Term
| Emil Durkheim - Macro Normative |
|
Definition
crime is a result of social connections
Anomie: Break down of social norms disconnect with moral authority.
Egoism: Weakness of normative order; Individuals not connected to norms.
Individuals don't matter, we should look at social connections. |
|
|
Term
|
Definition
Routine activities theory
Crime requires:
1. Motivated offender
2. Suitable targets
3. Absence of guardian |
|
|
Term
| Modern Police innovations |
|
Definition
Community policing: more officers on streets
Broken window: zero tolerance
Compstat: Instant feedback + crime analysis
Focus on Drugs / weapons: BAD --> DIverts attention |
|
|
Term
|
Definition
Exclusionary Rule" If govt breaks rules during evidence, search is excluded.
(violation of 4th amendment of the constitution)
EVIDENCE BECOMES INVALID IN COURT |
|
|
Term
|
Definition
- Defense of self or other
- Law enforcement shooting fleeing felon |
|
|
Term
| Explanation for crime rise in late 70's - 90's |
|
Definition
- Baby boomers hitting high crime age--> doesn't account for higher rate unless criminality multiplies
- Political unrest
- Increased drug use and trade
- Increase gun sales --> correction or causation |
|
|
Term
Emil Durheim
(Macro-reactivist) |
|
Definition
Functional perspective: crime serves as porpuse by reinforcing norms
- crime will shift to establish new norms
- society draws boundaries to re-establish norms |
|
|
Term
| Reason for increased incarceration |
|
Definition
- Politicization of criminal sentencing
- Criminalization of substance abuse
- Race and class bias in the justice system
- "Nothing works" rhetoric
- Mandatory minimums, harsher parole requirements |
|
|
Term
|
Definition
| We're transitioning from corporal punishment (body puishment) to non-corporal (soul punishment) |
|
|
Term
| Social cost of incarceration |
|
Definition
- People out of work force
- Stigmatized as criminals
- Lots of minorities in jail |
|
|
Term
|
Definition
| Our label deviant affects self-view --> causes more devience (crime) |
|
|
Term
| Post-conviction procedure |
|
Definition
Sentecing: Determinent / mandatory / guidelines
- Motions for retrial: (If new evidence found)
- Appeal: Based on procedural error
- Hebeas Corpus (release due to unlawful detention) |
|
|
Term
|
Definition
- Heat of passion
- Unreasonable mistake of fact
- Diminished capacity / actuality (Twinkie defence) |
|
|
Term
|
Definition
- Most popular current crim theory
- Difference between criminals and non-criminals is self control
- Impulsive, thrill seeking, shortsighted, intensive, physical (these are shown all the time) |
|
|
Term
|
Definition
| Families are problems by producing criminals because of broader social and economic patterns |
|
|
Term
| Petrial procedure (civil case) |
|
Definition
- Pleading: one side files a complaint
- Service of process: courier notifies respondant about complaint (written form)
- Demurrer motion to dismiss: Judge decides merit
- Discovery:
1. Interogatories: questions to opposing parties
2. Depositions: question witnesses under oath
3. Request for admission: parties concede some facts
- Summary judgement /negotiated settlement/ Jury trial |
|
|
Term
Politically motivated abuse of police power
(examples) |
|
Definition
- Red squads
- FBI vs. MLK, Jean Seberg, John Lennon
- Post 9-11 anti-muslim spying |
|
|
Term
|
Definition
| Proponent of phrenology (brain functions) as cause of criminal behavior |
|
|
Term
| Process of a criminal case |
|
Definition
1. Investigation + arrest
2. Indictment / preliminary hearing
3. pretrial
4. trial
5. post trial (sentencing, appeals, hebeus corpus) |
|
|
Term
|
Definition
- wrote the limits of the criminal sanction 1960
- Key tensions:
1. public safety vs. individual freedom
2. Crime control vs. due process |
|
|
Term
| Alternatives to incarceration |
|
Definition
- Therapeutic Jurisprudence: fix offenders (drug abusers/kids)
- Intermediate sanctions: Probation/surveilance
- Better prison programs (working in farms/mines/etc
- Post prison programs: get them a job and continue monitoring them |
|
|
Term
|
Definition
If an officer can reasonably suspect a crime he is allowed to pat down for weapons
- 4th amendment is not violated if the police searches someone under reasonable suspicion |
|
|
Term
|
Definition
- Speedy, public, jury trial
- right to confront witnesses and know evidence |
|
|
Term
|
Definition
| Stigma creates social identity for the individuals |
|
|
Term
|
Definition
Breakdown of social norms
- individuals disconnected with moral authority |
|
|
Term
|
Definition
PCL- R Sucks!
