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101 Cards in this Set
- Front
- Back
The Dramatic Fallacy |
Make money->mythical status->horror story->entertain (all change public perception of crime). What is real vs. fantasy |
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Cops and Courts Fallacy |
Public expectation that cops should always be there to prevent crime or catch criminals in the act, courts are effective in deterring crime |
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Not-From-Here Fallacy |
Judgement of criminality increases if the individual/group does not- come from around here and therefore look like me, sound like me, dress like me. Data says that like victimizes like (white offenders typically have white victims, same for black) |
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The not-me fallacy |
Crime is generated by opportunities that we capitalize on, every individual has the capability- “not me”- the person who committed the crime is different from you, distance yourself from them |
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Innocence of Youth Fallacy |
Built into the criminal justice system with how we deal with minors. Idea that youth is fundamentally pure. Young people are responsible for committing vast majority of crimes (highest age category is 15-25) |
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Ingenuity Fallacy |
Assumption that criminal offenders require skill, are organized masterminds. Most crimes are actually very easy to commit |
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organized crime fallacy |
Most crimes are committed by solo offenders, average number of offenders <2 across all ages. Younger means more common co-offending, emerges out of ‘play groups’. Most crimes require little organization, ‘hard targets’ few and far between, easy targets abound |
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Welfare state policy |
Impact of increased social welfare on crimes. Weak relationship between social welfare and crime according to data. 2 opinions: that excessive social welfare causes crime or that insufficient social welfare causes crime |
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Agenda Fallacy |
Most proposed solutions to crime a part of a larger agenda- political agendas (e.g. hobble the welfare state, make the rich pay)Moral agenda (follow a certain moral creed)Religious agenda (get faith)Social agenda (sexual promiscuity)Accept the broader agenda->crime reduced |
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Whatever-You-Think Fallacy |
What constitutes a crime is subjective, each society and state manufactures crime according to their goals and agendas. There are NO universal process or patterns to crime |
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mala in se |
murder, rape, robbery, assault, arson, burglary (mala in se is situational) |
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mala prohibita |
drinking alcohol, premarital sex, women voting, women driving, internet hunting, chewing gum, shooting turtles (aite) |
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violations of the law |
a behavior that breaks the law and leaves the offender liable to public prosecution and punishment |
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assault |
unlawful attempt, coupled with present ability, to commit a violent injury on the person of another |
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violations of moral codes |
a behavior that transgresses a moral prescription and leaves the offender liable to public condemnation, punishment, and/or ostracism |
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violations of social norms |
a behavior that transgresses a unspoken social or cultural rule that leaves the offender liable to public gossip, ridicule, and/or ostracism |
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antisocial behavior |
behavior that lacks consideration of others and may cause damage to society |
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UNIVERSALISM vs RELATIVISM |
look up |
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COLLECTIVE VS SPECIAL INTERESTS |
look up |
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CODIFIED VS NORMS |
look up |
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Pre-Enlightenment system |
crime had a supernatural origin, proof systems: two eye witnesses or one eye witness and confession, blood sanctions: death for major offenses, mutilation for minor |
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Classical School |
Cesare Beccaria 1738-84. Targets of Judicial reform= unwritten laws, secret trials, trial by torture, gruesome punishments. Classical school thought that irrational and ineffective law leads to crime. Presumption of innocence, public/impartial trials, adherence to rules of evidence and procedure, equality before the law, equal punishment for equal crimes, due process (all rights of the individual must be respected) |
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Classical Deterrence Theory |
Punishments can be structured such that rational people will evaluate costs of crime as outweighing the benefits (certainty, celerity, severity) |
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Positivist School |
(emergence of the enlightenment/ scientific revolution)- scientific revolution, rejection of free will replaced with causal determinism Mechanistic rules about the way societies are structure- choice is an illusion and free will doesn't exist according to positivist, predestined to commit crime, punishments don’t work but instead we need to fix broken people/environments (ex. Rehab, juvenile justice, insanity, seek to fix person)Justice system remains largely classical school- people will rationally evaluate the right and wrong and consequences. Classical + positive- bounded free will, value pleasure over pain, bounded rationality, environments and people are partially constrained, people are variable in the pleasures they value and the pain they fear, people are often irrational. |
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Principles of Beccaria’s approach |
utilitarian (greatest good for most people), social contract (relationships among free people regulated by laws not God, social harm prevention: purpose of law and punishment is to prevent harm to society |
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offender centric |
Behavior +law-> crime incident-> offender-centric or event-centric (changes focus from person to the crime itself) Ex. drug deal- up until moment of exchanging money with drugs crime has not yet been committed, exact instant when it becomes criminal |
