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Criminology
The scientific study of the causes, consequences and trends of crime
Strict legalistic
Behavior that is prohibited by the criminal code and results in conviction
Modified legalistic
Punishable behavior whether or not detected and whether or not the behavior results in conviction
Normative
Violation of conduct norms or values, whether or not they are currently laws
Humanistic
Violations of human rights due to political and economic injustice (racism, sexism, poverty)
Civil (Tort) Law
Concerned with private wrongs for which individual may seek compensation for harm experienced.  Example- Smith v. Jones
Criminal Law
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
Punishment
Fines, probation, incarceration, execution
Substantive Law
Concerned with an individual’s rights, duties, and prohibitions
Procedural Law
Concerned with how substantive laws are administered, enforced, changed, and used by players in the legal system (Don’t deal with us directly).
Statutory Law
Codified system, enacted by Legislation, developed by the Romans.
Common Law
Based on a Judge’s decision (Case Law). Generally associated with the “Common law of England”.
Consensus Perspective
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.
Conflict Perspective
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.
“Mens Rea”-
Guilty Mind
“Actus Rea”-
Guilty Action
Intent/ Culpability
4 Different Types: Intentionally, Knowingly, Recklessly, Negligency
Intentionally
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.
Knowing
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…
Recklessly
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”.)
Negligently
Should have been aware of a substantial risk
The Insanity Plea
Based upon the idea that the criminally insane cannot have” mens rea” (guilty mind)
Demonic Perspective on Punishment
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
Classical School Reform of Punishment
Cesare Baccaria- early Italian legal Scholar. Punishment should be oriented towards the goal of deterring crime.  Inventor of cruel and unusual punishment
Goals of Punishment through CJ System
Deterrence, Incapacitation, Rehabilitation, & Retribution/ "Just Deserts"
Deterrence
Prevention of crime by instilling a fear of punishment in potential offenders
Incapacitation
prevention of crime by physically eliminating capacity for crime, usually through imprisonment
Rehabilitation
Preventing additional criminal behavior by eliminating motivation to offend.
Retribution/ “Just Deserts
Punishment of offenders because they deserve it morally as a consequence of their law violations, regardless of whether crime is reduced.
Crime Control
Punish offenders to control crime (deterrence, incapacitation, etc.)
Due Process
Innocent until proven guilty.

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