Crim Ch. 1-3 – Flashcards
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criminology
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academic discipline that uses scientific method to study nature, extent, cause, control of criminal behavior , interdisciplinary field (sociology, psychology, legal studies)
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1. criminal statistics/crime measurement 2. valid/reliable measures
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1. measure activities/trends/patterns in crime to calculate amounts/developments in crime activity 2. valid: actually measures what is purports to measure, factual/ reliable: produces consistent results from one measurement to another
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sociology of law and society/sociolegal studies might investigate miller vs alabama
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subarea of crime with role social forces play in shaping crib law and role of crime law in shaping society history of legal thought to see how crime acts evolved to present form juveniles not fully capable of seeing consequences of their actions, can't get life sentence
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psychological orientation biological sociological
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view crime as function of personality, development, social learning, cognition antisocial behavior and stud biochemical ,genetic, neurological links to crime social forces producing crime behavior like poverty, people are product of environment
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1. marvin Wolfgang patterns in criminal homicide 2. precipitated homicide 3. while collar crime
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1. landmark analysis of nature of homicide and relationship between victim/offender, discovered many instances victims caused/participated violent confrontation that led o their death 2. killings in which victim is direct/positive precipitator of incidient 3. illegal acts that capitalize on persons status in marketplace, theft, embezzlement, fraud, market manipulation, restraint of trade, false advertising, edwin suthernlands
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terrorist study
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mental illness not critical factor, not psychopaths, no terrorist personality, perceived injustice/need for identity/need for belonging are common
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1. penology 2. rehab 3. mandatory sentences 4. capital punishment 5. recidivism 6. risk need responsivity
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1. correction/control of criminal offenders, 2. preventing future crime behavior through therapeutic, community sentencing not prison 3. certain penalty shall be carried out in all cases of conviction for specific offense, 4. execution, death penalty deterrent to murder 5. relapse into crime 6. classifies people on probation and orders placement of some in anger management and cognitive behavioral therapy programs which lowers recidivism rate , high security prison higher recidivism rate
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1. victimology
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1. study of victim role in criminal events, services for crime victims, victim culpability/precipitation of crime, victim risk, measure costs of crime to victims
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1. those who committed crime before 2. cesare beccaria 3. classical criminology
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1. thought to be witches/demons and penalties were whipping/branding/maiming/execution 2. people act in self interest, want pleasure not pain, punishment outweigh crime 3. crime controlled if criminals fear punishment and people choose to commit crime, people have free will to choose crime, crime is attractive when great benefit,crime controlled by fear of punishment, punishment that is severe will deter crime, let punishment fit crime
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1. auguste comte 2. positivism 3. its elements
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1. founder of sociology, societies pass through stages and can be groped on basis of how people try to understand world , 2. human behavior is product of social/biologicall/psychological/economic forces that can be empirically measured 3. use scientific method(problem,hypotheses,collect data,experiment,verify), predicate/explain social phenomena in logical manner by identifying conditions where it may or may not occur, empirical verification where all beliefs or statements must be proven through investigation by scientific method, science must be value free and not influenced by bias
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1. j.k. lavato 2. philippe panel 3. cease lombroso
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1. studied facial features of criminals and how they were associated with social behavior 2. manie sans délire is psychopathic personality 3. father of criminology, study cadavers of executed criminals to see how they differed, suffered atavistic anomalies (primitive savage)
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1. sociological criminology 2. emile thoughts 3. anomie
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1. emile durkheim, relationship of social factors/crime, 2. crime normal can't be absent, people differ,t human weakness/vices , paves way for social change, example is socrates , division of labor in society said consequences of small rural society mechanical to more modern organic large urban one 3. norm/role confusion, chaos, moral uncertainty, loss of traditional values , people become rebellious,
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1. robert ezra park ernest w. burgess, louis wirth
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1. primary source of sociological positivism, created chicago school (study relationship of enviornemnt/crime) , how poverty influence crime
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1. socialization
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1. process of human development/enculturation, education, family, peer elations
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1. communist manifesto 2. conflict theory 3. critical criminology
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1. karl marx, oppressive labor conditions in rise of industrial capitalism, character determined by developing goods, most important is relationship off capitalist bourgeoisie (owner of means of production) and those who perform labor (proletariat) 2. human behavior shaped by interpersonal conflict that those who maintain social power use to further their own ends 3. crime product of capitalist
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1. developmental criminology
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1. sheldon and eleanor glueck, followed careers of known delinquents to determine factors predicted persistent offending, suggested continued crime was developmental process
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1. rational choice theory 2. trait theory 3. structure theory 4. social process theorists 5. critical criminologists
