John Hagan Flashcards
JOHN HAGAN
contemporary
DICHOTOMY OF A CRIME
What are the two perspectives?
Law & Morality
1- not be used to control morality
someone injured not moral issue.
2- should be used to enforce morality
because private action could have public consequences.
drunk driver used for two perspectives
true
demographic changes (rural vs urban)
brought DUI into law
DUI issue is moral & public nuisance
true
marijuana prohibition
marijuana users have sex & will have sex with whites (moral issue) nobody harmed
dichotomy whether or not law is universally moral or immoral and/or legal or illegal.
true
morals are not universally agreed upon
true
law does not represent a universal consensus but law is used to force interests to subordinate class.
Influential people (dominant class) use the law to impose their values on lower class people
true
buss, fountain, counter seating (racist laws)
true
hate crimes (racist lost control of country)
true
people against racist (made laws to oppose racism
true
people in power get to decide what is criminal or not
true
a lot of problems with victimless crimes
true
crimes where nobody was harmed
who is going to report?
victimless crimes with beneficiaries
who is going to report?
whose going to report crime?
eg “king hall dealer”
victimless crimes:
artificially inflates costs; enables organized crime groups to monopolize
true
risk & management increases cost
true
artificially inflated because its illegal
true
can’t go to court or use legal system
true, must take law into their own hands
illegal issues need to be handled otherwise
true
As a result of artificially inflated costs; people have to commit further crime to pay for illegal substance
true, petty theft, property crimes
creating crime with laws that make drugs illegal
true
4 The criminalization of victimless crimes increases the association of non-violent & violent criminals
victimless crime offender & violent offenders go to same institutions. society then gets hardened criminals.
Is defining crime a step towards sometimes controlling it?
yes
what is meant by liable prosecution
that the law exists to which prosecution and punishment is prescribed.
the mere existence of a law instructs what?
how citizens should behave
who are the 20th century phil of morality vs enforcers
Hart and Devlin; 18c James Fitzjames & John Stuart
what is the only good reason to use “power” over an individual?
to prevent harm to others.
Mr. Mill believed law is a proper instrument to regulate morals.
No
Mills believed laws are only to be used for what?
To prevent harm to others.
Devlin was contrary to Mills?
yes
laws are a result of social order that resolves and prevents disputes - are these the origins of law?
yes
what is “laws product of consensus?”
natural rules that arise in a society of human.
what is “law product of conflict?”
laws that are established based on morality issues.
what is the second dimension
the thin line that exists between private and public morality issues.
is it said that laws used for moral issues are highly ineffective?
yes
what corrupts the controllers
victimless crimes that are reported.
what is the only way to respond to crimes of variability?
to conceptualize that crime is a specific instance of a broader range of deviant behavior.
Summer, Sutherland, Cressey believe law is an effective tool when it comes to morality?
yes
undercover officer could sometimes become sympathetic with criminals
true
undercover cons: line their pockets and ?
commit the crimes themselves
LA Impact unit Capt.
lined his pockets
undercover officers sometimes induce criminal activity
true, entrapment
