Origins of Crime Flashcards
What is the working definition of crime?
5 things…
1) Social set of rules
2) Written code everyone has access too
3) Influenced by people with power
4) Based on either
Historically held morals
The need to protect public safety
Or
Prevailing public sentiments
5) Lawbreaker faces state imposed sanction
What questions must “we” ask in assembling criminal laws?
6 things…
1) Do WE want this illegal
2) Why do WE want this illegal
3) Are WE able and prepared to enforce
4) What punishment is appropriate
5) Are WE able and prepared to punish
6) Can WE draft a law which is understandable
What are the 3 sources of criminal law?
1) Constitutions
2) Statutes
3) Court Cases (Common Law Jurisdictions)
What is common law jurisdiction court cases?
Unwritten laws developed over time though court cases decided by judges.
How do the various jurisdictional constitutions contribute towards laws?
Not a source of substantive law, but rather procedural law.
How do the various jurisdictional statutes contribute towards law?
Primary source of laws
What are the 3 historical balances which propelled criminal law?
1) Government’s interest
2) Citizen’s interest
3) The balance
What is the governments interest in criminal law?
Typically in crime control or public safety
What is the citizens interest in criminal law?
Typically to be free from unwanted intrusions into privacy
What is the balance in criminal law?
Legislatures and courts weigh the interests metaphorically on a larger scale
What are the 3 historical periods of criminal law?
1600s-1791
1791-1960s
1960s-Present
How were laws seen during the 1600s-1791 ear?
Certain rights were “God Given” and the preservation of Judeo-Christian morality vs. Natural Law
What was the punishment for violating law in the 1600-1791 era?
Torture and harsh public punishments
How were laws seen during the 1791-1960 era?
Economic protection for upper class vs. procedural rights
What was the punishment for violating law in the 1791-1960 era?
Prisons and the idea of penance evolved
How are laws seen during the 1960s to present?
Crime control and police power vs. developing substantive rights such as privacy in procreation and marriage choices
What are the punishments for violating law in the 1960s-present?
Prisons and alternative sentences developed and implemented
What is Mala in Se?
Inherently Evil (i.e. murder/rape)
What is Malum Prohibitum?
Bad only because they have been labeled.
These crimes we don’t all agree on and argue (i.e. marijuana and prostitution)
What are the schemes for defining and categorizing crimes?
Mala in Se -Malum Prohibitum Adult - Juvenile Federal - State FBI Index - Non Index White collar, political, street, victimless, and organized Felonies, misdemeanors, and ordinances
