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TEXT BOOK INFORMAL SANCTION- SOCIAL NORMS THAT ARE ENFORCED THROUGH THE SOCIAL FORCES OF THE FAMILY, SCHOOL, GOVERNMENT, AND RELIGIONFORMAL SANCTION- SOCIAL ORDER AND THE COMMON WELFARE ARE PROMOTED THROUGH USE OF LAWS FOUND WITHIN THE CRIMINAL JUSTICE SYSTEMCRIMINAL JUSTICE SYSTEM- BASED ON THE ENFORCEDMENT OF OBEDIENCE TO LAWS BY THE POLICE, THE COURTS, AND CORRETIONAL INSTITUTIONS.THE NEW GOVERNMENT DEFINED IN THE CONSTITUTION CONSISTS OF THREE INDEPENDENT BRANCHES: THE EXECUTIVE, THE LEGISLATIVE, AND THE JUDICIAL. THE CONSTITUION DIVIDES POWER AMONG THESE THREE BRANCHES OF GOVERNMENT AND PROVIDES CHECKS AND BALANCES. THREE MAIN AGENCIES IN THE CRIMINAL JUSTICE SYSTEM: 1 THE POLICE2 THE COURTS3 THE PROBATION AND PAROLE AGENCIES, AND THE JAILS, PRISONS, AND OTHERCORRECTIONAL AGENCIES.PICKET FENCE MODEL- AN ANALOGY FOR THE CRIMINAL JUSTICE SYSTEM. HORIZONTAL BOARDS IN THE FENCE REPRESENT THE LOCAL, STATE, AND FEDERAL GOVERNMENTS AND THE VERTICAL BOARDS REPRESENT THE VARIOUSFUNCTIONS WITHIN THE CRIMINAL JUSTICE SYSTEM, SUCH AS LAW ENFORCEMENT, COURTS, AND CORRECTIONS. CRIME CONTROL MODEL- THE PRESERVATION OF CITIZENS’ INDIVIDUAL RIGHTS MUST BE BALANCED AGAINST THE NECESSITY TO ENFORCE LAWS AND MAINTAIN SOCIAL ORDER. THE PERIOD OF SOCIAL UNREST, DURING NIXONS TIME, MANY PEOPLE WERE RECEPTIVE TO THE PROMISE OF CRIME CONTROL, COMMUNITY SAFETY, AND SWIFT—PREFERABLY HARSH—JUSTICE FOR THE OFFENDER. THEORIES- PURPOSE IS NOT TO PREDICT WHAT A SPECIFIC INDIVIDUAL WILL DO IN A SPECIFIC CASE, RATHER ATTEMPT TO DEFINE GENERAL PRINCIPLES THAT WILL APPLY IN A NUMBER OF SIMILAR CASES, BUT NOT NECESSARILY IN ALL CASES. BECACARIA AND CLASSICAL THEORY- FOUNDER OF CLASSICAL CRIMINOLOGY BECAUSE HIS THEORIES ABOUT CRIME MARKED THE BEGINNING OF A NEW APPROACH TO CRIMINOLOGICAL THOUGHT THAT WOULD EVENTUALLY LEAD TOMODERN THEORIES. HE COMPOSED A SINGLE VOLUME ADDRESSING HIS CONCERNS ABOUT THE CRIMINAL JUSTICE SYSTEM OF ITALY. HIS WORK WAS A REVOLUTION IN THE PHILOSOPHY OF CRIMINAL JUSTICE. SUMMARIZED THE CONCEPT OF THE CRIMINAL JUSTICE SYSTEM AS A SOCIAL CONTRACT BASED ON LOGIC, GOAL ORIENTATION, AND HUMANISTIC PRINCIPLES. THE PAIN PLEASEURE PRINICPLE.BENTHAM AND NEOCLASSICAL THEORY- CREDITED WITH THE FORMATION OF THE NEOCLASSICAL SCHOOL OF CRIMINOLOGY, WHICH IS SIMILAR TO THE CLASSICAL SCHOOL IN THAT THE BASIC FOUNDATION IS THE CONCEPT THAT CRIMINAL BEHAVIOR IS A MATTER OF FREE WILL AND THE CHOICE TO COMMIT CRIMINAL BEHAVIOR CAN BE DETERRED BY PAIN AND PUNISHMENT. DIFFERENCES – BENTHAM BELEIVED THAT BECCARIA’S UNWAVERING ACCOUNTABILITY OF ALL OFFENDERS WAS TOO HARSH. BENTHAM BELIEVED IN MITIGATING CIRCUMSTANCES. DO YOU HOLD CHILDREN AT THE SAME ACCOUNTABILITY AS ADULTS?LOMBROSO AND CRIMINALITY- BELIEVED CRIMINAL BEHAVIOR WAS A CHARACTERISTIC OF HUMANS WHO FAILED TO FULLY DEVELOP FROM THEIR PRIMITIVE ORIGINS, SUCH THAT CRIMINALS WERE CLOSER TO APES THAN TO CONTEMPORARY HUMANS. ZONE THEORY- DEVELOPED BY PARK AND BURGESS, SOCIAL ENVIRONMENTS BASED ON STATUS DISADVANTAGES—SUCH AS POVERTY, ILLITERACY, LACK OF SCHOOLING, UNEMPLOYMENT, AND ILLEGITIMACY—ARE POWERFUL FORCES THAT INFLUENCE HUMAN INTERACTIONS. