Term
| why has criminal justice become an important field of study? (3) |
|
Definition
1. Deals with important issues
2. interesting to study; especially because media glamorizes it
3. need to have trained and skilled employees that can protect people and their liberties or lives |
|
|
Term
|
Definition
| action taken by group of people that violates the rules of a given society to the point that someone or someone's interest are harmed |
|
|
Term
| what is the sociological imagination? |
|
Definition
| ability to step back from personal life and examine issues apart from social location |
|
|
Term
| who coined the term sociological imagination |
|
Definition
|
|
Term
| why is what people think about crime often based on incomplete an inaccurate information? (5) |
|
Definition
1. We tend to personalize and think that people should care about the same issues as us.
2. the media overpublicizes crime and makes things that happened far away seem like a local danger. example: littleton, colorado school shootings
3. crime stats do not tell the whole story; some people are more vulnerable to crime
4. prejudice can affect thinking
5. Limited idea of dangers: crimes committed by government are not seen as being as serious as street crime. |
|
|
Term
|
Definition
| small-scale personal offenses such as single-victim homicide, rape, robbery, assault, burglary and vandalism |
|
|
Term
| how is street crime usually measured? |
|
Definition
|
|
Term
|
Definition
| offenses committed by the officers of a corporation who use that corporation's business to pursue illegal activity |
|
|
Term
|
Definition
|
|
Term
| what is the period between 1776-1820 called? |
|
Definition
|
|
Term
| What is the period between 1820-1880 called? |
|
Definition
| progressive and scientific |
|
|
Term
| What is the period between 1880-`1950 called? |
|
Definition
|
|
Term
| British origin occurred when? |
|
Definition
|
|
Term
| when was the colonial reform? |
|
Definition
|
|
Term
| when was the progressive and scientific era? |
|
Definition
|
|
Term
| When was industrialization? |
|
Definition
|
|
Term
| the period between 1950-2001 is called? |
|
Definition
|
|
Term
| when was the civil rights movement? |
|
Definition
|
|
Term
| what is the time period between 2001-present called? |
|
Definition
|
|
Term
| when did the homeland security movement start? |
|
Definition
|
|
Term
|
Definition
violates social mores
society disapproves
depends on subculture |
|
|
Term
|
Definition
political process
-manipulation of public perception and response by US
-crime agendas: if politicians are tough on crime and increase security then they get elected |
|
|
Term
| 2 classifications as crime |
|
Definition
|
|
Term
|
Definition
1. street crime
2. corporate/white collar/organize
3. sensational |
|
|
Term
| what is sensational crime? |
|
Definition
offenses that lead to laws being made
made into national issue |
|
|
Term
| what offenses are more often included in measurements of crime? |
|
Definition
|
|
Term
|
Definition
breaking of laws in the lawful pursuit of profit
ex: Ford pinto cars ha issues but didn't want to recall because of money |
|
|
Term
| what is white collar crime? |
|
Definition
employees are harming business
ex: steal money from non-profit organization |
|
|
Term
|
Definition
| individuals working together systematically to break law |
|
|
Term
| What model does the CJ system use? |
|
Definition
|
|
Term
|
Definition
Order is important; therefore criminal justice system needs to be efficient and decisions made by police and prosecutors are generally correct and have all information about crimes so we should trust in them
not all crimes need to send people to court |
|
|
Term
| Order as value model stresses ____ |
|
Definition
| efficiency of criminal justice system |
|
|
Term
|
Definition
-law and adherence to law as value (law = valuable)
-reliability and accuracy of decisions and actions
-adversarial process is important
-decisions are best made in court
-examines mental health when it is obvious that they committed the crime |
|
|
Term
| 2 concepts of jurisdiction |
|
Definition
1. geographical
2. subject |
|
|
Term
| geographical jurisdiction |
|
Definition