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the criminal incident |
Crime events themselves are actually instantaneous instants/fraction of a secondIncidents are fractions of time but the aftermath can take years |
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prelude |
(what happens before crime)- can take hrs/mins: search and find, weigh costs and benefits, commit, approach. None of these acts are illegal until incident because motives are not criminal. Crime sequence can be one-to-many (one motive leading to many outcomes ex. Get money leads to burglary, GTA, and robbery) or many-to-one (many motives lead to one outcome ex. Money, fun, revenge lead to burglary) |
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aftermath |
outcome leakage- things happening after leak back into the perception of the criminal event, this is problematic because it can influence official data |
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Legal and illegal intertwined |
Legal (majority of daily life, may be prelude to crime but not illegal) & illegal (minority daily life, may or not be prelude, illegal) intertwined |
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crime data |
raw crime counts, crime rates reported at city, county, and state levels |
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Official vs. unofficial data |
public crimes: police rarely present at the incident, police rely on public to report crime. Reasons for not reporting: attempted not completed, little loss or injury, sense of security intact, does not ‘seem’ serious, doesn’t involve firearm, social stigma, police couldn’t solve |
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public and official crimes |
police rarely present at the incident, police rely on public to report the crime |
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outside official channels |
e.g victimization surveys (National crime victimization survey). cons: memory, refusal, misinterpretation, please interviewer |
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using crime data |
basic inference problem: proposition- no source of data complete, a fraction of crimes known to police, victimization surveys are samples, ethnographic data are local, consequence: there is a lot we do not know, approach: use known data to make inferences about unknown |
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general causal model |
characteristics or conditions in non-criminal preludes are responsible for criminal incidents |
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bio/biosocial theory |
criminality is rare, crime is about the actor NOT THE ACT (presence/absence of anatomical features, genes, hormones, chemicals) |
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Italian school 'criminal anthropology' |
natural born criminals. Criminal atavism (criminal inclination is inherited), physical stigmata (stubby fingers, fleshy lips), empirical science of counting stigmata (presence of 5/18 stigmata explains criminal desire) criminal types: born, insane criminals, by passion/occasional |
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heritability of crime |
twin studies and adoption studies: outcome for child based on biological and adoptive parent criminality |
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hormones and chemicals |
testosterone: aggression, serotonin: the "brakes", dopamine the "fuel" |
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the medical model |
identification of the problem in individuals, prevent crime via intervention, treat individuals who have committed crime |
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differential psychology |
crime is the product of "sick minds" |
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cognitive psychology |
crime a product of the way the mind works |
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mens rea= criminal intent vs |
actus reus= willful behavior violating the law |
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psychological assumptions |
developmental and socialization processes Mental, moral, social, and sexual stages all lead to normal or abnormal outcomes which lead to crime or norm violations and anti-social behavior |
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psychoanalytic model |
(Freud)- the id, ego, and superego (id and superego exist in subconscious) id is animal desires and desire to self-gratify that we are all born with, people are naturally prone to be selfish and the propensity to commit crime is a natural instinct, superego comes about through socialization and the desire to conform to social rules Three way the conceptual structure of the mind leads to crime- id dominant (human nature that is normative with a dominant id), superego dominant (overdeveloped superego represses the id which causes it to build up and burst forth potentially leading to crime) or (guilt from old transgression and to punish themselves they commit a crime again, seeking out punishment from subconscious guilt) |
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trait-based psychology |
personality is the totality of behavioral and emotional traits, measurable or observable, largely innate, not deterministic creates potential under right circumstances |
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mental illness and capacity |
medically recognized impaired cognition and perception of the world Schizophrenia- affects .04% of world population, 1.5-4.4% in prison populationsThe criminal justice system may be biased towards incriminating people with mental health disorders |
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life-course theory |
outside influences on behavior, events +/- bonds with society, influence varies at different life-history stages, cumulative impact. If you have events that progressively lead to lessened bond with society the more likely to commit crime Life-course risk factors- events in context, poverty, poor child rearing, criminal parents, criminal peers, active in different degrees at different ages |
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social learning theories |
crime is not innate nor developmentally determined but a product of social interactions. crime COMES FROM the environment |
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classical conditioning |
Pavlov and Skinner: behavior learned through external stimuli, pairing a new stimulus with an unconditioned response via an unconditioned stimulus |
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operant conditioning |
strengthening/weakening response with rewards/punishment |
