Unit 2 Test. Flashcards
(85 cards)
1
Q
What is the impact of moral philosophy/ethics on law?
A
Moral Philosophy:
- Basis for Laws: Many laws come from shared moral beliefs, like not stealing or hurting others.
- Deciding Right and Wrong: Ethics helps us figure out which actions should be allowed and which shouldn’t.
- Fairness of Laws: Morals help us judge whether a law is fair or unfair.
- Keeping Balance: Laws use morals to protect people while allowing freedom.
- Changing Over Time: As values change, laws often change to match new ideas of right and wrong.
2
Q
*What role should our morals have on our laws?
A
- Morals help shape laws based on what’s right and wrong.
- Not all immoral actions are crimes, but laws punish serious wrongs.
- Laws reflect what society thinks is acceptable behavior.
3
Q
What is justice?
A
- Definition of Justice: Justice means doing what is right and fair, making sure benefits and responsibilities are shared fairly. It is based on what we believe is right, but these ideas can change over time.
4
Q
What are the characteristics of justice?
A
- Impartiality: Justice should be fair to everyone, no matter how rich or powerful they are.
- Law and Fair Process: Justice applies to both the rules (e.g., rules for breath tests) and how the rules are applied (e.g., making sure everyone is treated the same during the test).
- Not Always the Same as Fairness: Sometimes, justice means treating people differently to account for differences, like physical strength between men and women.
- No Discrimination: Justice does not judge people based on things that don’t matter, like height or unrelated skills.
- Fair Distribution: Justice means giving everyone what they deserve, whether it’s benefits or responsibilities.
5
Q
What is Legal Realism?
A
- Role in Society: Law is shaped by social factors and the judge’s personal views.
- Example: A judge may make a ruling based on their own experiences or the community’s needs.
- Punishment: Focus on rehabilitation and understanding the context of the crime.
- Criticism: Can make the law feel unpredictable because it’s influenced by personal biases.
6
Q
What is Critical Legal Studies?
A
- Role in Society: Law helps powerful groups stay in control and often hurts marginalized people.
- Example: Laws that benefit the rich and hurt the poor or minorities.
- Punishment: Change laws to make them more fair, rather than focusing on punishing people.
- Criticism: Doesn’t offer clear solutions or alternatives, just critiques the system.
7
Q
What is Feminist Jurisprudence?
A
- Role in Society: Law is biased against women and reinforces gender inequality.
- Example: Laws that don’t fully protect women from violence or discrimination.
- Punishment: Focus on fair treatment for women and social reform.
- Criticism: May overlook other important issues like race or class.
8
Q
What is Marxist Jurisprudence?
A
- Role in Society: Law protects the interests of the wealthy and powerful, keeping the working class down.
- Example: Laws that protect businesses and property while ignoring workers’ rights.
- Punishment: Look at social problems (like poverty) that lead to crime, and try to fix them.
- Criticism: Doesn’t offer practical solutions for fixing the system.
9
Q
What is Sociological Jurisprudence?
A
- Role in Society: Law should adapt to changes in society and reflect social needs.
- Example: Changes in laws on issues like same-sex marriage as society’s views evolve.
- Punishment: Focus on rehabilitation and addressing root causes like poverty or lack of education.
- Criticism: Can make the law too flexible and unpredictable.
10
Q
What is Virtue Jurisprudence?
A
- Role in Society: Law should encourage people to be morally good and develop virtuous habits.
- Example: A judge may look at a person’s character when deciding on a sentence.
- Punishment: Aim to help offenders become better people, not just punish them.
- Criticism: What’s considered “virtuous” can be subjective and hard to apply.
11
Q
What is Legal Formalism (letter of the law)?
A
- Role in Society: Law is a set of clear, fixed rules that judges must apply strictly.
- Example: A judge follows the law exactly without considering outside factors.
- Punishment: Punishment is based strictly on what the law says, with no exceptions.
- Criticism: Can lead to unfair results because it ignores the context of a case.
12
Q
What is the Spirit of the Law?
A
- Role in Society: Law should be understood in terms of its underlying moral principles, not just the letter.
- Example: A judge interprets a law to achieve the intended justice, not just follow the wording.
- Punishment: Focus on the intent behind the law when deciding punishment.
- Criticism: Can be inconsistent, as different people may interpret the “spirit” of the law in different ways.
13
Q
What is Popular Morality?
A
- Role in Society: Law should reflect the moral values of the majority of society.
- Example: Laws against behaviors like drug use because the public sees them as morally wrong.
