FINAL EXAM PT. 1 (up until 2nd midterm) Flashcards
Describe the legalistic perspective on crime
Crime is seen as human conduct that is in violation of the criminal laws of a state or federal government. Shortcoming is that it yields the moral high ground to powerful legislators. By making their own laws, powerful but immoral individuals can escape the label of “criminal”
Describe the political perspective of crime.
The law serves the interest of those in political power and crime is seen as a threat to those in political power. Criminal laws do not necessarily bear notions of right and wrong.
Describe the sociological perspective on crime.
Crime is antisocial behavior that violates both law and human relationships. It is disruptive to society, affects other people’s ability to live in peace and meet their needs, causes misery and suffering. Includes “white collar” and large-scale corporate wrongdoing.
Describe the psychological perspective.
Crime is seen as social maladjustment where the offender can’t live in harmony with his environment. Crime is seen as problematic, maladaptive behavior.
Limitation: who defines what “problematic” is?
Describe the consensus perspective
The consensus perspective is the notion that most memebers of society agree on what is right and wrong. Social institutiohns (church, government agencies, businesses, etc.) work together toward a common vission of a common good. Members of society generally agree that these laws are necessary.
Limitation: unable to participate in otherwise widespread agreement on values and behaviors.
Describe the pluralist perspective.
Society consists of many diverse social groups. Different social groups have their own sets of beliefs, values, and interests. Despite these differences, laws are a useful means of dispute resolution. Peace-keeping tool, designed to be value-neutral.
Legislators, judges, lawyers, and police are assumed to trusteed to be unbiased and maintain a value-free system/laws.
Describe the conflict perspective.
Conflict is seen as a fundamental aspect of social life and can never be fully resolved. Law is seen as a tool of the powerful. Those who control the laws have power and privilege and they strive to maintain that power. Society is made up of diverse groups with differences/distinctions between them. Those with more power have more, and they get to decide what is criminal and what isn’t. Conflict between these groups somtimes results in revolution.
Social Problems Perspective vs. Social Responsibility
The social responsibility perspective is similiar to rational choice theory. It posits that individuals have a choice and can choose to commit crime or not. Individuals are responsible for their own behavior. Proponents of this view believe that punishment and individual rehabilitation is key to responding to crime.
The social problems perspective posits that crime is a manifestation of underlying social problems (poverty, discrimination, pervasive family violence, etc.) and the breakdown of traditional social institutions. They are proponents of a public health model, and government intervention to address root causes of crime.
What is the difference between assault causing bodily harm and aggravated assault? Explain each, which one is the more serious offense, and how they are different.
Assault causing bodily harm is second degree assault and aggravated assault is in the third degree and is called aggravated because it may result in death and causes serious wounding, maiming, or disfigurement. Aggravated assault is more serious because second degree determines the injurty would not result in potential death.
What is first degree murder? What violent acts are included under first degree murder?
First degree murder is culpable homicide that is planned or premeditated with the intent to kill someone. Examples of this include 1) infanticide 2). killing a peace officer 3) serial murder 4) mass murder
What is the difference between first degree, second degree, and manslaughter?
First degree is murder that is premeditated and planned with the intent to kill another human being. Second degree murder is not planned ahead, but still includes the intent to kill; this can occur in a “moment of passion.” Manslaughter does not involve an intent or plan to kill but can be the result of reckless or impaired behavior, such as drinking and driving.
List violent crimes.
Includes physical violence, e.g. murder, attempted murder, assault, sexual assault. Also includes crimes in which the person is physically overpowered, such as a kidnapping, abduction, or robbery.
Includes crimes in which the person feels threateneed and truly believes they could be physically harmed (criminal harassment, uttering threats, etc.)
What is homicide? What is non-culpable homicide?
When a person, directly or indirectly, by any means, causes the death of a human being.
Non-culpable homicide: justifiable or excusable, e.g. police officer kills someone in the line of duty; also includes self-defense, defense of others, defense of property
Define serial murder and mass murder.
