailand for prostitution Relaxed law enforcement is responsible for this In Taiwan, gangs have placed heavy focus on gaining political power to further gambling and money laundering schemes

Answer 93

Triads originated as an off-shoot of the secret Hung Society in Hong Kong - they have established satellite branches in Taiwan and Singapore Triads are primarily use legitimate business as fronts for illegal activity - massage parlors, restaurants, and construction companies Following the Chinese immigration to the US, gangs known as Tongs created - were primarily involved in illegal gambling operations and opium distribution; these groups were hard to infiltrate as most members did not speak English (or pretended not to)

Answer 94

Yakuza differ from most other organized group for their prestige - known for wearing suits with slicked back hair and having substantial wealth; strict structure, ritual and adherence to social status norms Involvement in business and wealth means extortion and bribery are commonly done through the course of legitimate businesses Illegitimately, the Yakuza also are involved in methamphetamine and human trafficking - they will often traffic people through the Philippines or Cambodia

Answer 95

1986 mafia commission trial (united states v. Anthony Salerno et al) - 11 major mafia members, including all five crime bosses were charged with extortion, labor racketeering, and murder OCTF (organized crime task force) wire tapped the home phone and car of Salvatore Avellino - Avellion was a Caporegime of the Lucchese family; He had a monopoly of the waste management system in long island These conversations were used to convict all 11 with over 100 years of imprisonment

Answer 96

natural gas company that started in 1985 - acted as an intermediary between natural gas producers and customers. New competition meant company profits dwindled - transferred troubled accounts via special purposes entities to keep these numbers off official In 2001, reported sudden losses of 638 million raised question by SEC - Arthur Anderson employees (auditing company for Enron) started to shred documents of fraud; at the time Arthur Anderson was the largest accounting firm in the company By 2006 3 top executives plead guilty to 24, 45, and 6 years in prison - only each only served 12 years, the second died before sentence, third did 5 years Arthur Anderson was found guilty of obstructing justice As a result of this scandal, Sarbanes- Oxley Act was passed in 2002 - imposed harsher sentences for destroying, altering, or fabricating financial documents Would go down as one of the biggest bankruptcy cases in U.S. history

quiz 6 Flashcards

(120 cards)