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116 Cards in this Set

  • Front
  • Back
informational social influence
our tendency to employ other persons as a source of information. That is, we conform because we use others’ actions as guides to understanding reality and the world around us.
normative influence
our tendency to conform to the expectations of others; we conform because we wish to behave as others expect us to behave.
the number of independent sources of influence
Our tendency to conform increases as the number of the persons in the group increases. independent sources, not just numbers in groups that's most crucial
Civil
Civil-Legal Order
rules that are formalizes into laws and enforced by specialized bodies, such as the police
Ceremonial Rules/Standards of Etiquette
conduct rules that govern face-to-face interaction among people in public and private settings; largely unarticulated, but usually understood;
Rules of relationships
standards of conduct that are extremely commonplace since they consist of all those behavioral standards that evolve within specific, relatively enduring interactional relationships, such as between members of a family.
Demonology
most commonly refers to an institutionalized set of beliefs in evil spirits or demons. The world is a battleground between forces of good and evil, moral and supernatural
THE CLASSICAL VIEW
Cesare Beccaria Principle of “Utilitarian Hedonism”, Humans are fundamentally rational. humans are fundamentally hedonistic. humans possess "free will."
Cesare Beccaria
argued against capital punishment and ill-treatment of prisoners. “Let the punishment fit the crime.” Formal punishment should be swift, certain, and severe (to reduce crime). For those who cannot be deterred, incapacitation (removing the opportunity to offend) is the only other option
THE POSITIVIST SCHOOL
a reliance on a “scientific approach” to understanding human behavior, including crime
determinism
part of the positivist school. the principle that all events, including human behavior, have causes
Cesare Lombroso
A focus on “stigmata” and “atavism.” Lombroso’s (final) classification scheme
The born criminal
The insane criminal
The epileptic criminal
The occasional criminal
Sheldon's work on crime
A focus on “somatology”: the science of classifying human characteristics Sheldon’s classification scheme
endomorphy
mesomorphy
ectomorphy
emdomorphic
soft body, no muscles, round. love of food. tolerant. evenness of emotions. love of comfort. sociable. relaxed. need for affection
mesomorphic
hard, muscular body. overly mature appearance. thick skin. adventurous. love of risk and chance. desire for power and dominance. courageous. assertive. indifference to what others think or want.
ectomorphic
thin. flat chest. delicate build. young appearance. tall. lightly muscled. large brain. self-conscious. preference for privacy. introverted. inhibited. mentally intense. socially anxious
Psychogenic Determinism
Moral Insanity
Psychopathy
Sociopathy
The Criminal Personality
Psychoanalytic Approaches
A General Theory of Crime
The use of force or fraud in the pursuit of self-interest. Criminality = the propensity to offend
Crime = the actual event in which a law is broken.
Theory: the lower a person’s self-control, the higher his or her involvement in criminal behavior and acts analogous to crime.
low self control as a part of the general theory of crime
Crime is like other reckless behavior (such as smoking, drinking, unprotected sex) in that it brings instant gratification to the individual and is the result of low self-control. Key element of law-self-control: A “here and now” orientation and an unwillingness to delay gratification.
assumptions about crime according to a general theory of crime
Crime requires no skill or perseverance
Crime is exciting and appeals to those with low levels of self control
Crime has no long term benefits, thus is only appealing to those with low self-control
Crime is especially attractive to those who are unable to make long-term investments in skill development
Crime results in pain or discomfort for its victims, which fits with the correlation between low self-control and self-centeredness.
individual level in theorizing about crime
Biological Accounts
Psychological Accounts
Social/Psychological Accounts
Interactional Accounts
societal level in theorizing about crime
Sociological Accounts
Economic
Political
Cultural
sutherland's theory of differential association
Criminal behavior is learned in interaction with other persons in a process of communication;
The principal part of the learning of criminal behavior occurs within intimate personal groups. Learning includes:
Techniques for committing the crime; Specific direction of motives, drives, rationalizations and attitudes. A person becomes delinquent/criminal because of an excess of definitions favorable to violation of law over definitions unfavorable to the violation of the law;
Differential association may vary in frequency, priority and intensity. The process of learning criminal behavior involves all the mechanisms that are involved in any other learning:
imitation
operant and classical conditioning
stages of socialization.
