Test 1 (Chapters 1, 4, & 7) – Flashcards

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The rules of evidence, the law of search & seizure, questions of appeal, jury selection, & the right to counsel fall under what category of criminal law?
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Procedural Law
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Murder, rape, and other crimes deemed inherently evil are also referred to as ________ crimes.
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Mala in se
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The consensus view states that criminal laws are acts created to protect the haves from the have nots. (True or False)
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False
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The subarea of criminal statistics involves measuring the amount and trends of criminal activity. (True or False)
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True
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________ is an academic discipline that makes use of scientific methods to study the nature, extent, cause and control of criminal behavior.
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Criminology
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Shifting definitions of deviant behavior are closely associated with our concepts of time. (True or False)
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True
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The consensus view of crime links illegal behavior to the concept of...
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Social harm
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In ________, the Supreme Court declared that laws banning sodomy were unconstitutional because they violated the due process rights of citizens because of their sexual orientation.
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Lawrence v. Texas
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A battered wife who kills her mate might argue that she acted out of duress- committing her crime to save her own life. She would be using the defense of...
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justification
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Research conducted on the links between different crimes and criminals is known as ___ ______.
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crime typology
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Public welfare offenses, such as traffic offenses, are crimes that do not require mens rea to prove legal guilt because they endanger public welfare or violate safety regulations. They are also referred to as:
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Strict liability crimes
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Studying the correction and control of known criminal offenders is:
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penology
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Statutory crimes are referred to as:
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mala prohibitum
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All law in the US must conform to the rules and dictates of the US Constitution. (True or False)
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True
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The perspective that views crime as the reflection of the preferences and opinions of people who hold social power in a particular legal jurisdiction is:
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the interactionist view
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Criminal law constantly evolves to reflect social and economic conditions. (True or False)
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True
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Common law originated in early England where royal judges would use local rules and custom to decide cases. (True or False)
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True
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The sub-area of the sociology of law is concerned with the role social forces play in shaping law. (True or False)
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True
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Deviant behavior is behavior that departs from social norms. (True or False)
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True
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Those laws that set out the basic rules of practice in the criminal justice system are procedural criminal laws. (True or False)
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True
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Criminal justice explains the etiology, extent, and nature of crime in society. (True or False)
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False
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This type of law is used to resolve, control, and shape such personal interactions as contracts, wills and trusts, property ownership, and involves tort law.
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Civil law
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Criminologists use _______ methods to study the nature, extent, cause and control of criminal behavior.
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Scientific
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_______ law governs the regulation of city, country, state, and federal governmental agencies.
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administrative law
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Criminologists who devise valid and reliable measures designed to calculate the amount and trends of criminal activity fall under which sub-area of the criminological enterprise?
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criminal statistic and crime measurements
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The branch of the law that defines crimes and their punishment is known as ________ .
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substantive law
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College students who are drunk when they assault other people may claim they were suffering from a mental impairment that prevented them from understanding the harmfulness of their acts. They are using what type of defense?
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excuses
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Several sub-areas of criminology exist within the broader areas of criminology. These subareas are termed:
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The criminological enterprise
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Theories are based on social facts that are observed and can be consistently quantified. (True or False)
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True
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Duress, self-defense, and entrapment are defenses in which the individual usually admits committing the criminal act but maintains that he or she should not be held criminally liable. These are what type of defense?
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Justifications
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The interactionist perspective holds that the definition of crime evolves according to the moral standards of those in power. (True or False)
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True
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Under this view, groups able to assert their political power use the law and criminal justice system to advance their economic and social positions. Criminal laws are viewed as acts created to protect the haves from the have-nots.
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conflict
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According to early victimologists, victim behavior is very rarely a key determinant of crime. (True or False)
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False
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The Code of Hammurabi established a system of crime and punishment based on physical retaliation. But, the severity of this physical retaliation depended upon ones:
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class standing
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Changing technology requires modifications of the criminal laws. A new defined crime that involves ending out bulk e-mails messages designed to trick consumers into revealing personal information is called:
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phishing
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______ serve as models or frameworks for understanding human behavior and the forces that shape its content and direction.
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Theories
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Mala in se crimes are those crimes that reflect existing social conditions and are enacts through legislation. (True or False)
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False
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Crimes less serious in nature and punished with a fine or a period of incarceration in a jail are referred to as:
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misdemanors
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The intent to commit the criminal act is known as:
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mens rea
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Government and institutional funding have little influence on the direction and nature of criminological research. (True or False)
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False
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The sub-area of criminology concerned with the role social forces play in shaping criminal law and the role criminal law plays in shaping society is known as:
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The sociology of law
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Common law was developed after the Norman conquest of England in 1066 through the verdicts of ____ who used local customs and rules of conduct as guides for decision making.
