44 terms

Intro to Crim Justice Ch. 3 & 4

Supernatural Theories
pre-modern era; supernatural power is taking control; not your responsibility
Choice Theory people
Becarria-wanted to influence his people; Benthem-crime is a choice
main concepts of choice theory
free will; rationality; hedonism (pleasure seekers); policy implications
policy implications of choice theory
deterrence; deserve punishment; raise reward and lower risk
biology theory people
bio theory main concepts
atavism-some ppl more crime prone than others; physical stigmata
modern versions of bio theory
biomechanical factors; neurological problems; genetic factors
psych theory people
Freud-no bio factors every stage critical
main concepts of psych theory
psychodynamics; id, ego, superego
modern versions of psych theory
behavioral factors; cognitive theory; personality; IQ
Strain theory
Merton-stress causes people to conform to crime; less stress=innovators; causes of crime come from structure of society
social disorganization
Shaw and McKay; crime rates higher in community zone
sub culture theory
Cohen; lower class youth set up to fail
social process
something someone does to make them live a life of crime
social learning/differential association
Sutherland; criminal behavior is learned through close groups
social control/social bonds
Hirschi; explain why people don't commit crime; less bonded you are to society the less you care
social reaction/labeling theory
Becker; if expected to become a criminal, then he will
critical criminilogy
economic and political forces are underlying cause of crime; act done in protest of political policies
developmental theory: latent trait- general theory of crime
Gottfredson, Hirschi; somthing inside person that develops by age 8; caused by ineffective parenting;
developmental theory; life course- Age Graded Theory
Sampson, Laub; patterns form once involved in deviance; build upon crimes in the past; try to find way to alter life course-MARRIAGE, STABLE JOB
Developmental theory; life course- Adolescent Limited vs. Life Course Persistent Theory
Adolescent criminals- most people, normal process, fizzles out; career criminals- start young, show signs early
victim precipitation theory
victim is instigating own victimization; lifestyles; routine activities
substantive vs. procedural criminal law
substantive-defines what is criminal and perscribes punishments; procedural-establishes practices of criminal justice process
civil law
interaction between private parties (contracts)
public law
interaction between government agency and public (govt contracting)
public (criminal) vs. private (civil)
criminal-plantiff is state, civil-plantiff is private party; incarceration-criminal, monetary sanction-civil
goals to criminal law
enforce social control; distribute retribution; express public norms; deter criminal behavior; punish; maintain social order; restoration
stare decisis
local area judges based decision on established customs and practices; began writing previous decisions in 12th century (common law)
mala in se
crimes consistently wrong everywhere
mala prohibita
crimes established by legal statutes only
US Criminal Law
constantly shifting interpretations; Constitution limits criminal law by: cruel and unusual punishment, bills of attainder (w/out trial), and ex post facto (retroactive laws)
felonies, misdemeanors, violations
murder; theft; parking ticket
actus reas
person commited some physical act
mens rea
act commited was intentional
proximate cause
direct cause
actual harm
measurable harm
take out actus reas; fact that you did not ACT makes you responsible
criminal negligence
take out mens rea; acted but wasnt INTENTIONAL and still bad
strict liability
jact you commited crime alone is enough
criminal defenses: excuses
defendant's mental state was impaired at the time; examples-insanity, battered womans syndrom
criminal defenses: justifications
act was reasonable under circimstances; examples-duress (had to or robber would shoot someone else), self defense, cecessity
4th, 5th, and 6th Amendments
4th- search and seizures; 5th- self incrimination; 6th- speedy trial
Crime control model
societal level; presumption of guilt; assembly line; efficiency; plea bargins; no appeals
due process model
fairness and justice; rights of accused; obstacle course; fairness at cost of efficiency; everyone has day in court; appeals