Sykes and Matza’s “Techniques of Neutralizations”
Denial of responsibility
Denial of injury
Denial of victim
Condemners
Appeal to higher loyalties
justification of police shooting
To protect his/her own life
To protect the life of another
In an effort to prevent the commission of certain violent felonies or to prevent the escape of a violent felon, but only after all other means have been exhausted
Durkheim’s View of Society
Basic Assumptions
Society as akin to a biological system
The importance of equilibrium to the social system
The importance of the collective conscience
Durkheims theory of evolution: mechanical solidarity
Type of society: simple relatively undifferentiated traditional societies
Source of solidarity: joined together by shared norms, values, beliefs, etc.
Status of the collective conscience: pivotal.
Durkheims theory of evolution: organic solidarity
Type of society: modern, highly differentiated, complex societies marked by a specialized division of labor
Source of solidarity: interdependence
Status of the collective conscience: strained.
Durkheim’s View of “Anomie”
“A environmental state wherein society fails to exercise adequate regulation or constraint over the goals and desires of its individual members; a state of ‘normlessness’.”
Durkheim's Types of Suicide
#1. Anomic: state of normlessless
#2. Egoistic: excessive separation b/w individual & the group
#3. Altruistic: minimal distinction b/w individual & the group
#4. Fatalistic: socially induced by hopelessness
Durkheim’s View on The Relationship between Deviance and Conformity
On the strength and weaknes of “moral orders”
Some normative orders are too strong and produce overconformity
Some normative orders are too weak and produce too much “pathology”
The Park & Burgess Model
Park & Burgess examined area characteristics instead of criminals for explanations of high crime rates. There were 5 zones:
Zone I - Central business
Zone II - Zone of Transition
Zone III - Working Class Homes
Zone IV - Middle Class Homes
Zone V – Commuters
Social Disorganization Theory
The focus is on the development of high crime areas in which there is a disintegration of conventional values caused by rapid industrialization, increasing immigration, and urbanization.
Sampson on “Collective Efficacy”
Definition: capacity of a neighborhood to intervene when a problem arises
Based on working trust among residents
Based on shared expectations among residents
The counterpart to individual agency
Basic dilemma of crime control
To control crime through criminal sanctions, the government must have power to investigate and to punish.
1st amendment
free speech. freedom of press. assemble peacefully. freedom of religion. freedom to address the government.
4th amendment
no illegal searches and seizures.
5th Amendment
no double jeopardy. have to be indicted before being held for a crime. don't have to incriminate oneself. due process of law. protection of private property.
6th amendment
right to a swift and speedy public trial with impartial jury. must be informed of the nature of crime. right to confront witnesses against them.
Brown v. Mississippi
hung, lynched and tortured a man over two days to try and get a confession out of him. he finally confessed even though he didn't do it. argued that due process of law was only applicable at the federal level.
14th Amendment
nor shall any State deprive any person of life, liberty, or property, without due process of law. this led to availability of due process of law and application of bill of rights to the states.
Due Process Revolution
-Exclusionary rule
-Miranda and custodial interrogation
-Right to counsel
- At trial (Gideon v. Wainwright, 1962)
-Pre-trial (Escobedo v. Illinois, 1964)
Comparative Law
Individual rights orientation of the Anglo-American tradition (Common law system) has shaped:
-Role of politics and religion in law
-Police investigative procedures
E.g., use of coercion
-Trial procedures
-Role of lawyers
-Burdens of proof in trial
-Rules of evidence
-Appellate process
Islamic Systems
Law used to enforce dominant religious views, require religiously-correct behavior
Socialist Legal Systems
Law used to enforce dominant political views, encourage politically-correct behavior
who decides criminal cases in various systems
-Common law—lay jury
-Code law/Socialist law—judges (gov’t officials)
-Islamic law—religious authorities
standard of proof in a criminal case in various systems
-Common law— “beyond a reasonable doubt”
-Code law– “preponderance of the evidence”
-Islamic/Socialist law—burden on defendant to prove innocence
public nature of trials in various systems
-Common law—public trial; open to public; live testimony of witnesses; defendants get their “day in court”
-Code law—written proof; dossiers of evidence; private review by judges
-Socialist law—Show trials
Appeals
focus on legal error. factual error typically not reviewed. review based on paper record. written briefs and oral arguments. burden on appellant (defendent)
Habeas Corpus Petitions
Aka collateral attack on conviction. Must allege constitutional violation (other than 4th Amendment) —e.g., inadequate assistance of counsel. Claims of actual innocence not reviewable (unless there is “extremely compelling” evidence)
Due Process for Accused Terrorists
-Extraordinary Rendition
-Hamdi v. Rumsfeld (2004)
US citizen has right of habeas corpus. But not necessarily full trial rights
-Hamdan v. Rumsfeld (2006)
Military commissions at Guantanamo violate UCMJ and Geneva Convention
-U.S. v. Jose Padilla (2007)
US citizen currently on trial
general rule of law
Human beings are rational actors. Who can freely choose to commit crime or not. And must therefore be held responsible if they commit crime