which spatial area a CJ has authority in
ex: city of marquette police; city limits |
|
|
Term
|
Definition
certain laws enforced by certain agencies
ex: FBI doesn't respond to domestic abuse issues |
|
|
Term
|
Definition
1. local
2. state
3. federal |
|
|
Term
| where does overlap exist between jurisdictions? |
|
Definition
appeal and oversight functions
if violating multiple laws or crossing state lines |
|
|
Term
|
Definition
most law enforcement authority is local
than 3,000 sheriffs departments in US |
|
|
Term
| mainstream vs crosscurrents |
|
Definition
mainstream: traditional issues an concerns relating to criminal justice
crosscurrents: controversial problems and solutions that run throughout the mainstream criminal justice system |
|
|
Term
| why is what people think about crime based on inaccurate information? (5) |
|
Definition
1. we tend to personalize: we think everyone should care about things that we are passionate about
2. all crime is local crime: media makes things big
3. crime stats do not tell whole story: crime is not evenly distributed throughout jurisdictions
4. prejudices affect our thinking
5. limited idea of dangers to our own safety: corporatee/white color is not as publicized. |
|
|
Term
|
Definition
period from 1920 to 1933
manufacture, transport, and sale of alcohol was prohibited |
|
|
Term
|
Definition
| policy aimed at reducing sale and use of illegal drugs |
|
|
Term
| "power of the purse strings" |
|
Definition
| elected officials get to set the budget for criminal justice |
|
|
Term
| what does it mean to say that judge's have a "going rate" for crimes? |
|
Definition
| they can set up policy of disliking certain crimes and giving maximum penalties and fines for them |
|
|
Term
|
Definition
| all crimes committed in society |
|
|
Term
|
Definition
| information recorded about offender and case |
|
|
Term
|
Definition
| does enough evidence exist to justify indictment and trial? |
|
|
Term
| why are some offenses excluded from the system? (3) |
|
Definition
1. cost: lack of resources
2. discretion: officer can decide if they give a ticket
3. errors: inadequate investigation, insufficient proof |
|
|
Term
| 5 goals of the criminal justice system |
|
Definition
1. deterrence
2. incapacitation
3. Retribution
4. Rehabilitation
5. Restoration |
|
|
Term
|
Definition
| punish to prevent further crime |
|
|
Term
|
Definition
|
|
Term
|
Definition
prevent them from committing a crime/harming others or self
ex: suspended drivers license, electronic monitoring, take away checkbook |
|
|
Term
| what is the most common form of incapacitation? |
|
Definition
|
|
Term
|
Definition
medical explanation for why crime is committed
ex: distribution of drugs: sent to rehab |
|
|
Term
| why is rehab controversial? |
|
Definition
| do not really know cause of problem but are giving treatment anyway |
|
|
Term
|
Definition
"eye for an eye"
government sponsored revenge
lacks utilitarian purpose (doesn't deter)
"justice" |
|
|
Term
| what is the primary institution of socialization? |
|
Definition
|
|
Term
| What are socialization institutions? |
|
Definition
family
school
media
religion
military |
|
|
Term
| What is the ultimate goal of crime control model? |
|
Definition
| control of criminal behavior |
|
|
Term
| what kind of values does the crime control model reflect? |
|
Definition
| traditional, conservative values |
|
|
Term
|
Definition
-want to move process along as quickly as possible
-"assembly line" of processes to close case
-plea bargains are better than jury trials
presumption of guilt |
|
|
Term
|
Definition
fullest opportunity to discredit charge
Doctrine of guilt |
|
|
Term
|
Definition
|
|
Term
|
Definition
prosecuted by government on behalf of victims
includes pelonies and misdemeaners
penalties: fine, probation, jail, prison, death |
|
|
Term
|
Definition
addresses a perceived wrong between 2 individuals that is not about criminal behavior
involves a legal dispute between 2 entities
consequences: monetary relief and injunctive relief |
|
|
Term
| consequences of civil law |
|
Definition
| monetary relief and injunctive relief |
|
|
Term
|
Definition
1. no evidence
2. scintilla
3. reasonable suspicion
4. probable cause