- Punishment: Punishments reflect what society believes is just.
- Criticism: Can lead to laws that oppress minorities if they go against the majority’s views.
14
Q
What is Critical Morality?
A
- Role in Society: Laws should be based on higher moral principles, like fairness and human rights.
- Example: A judge refuses to enforce a law that they believe violates human rights.
- Punishment: Judges should apply punishment based on higher ethical standards.
- Criticism: Can be too idealistic and difficult to apply in a diverse society.
15
Q
What is Divine Law?
A
- Role in Society: Divine law is the will of a higher power (like God), and society must follow it to stay morally right.
- Punishment: Punishments are meant to fix moral wrongs, with consequences on earth and in the afterlife.
- Criticisms:
It’s too rigid and doesn’t change with society;
Different people interpret it differently;
It doesn’t fit well with modern, non-religious societies. - Example: Harsh punishments in religious countries like Iran.
16
Q
What is Natural Law?
A
- Role in Society: Natural law says laws should follow basic moral rules that everyone can understand.
- Punishment: Punishment should fix the wrong and prevent future crime.
- Criticisms:
People don’t always agree on what’s morally right;
It can’t always adapt to new problems;
It often mixes with religion, which doesn’t fit in non-religious societies. -Example: The Civil Rights Movement in the U.S. used natural law to fight segregation.
17
Q
What is Positive Law?
A
- Role in Society: Positive law is made by governments and is valid just because the authorities say so.
- Punishment: Punishment is used to enforce the law and keep order.
- Criticisms:
It separates law from morality, so bad laws can exist;
It can support unfair laws if they’re passed by authorities;
It focuses too much on government power, not individual rights;
Laws can change quickly with politics. - Example: The Napoleonic Code made laws clear and uniform across Europe.
18
Q
Who is Saint Augustine?
A
- Theory: Divine Law
- Why: Augustine believed real justice comes from God’s law, not human laws. Human laws can be flawed, but divine law is the highest authority. Punishment for breaking divine law serves both earthly and eternal purposes.
19
Q
Who is St. Thomas Aquinas?
A
- Theory: Divine Law and Natural Law
- Why: Aquinas thought human laws should be based on God’s law and reason. Laws should promote moral behavior and the common good. Punishment should correct sinners and maintain order.
20
Q
Who is Socrates?
A
- Theory: Natural Law
- Why: Socrates believed laws should help people live good, virtuous lives. True justice is based on universal moral truths, and laws should reflect those truths.
21
Q
Who is Plato?
A
- Theory: Natural Law
- Why: Plato believed laws should reflect perfect, unchanging ideas of justice. He thought philosopher-kings, who understand these ideas, should make laws based on them.
22
Q
Who is Aristotle?
A
- Theory: Natural Law
- Why: Aristotle believed laws should promote justice, especially fairness in wealth and honor. He thought reason could help create laws that allow people to reach their full potential.
23
Q
Who is Cicero?
A
- Theory: Natural Law
- Why: Cicero believed laws should reflect universal principles of justice, fairness, and equality. He said people have the right to challenge laws that go against natural law.
24
Q
Who is John Locke?
A
- Theory: Natural Law (focused on individual rights)
- Why: Locke believed people have natural rights to life, liberty, and property. Governments exist to protect these rights, and if a government violates them, people can rebel.
25
Who is Thomas Hobbes?
- Theory: Positive Law (Social Contract)
- Why: Hobbes believed humans are naturally violent and need laws to maintain order. Governments are created to keep peace, and the state should have strong power to enforce laws.
26
Who is Jeremy Bentham?
- Theory: Utilitarianism (focused on Positive Law)
- Why: Bentham believed laws should create the greatest happiness for the most people. He focused on practical laws that benefit society, not on morality.
27
What is Social Contract?
An agreement where people give up some freedom and follow laws in exchange for protection and order from the government.
28
What is the Trolley Cart Dilemma?
A thought experiment where you have to choose between saving five people by sacrificing one. It asks what’s the right thing to do when lives are at stake.
29
What is Civil Disobedience?
When people refuse to follow unfair laws peacefully, to protest and show that the law is wrong.
30
What is Utilitarianism?
The idea that actions should be judged by how much happiness or good they bring to the most people, even if it means harming a few.
31
What is a Theory?
It is an assumption, or a set of assumptions, that attempts to explain why or how things are related to each other.
32
What is Criminology?
The scientific study of crime, criminal behavior, and societal responses to crime.
33
What is Crime? What is Deviance?
