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main concepts of choice theory
free will; rationality; hedonism (pleasure seekers); policy implications
Merton-stress causes people to conform to crime; less stress=innovators; causes of crime come from structure of society
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
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
substantive vs. procedural criminal law
substantive-defines what is criminal and perscribes punishments; procedural-establishes practices of criminal justice process
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
local area judges based decision on established customs and practices; began writing previous decisions in 12th century (common law)
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)
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
Crime control model
societal level; presumption of guilt; assembly line; efficiency; plea bargins; no appeals
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