SOCI 304: Exam 1
31 Cards in this Set
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Criminology
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The scientific study of the causes, consequences and trends of crime
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Strict legalistic
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Behavior that is prohibited by the criminal code and results in conviction
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Modified legalistic
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Punishable behavior whether or not detected and whether or not the behavior results in conviction
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Normative
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Violation of conduct norms or values, whether or not they are currently laws
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Humanistic
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Violations of human rights due to political and economic injustice (racism, sexism, poverty)
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Civil (Tort) Law
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Concerned with private wrongs for which individual may seek compensation for harm experienced. Example- Smith v. Jones
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Criminal Law
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Concerned with behaviors previously defined as a criminal act. Criminal acts are regarded as an offense against the “State”, so the state takes action. Example- State of Texas v. Jones
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Punishment
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Fines, probation, incarceration, execution
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Substantive Law
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Concerned with an individual’s rights, duties, and prohibitions
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Procedural Law
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Concerned with how substantive laws are administered, enforced, changed, and used by players in the legal system (Don’t deal with us directly).
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Statutory Law
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Codified system, enacted by Legislation, developed by the Romans.
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Common Law
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Based on a Judge’s decision (Case Law). Generally associated with the “Common law of England”.
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Consensus Perspective
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Law and its enforcement is a product of social needs and values. It operates in the best interest of society and changes as society changes. Everyone ultimately benefits from the structure of the law and the manner in which it is enforced.
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Conflict Perspective
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Law and its enforcement is operating in the interests of the powerful whose desires often conflict with less privileged groups. When elite interests change, so does the law and the manner in which the law is enforced.
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“Mens Rea”-
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Guilty Mind
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“Actus Rea”-
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Guilty Action
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Intent/ Culpability
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4 Different Types: Intentionally, Knowingly, Recklessly, Negligency
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Intentionally
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conscious objective to engage in conduct and desiring the results
Example- Gang members get a gun, drive around, and shoot a member of a different gang.
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Knowing
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Conscious objective to engage in conduct and being aware that the results are practically certain under the circumstances.
Example- gang member sees an opposing gang member, leaves to get gun (but only to scare them with it), accidently shoots them and leaves without checking if they a…
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Recklessly
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Consciously disregarding a substantial risk of the results
Example- Gang member showing fellow gang member his gun, friend wants to see how the gun shoots, points in a random direction and accidently shoots and kills someone. (Less punishment than “knowing”.)
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Negligently
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Should have been aware of a substantial risk
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The Insanity Plea
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Based upon the idea that the criminally insane cannot have” mens rea” (guilty mind)
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Demonic Perspective on Punishment
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Came before a good understanding about the proper reasons for punishment. Offenders were punished to drive away their “evil spirits” and to appease the Gods. Example- Tying a person’s limbs to horses and ripping them apart
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Classical School Reform of Punishment
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Cesare Baccaria- early Italian legal Scholar. Punishment should be oriented towards the goal of deterring crime.
Inventor of cruel and unusual punishment
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Goals of Punishment through CJ System
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Deterrence, Incapacitation, Rehabilitation, & Retribution/ "Just Deserts"
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Deterrence
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Prevention of crime by instilling a fear of punishment in potential offenders
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Incapacitation
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prevention of crime by physically eliminating capacity for crime, usually through imprisonment
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Rehabilitation
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Preventing additional criminal behavior by eliminating motivation to offend.
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Retribution/ “Just Deserts
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Punishment of offenders because they deserve it morally as a consequence of their law violations, regardless of whether crime is reduced.
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Crime Control
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Punish offenders to control crime (deterrence, incapacitation, etc.)
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Due Process
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Innocent until proven guilty.
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