1. Not all psychopaths are criminals
2. psychopathy isnt unalterable |
|
|
Term
|
Definition
- Reasonable mistake of fact (moose example)
- Coercion (must choose lesser of two evils)
- Infancy (below a certain age there are no crimes) (7yrs)
- Insanity
- Involuntary intoxication
- entrapment (if govt agent persuades you to commit crime) |
|
|
Term
| Importance of measuring crime |
|
Definition
1. Criminology research: determines why crime increases or decreases
2. Evaluate public policy
3. evaluates police effectiveness |
|
|
Term
| Gresham Sykes and David Matza |
|
Definition
- Proposed learning theory known as neutralization
- you become a criminal by learning to neutralize your conscience |
|
|
Term
|
Definition
1. Official records
2. victim surveys
3. Offender surveys |
|
|
Term
|
Definition
- Incapacitazion (positively preventing future offending
- Retribution (acceptable response to crime)
- Deterrence (use of punishment to deter people from offending)
- Rehabilitation |
|
|
Term
|
Definition
Strain theory:
- People commit crimes when success isnt attainable through ligitimate means |
|
|
Term
| Uniform Crime Report (UCR) |
|
Definition
- Published by FBI
- Only reports known crime
- Organized in 2 parts
1. Serious crime (violent): Homicide, rape, robbery
Property crime: Burglary, larceny (stealing), GTA
2. Less serious crime: (victimless) |
|
|
Term
|
Definition
- Weakness of normative order
- Individuals not connected to norms |
|
|
Term
|
Definition
1. Investigation
2. Arrest and booking
3. Arraignment (reading of criminal complaint to inform defendant of charges against him/her), bail and plea
4. Preliminary hearing / indictment
5. pretial motions
6. Plea bargaining |
|
|
Term
|
Definition
Proposes socialization theory known as "differential association"
- Criminals learn to be criminals by hanging out with criminals |
|
|
Term
| Exceptions to the warrant requirements |
|
Definition
- incident to arrest --> can be searched upon arrest for ANY crime
- Consent --> we give up our right to privacy
- Exigent circumstances --> ex. Hot pursuit, public safety
- Automobiles
- Airports / border crossing
- Officer safety (stop and frisk)
- Administrative search --> ex. Impounded car |
|
|
Term
| Causes of low self-control |
|
Definition
- Lack of attachment
- Lack of supervision
- Failure to recognize deviant behavior
- Failure to punish deviant acts
- Parent criminality |
|
|
Term
| Factors contributing to crime drop in the 90's |
|
Definition
- Incarceration
- Drug trade
- Guns
- Policing
- Economics
- Demographics (Roe Vs. Wade)(right of privacy under the due of process law / 14th amendment --> right to abortion) |
|
|
Term
|
Definition
- subcultures pop up that promote theory
- Subculture theory(certain groups or subcultures in society have values and attitudes that are conductive to crime and violence) |
|
|
Term
|
Definition
- Neutral judge
- Must have a probable cause
- Must establish the reliability of evidence |
|
|
Term
| Alternatives to incarceration |
|
Definition
- Prevention efforts: childcare, juvenile intervention --> connects with socialization, opposed by right wing
- Intermediate sanctions: probation / halfway houses
- Surveillance + monitoring via GPS |
|
|
Term
| 4 types of crime theories |
|
Definition
- Micro: individual
- Macro: Societal
- Normative: who violates norms and why
- Reactive: Why criminalize and stigmatize behavior |
|
|
Term
Teremy Bentham
(1748-1832) |
|
Definition
- Proposes rational choice / utilitarian theory
- Classical crime theory: humas are independent and hence crime is commited by them after rationally calculating that commiting the crime gives more pleasure to them than pain/ person should be punished for their actions. |
|
|
Term
|
Definition
People commit crimes because of brain defects
- not universal |
|
|
Term
|
Definition
- Crime as sin (bible)
- Crime as rational calcuation (classical)
- Criminal Proclivity (positivism)
- Lack of self control
- Learning theories / socialization |
|
|
Term
