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43 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Rule |
Consequence - informal Application - opt in/out Creation - arbitrary |
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Law |
Consequence - formal Application - jurisdiction (all) Creation - codified |
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Codified |
Legislation becomes law
All requirements elements must be met to convict |
Cake ingredients |
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Jurisdiction |
Domain over which an entity has control |
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Federal courts |
Limited jurisdiction |
Ambassadors Admiralty Federal question Federal code |
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State courts |
General jurisdiction |
State constitutions State crimes Contracts |
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Civil court system |
Monetary Individual entity initiate Lower standard of proof |
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Criminal court system |
Criminal issues State initiates Highest standards of proof |
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3 types of burdens of defense |
Beyond reasonable doubt Clear and convincing evidence Preponderance of evidence |
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Criminal burden of defense |
State ALWAYS has the burden - beyond reasonable doubt |
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Beyond reasonable doubt |
No other logical explanation can be derived from facts except the defendant committed the crime |
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Clear and convincing evidence |
Evidence that establishes a high probability that the face sought to be proved is true. |
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Preponderance of the evidence |
A party has more evidence than not in favor of their position. |
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Cory structure |
1. Trial court 2. Court of appeals (only in issues of law, NOT of fact) 3. Supreme Court |
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What starts the legal process? |
1. Someone reports the crime |
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Culpability |
Blameworthiness |
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2 things needed to have a crime |
Actus Reus Mens Rea |
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Actus Reus |
The act |
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Mens Rea |
The criminal law does not usually apply to a person who has acted with the absence of mental fault. |
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Strict liability |
In certain situations it does not matter what you meant to do
Mens Rea not required |
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Legal system breakdown |
Judge Jury/bench trial Defense |
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Mitigating factors |
Factors that lessen sentencing |
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Aggravating factors |
Factors that make for harsher sentencing |
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Pleas/defenses |
Guilty, not guilty, not guilty by reason of insanity, diminished capacity, no contest |
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Regular defense |
Elements required for a conviction are not present |
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Affirmative defense |
Elements required for a conviction are present, but defendant has a defense that bars punishment |
Insanity plea |
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Proscriptive norms |
Tell people what they should not do |
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Prescriptive norms |
Tell people what they ought to do |
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Differentiation |
Variations within a society |
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Subculture |
Culture within a culture |
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Counterculture |
Thrive on working against or outside of societies rules |
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Lifecycle of deviance |
Move from disapproval to tolerance |
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Social control |
Reaction to deviance |
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Lucky Diamond Rich |
World's most tattooed man |
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Primary deviance |
First step into the world of deviance |
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Secondary deviance |
Progression into the world of deviance |
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Getting in the car |
Conforming to the roles/norms of a prison guard culture |
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Role playing |
The act of orienting one's own behavior to a set of expectations defined by a role |
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Role set |
A complement or collection of role relations that a person acquired by accompanying a particular social status |
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Role prescription |
Required behaviors |
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Role prescription |
Hey role not permitted to an individual because of other roles the person occupies |
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Individualistic theories of deviance |
Biological approaches, psychiatric model of deviance, psychoanalytic explanations of deviance, psychological explanation, rational choice theory |
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Managing deviance |
Secrecy, manipulating the physical setting, rationalizations, change to non-deviance, join deviant subcultures |
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