5. preponderance
6. clear and convincing
7. reasonable doubt |
|
|
Term
| 3 categories of criminal offenses |
|
Definition
person
property
public order |
|
|
Term
|
Definition
|
|
Term
| offenses against property |
|
Definition
|
|
Term
| offenses against public order |
|
Definition
prostitution
gambling
drunkness
drugs |
|
|
Term
| motivations for offenses against a person (7) |
|
Definition
1. interpersonal disputes
2. instrumental violence
3. group biolence
4. chronic violent offender
5. political violence
6. rape and sexual assault
7. robbery |
|
|
Term
|
Definition
forced, unlawful entry into building
larceny: stealing after being invited inside |
|
|
Term
|
Definition
committing a criem for a purpose
ex: stealing a car to sell it and get $ |
|
|
Term
|
Definition
|
|
Term
|
Definition
| offenses that occur but are not reported |
|
|
Term
| why might it be difficult to report crime? |
|
Definition
1. may be subtle and do not know it happened
2. may not be perceived as a crime
3. offender might be family, friend, etc
4. victim doesn't think police can do anything to help
5. fear or reprisal from others
6. antipathy toward police |
|
|
Term
| amount of proof needed to sue for civil case |
|
Definition
|
|
Term
| level of proof needed in order to sustain complaint |
|
Definition
|
|
Term
| level of proof needed to file a crime in a criminal trial |
|
Definition
|
|
Term
| level of proof to prove criminal wrongdoing |
|
Definition
|
|
Term
| parties involved in lawsuit (2) |
|
Definition
|
|
Term
| parties involved in lawsuit (2) |
|
Definition
|
|
Term
| consequences of a law suit |
|
Definition
|
|
Term
| verdict resultant of civil trial |
|
Definition
|
|
Term
| verdict resultant of criminal trial |
|
Definition
|
|
Term
| Penalties of a civil crime |
|
Definition
monetary damages
injunctive relief |
|
|
Term
|
Definition
forced to stop doing something
penalty of civil trial |
|
|
Term
| penalties of a criminal trial |
|
Definition
|
|
Term
|
Definition
fines are fixed amounts
monetary damages are based on amount of harm done |
|
|
Term
|
Definition
|
|
Term
| Who collects data for the UCR? |
|
Definition
|
|
Term
| what is the most extensive and useful measurement of crime? |
|
Definition
|
|
Term
| what categories of offenses are considered Part I offenses? |
|
Definition
| violent and property crime |
|
|
Term
| what is the hierarchy rule? |
|
Definition
| when an individual commits multiple offenses at once, law enforcement agency must decide which offense is the highest violent crime or property crime and record that offense |
|
|
Term
| sources of error in the UCR (2) |
|
Definition
1. unintentional: clerical errors
2. intentional: cooking the books |
|
|
Term
|
Definition
# of crime offenses divided by population of the area
(crime/100,000) |
|
|
Term
| what is the purpose of the UCR? |
|
Definition
| justification of increased criminal justice spending |
|
|
Term
| National Incident-Based Reporting System (NIBRS) |
|
Definition
| gathers data on each criminal act even if several acts are committed within same complex behavior |
|
|
Term
|
Definition
estimate level of unreported crime
ask victims of crime and experiences |
|
|
Term
|
Definition
identify types of offenses they committed
longitudinal/cohort studies |
|
|
Term
| what types of crimes do surveys and self-reports miss? (5) |
|
Definition
1. corporate crime
2. organized crime
3. drug sales
4. prostitution
5. gambling |
|
|
Term
| uses information that is not available to public for personal gain |
|
Definition
|
|
Term
| how did we originally explain crime? |
|
Definition
demonology
attributed it to supernatural forces |
|
|
Term
|
Definition
when we thought crime was relating to supernatural...
determined guilt by making people do something painful/risky + if they survived = not witch |
|
|
Term
| which school of criminology views behavior as stemming from free will, demands responsibility and accountability of all perpetrators? |
|
Definition
|
|
Term
| who is the father of classical criminology? |
|
Definition
|
|
Term
| beccarias 9 principles: 3 aspects when committing a crime |
|
Definition
1. likelihood of getting caught
2. how severe is the punishment?
