100 Part 1 Flashcards
First-degree murder
An offender must have purposely killed his victim and must have planned to do so at least a short time in advance
Second-degree murder
An intentional killing not planned ahead of time
Manslaughter
The offender is less blameworthy, and it usually carries a less severe penalty
Voluntary manslaughter
An offender is provoked and loses control, killing his victim in the heat of passion
Involuntary manslaughter
The killing results from an offender’s careless actions
Vehicular manslaughter
Death resulting from careless driving
Serial murder
The killing of three or more people over an extended period
Mass murder
Multiple murders that occur at one place and time
Spree murder
Victims are killed within a fairly narrow time span, from several hours to a few days
Assault and battery
A harmful or offensive physical attack by one person upon another (they are not the same thing)
Sexual violence
It encompasses a range of crimes involving sexual intercourse by force
Sexual victimization
Forced or coerced sexual intimacy
Robbery
Robber uses or threatens to use force while taking personal property from victim
Child neglect
Chronic and repetitive failure to provide children with food, shelter, clothing, cleanliness, medical care, or protection from harm
Burglary
Entering another’s property with the intent to commit a felony such as larceny (not robbery, not trespassing)
Larceny
Completed/attempted taking of cash or property from a location WITHOUT attacking or threatening victim and without obtaining permission
White-Collar Crime
Someone with authority over money illegally takes it
Drug Offenses
The unlawful possession, use, manufacturing, selling, growing, making, or distributing of drugs classified as having potential for abuse
Organized Crime
An ongoing criminal conspiracy that exists to profit from providing illicit goods and services
Dark figure of crime
Group of unreported and unrecorded crimes
Secondary victimization
Where a victim is victimized again by the judgment of police, the courts, or friends
Crimes against Persons (definition)
Attacks or threats of an attack on a person’s body
Crimes against Property (definition)
The taking of money or goods without the use of force
Crimes against Public Order and Morality (definition)
Crimes believed to be harmful to society in general or to the person who commits the crime
Political Crimes (definition)
Violent and nonviolent acts that society perceives as threats to a government’s survival
Examples of: Crimes against Persons
Homicide, Assault and Battery, Robbery, Kidnapping, Crimes against Children
Examples of: Crimes against Property
Burglary, Larceny, White-Collar Crimes (Embezzling, Fraud)
Examples of: Crimes against Public Order and Morality
Disturbing the peace, Panhandling, Prostitution, Gambling, Drunk driving
Examples of: Political Crimes
Immigration Offenses, Treason, Terrorism, Insurrection
What is Social Justice?
Just Deserts, Social Order, Equality
What is a mala in se crime?
A crime that is considered morally wrong
What is a mala prohibita crime?
Acts that are criminal because they are prohibited by the law
What is a Norm? What is Deviance?
A norm is a rule in society that “makes clear” what behavior is appropriate and expected in a particular situation.
Deviance is the violation of these norms.
Explain Consensus Perspective (defining crime)
laws defining crime come from social agreement on what criminal behavior is
Explain Conflict Perspective (defining crime)
the definition of crime comes from the struggle between different groups competing for resources.
those with the resources influence and create the laws.
Explain Interaction Perspective (defining crime)
the definition of crime comes from negotiations/interactions
What are sanctions?
consequences intended to reinforce people’s conformity to norms
can be positive or negative
What are the components of the CRJ system?
Describe each one. (4)
Law enforcement - enforce the law, protect and arrest
Courts - dual court system (federal and state courts)
Corrections - the systematic, organized effort by society to punish offenders, protect the public, and change offenders’ behavior
Victim Services - help victims (shelter, counseling, legal needs), victim advocates may be appointed to help victims
Explain Probation. Explain Parole.
