Exam 1 Flashcards
actus rea
a bad act committed by a person (ex. stealing)
mens rea
mental state; need an act and an accommodating mental state to commit a crime
anomie
lack of the usual social or ethical standards in an individual or group
atavism theory
some people are criminals because they are less evolved and haven’t developed into modern society (primitive)
behavioral theory
crime is rooted in who we are and our genetics; crime is basic to our physiological makeup
black codes
Southern laws that restricted people’s right to own property, conduct business, buy and lease land, and move freely through public spaces
class struggle
the Marxist theory that human history is shaped by the fight for power between different economic groups (classes)
classical criminology
looks at rationality (Bentham’s ideas)
common law
legal tradition in England and the US where courts determine the meanings of laws through a series of opinions or precedents that are binding
confromists
people that do things by the book (ex, go to college and get a job); most people in society
conspiracy
a secret plan by a group to do something unlawful or harmful
convict-lease system
Southern states leased prisoners to private railways, mines, and large plantations
crimes against property
affecting someone’s life but no bodily harm is done (ex. Robbery, vandalism)
crimes against public order
no particular victim, everyone is affected (ex. Public intoxication, public nudity, loitering, noise violations, etc.)
crimes against the person
that person’s bodily integrity is violated (ex. Rape, abuse, assault, etc.)
critical race theory
view that American society is structurally unequal and that minorities are targeted by the government in general and by the criminal justice system
criminology
the study of crime and criminal behavior
crimes against the state
crimes committed against the US (ex. Treason Sedition (trying to overthrow the government))
critical criminology
states crime is not a disease in need of a cure but is in many ways a perfectly understandable response to a society that itself is “sick” from injustice and inequality
dark figure of crime
crimes that don’t show up in any sets of data; there could be a whole separate set of crimes we don’t know about because nobody reports them or is caught doing them
defence
a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence
deterrence
the action of discouraging an action or event through instilling doubt or fear of the consequences
differential association theory
the theory that argues criminal behaviors and outlooks are determined by those who we spend time with; being exposed to criminals as a child teaches kids to become criminals
duress
threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment (ex. Held at gunpoint and told to commit a crime so they do)
diminished capacity
claims they don’t have a mens rea because they were mentally ill; they didn’t know the difference between right and wrong (ex. A woman believes a police officer is an alien and kills him, she didn’t have the mental state to create a mens rea)
Emile Durkheim
noticed every society had an idea of crime but different ideas of what actually is a crime
If society views something in a way that it should be punished, it becomes a crime (ex. Our culture thinks murder is wrong but others might not (honor killings in Asia))
Enlightenment
deviation of views from the church (crime is no longer a religious thing)
Excuse
admitting you committed a crime but saying you shouldn’t be punished
Failure of Proof Defence
prosecution fails to prove you committed the act or the mens rea, or that you caused the death
Felony
serious offenses, usually punished by over one year of incarceration
feminist criminology
criminological theory is rooted in the view that women are treated unjustly in society and that these inequalities are reflected in criminal justice
green criminology
the field of criminology that studies environmental crimes
ideology
in Marxism, the view that the beliefs and values of a society reflect the interests of the dominant class
hierarchy rule
the practice of the UFM of only counting the most serious crime you commit in its measures; you will only be charged for the worst crime you commit
inchoate offenses
incomplete crimes; no harm has been done yet but is planned to be done
(ex. Attempted murder/conspiracy to murder)
insanity
says people are not able to claim responsibility for their actions (different states have different definitions)
intent
having an explicit goal in mind and you commit the crime to complete that action
(ex. I want to kill someone so I shoot them)
intersectionality
the critical approach that seeks to understand how different inequalities (race, class, gender) interact; multiple things add up to a person committing a crime
innovator
people who want to be conformists but don’t do it by the book (ex. drug dealers)
irresistable impulse test
people have no ability to control their impulses
Jeremy Bentham
created the idea of utilitarianism, the greatest happiness for the greatest number, and wanted people to make decisions based on what will benefit the most people (ex. He donated his body to science)
Wanted to build a criminal justice system based with idea that punishment should be determined by what makes the crime not worth it and should appeal to people’s self-interests to NOT commit the crime
justification
admitting to committing a crime but saying you had no choice (ex. self-defense)
labeling theory