3. likelihood of getting that punishment? |
|
|
Term
| punishment needs to be ____ and _____ |
|
Definition
|
|
Term
| Bentham's utilitarianism theory |
|
Definition
hedonistic calculus
get most pleasure out of life, avoid pain |
|
|
Term
|
Definition
| traits of individual that contribute to criminal behavior |
|
|
Term
|
Definition
| scientific method. identify why people commit crimes |
|
|
Term
| micro level of poverty vs macro |
|
Definition
micro: poor individuals commit more crimes
macro: poor neighborhoods have higher crime rates |
|
|
Term
| what are the 6 biological theories of criminology? |
|
Definition
1. phrenology
2. atavisms
3. physiological
4. somatotyping
5. XXY chromo
6. Biochem |
|
|
Term
|
Definition
| the shape of your skull defines your personality |
|
|
Term
|
Definition
| appearance of physical features determines criminology |
|
|
Term
| what did lombroso think about lawbreakers? |
|
Definition
| they look physically different |
|
|
Term
|
Definition
|
|
Term
| what are the three different somatotypes? |
|
Definition
endomorph
ectomorph
mesomorph |
|
|
Term
| what is XXY chromosome syndrome? |
|
Definition
| male has extra y chromosomes |
|
|
Term
| what is the biochemical theory of criminology? |
|
Definition
hormones
levels of serotonin
brain damage |
|
|
Term
| list three typical organized crimes |
|
Definition
1. prostitution rings
2. murders for hire
3. organized crime groups |
|
|
Term
|
Definition
| chief law enforcement officer for each county locally |
|
|
Term
|
Definition
| authorizes a law officer to perform a specific act such as arrest or search |
|
|
Term
|
Definition
| officer of the court responsible for executing writs and processes, making arrests, and keeping order in the court |
|
|
Term
|
Definition
| a lesser offense punishable by fine or jail time for a year. |
|
|
Term
|
Definition
| offense punishable by a sentence of more than one year and sometimes by death |
|
|
Term
|
Definition
| component of a county corrections system that usually holds offenders who have already been sentenced |
|
|
Term
|
Definition
| judicial district established within a state or federal judicial system |
|
|
Term
| 2 best known federal agencies |
|
Definition
|
|
Term
| most of the work concerned with the FBI is.... |
|
Definition
|
|
Term
|
Definition
| public of judge, public official, or law enforcement officer to make decisions on issues within legal guidelines |
|
|
Term
| wilding: what is it and why did the term develop? |
|
Definition
term coined after female jogger attacked in NYC park.
wilding: gangs of young men going on crime sprees to rob, assault, and rape at random in public places |
|
|
Term
| True or False: Responsibility for making and enforcing the law is spread unevenly across different levels of government. |
|
Definition
|
|
Term
| These can vary widely depending on the type of crime and the priorities of the law enforcement agency |
|
Definition
|
|
Term
| This type of crime involves the purposeful commission or omission of acts by individuals acting as representatives of a business. |
|
Definition
|
|
Term
| Like Prohibition, this has provided opportunities for a variety of criminal organizations. |
|
Definition
|
|
Term
| This is the court of final appeal, but it only deals with a few cases. |
|
Definition
|
|
Term
| This case determined that illegally seized evidence is inadmissible in state criminal courts. |
|
Definition
|
|
Term
| Jeffrey Reiman contended that this kind of crime is much more harmful to society than street crime. |
|
Definition
|
|
Term
| This facility usually holds offenders who have already been sentenced to a year or less of incarceration. |
|
Definition
|
|
Term
| The sheriff's office is responsible for providing these to courts. |
|
Definition
|
|
Term
| One of the points in the criminal justice system that results in the most attrition of cases is ________. |
|
Definition
|
|
Term
|
Definition
| instances when a victim plays an active role in initiating conflict. |
|
|
Term
| Sexual activity, usually sexual intercourse, that is forced on another person without his or her consent, usually under threat of harm is called |
|
Definition
|
|
Term
| The FBI classifies murder and non-negligent manslaughter, forcible rape, robbery, and aggravated assault as ________. |
|
Definition
|
|
Term
| classical school of criminology |
|
Definition
| uses the idea of free will to explain criminal behavior |
|
|
Term
|
Definition
| states that people will choose not to break the law when the pain of punishment outweighs the benefits of the offense |
|
|
Term
|
Definition
| individual's mental calculation of the personal value of an activity by how much pleasure or pain it will incur |
|
|
Term
|
Definition
| people consciously choose to break the law on realizing that the offense's benefits probably outweigh the negative consequences |
|
|
Term
| positivist school of criminology |
|
Definition