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)- FOUNDED ON THE THEORY THAT CRIME PREVENTION IS RELATED TO ENVIRONMENTAL DESIGN, PARTICULARLY HOUSING DESIGN. DEMOGRAPHICS OF CRIMIINAL VICTIMIZATION- BETWEEN THE AGES OF 12-24- GREATEST CHANCE- MEN VICTIMIZED AT HIGHER RATES- FEMALES BY SOMEONE THEY KNOW- MALES BY ANYONE (KNOWN OR STRANGER)- VIOLENT VICTIMIZATION OF WOMAN- REPEITIVE OVER PERIOD OF TIME- WOMEN CONVICTED USUALLY BC THEY USE VIOLENCE AS SELF DEFENSE- BLACK VICTIMS OF VIOLENCE, ROBBERY, ASSAULT- NATIVE AMERICANS HIGHER THAN ANY RACEVICTIM-PRECIPITATION THEORIES- BASED ON THE CONCEPT THAT VICTIMS THEMSELVES PRECIPITATE, CONTRIBUTE TO, PROVOKE, OR ACTUALLY CAUSE THE OUTCOME. ASSUME THAT SOME CRIMES, ESPECIALLY VIOLENT CRIMES, AREINTERACTIONS, OR TRANSACTIONS, BETWEEN VICTIMS AND OFFENDERS. VICTIM OFTEN INFLUENCES HIS OR HER OWN CRIMINAL VICTIMIZATION. CIVIL REMEDIES FOR VICTIMS- BECAUSE COMPENSATION AND RESITUTION HAVE LIMITATIONS, CRIME VICTIMS ARE INCREASINGLY RELYING ON CIVIL LITIGATION AS ANOTHER WAY TO HELP THEM RECOVER FROM THE HARMS CAUSED BY CRIME. VICTIMS HAVE CIVIL REMEDIES—CIVIL COURT PROCESS TO RECOVER FROM THE PSYCHOLOGICAL, FINANCIAL, EMOTIONAL, AND PHYSICAL HARMS OF CRIME. UNIFORM CRIME REPORT (UCR)- CRIME DATA COLLECTED BY THE FBI. BECOME USEFUL AS DATABASES FOR EXAMINING CRIME TRENDS. THESE DATA HAVE NUMBEROUS PURPOSES: AS A MEASURE OF CRIME RATES, AS A FACTOR IN INDEXES CALCULATING THE QUALITY OF LIFE IN U.S. CITIES, AND A FACTOR IN POLICY DECISIONS. NATIONAL CRIME VICTIMIZATION SURVEY (NCVS)- DOES NOT PROVIDE IMPORTANT DATA NOT GATHERED BY THE UNIFORM CRIME REPORT, BUT IT ALSO HAS DEFICIENCES. DEPENDS ON SELF-REPORTED DATA BY THE VICTIM, WHICH MAY BE INACCURATE. FIVE REASONS FOR THE ESTABLISHMENT OF LAWS- 1 TO FORBID AND PREVENT CONDUCT THAT UNJUSTIFIABLY AND INEXCUSABLY INFLICTS OR THREATENS SUBSTANTIAL HARM TO INDIVIDUAL OR PUBLIC INTERSTS2 TO SUBJECT TO PUBLIC CONTROL PERSONS WHOSE CONDUCT INDICATES THATTHEY ARE DISPOSED TO COMMIT CRIMES3 TO SAFEGUARD CONDUCT THAT IS WITHOUT FAULT FROM CONDEMNATION ASCRIMINAL4 TO GIVE FAIR WARNING OF THE NATURE OF THE CONDUCT DECLARED TO CONSTITUTE AN OFFENSE5 TO DIFFERENTIATE ON REASONABLE GROUNDS BETWEEN SERIOUS AND MINOR OFFENSES. MALA IN SE- PROHIBITIONS AGAINST MURDER, RAPE, ROBBERY, AND ARSON AREACTS THAT ARE PROHIBITED BECAUSE THEY ARE CONSIDERED HARMFUL IN THEMSELVES. MALA PROHIBITA- PARKING REGULATIONS, MINIMUM DRINKING-AGE LIMITS, AND VARIOUS LICENSING REGULATIONS ARE ACTS THAT VIOLATE SUCH REGULATIONS ARE PROHIBITED ONLY BECAUSE OF THE LAW AND NOT BECAUSE THEY ARE NECESSARILY HARMFUL OR INHERENTLY EVIL. FELONY- SERIOUS CRIMINAL CONDUCTMISDEMEANOR- LESS- SERIOUS CRIMINAL CONDUCT DIFFERENCE- DEFINED BY THE AMOUNT OF TIME IN PRISON OR JAIL THAT THE OFFENDER CAN RECEIVE AS PUNISHMENT FOR VIOLATION OF A STATUTE. VIOLATIONS- COMMONLY REGULATE TRAFFIC OFFENSES. LESS THAN A MISDEMEANOR AND MIGHT CARRY THE PUNISHMENT OF ONLY A FINE OR SUSPENSION OF PRIVELEGE, SUCH AS LOSING ONE’S DRIVERS LICENSE TEMPORARILY. SEVEN BENCHMARKS ARE USED TO ASSESS THE LEGALITY OF CRIMINAL LAWS1- PRINCIPLE OF LEGALITY2- EX POST FACTO LAWS3- DUE PROCESS4- VOID FOR VAGUENESS5- RIGHT TO PRIVACY6- VOID FOR OVERBREADTH7- CRUEL AND UNUSUAL PUNISHMENTTHREE COMMON INCHOATE OFFENSES ARE:1-


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SC CRJU 101 - TEXT BOOK

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