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royal judges
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Conspiracy, solicitation, and attempted crimes are also known as:
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inchoate offenses
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The theory of specific deterrence suggest that the harsher the punishment, the less likely the chances of recidivism. Is this so? The majority of offenders are __ _______ and ______.
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The majority of offenders are not deterred and reoffend.
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Situational inducements, such as the thrill or relieving stress, which directly precede the commission of a crime, and draw offenders into law violations are called ________.
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seductions of crime
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To deter people from committing more serious offenses, Beccaria believed punishment should be lenient. (True or False)
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False
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According to deterrence theory, if the probability of arrest, conviction, and sanctioning could be increased, crime rates should _____.
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decline
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According to rational choice theory, why might a criminal decide not to commit crime? The criminal perceives the crime as too _____.
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The criminal perceives the crime as too risky.
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According to ______, crime rates are influenced and controlled by the threat of punishment.
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general deterrence
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If a crime is offense-specific, offenders have weighed their abilities, resources, needs, and levels of fear. (True or False)
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False
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The three components of deterrence theory are severity, certainty, and speed of legal sanctions (punishment). Of these components, deterrence theories tend to believe that the _____ of punishment seems to have the strongest impact.
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certainty
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Three components of deterrence theory:
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Severity, certainty, and speed of legal sanctions (punishment)
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Clearly indicating a rational thought process, people will forego crime if they risk losing the respect of their peers and/or damaging their reputations. (True or False)
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True
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Personal factors such as economic opportunity, learning and experience, and knowledge of criminal techniques condition people to choose crime. (True or False)
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True
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According to the rational choice approach, law-violating behavior occurs when an offender decides to commit the crime after considering what two types of factors?
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Personal and situational
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Situational crime prevention is not without its problems. When crime reduction programs re-direct offenders to alternative targets, it is termed:
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crime displacement
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The view that criminals evaluate their skills and needs prior to engaging in a crime is:
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Offender specific
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Crime reduction programs may produce a short-term positive effect, but benefits then dissipate as criminals adjust to new conditions. This phenomenon is known as:
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extinction
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____ ______ occur when significant others, such as parents, peers, neighbors, and teachers direct their disapproval toward the offender.
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Informal sanctions
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Some law violators describe the adrenaline rush that comes form successfully executing illegal activities in dangerous situations. This integration of danger, risk, and skill is for some a seduction of crime and is referred to as:
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edgework
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Offenders may react selectively to the characteristics of particular offenses. For instance, the decision to commit a burglary may involve evaluating the target's likely cash yield and the presence of dogs and escape routs. This crime would then be considered:
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offense specific
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Thew view that proposes placing offenders behind bars during their prime crime years in order to lessen their opportunity to commit crime is known as the __________ _____.
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incapacitation effect
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Situational crime prevention tactics such as Lojack tracking systems are an example of what?
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reducing awards
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If petty offenses were subject to the same punishment as more serious crimes, offenders would choose the worst crime. This is known as ________ _______.
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Marginal deterrence
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The philosophy of justice that asserts that those who violate the rights of others deserve to be punished is known as ____ ____.
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Just desert
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Rational choice theory is rooted in the classical school of criminology developed by:
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Cesare Beccaria
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Guardians who monitor targets, handlers who monitor potential offenders, and managers who monitor places are ____ _______ who have varying levels of responsibility and research indicates they impact crime rates.
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Crime discouragers
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When effort to prevent one crime unintentionally prevent another and when crime control efforts in one locale reduce crime in other non-target areas, this is called _______ __ _____.
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Diffusion of benefits
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Most burglars prefer to commit crimes in neighborhoods that contain a greater than usual number of access streets. These neighborhoods are referred to as:
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permeable neighborhoods
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Policies that convince potential criminals to desist from criminal activities, delay their actions, or avoid a particular target are known as ______ _____ _______.
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situational crime prevention
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Rational choice theory has roots in the Chicago School developed by Cesare Beccaria. (True or False)
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False
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Most burglars prefer to commit crime in neighborhoods with a limited number of access streets to ensure a decrease in traffic. (True or False)
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False
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The view that crime is a matter of rational choice is held by a number of criminologists who believe that the decision to violate any law is made for a variety of personal reasons including greed, revenge, need, anger, lust, jealously, thrill-seeking, or vanity. (True or False)
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True
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The seduction of crime increase the likelihood of engaging in crime due to neither fearing legal punishment nor losing respect of peers. (True or False)
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True
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The effect of shaming may vary according to what? The cohesiveness of the ____ ______.
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Community structure
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The utilitarian calculus, which is a cost-benefit analysis, is associated with Jeremy Bentham. (True or False)
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True
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This occurs when crime control efforts targeting a particular locale help reduce crime in surrounding areas and populations.