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1. criminals are rational decision makers to see if benefit outweighs consequence 2. criminality is because of abnormal biological or psychological traits , interacts with environment factors 3. persons place in social structure controls behavior, economic class, 4. criminality is function of peoples interactions with organizations/institutions, 5. examine how political/economic power people shape all to uphold self interest, crime related to unfair economic structure
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1. deviant behavior 2. crime
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1. any action that departs from social norms of society, 2. socially harmful, dangerous, specifically defined, prohibited, punished under criminal law,
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1. decriminalized 2. harry ansliger
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1. criminal penalties reduced rather than eliminated 2. head of federal bureau of narcotics used magazine articles, public appearances, to sway opinion of danger of weed with how florida bot killed parens/siblings
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1. consensus view 2. conflict view 3. interactionist view
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1. majority of citizens in society share common values/agree on what behaviors should be defined criminal, criminal law (written code that defines crimes/punishments) reflects values of mainstream society, consensus is general agreement among majority of citizens 2. crime behavior defined by those in power to protect self interest, poor go to prison for minor violation and wealthy given lenient 3. social power impose values on society,
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1. code of hammurabi 2. mosaic code
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1. king of babylon created first written criminal code on basalt rock column , established system of crime/punishement based on physical retaliation 2. israelites, ten commandments,
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1. common law 2. precedent 3. statutory crimes
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1. early english law developed by judges which became standardized law of land in England and eventually formed basis of criminal law in u.s., traced to Henry II when royal judges publish their decisions in local cases and legal reasoning began precedent(burglary, murder, arson,rape referred to as male in se which is evil/depraved) 2. rule derived from previous judicial decisions and applied to future cases, basis of common law, 3. mala prohibitum, crimes define by legislative bodies in response to changing social conditions/public opinion/custom,
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1. felony 2. misdeameanor 3. outlaw these behaviors to get
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1. serious offense that carries penalty of imprisonment for one year of more, (murder/rape/burglar, long prison or death) 2. minor crime punished by short jail term/fine, (unarmed assault, battery, petty larceny, disturbing peace, get fine or incarceration in county jail) 3. social control, no revenge, express public opinion, deter criminal behavior, teach moral value, apply just desert (offenders deserve punishment), equity (redistributes illegal gains), maintain social order
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1. lawrence v texas
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1. supreme court declared state laws criminalizing sexual relations between consenting adults were unconstitutional because violated due process of citizens because of sexual orientation
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1. criminology vs criminal justice
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1. criminology explains etiology (origin) of crime where criminal justice refers to study of agencies of social control, system made up of police, sort,
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1. criminal justice system 2. 3 main components
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1. agency of gov responsible for apprehending/adjucating/sanctioning/treating criminal offenders , only this can maintain power to control crime and punish those who violate it 2. police/law enforcement: maintain peace, emergency assistance, investigate crime, apprehend suspects -court system: houses prosecution/judiciary and responsible for charging criminal suspects, carrying out trials, sentencing those convicted -correctional: incapacitates convicted offenders/attempts to aid in treatment/rehabilitation
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1. process of justice
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1. initial contact when police observe criminal act, 2. investigate when officer see i in progress, 3. arrest (taking into police custody someone suspects of crime when there is sufficient evidence, officer deprives person of freedom, suspect believes he/she sin custody), 4. custody (taken to station to be fingerprinted and personal info recorded as booking, witness, interrogated), 5. complaint/charging (police turn in evidence than prosecutor determine (issues nolle prosequi if office believes insufficient evidence to move case forward) 6. preliminary hearing/grand jury(prove impartial decision making authority that there is probable cause 7. arraignment (accused brought before trial , formal charges read, defendants informed of rights, plea entered, bail considered, trial date set) 8. bail or detention (bail is money bond intended to ensure accused will return for trial, detention if can't afford bail or too dangerous, released on own recognizance (pledge by accused to retune for trial accepted in lieu of bail)
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9. plea bargaining 10. adjudication/trial process 11. disposition/sentencing 12. appeal 13. correctional treatment 14. release 15. postrelase/aftercare
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9. agreement between prosecution and defense in which accused pleads guilty in return for reduction of charges, more lenient sentence, or other consideration 10. adjudication/trial process(inquiry into facts of use before judge if plea bargain not arranged, defendant can be guilty/non guilty or fail to reach decision which is hung jury leaving it open for possible retrial 11. if guilt, setencnced. fine, probation, incarceration 12. taking criminal case to higher court on grounds that defendant was guilty because of legal error or violation of consittuional rights, do this is they feel they weren't related fairly, appellate court reviews whether evidence used property, judge, jury was representative, attorney 13. community supervision, correctional center 14. granted parole before expiration and under supervision of parole department 15. return to community and supervised by corrections department
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1. probably cause 2. booking 3. interrogation 4. nolle prosequi 5. indictment 6. grand jury 7. information 8. preliminary hearing 9.