| set of criminological theories that uses specific techniques to study crime and criminal offenders |
|
|
Term
|
Definition
id: instincts and biological drives
ego: learns to solve problems and suppresses id
superego: morals |
|
|
Term
|
Definition
| assessment of human psychology via the examination of objectively observable and quantifiable actions |
|
|
Term
|
Definition
reward/punishment
association |
|
|
Term
| kohlberg's theory of moral development |
|
Definition
1. preconventional: children learn to avoid punishment by following simple rules
2. conventional: people adopt and support society's values
3. postconventional: compare rules and lkaws to universal ethics |
|
|
Term
|
Definition
set of innate psych, emotional, cognitive, bio differences that distinguish psychopaths from normal people
lack of remorse, empathy, and guilt; poor behavioral control; irresponsibility, low empathy, gradiose sense of self-worth |
|
|
Term
|
Definition
| person with this condition engages in antisocial and violent behavior because of severe emotional issues |
|
|
Term
|
Definition
set of innate psych, emotional, cognitive, bio differences that distinguish psychopaths from normal people
lack of remorse, empathy, and guilt; poor behavioral control; irresponsibility, low empathy, gradiose sense of self-worth |
|
|
Term
|
Definition
| offender is aggressive, violent, and antisocial because he or she learned these behaviors, not because of any illness or conflict |
|
|
Term
|
Definition
| criminological theories that rely on individuals' demographics and geographic location to explain crimal behavior |
|
|
Term
| differential association theory |
|
Definition
| states that crime is learned |
|
|
Term
|
Definition
| causes of crime can be connected to the pressure on culturally or materially disadvantaged groups or individuals to achieve the goals held by society, even if the means to those goals require the breaking of laws |
|
|
Term
|
Definition
| condition in which people or society undergoes a breakdown of social norms and values |
|
|
Term
|
Definition
| seeks not to exlain why people break the law, but what keeps most people from breaking the law |
|
|
Term
|
Definition
| juvenile delinquents have feelings of guilt when involved in illegal activities and search for explanations to diminish that guilt |
|
|
Term
|
Definition
| recidivism to be a consequence of the negative labels applied to offenders |
|
|
Term
|
Definition
| attitudes held by lower class do not accurately reflect the reality of that class existence |
|
|
Term
| According to Tittle's ________ theory, a person who either exerts too little control or too much control is more likely to break the law. |
|
Definition
|
|
Term
| True or false: Both Hooton and Lombroso believed that tattooing was the mark of an inferior person. |
|
Definition
|
|
Term
| According to Elliot and colleagues' ________, strain, social control, and association with delinquent peers affect all youths regardless of class. |
|
Definition
| integrated theory of delinquent behavior |
|
|
Term
| According to Laub and Sampson, offenders who eventually adopt more conventional behavior typically experience ________. |
|
Definition
|
|
Term
| List the following five (5) levels of proof in order starting with the lowest level of proof up to the highest level of proof |
|
Definition
1. probable cause
2. reasonable suspicion
3. beyond a reasonable doubt
4. clear and convincing
5. preponderance of evidence |
|
|
Term
|
Definition
| Reasonable grounds (for making a search, pressing a charge, etc.). |
|
|
Term
| Define: Reasonable suspicion |
|
Definition
proof that person has been or is about to be involved in crime
educated guess |
|
|
Term
| define: beyond a reasonable doubt |
|
Definition
|
|
Term
|
Definition
| number of offenses that have been solved by police |
|
|
Term
|
Definition
| declaration of charges against accused person that is presented to jury to determine whether enough evidence exists for an indictment |
|
|
Term
|
Definition
| decision of grand jury that sufficient evidence exists to indict an accused person |
|
|
Term
|
Definition
| decision of grand jury not to indict accused person because there isnt enough evidence |
|
|
Term
|
Definition
"i do not wish to contend"
defendent neither admits nor denies comitting offense, but agrees to be punished as guilty |
|
|
Term
|
Definition
| case established by evidence sufficient enough to establish the fact in question unless its rebutted |
|
|
Term
|
Definition
| court appearance in which defendent is formally charged with a crime and asked to respond by pleading guilty, not guilty, or nolo contendre |
|
|
Term
|
Definition
| jailing of a defendant awaiting trial, usually in order to protect an individual or public |
|
|
Term
|
Definition
| account prepared by probation officer that assists the sentencing court in deciding an appropriate sentence for a convicted defendant |
|
|
