Test 1 Flashcards
(27 cards)
Consensus Model
…
Conflict Model
Selectively Enforced
Two Types of Criminal Law
Substantive Laws
Procedural Laws
Forms of Criminal Law
Statutory Law
Case Law
Common Law
Two types of Legal Proceedings
Civil and Criminal
Civil - Plaintiff v. Defendant
Difference in Burden of Proof
Civil - Preponderance of Evidence
Criminal - Beyond a reasonable doubt
Defenses for Law Breaking
Mistake of Fact Mistake of Law Duress Entrapment Consent of Victim Self Defense Necessity Immaturity Intoxication Insanity
Motive vs. Intent
…
Criminal Behavior Systems
Violent Crimes Property Crimes Organized Robbery and Gang Theft White Collar and Corporate Crime Organized Crime Professional Theft Hate Crime Political Crime Victimless Crime
Criminal Homicide
Human being killing another human beings
1st Degree Murder
With malice and forethought/premeditation
Or happens during the commission of another felony (Felony Murder)
2nd Degree Murder
With malice and forethought, but not premeditated
Manslaughter
You killed them, but without the intent
Involuntary Manslaughter
You inadvertently causing the death of someone during the commission of an illegal act
Criminological Theory
1 - explain patterns and how crime is developed
2 - provide a solution
Classical Strain Theory
Zones of high crime rate correlated with “the business district”
- Conformists
- Innovators
- Ritualists
- Retreatists
- Rebels
Conformists
Those who believe in societal goals and uses socially acceptable methods achieve those goals
Innovators
Those who believe in societal goals and uses innovative, non-traditional means to achieve those goals
Ritualists
Those who have given up on societal goals and has acquiesced to their position in society
Retreatists
Those who have given up on societal goals and has retreated from society, living in seclusion
Rebels
Those who want to change society, good or bad
General Strain Theory
- Failure to achieve goals
- Removal of Positive Stimuli
- Presence of Negative Stimuli
- These things in actuality or simply perception of these things
Deterrence Theory
- General vs. Specific
- Offenders are rational
- Swift
- Certain
- Severe
- Must have all three interworking
Learning Theory
Differential Association Theory
- How and why to commit crimes
- Why the laws are ineffective/misplaced - why drugs should be legal
- Justification for economically motivated actions
- Assumes people learn behaviors from other, willing to learn, but what makes them so?