Brown vs. Mississippi
(1936) |
|
Definition
- Black man was tortured until he confessed to a crime he did not commit
- Supreme court held that his treatment violated his 14th and 5th amendment
- Mississippi court said that the 4/5/6th amendment didnt apply to state actions |
|
|
Term
Giddeon Vs. Wainwright
(1963) |
|
Definition
Indigent defendants have a right to free counsel
- Govt is supposed to provide a counsel to defendants who cannot afford one or else they violate the 6th amendment |
|
|
Term
Escobedo vs. Illinois
(1964) |
|
Definition
Right to counsel during interrogation
- If they don't allow an attorney with you while interrogation, that is a violation of the 6th amendment |
|
|
Term
Miranda vs. Arizona
(1966) |
|
Definition
- Must be read right upon arrest and prior to interrogation
- right to remain silent/attorney |
|
|
Term
| Two types of criminal law |
|
Definition
1. Substantive: law of crimes
- What we can't do
- Based mostly on state statues
2. Criminal Procedure
- Rules for prosecuting / collecting evidence
- Based mostly on constitutional laws |
|
|
Term
| Classical theory of crime |
|
Definition
| - We weigh the costs and benefits when committing crime - Crime results from law situational control - When deciding to commit a crime we wigh costs and benefits - To reduce crime we should: 1. Increase punishment 2. Provide better living options |
|
|
Term
|
Definition
Victime-Offender mediation / reconciliation
(rehabilitation) |
|
|
Term
MIchael Gottfredson
Travis Hirsh |
|
Definition
| Come up with the self control theory |
|
|
Term
|
Definition
- Limits polce investigation
- Unreasonable searches and seizures
- if evidence is found under these circumstances, the evidence is not valid. |
|
|
Term
|
Definition
- Right against self-incrimination
- No double jeapordy: cannot trial for the same crime twice
- No coerced confession (confession must be voluntary) |
|
|
Term
|
Definition
- Actus Rea: the criminal act
- Social Harm: the act that you do to do the act
- Mens Rea: Mental state
* Determines existence of crime + extent of culpability
* ex. Intent, knowledge, wantones, recklessness, negligence. |
|
|
Term
|
Definition
Has an ecological /Chicago school theory
- Gang tension creates conflict + crime |
|
|
Term
|
Definition
- no excessive bail / fines
- No cruel or unusual punishment |
|
|
Term
| Problems with classical theory |
|
Definition
- Criminals aren't always rational
- Are they less sensitive to social norms? |
|
|
Term
|
Definition
- Effort to explain crime scientifically
- Criminal propensities are inherited |
|
|
Term
|
Definition
Our genetic make up causes criminality
- Racist, facsit, eugenics, bad science |
|
|
Term
|
Definition
- If a search violates a reasonable expectation of privacy police need a warrant
- telephone monitoring helped the police discover Katz' illegal bookmaking (betting)
- He argues his 4th amendment was violated because the police did not have a warrant and wins the case |
|
|
Term
|
Definition
1960's Warren Court
- Uses 14th amendment to apply 4, 5, 6 amendments to states. |
|
|
Term
|
Definition
- Criminals have an antisocial personalit disorder
* don't conform, deceitful, impulsive, remorseless, aggressive
- Problems: Is this an explanation for crime or description of criminals? |
|
|
Term
|
Definition
Develops PCL-R to identify psycopathy
- test to assess psychopathy |
|
|
Term
|
Definition
- Schizophrenia, delusions, hallucinations
- People have no idea what is going on |
|
|
Term
|
Definition
- Underestimates certain crimes (ex. rape)
- Political manipulation of data
- Focus of police investigations |
|
|
Term
| Fruit of the poisonous tree |
|
Definition
| - Applies exclusionary rule to evidence stemming from illegally obtained evidence |
|
|
Term
| Exclusionary rule exceptions |
|
Definition
Standing to invoke: We nly care about A's rights
* 3rd party violations are chill
- Good faith exception: honest mistakes are OK
- Inevitable discovery: police would've found evidence through other means |
|
|
