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33 Cards in this Set
- Front
- Back
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Mala in se vs. Mala prohibita |
Mala in se
Acts that are inherently wrong, regardless of whether they are prohibited by law Examples:MurderSexual Assault Mala prohibita Acts that are made illegal by criminal statute and are not necessarily inherently wrong Examples:Prostitution, Bigamy |
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Elements of Crime |
The act (actus reus), the intent (mens rea), concurrence, link between the act and legal def., and the attendant circumstances (facts surrounding the event), and the harm caused by the event |
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Categories of Crime |
Felony Crimes Crimes punishable by death or imprisonment for one year or longer Misdemeanor Crimes Crimes punishable by fines or by confinement for up to one year |
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What are the degrees of crime? |
Capital betrayal of one's country 1st degree willful killing of a human being, purposeful 2nd degree intentional killing with no deliberation 3rd degree Voluntary manslaughter, crime of passion
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Criminal Law vs. Civil Law |
Criminal Law goal is to protect society from harm initiated by the public prosecutor state prosecutes the person, government punishes Civil Law disputes between private individuals or entities initiated by an individual provides a forum for the resolution of private wrong-doings |
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Sources of Law |
U.S. Constitution/State Constitutions Statutes or Laws passed by Congress Regulations created by federal agencies Case Law (Court Decisions) |
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Assault |
an attempt to initiate harmful or offensive contact with a person, or a threat to do so.
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Battery |
fully achieving unlawful physical contact
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Robbery |
Completed or attempted theft, directly from a person, of property or cash by force or threat of force, with or without a weapon, and with or without injury.
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Larceny |
the taking of someone else's property without the use of force
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Victim's Rights |
Right to be Informed, Present, Heard |
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The Chicago School |
Showed a correlation between poverty and high crime rate
Neighborhood conditions have much greater effect on criminal behavior than ethnicity, race, or religion. |
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Social Disorganization |
If the neighborhood, schools, and environment is all broken down, that can cause some people to turn to criminal careers |
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Strain Theory |
Individual can't accomplish their desires by legal means, causes a strain, turns to illegal means to do it |
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Learning Theory |
Criminal behavior is learned |
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Control Theory |
Individuals can commit crime, but most choose not to because of the opinions of peers and family
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Conflict theory
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conflict between different races in society, different governing styles (marxism v. capitalism), historical injustices |
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Hormones and Aggression |
Testosterone is why males commit more crime than females PMS is why women get more violent |
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Social Process Theory |
Assume the causes of criminal behavior lie in the social environment outside the individual |
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Labeling Theory |
how the self-identity and behavior of individuals may be determined or influenced by the terms used to describe or classify them. Self-fulfilling prophecy
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Violent Crime |
Murder
non-negligent manslaughter Robbery Aggravated Assault Forcible Rape |
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Public Order Crimes |
Crimes against the public LOITERING INDECENT BEHAVIOR DISORDERLY CONDUCT PUBLIC DRUNKENNESS URINATING IN PUBLIC |
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White Collar Crime |
committed by the rich EMBEZZLEMENT IDENTITY THEFT COMPUTER BASED CRIMES INSIDER TRADING TAX EVASION FRAUD |
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Organized Crime |
Ongoing conspiratorial enterprise engaged in illicit activities as a means of generating income (as black money). Structured like a business into a pyramid shaped hierarchy
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Homicide |
the killing of one human being by another |
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Types of Homicidal Murder |
First Degree, Second Degree, Voluntary Manslaughter, Involuntary Manslaughter, and Felony Murder |
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First Degree |
willful killing, made a conscious decision |
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Second Degree |
May or may not have intended to kill an individual, no deliberation or premeditation |
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Manslaughter |
unlawful killing, but committed without malice |
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Voluntary Manslaughter |
intentional killing under circumstances with extreme emotions (crime of passion), fear for life |
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Involuntary Manslaughter |
death of an individual resulting from reckless or negligent behavior |
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Felony Murders |
Unlawful homicide that occurs during the commission of a felony, like a robbery, rape, or arson |
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Wedding Cake Model |
Layer 1: Cases that involving the wealthy and famous or have high media coverage. Layer 2: Cases that are Index I crimes (i.e. rape, robbery, arson, murder, etc.) Layer 3: Cases that are less serious, committed by young or first-time offenders. Layer 4: Cases that are misdemeanors, everyday and most common (i.e. shoplifting, disorderly conduct, simple assault, etc.)
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