Utilitarianism/Rational Choice Theory
People seek to maximize pleasure; minimize pain. In deciding whether to commit crime, they weigh benefits against costs (punishment, opprobrium). Crime results from low situational control (benefits appear to outweigh costs)
causes of low self control
-Inadequate parenting
-Lack of attachment
-Lack of supervision
-Failure to recognize deviant behavior
-Failure to punish deviant acts
-Parental criminality
murder
Murder = Homicide + Malice (intent to kill, wantonness, dangerous felony) w/o justification, excuse or mitigation
-1st Degree—requires premeditation and deliberation
-2nd Degree—does not
-Capital murder
-Enumerated method or victim, multiple victims, aggravating >mitigating
defenses to crime: justifications
-Defense of self or other
-Law enforcement (fleeing felon)
defenses to crime: excuses
-Reasonable mistake of fact
-Coercion
-Infancy
-Involuntary intoxication
-Entrapment
defenses to crime: mitigations
-Heat of passion
-Unreasonable mistake of fact
-Diminished capacity/actuality (Twinkie defense)
wiretapping
Olmstead v. US (1928)—5-4 majority holds:
– wiretapping is not a search
– Therefore does not violate 4th Amendment.
HOWEVER:
Katz v. US (1967)—reverses Olmstead
– 4th Amendment protects reasonable
expectations of privacy
– Wiretapping is a search and requires a warrant
Foreign Intelligence Security Act(FISA)(1978)
• Requires judicial authorization for domestic
surveillance and eavesdropping
• “Secret Court”
• Rapid response (72 hours)
Detention and Torture
• Presidential Order on Detention and Trial of
Non-Citizens (Nov. 13, 2001)
– Authorizes detention of individuals who “aid,
abet or conspire to commit acts of international
terrorism”
– Detainees must be treated “humanely”
– Detainees to be tried by “military commissions”
torture memo
"must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death."
Tennessee v. garner
garner was a burglar fleeing a crime, apparently unarmed and since the officer couldn't catch up he shot and killed him based on a statue that says any means necessary to detain criminal. supreme court ruled statue unconsitutional based on 4th amendment. death is seizure.
bailey v. commonwealth
bailey led the police to murdock's house knowing murdock was drunk. told murdock he would be in a cop like car and demanded murdock to be armed. called police and told them to go to murdock's house. murdock shot at them thinking they were bailey and they shot back and killed him. bailey convicted for murder.
state v. wanrow
wanrow was a single mother in a leg cast and on crutches. wesler had tried to molest on of her children previously. he came into her house and she killed him claiming self-defense. jury was instructed to consider only circumstance "at or immediately before the killing." wanrow was convicted. decision overturned in appellate court cuz jury instructions misconstrued washington law.
roper v. simmons
unconstitutional to impose capital punishment for crimes committed under the age of 18.
u.s. v alexandar and murdock
attacked white marines who made fun of their black race. claimed that social upbringing led them to react the way they did and they had no control over the way they were raised. question is whether or not upbringing is a mental disease or defect. can't make a reasonable decision without consequences.
differential association
theory
most attention has been given to the role of peer groups in fostering delinquency
strain theory
in fostering delinquency; for strain theory, the lack of opportunities il1 school and in the labor market is considered as the source of crime-inducing frustration.
social bond theory
the importance of "indirect control"how
close attachment to parents allows the parents to have a "psychological presence" when youths are not under their surveillance.
judicial review
the power of courts to review acts of the other branches, like statutes or agency regulations, and to strike them down as unconstitutional
inquisitorial system
system used in nations with code law traditions;
characterized by cooperation; in the criminal system, guilt is based on preponderance of evidence
preponderance of the
evidence
most of the evidence points to a finding of guilt or liability; greater likelihood than not that the person committed the act that he or she is alleged to have committed; in numeric terms, 51 percent or more of the evidence establishes guilt or liability
guilt beyond a
reasonable doubt
so much of the evidence points toward guilt that no reasonable person would doubt that the person is responsible; in numeric terms, more than 99 percent of the evidence points toward guilt
advisory opinions
opinions rendered in response to a request for the highest constitutional court to weigh in on a law and issue an opinion that can guide lawmakers in dealing with this law; not binding on anyone, for advice alone; used in countries like France with a code law tradition
French Parliament
the key lawmaking body in France, it has a central role in the creation of French law
Shari'ah
Islamic law that governs relationships between individuals and groups and is seen as the key Islamic legal text; it is interpreted by judges, who are said to be accountable to both Allah and the Muslim community
fatwa
an interpretation of Islamic law usually issued by well-regarded scholars of the law
honor killings
killing of female family members who have committed adultery; in Pakistan, Jordan, and some other Islamic states, men who commit these crimes are exempted from murder charges
Sunna
in addition to Shari'ah, this source of Islamic law establishes legal custom and tradition; there is significant disagreement about what the four schools of Sunna actually require
Zaheer-ud-din v.
