Criminal Justice: Exam 1 Chapter 3&4

Front 1

Biological Theories of Crime

Back 1

Phrenology
Atavisms
Physiology
Somatotyping
XXY Syndrome
Biochemistry

Front 2

The 8 Psychological Theories

Back 2

Cognitive Psychological Theory
Psychopathy
Chicago Theory
Differential Association
Strain Theory
Social Control Theory
Neutralization Theory
Labeling Theory

Front 3

Cognitive Psychological Theory

Back 3

moral development.
Preconventional: children make decisions to avoid punishment
Conventional: adolescence, people adopt and support their society's values.
Post Conventional: compare rules and laws to universal moral laws and ethics

Front 4

Psychopathy

Back 4

Primary: innate psychological, emotional, cognitive, and biological differences that distinguish primpary psychopaths from the rest of society.
Secondary: antisocial and violent behavior because of severe emotional issues
Dyssocial: aggressive, violent, and antisocial because he or she has learned these behaviors not because of any illness or inner conflict

Front 5

Chicago School

Back 5

Criminological theories that rely, in part, on individuals demographics and geographic location to explain criminal behavior.
-social disorganization, look at communities for reason why crime happened. ex. population, SES, length of residence

Front 6

Differential Association

Back 6

A theory developed by Edwin Sutherland that states that crime is learned.
Who you hang out with.
Duration, Intensity, Priority, "Age it Started," Frequency

Front 7

Strain Theory

Back 7

The theory that causes of crime can be connected to the pressure on culturally or materially disadvantaged groups or individuals to achieve the goals held by society, even if the means to these goals require the breaking of laws.
Anomie

Front 8

Anomie

Back 8

Stating that problems arise with unequal access to societal norms

Front 9

Social Control Theory

Back 9

Seeks not to explain why people break the law, but instead explores what keeps most people from breaking the law.
Hirschi
Four elements of the social bond

Front 10

Hirschi

Back 10

Crime occurs when the social bond is weakened

Front 11

Four Elements of the Social Bond

Back 11

Attachment
Commitment
Involvement
Beliefs

Front 12

Neutralization Theory

Back 12

A perspective that states that juvenile delinquents have feelings of guilt when involved in illegal activities and search for explanations to diminish that guilt.
Five Techniques of Neutralization

Front 13

Five Techniques of Neutralization

Back 13

Denial of Responsibility-wasn't their fault
Denial of Injury-no one got hurt
Denial of Victim-no one was a victim
Condemnation of Condemners-police are unfair
Appeal to Higher Loyalty-following "God's Law"

Front 14

Labeling Theory

Back 14

A perspective that considers recidivism to be a consequence, in part, of the negative labels applied to offenders.
Offenders are given a label (outsider) and they feel they must live up to that label.

Front 15

Sources of Law

Back 15

Constitutions
Statutes
Administrative Rules

Front 16

Constitutions

Back 16

Binds legislators, societal institutions, and the citizens to a system of government and laws.
Express the will of the people.
Does not propose many behaviors, but sets out values that the criminal law cannot abridge.
Bill of Rights

Front 17

Bill of Rights

Back 17

First 10 amendments to the constitution dictates that the basic freedoms enjoyed by citizens

Front 18

Statutes

Back 18

Law enacted by a legislature.
Legislative bodies have developed the common law into specific statutes proscribing criminal behavior.
Penal Codes.

Front 19

Penal Codes

Back 19

Published statutes fit the principles of predictability, reliability, efficiency, and equality better than the doctrine of precedent.

Front 20

Administrative Rules

Back 20

Health, environment, customs, and parole agencies have the authority to enact rules that limit the freedoms of individuals within their influence.

Front 21

Types of Law

Back 21

Criminal Law
Substantive Law
Civil Law
Procedural Law
Case Law

Front 22

Criminal Law

Back 22

Three criteria determine which behaviors are made criminal:
The enforceability of the law
The effect of the law
The existence of other means to protect society against undesirable behavior

Front 23

Substantive Law

Back 23

Found in the criminal codes of the state and federal governments.
Specifies which behaviors are defined as crime.
What is right and wrong.

Front 24

Civil Law

Back 24

Law that governs private rights as opposed to the law that governs criminal issues.
Involves money not incarceration.
Between 2 people, covers contracts, personal property, maritime laws, and commercial law.

Front 25

Procedural Law

Back 25

Specifies how the criminal justice system may do to those who break the law.

Front 26

Case Law

Back 26

Depends on principle of precedent and influenced by jurisdiction.
Comes from previous judicial decisions.

Front 27

Types of Crime

Back 27

Inchoate Offense
Felonies
Misdemeanors

Front 28

Inchoate Offense

Back 28

Seeks to deter people from planning and attempting to break the law.
Examples: conspiracy and attempt
Just because the crime failed does not mean there should be a lesser punishment.

Front 29

Felonies

Back 29

Most serious type of crime.
Ex. murder, rape, assault, larceny, arson, and host of other offenses.

Front 30

Misdemeanors

Back 30

Less serious offense than felonies and are subject to lighter penalties.

Front 31

Features of Crime

Back 31

Actus Reus
Mens Rea
Concurrence
Strict Liability

Front 32

Actus Reus

Back 32

The Criminal Act
"Guilty Dead" the physical action of a criminal offense.

Front 33

Mens Rea

Back 33

The Criminal Intent
"Guilty Mind" intent or knowledge to break the law.

Front 34

Concurrence

Back 34

Both Actus Reus and Mens Rea must be present at the same time for a behavior to be considered a criminal offense.
Exception: Strict Liability

Front 35

Strict Liability

Back 35

Offenses in which the public's welfare is at issue.
Narcotics Violation, Health and Safety Regulations, Traffic Violations, or Sanitation Violations

Front 36

The 6 Criminal Defenses

Back 36

My client did not do it.
My client did it, but is not responsible because he/she is insane.
My client did it but has a good excuse. (Dementia)
My client did it but has a good reason. (Self-Defense)
My client did it but should be acquitted because the police/prosecutor cheated.
My client did it but was influenced by outside forces. (Duress)

Front 37

Duress

Back 37

Committing a crime because of fear for their life. (Bomb Example)