Term
|
Definition
form of punishment
offender is allowed to remain in community but must wear an electronic device that allows the authorities to monitor his or her location |
|
|
Term
|
Definition
| an error affecting outcome of trial |
|
|
Term
|
Definition
| wooden frame with holes for securing hea and hands that was used to secure and expose an offender to public derision |
|
|
Term
|
Definition
| anti-androgen drugs administered by injection that lower testosterone levels and sex drive in males |
|
|
Term
|
Definition
| crime victim plays active role in initiating a crime or escalating it |
|
|
Term
|
Definition
| homicides of a sequence of victims that occur in 3+ separate events |
|
|
Term
|
Definition
| use or threat of violence against a state or political entity in order to coerce |
|
|
Term
|
Definition
sexual activity, usually intercourse, that is forced on another person without their consent
incapable of giving consent |
|
|
Term
|
Definition
| sexual contact that is committed without the other party's consent or with a party who is not capable of giving consent |
|
|
Term
|
Definition
| removal of property from person by violence or by threat of violence |
|
|
Term
|
Definition
gambling, prostitution
deemed undesirable because they offend community standards rather than directly harm people or property |
|
|
Term
|
Definition
| use of body types an physical characteristics to determine human personality |
|
|
Term
| primary deviation vs secondary deviation |
|
Definition
primary; initial lawbreaking
secondary; caught for crime, processed through CJ system, and labelled |
|
|
Term
|
Definition
| guarantee of liberties by king of englan |
|
|
Term
|
Definition
| writ used to bring a party before the court |
|
|
Term
|
Definition
| laws that are based on customs and general principles |
|
|
Term
|
Definition
| type of law that is enacted by legislatures |
|
|
Term
|
Definition
| prior legal decision used as a basis for deciding a later, similar case |
|
|
Term
|
Definition
| doctrine under which courts ahere to legal precedent |
|
|
Term
|
Definition
first 10 amendments to the U.S. constitution
guarantees fundamental rights and privileges to citizens |
|
|
Term
|
Definition
| code of laws that deals with crimes and the punishments for them |
|
|
Term
|
Definition
| law that governs private rights as opposed to the law that governs criminal issues |
|
|
Term
|
Definition
| an area of the law that deals with civil acts that cause harm and injury, including slander, assault, trespass and negligence |
|
|
Term
|
Definition
| prosecution in the same jurisdiction of a defendant for an offense for which defendant has already been prosecuted and convicted or acquitted |
|
|
Term
|
Definition
| law that defines rights and proscribes certain actions/crimes |
|
|
Term
|
Definition
| laws that prescribe the methods for their enforcement and use |
|
|
Term
|
Definition
| requires judges to consider how previous cases have been dealth with similar issues |
|
|
Term
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Definition
| an offense comprising acts necessary to commit another offense |
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| co-existence of actus reus and mens rea |
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body of the crime
the elements of the crime |
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| List and define the three elements of a crime. |
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1. Actus Reus: criminal act
2. Mens Rea: criminal intent
3. concurrence: relationship between act and intent |
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| responsibility for a criminal offense without intention to break the law |
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| a defense that involves the defendants claiming not to have been at the scene of a criminal offense when it was committed |
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| a defense that attempts to give physical or psychological reasons that a defendant cannot comprehend his actions |
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| sexual activity conducted with a person who is a minor or incapable of giving consent |
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| List and define 3 of the 8 affirmative defenses to criminal liability |
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1. Entrapment: officers pose as other people to get person to commit or admit to committing a crime
2. double jeopardy: defendant cannot be tried or punished twice for the same offense
3. self-defense: defendant must believe that physical force is necessary for protection; must be reasonable; must believe the force used was unavoidable |
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| which 6 amendments of the Bill of Rights have significant importance to the criminal justice system? what are the amendments specifically about? |
