Exam 1 Flashcards
Criminology
Scientific study of the causes of crime , rates of crime , the punishment and rehabilitation of offenders , and the prevention of crime
4 disciplines that criminal justice comes from
Criminology , criminal law , criminal procedure & constitutional law
Criminal law
Branch of modern jurisprudence that deals with offenses committed against the safety and order of the state ( stealing , arisen , murder , rape)
Criminal procedure
Encompasses the series of orderly steps and actions , authorized by law of the courts , used to determine whether a person accused of a crime is guilty or not guilty (tells them what the police must do)
Constitutional law
The legal rules and principles that define the nature and limits of governmental power , and the duties and righted of individuals in relation to the state
3 parts of criminal justice system
Police , court system , corrections system
Crime control
This model emphasizes efficiency and is based on the view that the most important function of the criminal justice process is repression of criminal conduct
Due process
The model stresses the possibility of error in the stages leading to trial ,it therefore emphasizes the need to protect procedural rights even if this prevents the legal system from operating with maximum efficiency
Legalistic definition of crime
Emphasizes responsibility and intent , recognizes situations in which responsibility may be challenged or waived
Sociological definition of crime
Recognizes that the law as written isn’t always the law as enforces and emphasized the role of social variables such as class and power
Elements of a crime
Actus reus, Active commission, conspiracy, abettor, accessory before the fact, accessory after-the-fact, mensrea
Actus reus
Guilty act, physical act you take during a crime
Active commission
Committing crime, example not paying taxes
Conspiracy
Acting in-concert in criminal purpose and it must involve two or more people. Example, taking part of a drug deal but not actually being there when the drug deal is taking place. Want to make an overt act you have committed a crime. Example, hiring a hitman. *crime is stopped before it happens
abettor
One who with a recural intent encourages, promotes, instigates or standby to assist the perpetrator of the crime.
Accessory before the fact
One who abets a crime but is not present when the crime is committed. Aware that the person is going to commit the crime.
Accessory after-the-fact
One who knows a crime has been committed, receives, relieves assist the perpetrator to hinder apprehension or conviction
MensRea
Guilty mind, intent to commit harm that was intended
- specific intent: crime happens
- General intent: intent for one crime to happen and another occurs
Misdemeanor
A crime punishable by a year or less in county jail
Felony
A crime punishable by more than a year in a state prison
Mala in Se
Crimes are wrong in of themselves (wrong everywhere)
mala prohibita
Crimes just because we say they’re wrong (speeding)
Defenses to criminal responsibility
Age , self defense , necessity , defense of property , statue of limitations , mistake , involuntary act , duress , entrapment , insanity defense
M’Naughten Rule (1843)
Sr. Robert Peel , prime minister of England. In his defense , he successfully argued that he didn’t know what he did was wrong at the time.
Substance capacity (WHAT IL CURRENTLY USES)
Persons inability to understand wrongfulness of act or to conform to the requirements of the law.
*adds behavioral component , unlike M’Naughten
Durham rule (1954)
- if he/she suffers from a diseased or defective mental condition at the time if the unlawful act
- john hianackey jr shot Ronald ragen , found not guilty
Guilty but mentally III
You find them guilty of crime , you get sent to prison but have to get psychiatric help
Statue of limitations
Certain amount of time you have to be convicted of a crime , traditionally about 7 years. * does not include murder & rape
Mistake
Mistake of a fact , you have to argue you did not know that what you did was criminal
* example : grabbing backpack by mistake but returning it
Involuntary act
Involuntary intoxication ; if someone else drugs you and you commit a crime
Duress
You committed a harm because you are being forced to. You can only use duress if the crime is less than what you are being forced to do
Entrapment
The inducement of an individual to commit a crime , not contemplated by him or her , undertaken for the sole purpose of instituting a criminal prosecution against the individual
- example - if “police” offers to sell you weed and you accept then that is entrapment , because you were not already planning to do it.
- if YOU present the crime , it is not entrapment
Age
Under the traditional common law you are an adult at the age of 14. Between the ages of 7 & 13 if they can show that you knew the difference between right and wrong then you are an adult.
- MO & IL is 17
Self defense
In fear of death or injury unable to escape , and did not initiate the aggression , the force must also be reasonable under circumstances.
- example - rape or theft
Necessity
Committing a harm in order to prevent a greater harm from occurring
- example - Queen v. Dudley & Stevens (1884)
Defense of property
You are able to use a limited amount of force in defense of a property
* example - someone breaking into your car , you can run over and push them.
Classical criminology
Beccaria & Bentham
Beccaria (from Italy)
Essays on crime & punishment. First secular explanation of a crime , non-religious reason for committing a crime. He says people commit crime because of free will
Bentham
Hedonistic calculus - quantifying pleasure , pain principles. Panopticon * whole concept behind classical criminology is deterinst , we want to prevent people from committing crimes
Positivist criminology
Lombroso - born criminal , insane criminal & criminaloid
Lombroso
He was a trained physician/Medical doctor. Came up with 3 categories. He thinks there is a biological reason for crime. Works for prison & military * first person to apply the scientific method to the study of crime
Born criminal
They are a lower form of human , not fully evolved. Looks at their physical features - skull larger or smaller than normal , droopy eyelids , small or big ears , sunk in eyes
Insane criminal
People entirely without responsibility for their criminal actions because they are mental
Criminaloid
Milder type of born criminal , abitial criminal : went to prison early in life (alcoholics)