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discouragement
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The writings of Beccaria influenced the US Constitution and France's Declaration of the Rights of Man. (True or False)
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True
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Well-lit housing projects that maximize surveillance reflect Oscar Newman's concept of _____ ______ that suggest crime can be prevented via the use of residential architectural designs that reduce criminal opportunity.
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Defensible space
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Beccaria believed that criminals choose to commit crime and that criminal choices could be controlled by ____ __ _______.
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fear of punishment
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Differential association theory is able to explain why one youth who is exposed to delinquent definitions eventually succumbs to them, while another living under the same conditions is able to avoid criminal entanglements. (True or False)
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False
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Labeling theorists use a/an _____ definition of crime.
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Interactionist
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Communication via symbols which represent something else is known as ______ _______.
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Symbolic interaction
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Social control theory maintains that everyone has the potential to become a criminal but that most people are controlled by their bonds to society. (True or False)
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True
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Thew view that becoming a criminal is a learning process in which potential delinquents master skills that enable them to counterbalance conventional values and drift back and forth between illegitimate and conventional behavior is known as:
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neutralization theory
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People become criminals when significant members of society label them as such and they accept those labels as a personal identity. This is part of the ______ _____ ______.
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social reaction theory
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Novice criminals often argue that they are caught in the dilemma of being loyal to their own peer group while at the same time attempting to abide by the rules of the larger society. This is known as _____ __ _____ _____.
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Appeal to higher loyalties
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When behavior is punished, this is referred to as _______ __________.
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Negative reinforcement
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According to social reaction theory, labels are believed to produce _____.
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stigma
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A major premise of social reaction theory is that the law is differentially constructed and applied, depending on the offenders This is known as _______ ________.
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Differential enforcement
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The view that criminality is a function of people's interactions with various organizations, institutions, and processes in society is referred to as _____ _____ ______.
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Social process theory
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Criminal techniques are learned including the motives, drives, rationalizations, and attitudes associated with crime. (True or False)
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True
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When a crime is directed at certain persons because they are disliked or engage in behavior some people may find offensive, the offenders sometimes neutralizes their wrongdoing by maintaining that it was deserved. This is known as ____ __ _____
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denial of victim
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One consequence of labeling is the concept of _____ _____, which brings about a reassessment of one's self-image that reflects actual or perceived judgements made by others, such as parents.
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reflected appraisals
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According to Matza, ____ refers to the process of moving from one extreme of behavior to another. Further, this helps to explain why a youth's behavior may be law abiding sometimes and deviant at other times.
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drift
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Children living with a stepparent exhibit less problems as youth in single-parent families and considerably more problems than those who are living with both biological parents. (True or False)
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False
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By denying the wrongfulness of an act, criminals are able to neutralize illegal behaviors. This is known as denial of _____.
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injury
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When an offender views the world as a corrupt place with a dog-eat-dog code, it is known as denial of injury. (True or False)
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False
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The theory that links the onset of criminality to the weakening of the ties that bind people to society is ____ ____ ______
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social bond theory
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The interactions people have with various organizations, institutions, and processes of society is known as:
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socialization.
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The importance and prestige attributed to individuals or groups from whom the definitions are learned is the ______ element of an association.
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intensity
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Diversion programs are a policy implication of what social process theory?
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labeling
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Skyes and Matza found that criminals are immune to the demands of conformity and that criminals rarely respect, if ever, honest law-abiding persons. (True or False)
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False
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Poor school achievement and limited education aspirations have been associated with delinquent behavior. (True or False)
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True
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Whose name do we associate with the prominent social learning theory of differential association?
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Sutherland
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In his _______ _____, pioneering control theorist Walter Reckless argued that a strong self-image insulates a youth from the pressures and pulls of crimogenic influences in the environment.
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containment thoery
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The principle that criminal techniques are learned is part of _______ _______ _____.
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differential associate theory
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Diffential association theory suggest that crime is a/an _______ behavior.
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learned
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Social process theories view criminality as a function of people's interactions with various organizations, institutions, and processes in society. Thus improper socialization is a key component of crime. (True or False)
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True
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The view, according to Akers, that both deviant and conventional behaviors are learned is called _____ _____ ____
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differential reinforcement theory
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This occurs when norm violations or crimes have very little influence on the actor and can be quickly forgotten. (_____ ______)
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primary deviance
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When young offenders sometimes claim their unlawful acts are simply not their fault, it is known as denial of responsibility. (True or False)
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True
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When young offenders claim their unlawful acts were beyond their control it is known as ____ __ ______.
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Denial of responsibility
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The critique that the origins of criminal definitions is not accounted for is applicable to what theory group?
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learning theories
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Youth who grow up in households characterized by conflict and tension and where there is a lack of familial love and support are susceptible to:
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delinquency
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Social learning theories assume people are born either "bad" or "good" and that their degree of criminality can be unlearned with proper socialization. (True or False)
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False
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______ ______ occurs when parents have excellent parenting skills, are supportive and can effectively control their children in a non coercive fashion, resulting in a reduction in antisocial behavior.
