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Criminology > Quiz 1 2-17-2016 > Flashcards

Quiz 1 2-17-2016 Flashcards

1
Q

Crime

A
  1. legal and non-legal violations

2. cross-cultural definitions (jay walking)

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2
Q

Mala in Se

A

Wrong in gut (morally wrong)

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3
Q

Mala Prohibita

A

Legally forbidden

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4
Q

Newman’s Study 9 activities that are criminal or deviant

A

Robbery, appropriation of public funds, environmental pollution, incest, taking drugs, not helping a person in danger, homosexuality, abortion, protesting publicly against government

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5
Q

Types of Crimes (5)

A
  1. against persons
  2. against property or habitation
  3. against public morality
  4. against public order (victimless)
  5. against justice& public administration
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6
Q

Four actions which must occur in order to prove a person committed a crime:

A
  1. act is committed
  2. legally forbidden
  3. intentional behavior
  4. sanity of the individual
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7
Q

Four types of intent:

A
  1. General intent
  2. Specific intent
  3. Transferred intent
  4. Constructive intent
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8
Q

What is general intent?

A

Criminal liability when the defendant did not intend to bring about particular result

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9
Q

What is specific intent?

A

Must have the commission of a particular act in mind when committing crime (i.e.: burglary)

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10
Q

What is transferred intent?

A

intent to harm one victim but harms another in the act

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11
Q

What is constructive intent?

A

Negligent or reckless behavior

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12
Q

8 possible defenses / excuses to show no criminal intent:

A
  1. ignorance or mistake
  2. age
  3. intoxication (drugs/alcohol)
  4. Duress or coercion
  5. Necessity
  6. Self defense
  7. Entrapment
  8. Insanity
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13
Q

Ignorance or mistake defense:

A

Only if government fails to make a law public or if a person does not reasonably know goods were stolen (i.e.: sticker on back window of car)

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14
Q

Age defense:

A

Generally under 7 years old incapable of formulating criminal intent.
From 7-14 must show they knew right from wrong.
Over 14 presumed to be capable of formulating intent

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15
Q

Intoxication defense:

A

Involuntary can be an excuse (mistake, force, duress)

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16
Q

Duress or coercion defense:

A

A threat of death of other serious crime may excuse criminal act (i.e. bank employee’s family is kidnapped so they open the vault)

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17
Q

Necessity defense

A

Applicable only for the lesser evil to avoid greater evil caused by natural forces (i.e. stole car to escape forest fire)

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18
Q

Self defense

A

Only necessary and reasonable force may be used.
Must be in imminent and immediate danger to death or bodily harm
Must show person could not avoid the danger

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19
Q

Entrapment defense

A

By agents of the state is a defense if a person is tricked into or persuaded to commit a crime

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20
Q

Insanity defense

A

May be used when a person lacks the ability to control his or herself because of mental disease or defect

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21
Q

Define Felony

A

A serious offense punishable by death or imprisonment greater than one year in a federal facility

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22
Q

Define Misdemeanor:

A

A less serious act that is punishable by a fine or imprisonment for less than a year, usually in jail

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23
Q

A theory is made up of

A

interrelated propositions designed to explain certain phenomena/concepts

24
Q

Concept:

A

abstractions or ideas based on several direct observable acts and used to compose a theory

25
Propositions:
A statement that links two or more concepts
26
5 components of Theory:
1. Assumptions 2. Level of analysis 3. Scope 4. Theoretical constructs 5. Theoretical structures
27
Two levels of analysis
Micro an Macro analysis
28
Micro analysis
Seeks to explain behavior of individuals
29
Macro analysis
Seeks to explain social structure and its effects
30
Four conditions of Good Theory
1. Explanitory Power 2. Testablity 3. Simplicity 4. Policy relevance
31
Pre-Classical View of Crime
Caused by supernatural forces (the devil made me do it) | Led to harsh sanctions for wrong doers
32
Pre Classical Criminal Law:
- Despotism and Absolutism (Holy Inquisition) - Retribution (blood feuding) - Sentences (arbitrary, inconsistent and cruel) - Punishment (cruel and unusual)
33
Emergence of classical thinkers brought by
Age of enlightenment: cultural revolution promoted new ideas and values concerning scientific, economic and political debates. Equality and human rights
34
Classical theory lasted from
1700's until late 1800's as a reaction to the harsh arbitrary nature of legal system.
35
Social contract theorist
Thomas Hobbes - you give away some of your rights in exchange for protection from the state
36
Father of Classical Criminology:
Cesare Beccaria
37
Assumption of human nature:
- humans are hedonistic - they have free will - behavior is result of risk/reward analysis
38
Beccaria's view on punishment
1. Must be swift 2. Must be known 3. Must be sever 4. Must be certain
39
Beccaria's view on laws:
1. necessary to maintain social contract 2. Only legislatures should make laws 3. Judges should only have power to interpret laws 4. Laws should apply equally regardless of status 5. Laws should be clear and simple
40
What are the limitations of the Classical thought?
1. Criminals are equally motivated to commit crimes | 2. Focuses on crime and not the criminals
41
Positive School Theory
1. must be based upon observable scientific fact 2. Humans do not have free will 3. Criminal behavior is predetermined 4. Attention was drawn to criminal personality vs. act 5. Only criminals that were incapable of reformation were to be eliminated 6. Judges should not consider the law but the circumstantial conditions of the accused
42
Cesare Lombroso on Criminal Man
1. laid foundation for positivist school of criminology 2. argued criminals were not normal and biologically different 3. believed that criminals represented certain physical types 4. believed crime is due to forces beyond an individual's control
43
Atavistic
primal or ape like
44
Born Criminals:
make up 1/3 of all criminals have large jaws, cheekbones, strong canines, protruding lips resembled a cave man
45
Lombroso's types of criminals
1. Criminaloids 2. Insane Criminals 3. Occasional Criminals 4. Passionate
46
Determinism
``` Hard: wholly determined by external factors Soft: all events including human action have causes Internal Determinism (Dispositional Psychology): caused by internal characteristics ```
47
William Sheldon's Somatype Theory
Ectomorph: Quiet, restrained, sensible Endomorph: relaxed, tolerant Mesomorph: agressive, active, combative
48
XXY Super Male Criminal
Some males receive extra Y chromosome - extra maleness should cause increased criminality
49
Modern Biological Theories:
1. Focus broader range of factors including genetic inheritance and biological norms 2. Traits do not directly lead to crime but contribute 3. Recognized social environment influences
50
Modern Biological Theory believed that behavior is not inherited but __
traits that influence how an individual responds may be. Traits + Environmental Factors = Criminal Behavior
51
2 Reasons to examine biological factors:
1. Factors can interact with social environment | 2. Indvidual traits may influence the social environment
52
Biological Theories can be classified into 3
1. Those attempt to differentiate among individuals 2. those that attempt to trace the source of differences 3. those that attempt to distinguish among individuals the basis for structural, functional or chemical differnences
53
Genetic "Crime is inherited Studies:
1. Twin | 2. Adoption
54
Biological Harms
1. mother's poor health during pregnancy 2. delivery complications 3. exposure to toxic substances (i.e. lead) 4. head injury
55
Central and Autonomic Nervous System
Central: controls brain and spinal cord Autonomic: controls hear rate, gland secretion and emotional reaction
56
Personality Theory
personality = genotype + environment

Criminology (6 decks)

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