Serial murder: involves the illegal killing of several victims in at least three separate events. There is a sequential pattern to it; it doesn’t happen all at once
Mass murder: the illegal killing of 4 or more victims at one location, within the same event.
Define the 3 levels of sexual assault.
Defintion: broader than rape; is violence; lack of consent; doesn’t require penetration
Level 1: sexual assault (violates sexual integrity)
Level 2: causes bodily harm/may involve weapon/may involve threats
Level 3: Aggravated sexual assault - most serious; wounds, maims, disfigures, endangers life)
List and define property crimes.
Property crimes are unlawful acts to gain property, with or without violence.
- Break and Enter (residential, business, other)
- Possession of stolen property
- Theft of motor vehicle
- Theft under $5000, theft over $5000
- Identity fraud, identity theft
- arson
- mischief (vandalism)
List 3 reasons why someone might commit identity fraud.
- Gain advantage for themselves or someone else
- Obtain property, or an interest in a property
- To cause disadvantage to th person being impersonated
- To avoid arrest or prosecution
- or to obstruct or defeat the course of justice
What is identity theft?
Knowingly obtaining or possessing another person’s identity information with the intent to use it to commit an indictable offense that includes fraud, deceit, or falsehood as a component of the offense.
The person is intending to trick or deceive others about who they are to gain an illegal benefit for themselves, or to commit a criminal act.
Describe the contributions of Hobbes, Locke, and Rosseau,
Hobbes: proposed the “social contract.” Give up some of your freedom to receive safety and security from the state. State was required to follow the rules or face punishment from the state.
Locke: behavior shaped by human experiences, we are not “born that way” further developed “social contract” and role of the government.
Rosseau: social contract; natural law (certain laws fundamental to human nature, ascertained through reason vs. human-made law)
Describe the status quo of Becarria’s time and what he did to change this.
The status quo was to torture to get confessions, institutionalized terror, few safeguards for the accused.
- capital punishment vis hanging, burnt stake - death penalty for robbery, burglary and minor offenses
He thought that people broke the law because they thought doing so would advance their own interests (rational self-interest)
Becarria believed that punishment should be swift, certain, proportionate, and seen by the public to deter not just the offender but others as well.
Describe Bentham’s contribution to Classical Theory.
Shared the belief that punishment must be just strong enough to outweigh the pleasure or benefits of the crime. “Make it not worth it to do it.”
Believed that pain and pleasure were primary motivators for people and they would weigh the potential consequences with potential benefits.
For punishment to work, it needs to have swift and certain punishment proportionate to the crime and had the greatest potential to teach the offender and the general public not to commit that crime (now known as principle of “specific” and “general” deterrence)
How does Becarria’s view affect how or court system works today?
- punishment should fit the crime, should be proportional to harm done to society
- extreme, cruel punishment was unjust and a violation of the social contract
- separate the lawmaker from the judges
- open, transparent court process
- jury of peers
- innocent til proven guilty
- role of judge: determine guilt and sentence according to the law. Equality, no favortism.
Explain routine activities theory
- lifestyles of law-abiding people often have a predictable routine.
- motivated offender makes a pre-meditated calculated decision to commit a crime and weights consequences and benefits.
- lack of a capable guardian. “Target hardening” (human secuirty guards, barriers, lights)
- suitable target: unlocked home, commercial property without guards, etc.
Explain situational crime theory
Situational opportunities that make crime easy to commit, plus the rational choice to commit a crime (i.e. shoplifting at a convenience store). Crime occurs more often with certain settings, and at certain times of the day.
1) situation provides an opportunity 2) offender takes advantage and makes a choice to commit the crime.
Explain situational crime prevention
Involves a number of strategies for target hardening; i.e. make the place a less likely target Similar to strategies used in routine activities theory. Change the setting and reduce the crime.
Example: gated community to reduce uninvited access, locked doors, etc.
List 3 limitations of rational choice theories
- little emphasis on other factors: e.g., impaired judgment from substances, strong emotions, or for other reasons
- the ability to think rationally is not consistent from person to person
- moral people have an inner moral compass and don’t offend even when an opportunity is there.