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59 Cards in this Set
- Front
- Back
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What are the 5 major assumptions of Juries and Jurors
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Tabula Rasa
Focus on evidence complete and accurate information processors Jurors can suspend judgment deliberations are unaffected by group pressure |
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What is the formula for field theory
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B=F(P,E) Behavior is a function of people on the environment
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What are the 4 approaches for the study of the legal system
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Psychological Approach
Sociological Approach Philosophical Approach Anthropological Approach |
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Psychological Approach
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Behavior is a function of personal, internal qualities as well as the setting in which they operate
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Anthropological Approach
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Societal factors influence crime
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Sociological Approach
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How society and it's institutions determine their role in adhering to the laws
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Philosophical Approach
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Seeks to understand the nature of justice and the difference between what is legal and what is moral
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4 Dilemmas that stem from choices to be made about the law
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Rights of individuals vs. the common good
equality vs. discretion discover the truth vs. resolve conflicts science vs. the law as a source of decisions |
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Principle of equality
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The same treatment for all people who commit the same crime
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Discretion
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Using judgment about the circumstances of certain offenses that lead to variations in how the system responds to the offenses.
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Equality vs. Discretion
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Whether punishments should be meted out equally without regard to individual circumstance or discretion
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Individual Rights vs. Common Good
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What constitutes probable cause
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Determinant Sentencing
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The offense determines the sentence and the courts have little discretion
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What are the 2 primary modes of the criminal justice system
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Due Process and Crime Control
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Legality
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Requires all laws to be clear and for decision makers to resolve disputes with established laws
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Morality
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How the law stands in support or contrast to the social mores and rules of the society at large
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Justice
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Equity - All participants of a group receive outcomes that reflect contributions that they have made
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8 Levels of Intent
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Reflex Action
Action out of unconscious Action under stress action under hypnotic suggestion action under social pressure action where the consequence is foreseeable Conscious action with conscious intent |
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AND model of attribution
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Observe someone's behavior-dispositional inference-situational correction
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Preconventional levels
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Punishment and Obedience
Hedonisitic Orientation |
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Conventional
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Good Boy/Girl
Law and Order |
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Post Conventional
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Social Contract
Universal Ethical Principles |
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Jury Nullification
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A mechanism and a defense which allows the jury as representatives of the community to disregard the law and evidence and acquit defendants who have violated the letter but not the spirit of the law
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Jury Selection Process
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Venire
Voir Dire Bias Questions Death Penalty Opinions Probe for History of Vicitimization |
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Venire
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Panel drawing of jurors from 30 to 200
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Voir Dire
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Jury Selection
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Peremptory Challenge
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Exclusion of a certain number of potential jurors without reason
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Profiling Inputs
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Collection and Assessment of all materials relating to specific cases
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Decision Process Models
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Arranging all of the gathered information into a logical and coherent pattern
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Crime Assessment
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Reconstruction of events that helps in the assessment role of a crime
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Criminal Profile
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Providing a list of background characteristics; also informs investigators on how to identify and apprehend the perpetrator
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Investigation
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Profiles are incorporated infor generating suspects
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Characteristics of Organized Offenders
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Above Average Intelligence
Socially and Sexually Competent High Birth Order Stable Family of Origin |
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Characteristics of Disorganized Offenders
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Below Average Intelligence
Unskilled work history unstable family of origin loner |
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5 Factor model of investigative psychology
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Interpersonal Coherence
Significance of Time and Place Criminal Characteristics Criminal Career Forensic Awareness |
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Interpersonal Coherence
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The belief that criminals will relate to their victims in a similar way that they deal with people in their everyday lives
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Significance of Time and Place
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Provides the analyst with information about offender mobility and guides inferences about where they live
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Criminal Characteristics
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Allows researchers to develop subsystems for classification of offender groups
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Criminal Career
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Assessment that is made to determine whether the offender may have engaged in criminal activity in the past
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Forensic Awareness
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Any evidence that an offender has knowledge of or may be privvy to police techniques and procedures relating to evidence collection
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Behavioral Evidence Analysis
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Equivocal Forensic Analysis
Victim Assessment Crime Scene Characteristics Offender Characteristics |
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Equivocal Forensic Analysis
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Assessment of the most likely meaning of the evidence
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Victim Assessment
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Victim profiling similar to perpetrator profiling
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Crime Scene Characteristics
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Distinguishing features of a crime scene as evidenced by an offender's behavioral decisions regarding the victim and the offense location and their meaning to the offender
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Offender characteristics
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Offender's behavioral and personality characteristics are informed by the preceeding steps
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Strain Theory
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The belief that the American Dream is unattainable leads to crime as equity
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5 Modes of adaptation in reaction the the American Success Goal
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Conformity
Innovation and Acceptance of Goals Ritualism Retreatism Rebellion |
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9 principles of Social Learning Theory of Crime
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Criminal Behavior is not Innate
Criminal Behavior is learned through communications Learning takes place in intimate groups Learining of criminal behavior involves learning how to commit crimes, motives and attitudes People learn motives and attitudes about the law that are either positive or negative People will differentially associate with the definititons that are favorable to violating the law Differential associations depend on frequency, duration, priority and intensity Learning criminal behavior follows the same principles as other forms of learning Criminal behavior is not necessarily an expression of needs and values |
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4 Elements of Social Control Theory of Crime
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Attachment
Commitment Belief Involvement |
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Labeling Theory
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People become stigmatized by the label
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Rational Choice Model
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Background characteristics may predispose someone to crime
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Routine Activity Theory
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Crimes need 3 elements: likely offender, suitable target, absence of a capable guardian
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Rational Choice Theory
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Crime benefits the offender
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Situational Crime Prevention
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Influence an offender's decision or ability to commit crimes at particular times and places
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Opportunity Theory
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Opportunity causes crime regardless of criminal inclination
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Displacement Theory
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What type of crime may occur when another type of crime is committed
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Free and Voluntary Rule
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Suseptibility of the Suspect, environment and methods used
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What is meant by a valid confession
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If the suspect's post-admission narrative leads to previously unknown ecvidence it is assumed that the confession is valid
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What is the law of torture?
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Only those highly likely of guilt would be tortured.
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