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CRJU 110 > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

actus rea

A

a bad act committed by a person (ex. stealing)

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2
Q

mens rea

A

mental state; need an act and an accommodating mental state to commit a crime

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3
Q

anomie

A

lack of the usual social or ethical standards in an individual or group

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4
Q

atavism theory

A

some people are criminals because they are less evolved and haven’t developed into modern society (primitive)

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5
Q

behavioral theory

A

crime is rooted in who we are and our genetics; crime is basic to our physiological makeup

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6
Q

black codes

A

Southern laws that restricted people’s right to own property, conduct business, buy and lease land, and move freely through public spaces

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7
Q

class struggle

A

the Marxist theory that human history is shaped by the fight for power between different economic groups (classes)

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8
Q

classical criminology

A

looks at rationality (Bentham’s ideas)

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9
Q

common law

A

legal tradition in England and the US where courts determine the meanings of laws through a series of opinions or precedents that are binding

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10
Q

confromists

A

people that do things by the book (ex, go to college and get a job); most people in society

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11
Q

conspiracy

A

a secret plan by a group to do something unlawful or harmful

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12
Q

convict-lease system

A

Southern states leased prisoners to private railways, mines, and large plantations

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13
Q

crimes against property

A

affecting someone’s life but no bodily harm is done (ex. Robbery, vandalism)

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14
Q

crimes against public order

A

no particular victim, everyone is affected (ex. Public intoxication, public nudity, loitering, noise violations, etc.)

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15
Q

crimes against the person

A

that person’s bodily integrity is violated (ex. Rape, abuse, assault, etc.)

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16
Q

critical race theory

A

view that American society is structurally unequal and that minorities are targeted by the government in general and by the criminal justice system

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17
Q

criminology

A

the study of crime and criminal behavior

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18
Q

crimes against the state

A

crimes committed against the US (ex. Treason Sedition (trying to overthrow the government))

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19
Q

critical criminology

A

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

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20
Q

dark figure of crime

A

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

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21
Q

defence

A

a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence

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22
Q

deterrence

A

the action of discouraging an action or event through instilling doubt or fear of the consequences

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23
Q

differential association theory

A

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

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24
Q

duress

A

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)

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25
Q

diminished capacity

A

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)

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26
Q

Emile Durkheim

A

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))

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27
Q

Enlightenment

A

deviation of views from the church (crime is no longer a religious thing)

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28
Q

Excuse

A

admitting you committed a crime but saying you shouldn’t be punished

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29
Q

Failure of Proof Defence

A

prosecution fails to prove you committed the act or the mens rea, or that you caused the death

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30
Q

Felony

A

serious offenses, usually punished by over one year of incarceration

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31
Q

feminist criminology

A

criminological theory is rooted in the view that women are treated unjustly in society and that these inequalities are reflected in criminal justice

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32
Q

green criminology

A

the field of criminology that studies environmental crimes

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33
Q

ideology

A

in Marxism, the view that the beliefs and values of a society reflect the interests of the dominant class

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34
Q

hierarchy rule

A

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

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35
Q

inchoate offenses

A

incomplete crimes; no harm has been done yet but is planned to be done
(ex. Attempted murder/conspiracy to murder)

36
Q

insanity

A

says people are not able to claim responsibility for their actions (different states have different definitions)

37
Q

intent

A

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)

38
Q

intersectionality

A

the critical approach that seeks to understand how different inequalities (race, class, gender) interact; multiple things add up to a person committing a crime

39
Q

innovator

A

people who want to be conformists but don’t do it by the book (ex. drug dealers)

40
Q

irresistable impulse test

A

people have no ability to control their impulses

41
Q

Jeremy Bentham

A

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

42
Q

justification

A

admitting to committing a crime but saying you had no choice (ex. self-defense)

43
Q

labeling theory

A

the theory that says criminal behavior is often a result of society labeling individuals as criminals (ex. of labels- thug, jock, nerd)

44
Q

learning theory

A

behavior is developed by watching people; behavior in learned (ex. Bobo Doll Experiment)

45
Q

legal definition of crime

A

someone who violates criminal law

46
Q

life course of criminology

A

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

47
Q

M’Naghten Rule

A

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

48
Q

Karl Marx

A

created the idea that capitalism influences society which influences crime; laws are in favor of the rich and wealthy

49
Q

Misdemeanor

A

relatively minor infraction, often punished by under one year of imprisonment

50
Q

moral defense of crime

A

we believe criminal acts are wrong because they are wrong, not because they are against the law

51
Q

NCVS

A

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

52
Q

necessity defense

A

applies when an individual commits a criminal act during an emergency in order to prevent greater harm from happening

53
Q

negligence

A

criminal stupidity (not giving enough attention to the possibility of danger)

54
Q

NBRS

A

a record of ALL incidents; includes crimes not charged due to hierarchy law

55
Q

patriarchy

A

feminist view of society that argues that social power is in the hands of men and serves male interests

56
Q

phrenology

A

the idea that the curves and bumps on your skull determine characteristics (in this instance, if you will be a criminal)

57
Q

postmoderism

A

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

58
Q

priming

A

wording things a certain way to get a person to think/answer in a certain way

59
Q

proximate cause

A

you caused and are responsible for the death of someone (morally responsible)

60
Q

psychoanalysis

A

the psychological theory that people are motivated by unconscious drives or desires

61
Q

psychological criminology

A

says crime is caused by someone’s life experiences/trauma; looks at development as a cause of crime (most crime is irrational)

62
Q

queer criminology

A

field of criminology that examines crime and justice issues that affect lesbian, gay, transgendered, bisexual, and queer people

63
Q

racial threat theory

A

theory that white Americans see black people as a threat to their power, wealth, and security and as such must be controlled

64
Q

rape shields

A

laws that prevent defense lawyers from interrogating the sexual history of rape victims

65
Q

rebel

A

rejects society’s values but has their own; different goals and different means of achieving them

66
Q

rational egoism

A

every human is motivated by pleasure and avoiding pain; we need to build an understanding of crime based on actual human behavior

67
Q

recklessness

A

when an individual doesn’t mean to cause harm but acted so dangerously that she made it very likely that something bad would happen

68
Q

result crime

A

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

69
Q

retreatist

A

rejects everything in society on the margins of society, doesn’t want the things conformists want (ex. Hippies, homeless people)

70
Q

self-report study

A

people voluntarily, though anonymously, report crimes that they have committed

71
Q

social control theory

A

approach that seeks out the roots of law-abiding behavior, rather than the sources of criminal behavior

72
Q

social disorganization theory

A

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)

73
Q

sociobiology

A

the belief that much of our social behavior is determined by our biological makeup

74
Q

sociological criminology

A

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)

75
Q

sociological definition of crime

A

each society has a different definition of crime and what makes a crime

76
Q

stand your ground law

A

states you have no obligation to leave a place if you have the legal right to be there

77
Q

strain theory

A

the criminological theory that believes that crime often results from the inability of people to realize socially prescribed goals by socially prescribed means

78
Q

substantial step

A

point in a plan or act where you can’t back out anymore

79
Q

strict liability

A

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)

80
Q

transitional neighborhood

A

neighborhoods with large numbers of immigrants

81
Q

treason

A

helping the enemy (ex. giving them government plans)

82
Q

uniform crime report

A

federal records of crime sent to the department of justice to officially create reports

83
Q

victimization survey

A

a means of surveying crime by asking people whether they have been the victim of a crime

84
Q

white collar crime

A

a crime that occurs in a professional context (ex. Stealing from your employer)

85
Q

3 parts of a crime

A

actus reus, mens rea, causation

CRJU 110 (3 decks)

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