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differential association |
short hand for “differential association with criminal and anti-criminal behavioral patterns”. Socialization in one-to-one and group contexts- agents, content. |
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Nine propositions distilled into 4 |
Criminal behavior is learned via intimate social interactions -Criminal behavior is learned if it is favored over non-criminal behavior in a social context -Criminal behavior is learned like any other behavior and is therefore not categorically different -Crime is not explained by general needs or general values |
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control vs. strain |
strain: gain>lose control: lose>gain in general strain theory starts with idea that person committing the crime has much more to gain than they have to lose, yet control theory starts with the idea that people with much more to lose than they have to gain |
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control assumptions |
people are naturally amoral, the desire to commit crime is not natural crime= exercising rational self-interest, self-interest arises from hedonism people value pleasure over pain, capable of following rules when they serve self-interest |
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SOCIAL CONTROL |
direct (if there are people/institutions/techs that are directly observing you it would prevent you from exercising self-interest) and indirect (people have internalized ideas of what is right and wrong in a social context and there is an internal debate over whether to engage in an activity/whether it would be appropriate in the social context) Hirschi (1969) social control- people are not socialized to crime, people are under-socialized to conform. Crime is not learned, controls are learned. Social bond-> attachment, commitment, involvement (the more you are actively involved the more you have direct instances of social control), belief (sense of right and wrong). Over the course of socialization these bonds are formed |
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self-control |
awareness and fear of consequences leads to self control absence of self-control leads to reckless, immoral and illegal behavior. Markers of low self-control include impulsivity, adventure seeking, self-centeredness, easily-frustrated, lack of diligence |
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policy implications |
parenting really matters (supervise, recognize, punish) courts and corrections do not- sanctions and rehabilitation |
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victims vs. targets |
Use CRAVED/EVIL DONE- to characterize crime Legitimacy: choosing between two targets this may come into play Who makes a better victim? Thousands vs. a single, in many circumstances more victims matter more, the degree to which you can inflict damage matters
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craved/evil done |
craved= availability (overabundant/exposed/near) Exposed Vitala Iconic Legitimacy Damageable Overabundant Near Easy |
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(POST MIDTERM MATERIAL BEGINS) behavioral settings |
locations used recurrently for particular sets of behaviors, behavioral settings are persistent and not one dimensional (one setting can lead to many behaviors or many settings can lead to one behavior |
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environmental cues |
settings consist of many cues, cues favorable to crime, cues that are neutral. Fixed environmental differences increase likelihood offenders will repeatedly exploit criminal opportunity in some locations. setting leads to cue leads to behavior |
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offender convergence settings |
cues favorable to prelude- allow informal unstructured activity, information sharing, insulate from interference in activities. |
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incident settings |
cues favorable to crime: absence of effective supervision, absence of norm enforcement, suitable victims/targets. In general high and very low density provides great opportunity for crime but middle ground is not ideal |
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CPTED |
Crime Prevention through environmental design to manipulate. and defensible space- specific design to see and be seen and to encourage willingness to intervene |
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necessary conditions for crime |
motivated offender, suitable target or victim and the appropriate setting |
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routine activity theory |
crimes can only be committed where motivated offenders encounter a suitable victim/target in the absence of effective security. people going about their normal/daily routines are sufficient enough to create the conditions for most crime |
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Adolphe Quetlet |
1830's- mapped arrest stats-> wealthier areas had greater property crime, geographic differences persisted over years |
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social organization |
institutions: school, churches, police, government, businesses informal networks: family/friends/neighbors normal function->effectively control crime |
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social disorganization |
institutions and informal networks function poorly or have failed completely abnormal function->no crime control. can be a result of rapid urbanization |
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Concentric Zone Model |
Central Business District -Transitional Zone: recent immigrant groups, deteriorated housing, factories, abandoned buildings (area with rampant crime, disease, poverty. no one wants to live here but the community cannot prevent these problems) -working class zone: single family apartments -residential zone- single family homes, yards/garages -commuter zone- suburbs |
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residential instability/racial/ethnic diversity |
these lead to social organization which leads to crime |
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policy implications |
make social organization function correctly with methods to strengthen the community and good jobs to accelerate disorganization |
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scripts vs rational choice |
offenders rely on scripts that they follow quite closely to commit their crimes. Better crime opportunities ignored if they don't fit the script |
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police powers |
