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
Q

Propositions:

A

A statement that links two or more concepts

26
Q

5 components of Theory:

A
  1. Assumptions
  2. Level of analysis
  3. Scope
  4. Theoretical constructs
  5. Theoretical structures
27
Q

Two levels of analysis

A

Micro an Macro analysis

28
Q

Micro analysis

A

Seeks to explain behavior of individuals

29
Q

Macro analysis

A

Seeks to explain social structure and its effects

30
Q

Four conditions of Good Theory

A
  1. Explanitory Power
  2. Testablity
  3. Simplicity
  4. Policy relevance
31
Q

Pre-Classical View of Crime

A

Caused by supernatural forces (the devil made me do it)

Led to harsh sanctions for wrong doers

32
Q

Pre Classical Criminal Law:

A
  • Despotism and Absolutism (Holy Inquisition)
  • Retribution (blood feuding)
  • Sentences (arbitrary, inconsistent and cruel)
  • Punishment (cruel and unusual)
33
Q

Emergence of classical thinkers brought by

A

Age of enlightenment: cultural revolution promoted new ideas and values concerning scientific, economic and political debates. Equality and human rights

34
Q

Classical theory lasted from

A

1700’s until late 1800’s as a reaction to the harsh arbitrary nature of legal system.

35
Q

Social contract theorist

A

Thomas Hobbes - you give away some of your rights in exchange for protection from the state

36
Q

Father of Classical Criminology:

A

Cesare Beccaria

37
Q

Assumption of human nature:

A
  • humans are hedonistic
  • they have free will
  • behavior is result of risk/reward analysis
38
Q

Beccaria’s view on punishment

A
  1. Must be swift
  2. Must be known
  3. Must be sever
  4. Must be certain
39
Q

Beccaria’s view on laws:

A
  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
Q

What are the limitations of the Classical thought?

A
  1. Criminals are equally motivated to commit crimes

2. Focuses on crime and not the criminals

41
Q

Positive School Theory

A
  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
Q

Cesare Lombroso on Criminal Man

A
  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
Q

Atavistic

A

primal or ape like

44
Q

Born Criminals:

A

make up 1/3 of all criminals
have large jaws, cheekbones, strong canines, protruding lips
resembled a cave man

45
Q

Lombroso’s types of criminals

A
  1. Criminaloids
  2. Insane Criminals
  3. Occasional Criminals
  4. Passionate
46
Q

Determinism

A
Hard: wholly determined by external factors
Soft: all events including human action have causes
Internal Determinism (Dispositional Psychology): caused by internal characteristics
47
Q

William Sheldon’s Somatype Theory

A

Ectomorph: Quiet, restrained, sensible
Endomorph: relaxed, tolerant
Mesomorph: agressive, active, combative

48
Q

XXY Super Male Criminal

A

Some males receive extra Y chromosome - extra maleness should cause increased criminality

49
Q

Modern Biological Theories:

A
  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
Q

Modern Biological Theory believed that behavior is not inherited but __

A

traits that influence how an individual responds may be. Traits + Environmental Factors = Criminal Behavior

51
Q

2 Reasons to examine biological factors:

A
  1. Factors can interact with social environment

2. Indvidual traits may influence the social environment

52
Q

Biological Theories can be classified into 3

A
  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
Q

Genetic “Crime is inherited Studies:

A
  1. Twin

2. Adoption

54
Q

Biological Harms

A
  1. mother’s poor health during pregnancy
  2. delivery complications
  3. exposure to toxic substances (i.e. lead)
  4. head injury
55
Q

Central and Autonomic Nervous System

A

Central: controls brain and spinal cord
Autonomic: controls hear rate, gland secretion and emotional reaction

56
Q

Personality Theory

A

personality = genotype + environment