the State
1993 Pakistan Supreme Court case that established that freedom of religion was not absolute
and that in some conflicts between the Constitution and Islamic law, religious law would predominate
legal anthropology
a field of study that focuses on how different societies approach dispute resolution, and looks at
. how law functions as a social control and structures relationships; assumes a continuum, from less formal to more formal and complex legal systems
Emil Durkheim
sociologist writing in the late 1800s who argued that law is the expression
of a nation-state's stage of development; as nations become more industrialized and specialized, the law also changes to become restitutive, and administrative
and procedural law predominate
restitutive
aimed at making whole the person who has been injured
H. L. A. Hart
believed that as legal systems evolved, they moved through three discrete stages; when a society developed metarules, known as rules of recognition, change, and adjudication, it had moved to the most advanced stage
primitive legal systems
systems in which laws are synonymous with traditions, religion, or culture; retaliation and revenge are key; and criminal law is predominant
Bronislaw Malinowski
a legal anthropologist who argued that scholars had to look to see how a legal system was actually operating; his study of Trobriand Islanders blurred the lines between primitive, transitional, and modern legal systems
decodification of laws
the trend toward less formal means of resolving disputes in advanced legal systems
Mediation
the intervention of a neutral third party between two contending parties "with a view to reconcile them or persuade them to adjust or settle their dispute."
arbitration
When the parties agree in advance to be bound by the decision of the mediator
demurrer
motion to dismiss complaint
interrogatory
written question directed to one of the parties to the case by the other party. Unless questions are answered, the person may be cited for contempt
venire
pool of prospective persons in a jury
Extraordinary rendition
a maneuver in which United States agents abduct or arrange for the abduction of persons in foreign countries who they suspect of terrorist activities
Mens rea
wrongful state of mind.
Actus rea
an act by the defendant,
which results in a prohibited
harm to society.
Deliberate bodily movement
an affirmative action consciously taken by the defendant, distinguished from an unconscious or reflexive act.
Omission
the failure to act when the law imposes a duty to act.
Overt act for a conspiracy
an act committed in futherance of a conspiracy
Overt act for an attempted crime
a substantial step toward commission of the intended crime
Mere preparation
attempted crimes require that the defendant move beyond preparation and begin consumation of the offense.
Specific intent
the defendant subjectively intends or desires to bring about the prohibited social harm.
Wanton state of mind
extremely reckless disregard of the safety of others, or of other prohibited consequences.
Willful state of mind
actual knowledge of the threat to another's safety, or of other prohibited consequences.
Reasonably prudent person standard
measures the defendant's actual conduct against that of a reasonably prudent person under the same or similar circumstances.
Simple or civil negligence
occurs when a person fails to act as a reasonably prudent person under the circumstances.
Recklessness (criminal negligence)
the defendant's deviation from reasonable conduct is excessive, or more than simple (noncriminal) negligence.
Strict liability crimes
the defendant commits an act, that causes a prohibited harm, regardless of the defendant's, state of mind or reasonableness of actions.
Legal causation
one of the factual causes identified as the legally significant act that warrants conviction and punishment.
Factual cause
a prohibited harm would not have occurred when it did in the absence of the defendant's conduct.
Original Jurisdiction
The power of a court to first hear ortry a case; court oforiginal
jurisdiction is where trial takes place.
Diversity of Citizenship
A basis for federal court jurisdiction
where the plaintiff and defendant are residents ofdifferent
states and the amount in controversy exceeds $50,000.
En Banc
A term that describes the entire
panel of judges on a court hearing
a case.
Appellate Jurisdiction
The power of a court to review what happened in a lower court.
petition for writ of certiorari
A document filed with the Supreme Court requesting a hearing.
Magistrate
A judicial officer; federal magistrates are appointed by judges of federal district courts; magistrates have some of the power of a judge.