Exam 1 Flashcards
norm
rule that makes clear what behavior is appropriate/expected
deviance
violation of a norm, no behavior is inherently different
social norm
specifies how people are expected to behave
formal social norms
legal norms, formally written, forbid theft and assault
mala in se
morally wrong (murder)
mala prohibita
acts that are criminal because they are prohibited by law
consensus perspective
says criminals are individuals whose behavior expresses values/beliefs at odd with those of mainstream society
conflict perspective
views crime as one outcome of a struggle among different groups competing for resources in society
sanctions
prescribed consequences intended to reinforce behavior to norms. Can be positive (rewarding) or negative (punishing)
probation
most common sanction alt. to jail/prison, under supervision
parole
early release based on compliance with standards while free
victim advocate
assist victims with aspects of post victimization period
criminal justice funnel
large sum arrested many fewer=trial or are sentenced
due process model
emphasizes individual rights “better to let guilty go free than convict the innocent”
uniform crime report
law enforcement agencies file reports with the FBI telling them about crime
dark figure of crime
unreported crimes
national crime victimization survey
survey Americans to see crimes they’ve been victims of, helps with dfoc, doesn’t include victimless crimes, homicide, people=underrepresented, not very accurate
homicide
all have same actus reus, different mens rea, occurs when someone unjustifiably causes the death of another human being
first-degree murder
offender planned to kill victim at least a short time in advance but did so purposely
second-degree murder
intentional and not planned ahead of time
felony murder
type of first degree, happens when death occurs during commition of a felony may or may not be intentional
manslaughter
less severe penalty, killing in which the offender is less blame worthy
voluntary manslaughter
offender provoked/loses control kills in heat of passion
involuntary manslaughter
killing resulting from offenders careless actions
depraved heart murder
participating in dangerous reckless act without considering consequences
multiple murder
perpetrator kills many victims
mass murder
multiple murders that occur at one place and time
serial murder
killing of three or more people over an extended period
spree murder
victims killed within fairly narrow time span
aggravated assault
attacking someone with intent to commit another felony, or using a deadly weapon
assault
to threaten/put someone in fear of offensive contact
battery
physical act that results in the offensive contact
robbery
violent crime, larceny tied w assualt
burglary
entering with intent to steal, property crime (force/no force) more common than motor vehicle theft
larceny
theft, taking property with intent to keep it (least harmful, most common index 1 offense)
classical school Jeremy Bentham
people make choice to choose criminal path, weigh benefits/consequences
neoclassical school
people responsible for their actions, punishment can prevent crime
positivist school
replaced classical school with determinism: idea that criminal behavior is a product of biological, psychological, and social forces beyond ones control
cesare lombroso
father of modern criminology, atavism: criminals were primitive, subhuman, biological throwbacks characterized by certain “inferior” identifiable physical and mental traits
neurobiological factors of brain function
injury, disease, influence, genetics
Id
no system of morals or values, maximize pleasure, minimize pain
ego
role of balancing, tries to satisfy id by bringing individual pleasure within accepted norms of society
superego
sometimes unreasonable, regulates behavior
strain theory
extraordinary pressures make a person more likely to commit a crime, anomie can contribute to strain
social control theory
focuses primarily on belief systems that hold people to society’s standards by putting limits on their actions
containment theory
argues that some behaviors that keep behavior in check are personal (self control, conscience, responsibility)
social bond theory
focuses of four facets of social bond people have with society: attachment, commitment, involvement, belief
social conflict theory
criminal behavior is the product of the conflict between the wealthy and powerful on the one hand and the poor and powerless on the other
cultural deviance theory
social traditions with which people live and the subculture with which they identify contribute to the values that guide their behaviors
social disorganization theory
society doesn’t have sufficient things
subculture
group that has some of the same mainstream norms and values but in addition to others not held by society at large
obtrusive vulnerabilities
those visible, obvious, and recognizable ex: drunk person
unobtrusive vulnerabilities
not easily observed
recidivisit victims
those w high levels of both vulnerablities that are vitcimized repeatedly
routine activities theory
views victimization as the result of an individuals daily routine activities, offenders learn to recognize these patterns
rule of law
no person above the law, none can be punished unless a law has made it specifically prohibited
hammurabi’s code
second earliest known record of written laws, established high standards of behavior
common law system
consistent set of rules, relies on judges interpretations of previous cases, originated in england
constitution
specifies the components of a government, duties of each component, and limits of their power
statutes
written laws enacted by legislatures, or by the citizens themselves through a voting process
ordinances
laws enacted by local gov’s such as citites/countries
case law
consists of decisions that judges have made in court cases
administrative agencies
can create rules and regulate law
international law
rules or customs established by a treaty between nations
civill law
brought by a person (divorce)
criminal law
brought by government (pulled over for speeding)
felonies
most serious criminal offenses
misdemeanors
criminal defense punishable by fine
infractions
minor violations
corpus deliciti
proof that a crime has been committed, prosecutor must
actus reus
act that makes a specific act a crime
mens rea
defendant’s metal state
wobblers
crimes that may be charged as midemeanors or felonies.
inchoate offenses
attempted but not completed. attempt, solicitation, conspiracy
mistake
mistaken about a fact, not if they were mistaken about a law
duress
being coerced into committing a crime, not a defense for murder, can’t chose life over anothers
necessity
must demonstrate that he or she had to commit the crime in order to avoid more severe consequence
self defense (limited defense)
- action against threat must be necessary 2. must be proportionate to the threat 3. threat must be immediate
entrapment
induced to commit crime one usually wouldn’t otherwise
M’Naughten rule
was defendant able to know what they were doing or to distinguish right from wrong
insanity
defendant admits crime but claims to not be capable due to mental illness
infancy
sometimes protects very youn offenders
consent
victim gave defendant permission