broadly: the right of a government to make laws that regulate behavior and enforce order (to preserve and protect the safety, health, welfare, and morals of the community broadly: if the exercise of police power does not preserve or protect the community then it is a violation of rights |
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American Model- 10th amendment |
"the powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" therefore except in limited situations policing is a state matter |
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4th amendment |
right of people to be secure in their persons, houses, etc. against UNREASONABLE searches and seizures. Shall not be violated without probable cause |
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reasonableness and probable cause |
reasonable suspicion- low standard of proof allowing police/government agent to engage in brief investigative stop: must be brief and invasiveness proportional to the magnitude of the suspected crime |
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probable cause for search and arrest |
slightly higher burden of proof, that more invasive search will likely reveal evidence of a crime- arrest warranted because individual likely has committed or is committing a crime |
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reasonableness |
what a reasonable person/officer would infer under the same circumstances. concerns only the facts available to the officer. can be based on totality of circumstances. |
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Justice Department report |
African Amercian's experience disparate impact, in part because of unlawful bias arrest warrants used to coerce payments of fines cops and courts actively pushed law enforcement practices to produce revenue not public safety |
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conflict theory |
social order NOT a consensus, society made up of many competing interest groups law is written and enforced by groups in power, goal is maintain the status quo |
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elements of conflict theory |
crime is a byproduct of inequality groups in control criminalize certain behaviors that threaten their wealth/power/prestige crime is committed as a form of 'resistance' against conditions of inequality |
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Marxist framework |
capitalism (country's trade and industry are controlled by private owners for profit rather than the state) is the source of most social problems. Marxism in 5 steps: profit from surplus value, exploitation of labor, alienation of working class, class consciousness, revolt |
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instrumental marxism |
direct and transparent link between interest of the ruling class and the laws and function of the criminal justice system |
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structural marxism |
subtle rules of the state and institutions designed to protect the capitalist system, entrenched inequality is a byproduct |
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conflict theory & formal laws |
no difference between criminals and non-criminals. criminals are those who threaten the capitalist system. |
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Labeling theory |
crime and deviance is not an inherent characteristic of behavior. social groups 'create' deviance by making rules that people then can transgress. Transgressing a rule leads one to be labeled deviant. |
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extralegal factors |
other labels that impact arrest/due process/ sanctions= Race (racial profiling), class (vagrancy laws), sex (leniency for women?) |
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controlled substances |
5 schedules schedule 1: high potential for abuse and no medical use (Heroin, LSD, marijuana) schedule 2: high potential for abuse and medical use (adderall and oxycodon) schedules 3-5: moderate to low potential for abuse and medical use |
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drugs and crime |
drug use and drug control policies both can cause crime |
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policy implications: drugs and alcohol |
reducing drunkenness can have major impact -reducing drug availability without increasing price -concentrate harsh punishment on violent rather than high-volume dealer -crackdown on flagrant drug markets -decriminalize drugs (treat as a public health problem) |
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CA and Pot laws- what's allowed |
can: possess/transport/obtain/give away to over 21 no more than one ounce or 8 grams, cultivate up to six plants per residence, retail sales for over 21 use in 2018 |
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CA and Pot laws- what's not allowed |
consuming marijuana in public ($100 fine), consume or possess open container of bud while driving or riding as passenger ($250), possess or use where children are present ($100), manufacture with a volatile solvent, use under 21 but over 18= $100, use under 18=drug counseling/comm. service. Cannot possess more than an ounce= misdemeanor $500 or 6 months in jail |
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Rights not protected by Prop 64 |
owners may forbid possession or use of bud on their property subject to normal tenant law for renters - employers may prohibit use of marijuana by their employees |
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crime WITH a gun |
ex. robbery with a gun- less likely to attack (more likely with other weapons), risk of injury lower but risk of death is higher, chance of success increases, 'take' increases |
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LA vs. USA- gangs |
LA- 463 gangs and 39k members USA- 28k gangs and 730k members |
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gang crime |
gang members commit wide array of crimes, violence is only one part. 30% of youth in gangs commit 85% of the crime |
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gang definition |
an ongoing group of three or more persons having as one of its primary activities the commission of one or more criminal acts and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity |
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risk factors for joining a gang |
critical life events, non delinquent problem behaviors, delinquent beliefs, weak parental monitoring, peer delinquency (accumulation of factors matters) more insignificant risk factors: self-esteem, family structure, attachment within family |