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1. set of facts, info, condition that lead reasonable person to believe offense was committed and that accused committed that offense, level of proof needed to make legal arrest 2. fingerprint, photo, record person info 3. question suspect 4. drop case 5. written accusation returned by grand jury charging person with specified crime based on prosecutors demonstration of probable cause, 6. group of citizens chosen to hear testimony in secret and issue formal criminal accusations 7. filing before an impartial lower court judge decides whether there is probably cause sufficient for trial
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ethical issues in criminology
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what to study (research influence by gov spending), whom(only poor minorities) , how to conduct studies
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1. primary source of crime data 2. uniform crime report 3. part 1 crimes 4. part II crimes 5. compiling UCR 6. formula , methods to express crime data
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1. surveys/official records 2. large database compiled by FBI of crimes reported and arrests made each year throughout U.S. collected by federal Bureau of Investigation, includes crime reported to local law enforcement and number of arrests made by police agencies , collects data on number/characteristics of people who have been arrested for commuting crime 3. 8 most serious offenses: murder(willful killing of one human being), rape, assault ,robbery, burglary, arson, larceny, motor vehicle theft 4. sex crimes, drug trafficking, vandalism 5. monthly, law enforcement agencies report # of part 1 crime reported , criminal complaints found eliminate actual count, report crimes cleared which can happen when at least one person is arrested/charged/turned over for prosecution of by exceptional means, when some element beyond police control precludes physical arrest of offender 6. number of repeated crimes/ total US population x 100,000 , # of crimes reported t price and arrests made expressed as raw figures, year over year percentage changes in # of crimes computed
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1. forcible rape 2. robbery 3. aggravated assault 4. burglary 5. larceny 6. motor vehicle theft 7. arson
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1. penetration no matter how sigh of vagina or anus with any body part of object 2. taking or attempting to take anything of value from care, custody, or control of person by force or threat of force of violence by putting victim in fear 3. unlawful attack by one person upon another with weapon for inficliting severe bodily injury 4. unlawful entry of structure to commit felony or theft 5. unlawful taking, carying, leading, riding away of propriety from possession or constructive possession of another 6, theft of moto vehicle 7. willful or malicious burning of house, building, vehicle, aircraft, personal property
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1. validity of UCR 2. hierarchy rule
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not reporting because see it as unimportant, not trust police, people without property insurance, fear reprisals from offenders family, victims involved in illegal avitivies , 2. most serious crime is counted
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NIBRS
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program that requires local police to provide brief account of each incident and arrest within 22 crime patterns , collects data on each reported crime incident
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1. sampling 2. population
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1. process of selecting limited number of people for study as representative of larger group 2. all people who share particular characteristic
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1. national crime victimization survey 2. validity
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1. by justice department and u.s. census bureau that surveys victims about experiences with law violation , surveyed twice a year, 2. over reporting due to victim misinterpretation of events, underreporting due to embarrassment, inabilityy to record personal crime activity, sampling errors with group who do not represent society, inadequate question format that gives invalidate response
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1. self report survey 2. valdiility
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1. research approach that requires subjects to reveal their own participation in delinquent or criminal acts ,juvenile delinquency and youth crime, related to background and history 2. exaggerate criminal acts, forget, confused, known group method compare people known to be offenders and those who are not o see whether former report more crime
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monitoring future
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self report data on drug use
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co offending
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offenders to cooperate with one another in risky endeavor, less disadvantage, more stable
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gender and crime trait differences
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more ames murder, more females rob, burglary, and larceny females weaker, more passive, cesare lombrosos argued small group of female criminals as piety, maternity, undeveloped intelligence , his theory masculinity hypothesizes is that women who commit crimes have biological/psychological traits similar to men , male androgens lead to more aggressive
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liberal feminist theory
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suggests social/economic role of women in society controls crime rates , self report studies indicate pattern of female criminality is similar to male and factors that predispose male criminals to crime have equal impact on female criminals
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1. racial profiling 2. racial threat hypothesis
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1. police initiated action direct at suspect or group of suspects based on race, tammy rinehart kochel saw minority more likely to be arrested, cycle of hostility, 2. as size of black population increases, perceived threat to white populations increases, resulting in greater amount of social control on blacks, white residents over estiminate population of minority