Probation: an offender remains in the community under court supervision
Parole: an offender is released early and watched by the Department of Corrections
Explain the Crime Control Model
A criminal justice value system that emphasizes the efficient arrest and processing of alleged criminal offenders
Explain the Due Process Model
a criminal justice value system that emphasizes individual rights at all stages of the justice process (it’s better to let the guilty go free than convict the innocent)
What are some influences on Criminal Justice? (6)
Fear of Crime (people believe there is more crime than in reality)
Media Coverage (focuses on violent crime, causes moral panic)
Politics (elections, how much money the country will spend on the CRJ system)
Discrimination (some definitions of crime are discriminatory)
Global Challenges (cybercrime, terrorism, environmental)
Domestic Challenges (growing prison population puts stress on the capacity of the system, DNA analysis)
What is Moral Panic?
a reaction by a group of people based on exaggerated or false perceptions about crime
What is a Statutory Crime?
A mala prohibita crime, criminal because prohibited by law
What is an alternative sentence?
instead of a prison sentence, an alternative sentence is carried out in a treatment center or under community service
probation, parole
What is a Victim Impact Statement?
A statement that describes the impact the victim has suffered as a direct result of the crime
What are the different ways to measure crime? (4)
Uniform Crime Report - crime statistics from law enforcement, Crime Index (part I offenses)
National Incident-Based Reporting System - more detailed information about the crime, not just the name
National Crime Victimization Survey - victims report the crime, dark figure (unreported, unrecorded crimes)
Self-Report - criminals report themselves, information on crimes committed by people who were never caught
Explain the Classical School of Criminology
criminals have free will and choose to do crime
punishment prevents crime
Explain the Neoclassical School of Criminology
criminals choose to do crime, but there were external factors
Explain the Positivist School of Criminology
criminal behavior is predetermined, determinism rather than free will
treatment prevents crime
Explain Mental Disorders and Psychoses
mental disorders stop people from living normal day to day life
psychoses are serious disorders that cause people to be out of touch with reality
What is the DSM?
Diagnostic and Statistical Manual of Mental Disorders
the standard classification reference used by mental health professionals in the US
What are the four categories of serious mental disorders in the DSM?
Anxiety disorders - phobias, social anxiety
Mood disorders - bipolar, manic depressive
Psychosis disorders - schizophrenia
Personality disorders - narcissism, psychopathy
Explain Psychopathy and how it’s different from Psychosis
psychopathy is a personality disorder revealed by a lifelong pattern of antisocial behavior about which the individual has no remorse
psychopaths are in touch with reality and appear to be normal, they are manipulative, superficial, self-centered, and lack empathy
Define intelligence
the capacity to learn or comprehend, shown through the ability to solve problems and adapt to life’s everyday experiences
*psychopaths and serial killers lack emotional intelligence
What is Moral Reasoning?
the application of a set of ethical principles based upon what society views as good versus bad behavior
*criminals’ moral reasoning is usually off/not right, though any crime can be rationalized
What is the difference between Behavioral and Social Learning?
Behavioral: we learn behavior through reinforcement and punishment
Social: we adopt values and beliefs from others
Explain the Id, Ego, and Superego
Id: animalistic, pleasure-seeking
Ego: problem-solver
Superego: moral compass
What are Merton’s Adaptations to the Goals-Means Disjunction? (5)
Conformity - getting a job to achieve goals
Innovation - finding other ways to achieve goals, like stealing
*innovations are criminalized in response
Ritualism - keep working even if you don’t achieve goals, they aren’t important
Retreatism - give up on goals
Rebellion - create own goals
Explain Social Conflict Theories
criminal behavior comes from conflict between wealthy/poor and poor/powerless
Explain Critical Theory
the way in which structural conditions and social inequalities influence crime
What are the Social Conflict Theories?