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1st: freedom of speech and religion
2nd: bear arms
4th: probable cause, privacy
5th: due process of law; cant be charged for same crime twice
6th: right to a speedy and public trial
8th: excessive bail isnt required, no cruel and unusual punishment |
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| homeland security, colonial, industrialization, progressive and scientific, civil rights and British origin. List the chronological order of these times and an example of how these influences have impacted the development of law and specifically law within the criminal justice system. |
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During the British Origin, it was an agrarian society and people often worked as indentured servants. Laws at the time were mostly unnecessary, because everyone was Protestant (Christian) at the time and agreed on values. Laws that were created involved trade and navigation. There weren’t any public services or police force. If people had a problem, they went to the church
During Colonial Reform, there was a decline in the influence of the church. The constitution and bill of rights
During the progressive and scientific era, urbanization occurred and the end of the civil war marked the end of slavery. Immigration increased from Europe and caused social stratification. First came from Ireland, because of potato famine. Economically, all men (who could own land) were equal. The welfare state begins and development of mental institutions, orphanages, and prisons.
During industrialization, the great depression occurred and there was mass urbanization and high unemployment. Socially dense evirojnment and that was very populated. Automobile industry helped people get out of city. More cars getting stolen (new laws needed to be created – traffic laws, need license and insurance)
Civil Rights. Minority groups were more politically powerful and gained equal opportunities and access to care. Desegregated schools. Suburbs became affluent and poverty in cities.
During the homeland security, patriot act – government has a copy of everyones emails and internet logs; opening of older cases (innocence project) |
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| criminal law: who are the parties involved? Levels of proof? Potential outcomes? |
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Parties: defendant vs government
outcomes: fine, probation, jail, prison, death
proof: probable cause |
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| civil law: who are the parties involved? Levels of proof? Potential outcomes? |
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Parties: two individuals
outcomes: monetary relief and injunctive relief
proof: none necessary |
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Describe the development of criminological thought which resulted as dissatisfaction with the demonological approach.
Who is considered the founder of this school of thought?
What are the major assumptions of this school and how does it differ from demonology? |
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Beccaria's theory of classical criminology appeared after demonology. enlighttenment caused people to ask questions and explain physical world.
advanced the scientific method
people freely choose to break the law
3 aspects of committing a crime: 1. likelihood of getting caught, how severe is the punishment, likelihood of getting that punishment?
cost-benefit analysis |
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| Herbert Packer developed two models that help explain policy development in the criminal justice system. Define and describe the two models. |
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Crime Control Model: describes order as value. order is important so criminal justice system needs to be efficient and decisive. total faith in police and prosecutors decisions. not all crimes need to send people to court
Due Process Model: law and adherence to law as value. laws are valuable. adversarial processes are necessary. decisions are best made in court. examines mental health and other factors |
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| a prior legal decision used as a basis for deciding a later, similar case |
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| List and describe the four issues that guide precedent |
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1. predictability: consistent with reasoning used in previous cases makes it so people know what to expect
2. reliable; participants in legal system expect court to follow precedent. uses precedent as guide
3. efficiency: participants expect cases to be solves quickly. common law makes thing quicker
4. equality; reduce bias. similar cases are expected to be treated same. "justice" |
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