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1. most reported crimes in 2. temp 3. regional
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1. warm summer, july and august, exception are murder and robbery which occur in december/january , more during first day of month when gov welfare and security checks arrive 2. crime rate rise with temp, stress hormones to heat 3. are urban areas more crime, rural lowest , exceptions are low population resort areas with large transient or seasonal populations , western/southern states more crime
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1. franklin zimring and gordon hawkins
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1. proliferation of guns and high rate or violence can separate crime problem, cary knleck can be deterrent to crime
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1. resource derivation 2. instrumental crimes 3. expressive
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1. lack of income, poverty 2. illegal acts whose goal is to provide desired goods/services that cannot be obtained through legitimate economic means, improve financial/social position of criminal 3. not for proft/gain but to vent, range, anger , frustration, rape/assault
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1. travis hirschi/micheal gottfredson 2. aging out
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1. age is everywhere correlated with crime, effects on crime do not depend on other demographic, peak of property crime is 16, violence is 18, 65 is alcohol 2. fact that people commit less crime as they mature, linked to human biology
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1. chronic offenders
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1. small group of persistent offenders who account for a majority of all criminal offenses, marvin wolfgang, robert figlio, thorsten sellin, study delinquency in a birth cohort, more bad punishment more likely to repeat offense,
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1. early onset 2. three strike policies
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1. view that repeat offenders begin criminal carriers at young age because of exposure to personal/social problems 2. serve life in person after convicted of third felony,
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1. victimology 2. hans con hunting and stepgen schafer 3. victomoligsts 4. kathryn mccollister
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1. study of victim roles in criminal events, 2. conducted pioneering studies that found victims own behavior is important in criminal incident by provoking assault that ended in their death 3. focus on victims of crime 4. determine how much individual crime might cost society , cost of damaged/lost property, money spent on police
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1. post traumatic stress 2. aftermath: violence and remaking of self 3. cycle of violence
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1. psychological reaction to highly stressful event, include depression, anxiety, flashbacks, recurring nightmares 2. rape victim susan prison recounts recovering 3. victims of crime especially victims of childhood abuse are more likely to commit crimes themselves
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1. sociology ecology of victimilizaon 2. crime in schools 3. victim household 4. gender 5. age 6. social status 7. race 8. marital
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1. more likely in open public area, rape after 6pm, household property crimes high raters in summer, 2. victimization peaks in fall for adolescents 3. urban area in south west more crime, than in northeast/midwest 4. males more likely to be victim of violent crime, women more likely to be victim of sexual assault, 5. teens/young adults high rate of violent crime, david finkelhor found younger kids likely to be hit 6. forest, high rate of assault, 7. blacks more than european 8. never married more victimized, widowers have lowest victimization, young people to young to never been married have highest victim risk, single go out in public more, widowers suffer lower because their older
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1. repeat victimizaiton
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1. marie skubak tiller found impulsive kids with antisocial more risk for victimization, occur after previous crime 1. target volunerability- physical weakness or psychological distress renders them incapable of resisting or deterring crime and makes them easy targets -target gratifiability: quality, possession, skill or attribute the offender wants to obtain, use have access to, manipulate -target antagonism: anger, jealousy, destructive impulses
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victims and criminals
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-males likely to be victimized by stranger, women victimized by friend ,andrew papachristos studied murder incidents in two low income chicago neighborhood he found some killings were random , more often victims knew killers , murder victims are part of small network of people involved in conflict with people who live close to them
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1. victim precipitation theory 2. active precipitation 3. passive precipitation 4. personality theory 5. lifestyle theory 6. high risk life 7. college life
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1. view that victims initiate, actively or passively, confrontation that leads to their victimization 2. aggressive/provocative behavior of victims that results in victimization, use threats, menachem amir suggested female rape victims contribute to their attack based on dressing 3. personal/social characteristics of victims that make them attractive targets for criminals, victim first to act, homicide/assault/rape/robbery, 4. impulsive, risk taker 5. living in urban area, go out at night, views on how people become crime victims because of lifestyles that increase their exposure to criminal offenders 6. males going out, false id, nightlife, limit male friends, 7. parting, drugs, sexual assault, most happened in leisure activities, go unreported
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1. scott jacques and richard wright
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found for at lest one set of criminal offenders, drug dealers, becoming crime victim sets stage for breaking away from crime, serious victimizations that drug dealers define as being caused by their own lawbreaking increase probability of their transitioning out of crime