- Crime: Actions that break laws established by a governing body.
- Deviance: Behavior that deviates from social norms, whether or not it's illegal.
34
Legitimacy vs. Deterrence?
- Legitimacy: The belief that laws and authority are just and should be followed.
- Deterrence: The idea that the threat of punishment discourages criminal behavior.
35
What were the London Riots of 2011 (causes, why participate, suggestions to solve issues)?
- Causes: Socioeconomic inequalities, police brutality, lack of trust in government institutions, and public anger.
- Why Participate: Social unrest, perceived lack of opportunities, and frustration with authority.
- Suggestions to Solve Issues: Addressing inequality, improving police-community relations, providing economic opportunities, and fostering trust in institutions.
36
What is Free Will? What is Determinism?
- Free Will: The idea that individuals have control over their actions and choices.
- Determinism: The belief that behavior is influenced by factors beyond individual control (e.g., biology, environment).
37
What is Hedonism?
Hedonism: The pursuit of pleasure and avoidance of pain as the ultimate goal of human behavior.
38
Who is Cesare Bonesana?
Advocated for classical criminology, arguing that punishments should be swift, certain, and proportionate to the crime. Opposed to torture and death penalties.
39
Who is Jeremy Bentham?
Known for **utilitarianism**, which suggests that the best action is the one that maximizes happiness for the greatest number of people. Bentham believed in creating legal systems that promote societal happiness.
40
Who is Cesare Lombroso?
Advocate of the **atavism theory**, which suggests that criminals are biologically inferior and can be identified through physical traits (e.g., facial features, body type).
41
William Sheldon and Body Types?
Suggested that body types (endomorph, mesomorph, and ectomorph) are related to personality and criminal behavior, with mesomorphs being more prone to aggression.
42
Han Brunner and Bradley Waldroup?
Brunner studied a family with a genetic mutation linked to violent behavior, suggesting a possible biological basis for criminal behavior.
Waldroup is a case study in genetic and environmental influences on violent behavior.
43
Who is Dr. James Fallon and Dorothy Lewis?
- Fallon: Studied brain scans of serial killers and suggested that brain abnormalities could contribute to violent behavior.
- Lewis: Focused on the relationship between childhood trauma and adult criminality.
44
Who is Kim Gorgens?
Known for her work on the role of mental health in criminal behavior, including substance abuse and psychiatric disorders.
45
What is Classical Conditioning (Pavlov)?
The process by which a neutral stimulus becomes associated with a meaningful one, resulting in a conditioned response (e.g., Pavlov's dogs salivating at the sound of a bell).
46
Who is B.F. Skinner?
Known for **operant conditioning**, which focuses on how behaviors are shaped by rewards and punishments.
47
Who is Albert Bandura and what is the Bobo Doll experiment?
He demonstrated that children can learn aggressive behavior through observation, especially if the behavior is modeled by an adult.
48
Who is Sigmund Freud?
Proposed that criminal behavior could stem from unconscious desires and conflicts within the psyche, particularly unresolved issues from childhood.
49
Stanley Milgram (The Milgram Experiment)?
Studied obedience to authority, showing that people are often willing to harm others when instructed by an authority figure.
50
Philip Zimbardo (Stanford Prison Experiment)?
Demonstrated how situational factors (e.g., the power of authority and dehumanization) can lead individuals to engage in cruel behavior.
51
Who is Emile Durkheim (Anomie)?
He described anomie as a state of normlessness or breakdown of social norms, often occurring in times of rapid change, which can contribute to deviant behavior.
52
Darley and Latane (Kitty Genovese and the Bystander Effect)?
Found that people are less likely to intervene in emergencies when others are present, due to diffusion of responsibility.
53
Who is Robert Merton?
Developed the strain theory, which suggests that people engage in deviant behavior when they are unable to achieve societal goals through legitimate means.
54
Robert Agnew (General Strain Theory)?
Expanded on Merton’s theory, emphasizing the role of negative emotions (e.g., anger, frustration) in motivating criminal behavior.
55
Marx and Engels?
Argued that crime results from class conflict and exploitation. They believed that societal inequalities, particularly in capitalist systems, create conditions for criminal behavior.
56
Shaw and McKay?
Social Disorganization Theory: Found that areas with high poverty, residential mobility, and ethnic diversity are more likely to experience high crime rates due to weakened social institutions.
57
Who is Howard Becker?
Developed the labeling theory, which posits that people become deviant when they are labeled as such by society, leading to further deviance.
58
Who is George Hebert Mead?