the theory that says criminal behavior is often a result of society labeling individuals as criminals (ex. of labels- thug, jock, nerd)
learning theory
behavior is developed by watching people; behavior in learned (ex. Bobo Doll Experiment)
legal definition of crime
someone who violates criminal law
life course of criminology
tracks criminal behavior over a person’s entire life; examining social, psychological, and physiological changes that make an individual’s life and how these affect the person’s criminal behavior
M’Naghten Rule
if at the time of the act, the person doesn’t know they were doing something or didn’t know it was wrong, they might be able to claim insanity due to mental illness
Karl Marx
created the idea that capitalism influences society which influences crime; laws are in favor of the rich and wealthy
Misdemeanor
relatively minor infraction, often punished by under one year of imprisonment
moral defense of crime
we believe criminal acts are wrong because they are wrong, not because they are against the law
NCVS
national crime victim survey; survey of crime that involves calling a random selection of homes and asking about what crimes they have experienced in the past year
Skewed because some people lie or don’t want to tell the truth, or don’t know they were a victim
Gives generalization son which crimes are most common
necessity defense
applies when an individual commits a criminal act during an emergency in order to prevent greater harm from happening
negligence
criminal stupidity (not giving enough attention to the possibility of danger)
NBRS
a record of ALL incidents; includes crimes not charged due to hierarchy law
patriarchy
feminist view of society that argues that social power is in the hands of men and serves male interests
phrenology
the idea that the curves and bumps on your skull determine characteristics (in this instance, if you will be a criminal)
postmoderism
a collection of social theories that question both conservative and leftist criminology theories and reject the idea that there is a right way to organize a society
priming
wording things a certain way to get a person to think/answer in a certain way
proximate cause
you caused and are responsible for the death of someone (morally responsible)
psychoanalysis
the psychological theory that people are motivated by unconscious drives or desires
psychological criminology
says crime is caused by someone’s life experiences/trauma; looks at development as a cause of crime (most crime is irrational)
queer criminology
field of criminology that examines crime and justice issues that affect lesbian, gay, transgendered, bisexual, and queer people
racial threat theory
theory that white Americans see black people as a threat to their power, wealth, and security and as such must be controlled
rape shields
laws that prevent defense lawyers from interrogating the sexual history of rape victims
rebel
rejects society’s values but has their own; different goals and different means of achieving them
rational egoism
every human is motivated by pleasure and avoiding pain; we need to build an understanding of crime based on actual human behavior
recklessness
when an individual doesn’t mean to cause harm but acted so dangerously that she made it very likely that something bad would happen
result crime
a crime that has to show the act that caused the result (3 parts, note 2); ex. About the girl with the heart condition that died after being in a fight but died because of the heart condition, not the fight
retreatist
rejects everything in society on the margins of society, doesn’t want the things conformists want (ex. Hippies, homeless people)
self-report study
people voluntarily, though anonymously, report crimes that they have committed
social control theory
approach that seeks out the roots of law-abiding behavior, rather than the sources of criminal behavior
social disorganization theory
certain stressors in a society (ex. Poverty, multiple parents having to work, etc.) cause poverty and crime (people don’t cause crime, the way society is organized does)
sociobiology
the belief that much of our social behavior is determined by our biological makeup
sociological criminology
the study of how society defines crime; what they consider a crime, and what they don’t (how society as a whole reacts to certain things that happen and how they should be punished)
sociological definition of crime
each society has a different definition of crime and what makes a crime
stand your ground law
states you have no obligation to leave a place if you have the legal right to be there
strain theory
the criminological theory that believes that crime often results from the inability of people to realize socially prescribed goals by socially prescribed means
substantial step
point in a plan or act where you can’t back out anymore
strict liability
has no mens rea, only an actus reus (ex. Having sex with a 19-year-old after she showed you an ID that said she was 18)
transitional neighborhood
neighborhoods with large numbers of immigrants
treason
helping the enemy (ex. giving them government plans)
uniform crime report
federal records of crime sent to the department of justice to officially create reports
victimization survey
a means of surveying crime by asking people whether they have been the victim of a crime
white collar crime
a crime that occurs in a professional context (ex. Stealing from your employer)
3 parts of a crime
actus reus, mens rea, causation