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Parental efficacy
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The morally tinged influences, which have become entrenched in the culture but that are publicly condemned are known as ______ ______.
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subterranean behaviors
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Criminology
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the study of criminal behavior as it deals with the processes of making laws, of breaking laws, and of reaction to the breaking of laws
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Five aspects of criminology
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body of knowledge development of criminal law the cause of law violations methods used to control criminal behavior a multidisciplinary science
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Criminology explains the _____, ______, and _____ of crime in society.
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origin, extent, and nature
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criminal justice is the study of ______ __ ____ _____.
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agencies of social control
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Agencies of social control (3)
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police courts corrections
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deviant behavior
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departs from social norms
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Criminologists do three things: try and create ____ and ____ measurements of criminal behavior, help agents of the criminal justice system develop effective _____ _____ ______ that rely on accurate measurement of crime rates, and make international comparisons by using ____ ______.
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valid and reliable crime control policies criminal statistics
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The basics of theory construction and testing is to:
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explain, hypothesize, and test
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Six major subareas of the criminological enterprise:
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Criminal statistics sociology of law theory construction and development criminal behavior system and typologies penology victimology
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Criminal statistics
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describes and measures crime
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sociology of law
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analyzes how society shapes the law and how law shapes society
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theory construction and development
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the focus is on crime causation
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Penology
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focus is on corrections, rehabilitation, and treatment
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victimology
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focus is on the nature and cause of victimization, aiding victims, and theories of victimization risk
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Crime typologies
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violent crime theft crime public order crime organized crime
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Criminologists conduct research that is designed to evaluate justice initiatives in order to determine their:
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efficiency, effectiveness, and impact
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Criminologists view crimes from one of three different perspectives:
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consensus view of crime conflict view of crime interactionist view of crime
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Consensus view of crime
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substantive criminal law reflects the values, beliefs, and opinions of society's mainstream, so there is a majority/general agreement among citizens on what behaviors should be illegal
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social harm
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sets strange, unusual, or deviant behavior apart form criminal behaviors
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Conflict view of crime
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society is a collection of diverse groups who are in constant and continuous conflict. the groups that achieve power use the law and the criminal justice system to protect the haves from the have nots
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Interactionist view of crime
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people act according to their own interpretation of reality. good and evil is interpreted by the evaluator
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integrated definition of crime
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crime is a violation of societal rules of behavior as interpreted and expressed by a criminal legal code created by people holding social and political power. individuals who violate these rules are subject to sanctions by state authority, social stigma, and loss of status
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Mosaic Code
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foundation for the Judeo-Christian moral teaching and the US legal system
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stare decisis
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let the decision stand
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Four areas of law
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substantive criminal law procedural criminal law civil law public or administrative law
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mala in se
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action is bad in itself
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mala prohibitum
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bad because it is against the law
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Three required components in every crime:
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actus reus mens rea concurrence of the two
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actus reus
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guilty act
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mens rea
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guilty mind
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6 social goals the state expects to achieve with criminal law enforcement
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enforcing social control discouraging revenge expressing public opinion and morality deterring criminal behavior punishing wrongdoing maintaining social order
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edgework
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the exhilarating, momentary integration of danger, risk, and skill that motivates people to try dangerous criminal and non criminal behaviors.
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defensible space
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crime can be prevented or displaced through the use of residential architecture
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diffusion
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when efforts to prevent one crime unintentionally prevent another and crime control efforts in one locale reduce crime in other non target areas
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discouragement
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when crime control efforts targeting one locale help reduce crime in surrounding areas and groups
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displacement
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doing something in one area which may redirect crime to another area
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extinction
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crime reduction programs may produce a short-term positive effect, but benefits dissipate as criminals adjust to new conditions
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encouragment
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crime reduction programs may boomerang and increase rather than decrease the potentiality for crime
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general deterrence
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crime rates are influenced and controlled by the threat of punishment
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specific deterrence
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criminal sanctions should be swift, sure, and powerful so that known criminals will never repeat their criminal acts
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the ____ _____ perpetuates stigmatization in schools
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track system
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differential association theory
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criminal behavior and techniques are a learned by product of interaction within intimate groups, and may vary in frequency, duration, priority, and intensity.
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Three social process approaches:
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social learning theory social control theory social reaction theory
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social learning theory
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crime is a learned behavior
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social control theory
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everyone has the potential to become a criminal, but most are controlled by the bond to society
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social reaction theory
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people become criminal when significant members of society label them as such and they accept those labels as a personal identity
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incapacitation effect
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placing offenders behind bars during their prime crime years should lessen their lifetime opportunity to commit crime
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Choice thory
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those who violate other's rights deserve to be punished
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just deserts
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retribution justifies punishment because people deserve what they get for past deeds
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