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65 Cards in this Set
- Front
- Back
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In the General Strain Theory what are the three sources of strain?
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1. Prevention from achieving positively valued goals
2. Removal or threatened removal of positively valued stimuli that one possesses 3. Presentation or threatening being presented with noxious or negatively valued stimuli |
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What does Travis Hirschi argue in The Causes of Delinquency?
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o He argues that a strong social bond prevents delinquency. All of us are motivated to commit crimes because we all want to have money, things, fun. The social bonds are what helps us not commit crimes
Attachment (to parents and school) – children and teenagers Commitment, when someone has something to lose…an achievement, a goal. Ex: someone having good grades trying to get into college Involvement – an occupier of time. Sports teams. Belief – inherited values and morals |
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What does A General Theory of Crime argue?
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That criminals have low self-control
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What is the Age-Graded Theory?
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As you leave your youth, social environments change making it less likely to commit crimes
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What are the sources of law?
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1. The Constitution
2. Statutes and Laws 3. Regulations 4. Case Law |
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What is the purpose of criminal law?
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Protect, punish, maintain and teach
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Criminal law normally requires that the ________ _______ be proved before a person can be convicted of wrong doing
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corpus delicti (the body of the crime)
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What does corpus delicti consist of?
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- Criminal Act, Actus Reus
- Mental State, Mens Rea - Concurrance |
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Name a few defenses under criminal law?
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Infancy
Insanity Intoxication Mistake |
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What are some justifications of crimes?
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Self Defense
Necessity Entrapment Duress |
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Fourth Amendment
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protection from unreasonable searches and seizures
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Sixth Amendment
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right to a speedy trial, trial by jury, right to confront witness, right to council
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Fifth Amendment
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no one can be deprived of life/liberty/property without “due process of law”
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Eighth Amendment
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prohibits excessive bails, fines, and cruel and unusual punishments
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What are some types of corruption?
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Bribery – someone comes to a police officer and bribes money in order to overlook something
Shakedowns – when an officer sees something happen and asks for money or threatens to report the crime Mooching – getting a free gift. |
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What is "Mala in Se"?
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Acts that are inherently wrong, regardless of whether they are prohibited by law
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What is "Mala in Se"?
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Acts that are inherently wrong, regardless of whether they are prohibited by law
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What is "Mala Prohibita"?
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Acts that are made illegal by criminal statute and not necessarily wrong in and of themselves
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What is "Mala in Se"?
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Acts that are inherently wrong, regardless of whether they are prohibited by law
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What is "Mala Prohibita"?
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Acts that are made illegal by criminal statute and not necessarily wrong in and of themselves
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What is "Corpus Delicti"?
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The body of the circumstances that must exist for a criminal act to have occurred. Proof that a specific crime has actually been committed.
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What is "Corpus Delicti"?
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The body of the circumstances that must exist for a criminal act to have occurred. Proof that a specific crime has actually been committed.
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What is "Actus Reus"?
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A guilty act
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What is "Mens Rea"?
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Guilty intent
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What is "Mala Prohibita"?
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Acts that are made illegal by criminal statute and not necessarily wrong in and of themselves
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What is "Actus Reus"?
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A guilty act
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What is Concurrence?
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The coming together of the criminal act and the guilty mind
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What is "Mens Rea"?
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Guilty intent
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What is "Corpus Delicti"?
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The body of the circumstances that must exist for a criminal act to have occurred. Proof that a specific crime has actually been committed.
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What is Concurrence?
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The coming together of the criminal act and the guilty mind
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What is the Consensus Model of crime?
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It rests on the assumption that as people gather together to forma society, its members will naturally come to a basic agreement with regard to shared norms and values. This assumes a diverse group of people can have similar morals.
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What is "Actus Reus"?
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A guilty act
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What is "Mens Rea"?
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Guilty intent
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What is the Conflict Model of crime?
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The most politically powerful segments of society - class, income, age, race - have the most powerful influence on criminal law
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What is the Consensus Model of crime?
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It rests on the assumption that as people gather together to forma society, its members will naturally come to a basic agreement with regard to shared norms and values. This assumes a diverse group of people can have similar morals.
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What is Concurrence?
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The coming together of the criminal act and the guilty mind
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What are public order crimes?
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Victimless crimes, prostitution, gambling, drug use, public drunkenness
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What is the Conflict Model of crime?
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The most politically powerful segments of society - class, income, age, race - have the most powerful influence on criminal law
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What is the Consensus Model of crime?
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It rests on the assumption that as people gather together to forma society, its members will naturally come to a basic agreement with regard to shared norms and values. This assumes a diverse group of people can have similar morals.
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What are public order crimes?
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Victimless crimes, prostitution, gambling, drug use, public drunkenness
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What is the Conflict Model of crime?
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The most politically powerful segments of society - class, income, age, race - have the most powerful influence on criminal law
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What are the three goals of the criminal justice system?
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1. To control crime
2. To prevent crime 3. To provide and maintain justice |
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What are the three goals of the criminal justice system?
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1. To control crime
2. To prevent crime 3. To provide and maintain justice |
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What are public order crimes?
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Victimless crimes, prostitution, gambling, drug use, public drunkenness
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What are the three goals of the criminal justice system?
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1. To control crime
2. To prevent crime 3. To provide and maintain justice |
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______ means that government powers are shared by the national government and the states.
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Federalism
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Under the _______ ________ ______, law enforcement must be counted on to control criminal activity. High rate of conviction.
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Crime Control Model
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Under the _______ ________ ______, individuals should be protected from the power of the government, strives to make it difficult to prove guilt
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Due Process Model
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When did the USA see the largest decrease in violent crime?
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1990s
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What is the UCR?
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Uniform Crime report, an annual report compiled by the FBI to give an indication of criminal activity in the US
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What does the UCR measure?
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1. Number of arrests
2. Number of reported crimes 3. Number of officers |
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What is NIBRS?
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National Incident-Based Reporting System. It presents a more complete picture of crime by monitoring all criminal "incidents" reported to the police, not just arrests.
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What is it called when a defendant claims that they were induced by a cop to commit a crime they wouldn't otherwise commit?
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Entrapment
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When do police have probable cause?
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Personal Observation
Information Evidence |
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What is the Exclusionary Rule?
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It prohibits the use of illegally obtained evidence in court
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What did Terry v. Ohio find?
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That suspicious behavior is required for a stop and frisk, they may not be for exploratory searches
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What are the elements of arrest?
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1. Intent to arrest
2. Authority to arrest 3. Seizure or Detention 4. The understanding of the person being arrested |
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Where was the first police department?
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Boston, 1801
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At what point in time did most major cities have police departments?
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By the Civil War
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When was the political era of policing? What characterized this era?
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1840-1930. The patronage or the spoils system, there was widespread bribery and corruption
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When was the reform era of policing?
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1930-1980
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Who is known as the father of policing?
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August Vollmer
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When was the community era of policing? What characterizes this era?
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1980-present, Emphasis on good police-community
relationship, more proactive approaches |
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What is a "street level bureaucrat"?
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“Public service workers who interact with citizens in the course of their jobs, and who have substantial discretion in the execution of their work”
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Which city has the largest police department?
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New York City
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