Focused on the symbolic interactionist perspective, emphasizing that deviance is learned through social interactions and the meanings people attach to those interactions.
59
What is the Prisoner Dilemma?
- The Prisoner's Dilemma is a classic concept in game theory that illustrates the conflict between individual self-interest and collective benefit.
- It involves two individuals who are faced with a decision to cooperate or betray each other, with the outcome depending on the choices made by both.
60
What is Demonic Perspective?
- Cause of Crime: Crime is caused by evil spirits or demons.
- Solution: Exorcism or religious rituals to remove the evil.
- Punishment: Severe punishment like torture or death.
- Criticism: Lacks evidence, based on superstition, not science.
61
What is Classical Conditioning (Cesare Beccaria)?
- Cause of Crime: Crime is a rational choice made by individuals.
- Solution: Make punishment quick, certain, and fair to discourage crime.
- Punishment: Fair, proportional punishment.
- Criticism: Assumes everyone is rational, ignoring emotions or social factors.
62
Rational Choice Theory?
- Cause of Crime: People commit crimes when the perceived benefits outweigh the risks.
- Solution: Increase the risks of crime (e.g., more police, surveillance) and reduce the rewards (e.g., fewer opportunities).
- Punishment: Punishment should be certain and predictable to deter criminal behavior.
- Criticisms: Overemphasizes rational decision-making and doesn't account for impulsive or emotionally driven crimes.
63
What is the Deterrence Theory?
- Cause of Crime: Crime occurs when punishment is not severe, certain, or swift enough.
- Solution: Strengthen deterrents by making punishments more certain and harsh.
- Punishment: Strong, swift, and certain punishment to discourage crime.
- Criticisms: Assumes rational behavior, but ignores crimes of passion or those committed impulsively.
64
What is the Positivist Theory?
- Cause of Crime: Crime is determined by biological, psychological, and social factors beyond a person’s control.
- Solution: Address the root causes of crime (e.g., poverty, mental illness) through rehabilitation and social reforms.
- Punishment: Rehabilitation and treatment are more important than punishment.
- Criticisms: Overemphasis on determinism, disregards free will, and can lead to stigmatizing individuals for factors beyond their control.
65
What is Biological Determinism?
- Cause of Crime: Crime is caused by genetics or biology, like brain structure or chemical imbalances.
- Solution: Treat the biological issues (e.g., with medicine or therapy).
- Punishment: Focus on treatment rather than punishment.
- Criticisms: Doesn’t consider social or environmental factors, and may excuse criminal behavior.
66
What is the Atavistic Form Theory?
- Cause of Crime: Criminals have physical traits that make them look like earlier stages of human evolution.
- Solution: Identify criminals based on their physical features.
- Punishment: Harsh punishment or isolation.
- Criticisms: No scientific proof, and it’s based on outdated and biased ideas.
67
What is the Somatotypes Theory?
- Cause of Crime: Body types (e.g., muscular or stocky builds) are linked to criminal behavior.
- Solution: Adjust the environment or rehabilitate based on body type.
- Punishment: Incarceration or isolation.
- Criticisms: No evidence linking body types to crime.
68
What is the XXY or Supermale Theory?
- Cause of Crime: Males with an extra Y chromosome are more likely to commit violent crimes.
- Solution: Genetic tests and medical treatment.
- Punishment: More focus on treatment than punishment.
- Criticisms: No clear evidence linking the extra Y chromosome to crime.
69
Twin Studies?
- Cause of Crime: Genetics may influence criminal behavior, as identical twins are more likely to share criminal tendencies.
- Solution: Genetic interventions or changing the environment.
- Punishment: Focus on treatment or rehabilitation based on genetics.
- Criticisms: Doesn’t fully explain crime, as environment plays a role too.
70
What is the Warrior Gene Theory? (MAO-A theory)?
- Cause of Crime: The MAO-A gene may make people more prone to aggression and violence, especially in violent environments.
- Solution: Genetic testing and therapy.
- Punishment: Focus on rehabilitation.
- Criticisms: Not enough evidence to support this theory, and it might excuse violent behavior.
71
What is Biocriminology?
- Cause of Crime: A combination of genetics, brain chemistry, and hormones contributes to criminal behavior. -Solution: Medical or psychological treatment to address these biological factors.
-Punishment: Focus on rehabilitation, not punishment.
-Criticisms: Focuses too much on biology and not enough on social influences.
72
What is Psychological Theories?
-Cause of Crime: Mental health issues or troubled childhood experiences may lead to criminal behavior.