Critical Theory
Feminist Criminology
Peacemaking Criminology
Explain Peacemaking Criminology
crime is a form of violence, it is not peaceful, and criminology should advocate for a nonviolent, peaceful society
Explain Cultural Deviance Theory
the social traditions and subcultures that people live and identify with contribute to the values that guide their behaviors
*clash of cultures
Explain Social Disorganization Theory
crime is due to a failure of social institutions and organizations (police, welfare services) to meet the needs of a community or neighborhood
What is a Subculture? What is Culture Conflict?
a group that some some of the same norms, values, and beliefs as the dominant culture, but also others that are not held by society at large
culture conflict is when the norms of one group conflicts with norms of another group, crime may or may not occur
What is Victimology?
the scientific study of victims, focuses on the role that victims played in crime causation
What is a Recidivist Victim?
people who are repeatedly victimized because of their high levels of obtrusive and unobtrusive vulnerabilities
Explain the Life Course Delinquency Perspective
delinquency follows identifiable trends from birth to old age
Describe the 6 types of law
Criminal law - protect people from harm, provide clear standards of behavior, regulate social order
Common law - relies on judges’ interpretations of previous cases, writing down the laws as they become needed
Civil law - governs the relationships between individuals
Case law - decisions judges have made in court cases
Administrative agencies - government agencies can create rules that carry the force of law
International law - rules that operate between nations and the citizens of those nations
What is the Principle of Legality?
one cannot make up the rules as they go along, the rules have to be written down to be official
What are Statutes and Ordinances?
Written laws
Statutes -> created by legislature or by voting (state)
Ordinances -> created by cities and counties
What is the Model Penal Code?
a suggested prototype for criminal laws, guidelines for writing criminal laws
What does the Constitution specify?
it specifies the components of a government, the duties of each component, and the limits of their power
*the Constitution is the supreme law of the land
Explain the differences between Civil and Criminal Law.
Civil law is between individuals (plaintiff and defendant), the defendant is found liable and has to pay for damages
Criminal law assumes that society has been harmed, the defendant is found guilty and is incarcerated
What is the Standard of Proof for Civil and Criminal laws?
civil - preponderance of the evidence (it’s more likely than not that they are liable)
criminal - beyond reasonable doubt (no reasonable belief that they are innocent)
What is Double Jeopardy?
when you are tried for the same crime twice (not allowed)
*you can be if it’s state and federal
Explain Corpus Delicti, Actus Reas, and Mens Rea.
Corpus Delicti - proof that a crime has been committed (the defendant must have had actus reas and mens rea, and the crime must have been voluntary)
Actus Reas - the act that makes a specific act a crime (causing a person’s death is the actus reas of murder)
Mens Rea - the criminal intent
What are Strict Liability Offenses?
acts that are crimes regardless of the absence or presence of criminal intent (mens rea)
What are Inchoate Offenses? What are examples?
incomplete crimes, a person has mens rea and takes steps to commit the actus reas, but does not complete
*attempts, solicitation, conspiracy
What are the common Criminal Defenses? (6)
- I didn’t do it
- It wasn’t voluntary
- It was a mistake
- I was intoxicated
- I was given consent
- Infancy
What are the Justification Defenses? (4)
Duress - being forced into committing a crime (not useable for murder)
Necessity - the circumstances required an illegal act
Self-Defense - protecting yourself or your property
Entrapment - being deceived into committing a crime you wouldn’t have otherwise committed
What are the requirements for a Self-Defense justification defense? (3)
- the action must have been necessary
- it must be proportionate to the threat
- the threat must have been imminent or immediate
Explain the Insanity Defense, NGRI, and GBMI.
the defendant did not have mens rea because of defective mental processes
Not Guilty by Reason of Insanity - acquittal and discharge, psychiatric treatment
Guilty But Mentally Ill - compromise between acquittal by NGRI and finding the defendant guilty
Explain the 4 definitions of insanity.
M’Naghten - the defendant was unable to know the act was wrong
Durham - they have a mental illness
American Law Institute - the defendant lacks substantial capacity to know the act was wrong
Irresistible Impulse - unable to control impulses
What are the 2 courts that states have?
trial & appellate
What courts does the federal system have?
district courts (similar to state trial courts)
appellate or circuit courts (for appeals)
the Supreme Court
What are the steps of the judicial process?
- prosecutor decides whether to prosecute a case
- grand jury decides if the case should go to trial
- defense attorneys protect the legal rights of the defendant
- judges ensure the rules of evidence and law are not violates and provide the jury with instructions for rendering a verdict