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deviant place theory honor codes
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view that victimization is primarily a function of where people live, poor, densely populated, highly transient with commerical/residential property side by side, people who become crime victims are honor bound to retaliate against attacker , failure to do so may change reputation and make vulnerable to future attacks
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routine activities theory
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victimization results from interaction of three everyday factors: availably of targets (homs with goods), absence of capable guardians(police, neighbors), presence of motivated offenders(teenagers) , cohen and felson assume both motivation to commit crime and supply of offenders are constant ,crime increase when land increase, saw crime rate increase cause of adult caretaker at home decrease
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steven messner routine activités and lifestyle similaires women drinking more at risk of date rape because
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found as adult unemployment rates increase, juvenile homicide arrest decrease both: assume persons living arrangement affect victim risk and people in unguarded area are at risk, rely on proximity of criminals, time of exposure to criminals, target attractiveness, giuadianshps share 5 predictions: live in high crime areas, go out late at night, carry valuables such as expensive watch, engage in risky behavior, are without friends/family to help intoxicated, attackers rationalize raping, easy targets
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1. omnibus victim witness protection act 2. comprehensive crime control act and victim crime act
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use of victim impact statements at sentencing in federal criminal cases, greater protection for witnesses, more bail laws, use of restitution in criminal cases authorized federal funding for state victim compensation and assistance projects, crime victims right act extended crime victims the right to participate in justice system and be informed and consulted on tactics and decisions being employed by justice department
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1. victim service programs 2. victim compensation programs
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1. government programs that help crime victims and witnesses, include compensation, court services, crisis intervention, 2. financial aid rewarded to crime victims to repay them for their loss and injuries, may cover medical bills, loss of wages, loss of future earnings/counseling,
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victim advocates court advocates court escort
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assigned counselors to victims help understand operations of justice system, prepare victims/witness by explain court procedure like how to be witness, how bail works, what to do if defendant makes threat elderly and disabled victims, child abuse victims, victim intimidated by friend
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victim impact statement
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part of federal crime act ins which congress gave federal victims of violent crime or sexual assault right to speak at sentencing, child protection act of victims of federal crimes are allowed to submit victim impact statements that are commensurate with their age and cognitive development , victim statements can help victim their their story and influence out come of case or higher rate or incarceration
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crisis intervention
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emergency counseling for crime victims like making repairs to home, conducting home safety inspection, accompanying victims to court, victim care kit
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victim offender reconciliation programs
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mediated face to face encounters between victim and encounter designed to produce restitution, agreements, and reconciliation , originally designed to handle route misdemeanors such as theft or vandalism now for burglary and murder
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VINE department of just victim notification system
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victim information and notification everyday service through which victims of crime can use telephone/internet dos search for info regarding offenders custody status and register to receive when its been changed -federal bureau of investigation , u.s. postal inspection service, and u.s. attorney officers, provides federal crime victims with info on scheduled court events and outcome , info on offenders custody status/release
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legal protection for victims
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ex party order, temporary measure by court that grants immediate relief while investigation can be conducted , issued when complaining party is put in fear, no actual cause ex party order, sets up another hearing with notice to defendant, called return day,
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victim rights
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notified of proceedings and status of defendant, present at criminal juice proceedings, make statement of sentencing and receive recitation from convicted offender, be consulted before case is dismissed or plea agreement entered, speedy trial, keep victims contact information confidential
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victim advocates self protection fighting back using firearms
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1. lobby police departments to keep investigations open dir request retune of recovered stolen property, make no contact a condition of bail, help victims make statements during sentencing hearings and during probation and parole revocation procedures, 2. crime control groups, target hardening making ones home crime proof with locks, 3. increases injury but decreases odds of crime being completed 4. increases chance of offense completion, gary klick estimated armed victims kill more attackers than police better to fight than flee