-Solution: Therapy or psychiatric treatment to address mental health.
-Punishment: Focus on rehabilitation rather than punishment.
-Criticisms: Not all criminals have mental health issues, and it ignores social factors.
73
What is Mental Illness and Criminality?
-Cause of Crime: Mental illness can affect judgment and lead to crime.
-Solution: Treat offenders in psychiatric facilities rather than prisons.
-Punishment: Focus on mental health care.
-Criticisms: Not all criminals are mentally ill, and it doesn’t explain all crimes.
74
What is Psychodynamic/Psychoanalytic Theory?
-Cause of Crime: Unresolved childhood trauma or unconscious conflicts lead to criminal behavior.
-Solution: Psychoanalysis to resolve internal conflicts.
-Punishment: Focus on therapy.
-Criticisms: Lacks scientific evidence and doesn’t consider social causes of crime.
75
What is Behavioral Theory?
-Cause of Crime: Crime is learned through interaction with others and rewards or punishments.
-Solution: Teach positive behaviors through rewards and discourage criminal actions.
-Punishment: Use rewards and punishment to shape behavior.
-Criticisms: Doesn’t explain why some people resist criminal behavior even when exposed to it.
76
What is Cognitive Theory?
-Cause of Crime: Criminals have faulty thinking patterns that justify their actions.
-Solution: Use cognitive-behavioral therapy (CBT) to correct distorted thinking.
-Punishment: Focus on therapy to change thinking patterns.
-Criticisms: Doesn’t consider social or environmental causes of crime.
77
What is Social Learning Theory?
-Cause of Crime: People learn criminal behavior from their social environment (family, friends, peers).
-Solution: Encourage positive role models and change the social environment.
-Punishment: Use reinforcement to promote good behavior.
-Criticisms: Doesn’t explain why some people reject criminal behavior despite similar exposure.
78
What is Sociological Theories?
-Cause of Crime: Crime is caused by social structures, inequality, and cultural norms.
-Solution: Address social inequality and improve systems that contribute to crime.
-Punishment: Focus on social reform to prevent crime.
-Criticisms: Can overlook individual choice and responsibility.
79
What is the Theory of Anomie?
-Cause of Crime: Crime occurs when society’s norms are unclear or broken down, causing confusion.
-Solution: Strengthen societal norms and integration.
-Punishment: Focus on restoring social cohesion and shared values.
-Criticisms: Doesn’t explain all types of crime, and assumes society has a set of clear norms.
80
What is Strain Theory?
-Cause of Crime: Crime occurs when people can’t achieve societal goals through legitimate means, leading to frustration.
-Solution: Provide more opportunities for success without resorting to crime.
-Punishment: Address social inequalities to reduce crime.
-Criticisms: Doesn’t explain non-economic crimes or why people react differently to strain.
81
What is Consensus Theory?
-Cause of Crime: Crime happens when there is a breakdown in shared values and norms.
-Solution: Strengthen shared societal norms and values.
-Punishment: Focus on restoring harmony in society.
-Criticisms: Assumes that society agrees on all values, which is not always true.
82
What is Conflict Theory?
-Cause of Crime: Crime is a result of inequality and conflict between social classes (rich vs. poor).
-Solution: Address inequality by redistributing power and resources.
-Punishment: Focus on social change, not just punishment.
-Criticisms: Overemphasizes class conflict and doesn’t explain individual behavior.
83
What is Ecological School/Social Disorganization Theory?
-Cause of Crime: Crime happens more often in neighborhoods with weak social ties, poverty, and disorganization.
-Solution: Improve community organization and reduce poverty.
-Punishment: Focus on strengthening communities, not just punishing offenders.
-Criticisms: Doesn’t account for individual motivations or the diversity of crime types.
84
What is Labelling Theory?
- Cause of Crime: Crime is caused by society labeling individuals as "criminals," which leads them to adopt that identity.
- Solution: Reduce stigmatization and avoid labeling individuals as criminals.
- Punishment: Reduce punitive measures and focus on rehabilitation.
- Criticisms: Doesn’t explain why some people commit crimes before being labeled and ignores individual responsibility.
85
What is Neuroscience & Neurophysiological Theories?
- Cause of Crime: Brain damage or abnormalities (e.g., in the prefrontal cortex) may lead to impulsive or aggressive behavior.
- Solution: Treat brain damage with medical or psychological interventions.
- Punishment: Focus on rehabilitation rather than punishment.
- Criticisms: Ignores social and environmental factors that contribute to crime.
