Quiz 2 Flashcards
Social definition of Crime
Behavior that violates social norms or mores in society
notes: (problem) varies, very subjective, changes, very broad
ex. gambling, drinking
Legal definition of Crime
It has to be an intentional violation of the criminal or penal code
It has to be committed without defense or excuse
It has to be penalized by the state
notes: (problem) non-enforcement issues, over/under criminalization, narrower (less ambiguous)
ex. murder, armed robbery
What are the 7 Elements of Crime
Harm
Legality
Actus Reus
Mens Rea
Causation
Concurrence
Punishment
Harm
External consequence (physical or verbal). *victim
Legality
legally forbidden harm, law can’t be retroactive
Actus Reus
Criminal conduct; intentional reckless action/inaction -causes harm
Mens Rea
Criminal intent or a guilty state of mind
Causation
Casual relationship between harm and Actus Reus (direct)
Concurrence
Actus Reus and Mens Rea are happening at the same time)
Punishment
There has to be a punisment
Reasons for diminished or no capacity for Mens Rea
Acted under Duress
Underage
Insanity
Self Defense
Entrapment
Acted out of Necessity
Acted under Duress
“Gun to the head crimes”. The burden of proof is on the defendant
Underage
Under the age of 7 years old
7-18 years old - reduced Mens Rea
Insanity
Legal Definition
- defendant didn’t know they were doing it
- defendant didn’t know the act was wrong
burden of proof is on defendant
Self Defense
You can defend against violent crimes, not property.
Entrapment
Police officer undercover
*Give opportunity
*Can’t force/instigate crime
Acted out of Necessity
Poverty does not count
Trespassing for protesting racial killing
Mala in se
Crime that is always a crime; universal, timeless
What percent of Crimes are
violent crimes
property/public order crimes
10-15% –> Violent Crimes
85-95% –> Property/Public order crimes
crime rate
a measure of the incidence of crime expressed as the number of crimes per unit of population/other basis
status offense
an act that is illegal for a minor, but not an adult (buying alcohol)
NIBRS
the national incidence based reporting system. created to study + recommend ways to improve quality of info contained in the UCR
NOTES
Study Chapter 2 Notes
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